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20 U.S.C. § 3607 — Recovery of costs by United States

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3607 — Recovery of costs by United States

**(a) Suit by United States on behalf of grant or loan recipient for recovery of costs of activities of recipient; proceeds of judgment** (1) As a condition of the award of any grant under [section 3604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3604&num=0&edition=prelim) or loan under [section 3605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim), 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 3604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3604&num=0&edition=prelim); (B) the amount outstanding on any loan made to the recipient under [section 3605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim); 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) Investigation and report by Attorney General respecting feasibility of recovery

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Stable record: federal_law:legal_authorities:record_usc_fb8e5fc518e740d2d274b995
Source file: Laws/federal/codes/united-states-code/title-20/section-3607-recovery-of-costs-by-united-states--23c5fd5d0a.md
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Source location: Title 20, Chapter 49, § 3607; chapter-049-asbestos-school-hazard-detection-and-control.md

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**(a) Suit by United States on behalf of grant or loan recipient for recovery of costs of activities of recipient; proceeds of judgment** (1) As a condition of the award of any grant under [section 3604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3604&num=0&edition=prelim) or loan under [section 3605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim), 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 3604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3604&num=0&edition=prelim); (B) the amount outstanding on any loan made to the recipient under [section 3605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim); 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) 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 June 14, 1980, the Attorney General shall submit to the Congress a report containing the results of the study, together with any appropriate recommendations. **(c) 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).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3604 — Asbestos hazards detection program

**(a) Grants to local and State educational agencies for Federal share; duration of granting authority; amount of Federal share** (1) (A) The Secretary may make grants to local educational agencies for the Federal share of the costs of carrying out an asbestos detection program meeting the standards established by the Secretary under [section 3606(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606/a/1&num=0&edition=prelim). Grants may be made under this section only during the two-year period beginning on June 14, 1980. (B) The Secretary may make grants to State educational agencies for the Federal share of the costs of carrying out any asbestos detection program if— (i) the State, through the State educational agency or some other appropriate State agency, is making grants to local educational agencies for asbestos hazard detection programs, and (ii) such programs meet the standards established by the Secretary under [section 3606(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606/a/1&num=0&edition=prelim). (C) Grants may be made under this section only during the two-year period beginning after June 14, 1980. (2) Subject to the second sentence of this paragraph, the Federal share of the costs referred to in paragraph (1) shall be 50 percent. Upon a determination by the Secretary that an applicant has limited fiscal resources and would be unable to participate in the program under this section without receiving from the Federal Government, as its Federal share of such costs, an amount greater than the amount permitted under the first sentence of this paragraph, the Secretary may increase the Federal share which may be paid to such applicant by such

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3605 — Asbestos Hazards Control Loan Program

**(a) Establishment; administration; loans to local educational agencies for share of project costs; proj­ect criteria; increase in amount of loans** (1) There is established within the Department of Education an Asbestos Hazards Control Loan Program (hereinafter in this chapter referred to as the “Loan Program”), which shall be administered by the Secretary in accordance with this section. (2) The Secretary may make loans under this section to local educational agencies in an amount equal to 50 percent of the costs of carrying out projects for— (A) the containment or removal of any materials containing asbestos in school buildings in which such materials pose an imminent hazard to the health and safety of children or employees; (B) the replacement of the asbestos materials removed from school buildings with other appropriate building materials; and (C) making repairs which the Secretary determines to be necessary to restore school buildings to conditions comparable to those existing before containment or removal activities were undertaken under subparagraph (A). Loans may be made under this section only for projects affecting more than 2,500 square feet of surface and in which the asbestos material to be contained or removed consists of a minimum asbestos level, as determined by the Secretary under [section 3606(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606/a/2&num=0&edition=prelim). (3) If the Secretary determines that an applicant has limited fiscal resources and would be unable to carry out the projects described in paragraph (2) without receiving a loan under this section for an amount greater than the amount permitted under such paragraph, the Secretary may increase the amount of the loan payabl

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3609 — Retained rights

Except as otherwise provided in [section 3607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3607&num=0&edition=prelim), nothing in this chapter shall— (1) affect the right of any party to seek legal redress in connection with the purchase or installation of asbestos materials in schools or any claim of disability or death related to exposure to asbestos in a school setting; or (2) affect the rights of any party under any other law.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3607 — Recovery of costs by United States

Page 1191 TITLE 20—EDUCATION § 3607 (ii) no child or school employee shall be permitted in the vicinity of any asbestos containment or removal activity; and (iii) the local educational agency shall pay employees engaged in containment, removal, or replacement activities to carry out pro- grams under this section at reasonable rates of pay, as established by the Secretary on the basis of prevailing wage rates in the lo- cation of such work. (2) The Secretary shall provide the Task Force with a copy of any application submitted to the Secretary under paragraph (1). (3) No loans may be made by the Secretary under this section for projects described in sub- section (a)(2) which commenced before the avail- ability of loans under the Loan Program unless the local educational agency submits to the Sec- retary an application which— (A) meets the requirements of paragraph (1); and (B) contains assurances that any work al- ready completed by the applicant has been carried out in substantial conformity with section 3606(b) of this title. No loan may be awarded under this section for any project described in subsection (a)(2) which was completed before January 1, 1976. (d) Reporting requirements for Secretary During each of the three calendar years after 1980, the Secretary shall submit before February 1 of such year a report to the appropriate com- mittees of the House of Representatives and the Senate, which shall— (1) describe the number of loans made in the preceding calendar year and specify each ap- plicant for and recipient of a loan; (2) describe the nature of the asbestos prob- lem of each applicant; (3) describe the types of programs for which loans were made; (4) specify the estimated total costs of such programs to the recipients of loans an

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