Sec. 512. AUTHORIZATION.9

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## Sec. 512 AUTHORIZATION.9 **[**[20 U.S.C. 4021](/us/usc/t20/s4021)**]** ###

(a)####

(1)There are hereby authorized to be appropriated for the asbestos abatement program not more than $200,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995. In addition, for such purposes and for each of such fiscal years there are authorized to be appropriated out of the Asbestos Trust Fund established by section 5 of the Asbestos Hazard Emergency Response Act of 1986 (20 U.S.C. 4022) such sums as are contained in such trust fund in each of such fiscal years. ####

(2)The sums appropriated under this title shall remain available until expended. ###

(b)####

(1)A State with qualified applicants shall receive no less than one-half of 1 per centum of the sums appropriated under this title or the total of the amounts requested by such applicants, whichever is less. Those amounts available in each fiscal year under this paragraph shall be obligated before the end of that fiscal year. For the purposes of this paragraph the term “**State**” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Bureau of Indian Affairs and, taken together, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. ####

(2)Of those sums appropriated for the implementation of this title, not more than 5 percent may be reserved during each fiscal year for the administration of this title and for programs including (but not limited to) the following: #####

(A)The establishment of training centers for contractors, engineers, school employees, parents, and other personnel to provide instruction, in accordance with title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.), on asbestos assessment and abatement. #####

(B)The development and dissemination of abatement guidance documents to assist in evaluation of potential hazards and the determination of proper abatement programs. #####

(C)The development of rules and regulations regarding inspection, reporting, and recordkeeping. #####

(D)The development of a comprehensive testing and technical assistance program. ####

(3)Of those sums appropriated for any fiscal year for the implementation of this title, the Administrator may use not more than 5 percent to provide grants to States for the following purposes: #####

(A)Assisting local educational agencies in performing the periodic reinspections and training activities required under title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.). #####

(B)Establishing and maintaining programs to accredit personnel performing asbestos inspections and response actions. **[**Section 2303 of P.L. 100–297 (102 Stat. 324) repealed titles VI and VII of this Act**]** 9Section 5 of the Asbestos Hazard Emergency Response Act of 1986 (Public Law 99–519; 20 U.S.C. 4022) provides: SEC. 5. ASBESTOS TRUST FUND.

(a)Creation of Trust Fund.—There is established in the Treasury of the United States a trust fund to be known as the “Asbestos Trust Fund”, consisting of such amounts as may be transferred or credited to such Trust Fund as provided in this section.

(b)Transfers to Trust Fund.—

(1)Transfer.—There are hereby transferred to the Asbestos Trust Fund amounts equivalent to—

(A)amounts received in the Treasury on or after January 1, 1987, as repayments of loans made under section 505 of the Asbestos School Hazard Abatement Act of 1984 (Public Law 98–377; 20 U.S.C. 4011 et seq.),

(B)amounts received as deposits from local educational agencies under section 207(a) of the Toxic Substances Control Act (as added by section 2 of this Act), and

(C)amounts received as proceeds from any judgment recovered in any suit brought pursuant to section 508(a)(1) of the Asbestos School Hazard Abatement Act of 1984 (20 U.S.C. 4017(a)(1)).

(2)Monthly transfers.—The amounts transferred by paragraph

(1)shall be transferred at least monthly from the general fund of the Treasury to the Asbestos Trust Fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were more or less than the amounts required to be transferred.

(c)Management of Trust Fund.—

(1)Investment.—

(A)In general.—The Secretary of the Treasury shall invest such portion of the Asbestos Trust Fund as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States and may be acquired—

(i)on original issue at the issue price, or

(ii)by purchase of outstanding obligations at the market price.

(B)Sale of obligations.—Any obligation acquired by the Asbestos Trust Fund may be sold by the Secretary of the Treasury at the market price.

(C)Interest of certain proceeds.—The interest on, and the proceeds from the sale or redemption of, any obligations held in the Asbestos Trust Fund shall be credited to and form a part of the Trust Fund.

(2)**[**Repealed by section 1131(c) of Public Law 104–66 (109 Stat. 725).**]**

(d)Expenditures From Asbestos Trust Fund.—Amounts in the Asbestos Trust Fund shall be available, as provided by appropriation Acts, only for purposes of carrying out the Asbestos Hazards Abatement Assistance Program under section 505 of the Asbestos School Hazard Abatement Act of 1984.

(e)Authority To Borrow.—

(1)In general.—There are authorized to be appropriated to the Asbestos Trust Fund, as repayable advances, $25,000,000 for each of fiscal years 1987, 1988, 1989, and 1990.

(2)Repayment of advances.—

(A)In general.—Advances made under this subsection shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary determines that moneys are available for such purposes in the Asbestos Trust Fund.

(B)Rate of interest.—Interest on advances made under this subsection shall be at a rate determined by the Secretary (as of the close of the calendar month preceding the month in which the advance is made) to be equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding and shall be compounded annually.

(f)Effective Date.—The amendments made by this section shall take effect on January 1, 1986. # TITLE VIII THE EQUAL ACCESS ACT

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