Title 20 — Education
Chapter 49 — Asbestos School Hazard Detection and Control
§ 3607. Recovery of costs by United States
Statutory text
Suit by United States on behalf of grant or loan recipient for recovery of costs of activities of recipient; proceeds of judgment
As a condition of the award of any grant under section 3604 of this title or loan under section 3605 of this title, the recipient of any such grant or loan shall permit the United States to sue on behalf of such recipient any person determined by the Attorney General to be liable to the recipient for the costs of any activities undertaken by the recipient under such sections.
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 any judgment recovered by the recipient in such suit) shall be used to repay to the United States, to the extent that the proceeds are sufficient to provide for such repayment, an amount equal to the sum of—
the amount of any grant made to the recipient under section 3604 of this title;
the amount outstanding on any loan made to the recipient under section 3605 of this title; and
an amount equal to the interest which would have been charged on such loan were the loan made by a commercial lender at prevailing interest rates (as determined by the Secretary).
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 investigation 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 , the Attorney General shall submit to the Congress a report containing the results of the study, together with any appropriate recommendations.
Expeditious proceedings by Attorney General
If the Attorney General determines in the report 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 expeditious manner to recover such amounts from the persons referred to in subsection (b).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Asbestos School Hazard Detection and Control Act of 1980
Pub. L. 96–270 § 8 · 94 Stat. 487
Enacted · 20 U.S.C. § 3607
(Pub. L. 96–270, § 8, June 14, 1980, 94 Stat. 495.)
Source evidence
Code source credit
(Pub. L. 96–270, § 8, June 14, 1980, 94 Stat. 495.)Enacted provision · exact public law section
Sec. 8. recovery of costs by the united states (a) (1) As a condition of the award of any grant under section 20 USC 3607. 5 or loan under section 6, the recipient of any such grant or loan shall permit the United States to sue on behalf of such recipient any person determined by the Attorney General to be liable to the recipient for the costs of any activities undertaken by the recipient under such sections. (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 any judgment recovered by the recipient in such suit) shall be used to repay to the United States, to the extent that the proceeds are sufficient to provide for such repayment, an amount equal to the sum of— (A) the amount of any grant made to the recipient under section 5; (B) the amount outstanding on any loan made to the recipient under section 6; and (C) an amount equal to the interest which would have been charged on such loan were the loan made by a commercial lender at prevailing interest rates (as determined by the Secretary). (b) The Attorney General shall conduct an investigation to determine Investigation by Attorney General. 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 Act. Within one year after the Report to Congress. effective date of this Act, the Attorney General shall submit to the Congress a report containing the results of the study, together with any appropriate recommendations. (c) If the Attorney General determines in the report under subsection (b) that the United States should seek to recover the amounts expended by the United States to carry out this Act, the Attorney General shall proceed in an expeditious manner to recover such amounts from the persons referred to in subsection (b).
1 of 1 references resolved to an enrolled provision