20 U.S.C. § 3609 — Retained rights

Page 1192 TITLE 20—EDUCATION § 3608 1 See References in Text note below. vailing interest rates (as determined by the Secretary). (b) Investigation and report by Attorney General respecting feasibility of recovery of costs from any person determined by Attorney General to be liable The Attorney General shall conduct an inves- tigation to determine whether, by using all available means, the United States should or could recover, from any person determined by the Attorney General to be liable for such costs, the amounts expended by the United States to carry out this chapter. Within one year after June 14, 1980, the Attorney General shall submit to the Congress a report containing the results of the study, together with any appropriate rec- ommendations. (c) Expeditious proceedings by Attorney General If the Attorney General determines in the re- port under subsection (b) that the United States should seek to recover the amounts expended by the United States to carry out this chapter, the Attorney General shall proceed in an expedi- tious manner to recover such amounts from the persons referred to in subsection (b). (Pub. L. 96–270, § 8, June 14, 1980, 94 Stat. 495.) § 3608. Employee protection No State or local educational agency receiving assistance under this chapter may discharge any employee or otherwise discriminate against any employee with respect to the employee’s com- pensation, 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. 96–270, § 9, June 14, 1980, 94 Stat. 496.) § 3609. Retained rights Except as otherwise provided in section 3607 of this title, nothing in this chapter 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. 96–270, § 10, June 14, 1980, 94 Stat. 496.) § 3610. Definitions For purposes of this chapter— (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 ‘‘imminent hazard to the health and safety’’ means, for purposes of section 3605 of this title, that an asbestos material is, ac- cording to standards established by the Sec- retary, friable or easily damaged, or within easy reach of students or otherwise suscep- tible to damage (including damage from water or air circulation) which could result in the dispersal of asbestos fibers into the school en- vironment; (4) the term ‘‘local educational agency’’ means— (A) any local educational agency as de- fined in section 198(a)(10) 1 of the Elementary and Secondary Education Act of 1965; (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 or secondary school (as defined in section 198(a)(7) 1 of the Ele- mentary and Secondary Education Act of 1965) owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any pri- vate shareholder or individual, and (B) any school of any agency of the United States; (6) the term ‘‘school buildings’’ means— (A) structures suitable for use as class- rooms, laboratories, libraries, school eating facilities, or facilities used for the prepara- tion of food; (B) any gymnasium or other facility which is specially designed for athletic or rec- reational activities for an academic course in physical education; (C) other facilities used for the instruction of students, for research, or for the adminis- tration of educational or research programs; and (D) maintenance, storage, or utility facili- ties essential to the operation of the facili- ties described in subparagraphs (A) through (C) of this paragraph; (7) the term ‘‘Secretary’’ means the Sec- retary of Education, or his designee; (8) the term ‘‘State’’ means each of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, Amer- ican Samoa, the Virgin Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Bureau of Indian Affairs, and the Office of Overseas Schools of the De- partment of Defense; and (9) the term ‘‘State educational agency’’ has the same meaning given such term by section 198(a)(17) 1 of the Elementary and Secondary Education Act of 1965. (Pub. L. 96–270, § 11, June 14, 1980, 94 Stat. 496.) Editorial Notes REFERENCES IN TEXT Section 198 of the Elementary and Secondary Edu- cation Act of 1965, referred to in pars. (4)(A), (5)(A), and (9), is section 198 of Pub. L. 89–10, title I, as added by Pub. L. 95–561, title I, § 101(a), Nov. 1, 1978, 92 Stat. 2198, which was classified to section 2854 of this title prior to the general amendment of Pub. L. 89–10 by Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 140. For definitions, see section 7801 of this title.