§ 3607. — Recovery of costs by United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC3607]
TITLE 20--EDUCATION
CHAPTER 49--ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL
Sec. 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 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.
(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;
(B) the amount outstanding on any loan made to the recipient
under section 3605 of this title; 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) of this section 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) of this section.
(Pub. L. 96-270, Sec. 8, June 14, 1980, 94 Stat. 495.)
Section Referred to in Other Sections
This section is referred to in section 3609 of this title.
