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ent 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 Secre
tary). (b) 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 Act. Within one year after the 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).
(20 U.S.C. 3607) Enacted June 14, 1980, P.L. 96—270, sec. 8, 94 Stat. 495.
SEC. 9. No State or local educational agency receiving assistance under this Act 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 concerning any asbestos problem in the school buildings within the jurisdiction of such agency.
(20 U.S.C. 3608) Enacted June 14, 1980, P.L. 96-270, sec. 9, 94 Stat. 496.
SEC. 10. Except as otherwise provided in section 8, nothing in this Act shall
(1) affect the right of any party to seek legal redress in connection with the purchasing 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.
SEC. 11. For purposes of this Act(1) the term “asbestos” means
(A) chrysotile, amosite, or crocidolite; or
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(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 6, that an asbestos material is, according to standards established by the Secretary, friable or easily damaged, or within easy reach of students or otherwise susceptible to damage (including damage from water or air circulation) which could result in the dispersal of asbestos fibers into the school environment; (4) the term “local educational agency” means
(A) any local educational agency as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965; and
(B) the governing authority of any nonprofit elementary or secondary school; (5) the term "nonprofit elementary or secondary school" means
(A) any elementary or secondary school (as defined in section 198(a)(7) of the Elementary 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 private 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 classrooms, laboratories, libraries, school eating facilities, or facilities used for the preparation of food;
(B) any gymnasium or other facility which is specially de signed for athletic or recreational activities for an academic course in physical education;
(C) other facilities used for the instruction of students, for research, or for the administration of educational or research programs; and
(D) maintenance, storage, or utility facilities essential to the operation of the facilities described in subparagraphs (A)
through (C) of this paragraph; (7) the term “Secretary" means the Secretary of Education, or his designee;
(8) the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American 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 Department of Defense; and
(9) the term “State educational agency” has the same meaning given such term by section 198(a)(17) of the Elementary and Secondary Education Act of 1965.
(20 U.S.C. 3610) Enacted June 14, 1980, P.L. 96,270, sec. 11, 94 Stat. 496, 497.
AUTHORIZATION OF APPROPRIATIONS
(A) for the asbestos detection program under section 5, for the fiscal year ending September 30, 1981, and for the succeeding fiscal year, a total of not more than $22,500,000; and
(B) for the asbestos hazards control loan program under section 6, not more than $75,000,000 for the fiscal year ending September 30, 1981, and $75,000,000 for the fiscal year ending September 30, 1982. (2) Sums appropriated under paragraph (1) of this subsection shall remain available for obligation until September 30, 1983.
(b) Programs under this Act shall be considered automatically eligible for the one-year contingent extension under section 414 of the General Education Provisions Act.
(c) If funds appropriated to carry out this Act are insufficient to pay the total amount required to make all the grants and loans authorized under this Act, the Secretary shall establish criteria to be used in determining which applicants for grants or loans under this Act have the greatest financial need for receiving funds under this Act and shall make determinations regarding the approval of applications for such grants or loans in accordance with such criteria.
(d) Notwithstanding any other provision of this Act, the authority of the Secretary to enter into agreements, or to make payments, under this Act shall be effective for any fiscal year only to the extent or in such amounts as are provided in appropriation Acts. (20 U.S.C. 3611) Enacted June 14, 1980, P.L. 96,270, sec. 12, 94 Stat. 497.
PART II—PUBLIC LIBRARIES, EDUCATIONAL TELEVISION
The Library Services and Construction Act 1
(Public Law 597, 84th Congress)
AN ACT To promote the further development of public library services.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Library Services and Construction Act”.
DECLARATION OF POLICY
SEC. 2. (a) It is the purpose of this Act to assist the States in the extension and improvement of public library services in areas of the States which are without such services or in which such seryices are inadequate, and with public library construction, and in the improvement of such other State library services as library services for physically handicapped, institutionalized, and disadvantaged persons, in strengthening State library administrative agencies, in promoting interlibrary cooperation among all types of libraries, and in strengthening major urban resource libraries, in promoting interlibrary cooperation among all types of libraries.
(b) Nothing in this Act shall be construed to interfere with State and local initiative and responsibility in the conduct of library services. The administration of libraries, the selection of personnel and library books and materials, and, insofar as consistent with the purposes of this Act, the determination of the best uses of the funds provided under this Act shall be reserved to the States and their local subdivisions.
(20 U.S.C. 351) Enacted Dec. 30, 1970, P.L. 91-600, sec. 2(b), 84 Stat. 1660; amended Oct. 7, 1977, P.L. 95–123, sec. 4(a), 91 Stat. 1095.
SEC. 3. The following definitions shall apply to this Act:
(2) "Construction" includes construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects' fees and the cost of acquistion of land). For the purposes of this paragraph, the term 'equipment” includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them; and
1 Sec. 519 of P.L. 93-380 provides as follows:
"Sec. 519. (a) There is established, in the Office of Education, an Office of Libraries and Learning Resources (hereafter in this section referred to as the “Office”), through which the Commissioner shall administer all programs in the Office of Education related to assistance for, and encouragement of, libraries and information centers and education technology.
"(b) The Office shall be headed by a Director, to whom the Commissioner shall delegate his delegable functions with respect to the programs administered through the Office.”