20 U.S.C. § 4017 — Recovery of costs

Page 1214 TITLE 20—EDUCATION § 4017 Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 4017. Recovery of costs (a) Loan condition (1) As a condition of the award of any financial assistance under section 4014 of this title, the re- cipient of any such loan or grant shall permit the United States to sue on behalf of such re- cipient any person determined by the Attorney General to be liable to the recipient for the costs of any activities undertaken by the recipi- ent under such section. (2) The proceeds from any judgment recovered in any suit brought by the United States under paragraph (1) (or, if the recipient files a similar suit on its own behalf, the proceeds from a judg- ment recovered by the recipient in such suit) shall be used to repay to the United States, by deposit in the Asbestos Trust Fund established by section 4022 of this title, to the extent that the proceeds are sufficient to provide for such repayment, an amount equal to the sum of— (A) the amount (i) outstanding on any loan and (ii) of any grant made to the recipient; and (B) an amount equal to the interest which would have been charged on such loan were the loan made by a commercial lender at pre- vailing interest rates (as determined by the Administrator). (b) Expeditious recovery The Attorney General shall, where appro- priate, proceed in an expeditious manner to re- cover the amounts expended by the United States to carry out this subchapter from the persons identified by the Attorney General as being liable for such costs. (Pub. L. 98–377, title V, § 508, Aug. 11, 1984, 98 Stat. 1293; Pub. L. 101–637, §§ 9, 14(a)(8), (b)(10), (11), (c)(5), Nov. 28, 1990, 104 Stat. 4592, 4594–4596.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–637, § 14(a)(8), inserted section catch- line. Subsec. (a). Pub. L. 101–637, § 14(b)(10), inserted head- ing. Subsec. (a)(1). Pub. L. 101–637, § 14(c)(5), substituted ‘‘section’’ for ‘‘sections’’ after ‘‘such’’. Subsec. (a)(2). Pub. L. 101–637, § 9, inserted ‘‘by deposit in the Asbestos Trust Fund established by section 4022 of this title,’’ after ‘‘repay to the United States,’’. Subsec. (b). Pub. L. 101–637, § 14(b)(11), inserted head- ing. § 4018. Employee protection No State or local educational agency receiving assistance under this subchapter may discharge any employee or otherwise discriminate against any employee with respect to the employee’s compensation, terms, conditions, or privileges of employment because the employee has brought to the attention of the public information con- cerning any asbestos problem in the school buildings within the jurisdiction of such agency. (Pub. L. 98–377, title V, § 509, Aug. 11, 1984, 98 Stat. 1294; Pub. L. 101–637, § 14(a)(9), Nov. 28, 1990, 104 Stat. 4594.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–637 inserted section catchline. § 4019. Affect on rights under other laws Except as otherwise provided in section 4017 of this title, nothing in this subchapter shall— (1) affect the right of any party to seek legal redress in connection with the purchase or in- stallation of asbestos materials in schools or any claim of disability or death related to ex- posure to asbestos in a school setting; or (2) affect the rights of any party under any other law. (Pub. L. 98–377, title V, § 510, Aug. 11, 1984, 98 Stat. 1294; Pub. L. 101–637, § 14(a)(10), Nov. 28, 1990, 104 Stat. 4594.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–637 inserted section catchline. § 4020. Definitions For purposes of this subchapter: (1) The term ‘‘asbestos’’ means— (A) chrysotile, amosite, or crocidolite; or (B) in fibrous form, tremolite, anthophyllite, or actinolite. (2) The term ‘‘Attorney General’’ means the Attorney General of the United States. (3) The term ‘‘threat’’ or ‘‘hazard’’ means that an asbestos material is friable or easily damaged, or within reach of students or em- ployees or otherwise susceptible to damage (including damage from water, vibration, or air circulation) which could result in the dis- persal of asbestos fibers into the school envi- ronment. (4) The term ‘‘local educational agency’’ means— (A) any local educational agency as de- fined in section 7801 of this title; and (B) the governing authority of any non- profit elementary or secondary school. (5) The term ‘‘nonprofit elementary or sec- ondary school’’ means— (A) any elementary school or secondary school as defined in section 7801 of this title owned and operated by one or more non- profit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and (B) any school of any agency of the United States. (6) The term ‘‘school buildings’’ means—