 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
                  Part B--Additional General Provisions
 
Sec. 1011k. Recovery of payments


(a) Public benefit

    Congress declares that, if a facility constructed with the aid of a 
grant under part A of subchapter VII of this chapter as such part A was 
in effect prior to October 7, 1998, or part B of such subchapter as part 
B was in effect prior to July 23, 1992, is used as an academic facility 
for 20 years following completion of such construction, the public 
benefit accruing to the United States will equal in value the amount of 
the grant. The period of 20 years after completion of such construction 
shall therefore be deemed to be the period of Federal interest in such 
facility for the purposes of such subchapter as so in effect.

(b) Recovery upon cessation of public benefit

    If, within 20 years after completion of construction of an academic 
facility which has been constructed, in part with a grant under part A 
of subchapter VII of this chapter as such part A was in effect prior to 
October 7, 1998, or part B of subchapter VII of this chapter as such 
part B was in effect prior to July 23, 1992--
        (1) the applicant under such parts as so in effect (or the 
    applicant's successor in title or possession) ceases or fails to be 
    a public or nonprofit institution; or
        (2) the facility ceases to be used as an academic facility, or 
    the facility is used as a facility excluded from the term ``academic 
    facility'' (as such term was defined under subchapter VII of this 
    chapter, as so in effect), unless the Secretary determines that 
    there is good cause for releasing the institution from its 
    obligation,

the United States shall be entitled to recover from such applicant (or 
successor) an amount which bears to the value of the facility at that 
time (or so much thereof as constituted an approved project or projects) 
the same ratio as the amount of Federal grant bore to the cost of the 
facility financed with the aid of such grant. The value shall be 
determined by agreement of the parties or by action brought in the 
United States district court for the district in which such facility is 
situated.

(c) Prohibition on use for religion

    Notwithstanding the provisions of subsections (a) and (b) of this 
section, no project assisted with funds under subchapter VII of this 
chapter (as in effect prior to October 7, 1998) shall ever be used for 
religious worship or a sectarian activity or for a school or department 
of divinity.

(Pub. L. 89-329, title I, Sec. 122, as added Pub. L. 105-244, title I, 
Sec. 101(a), Oct. 7, 1998, 112 Stat. 1601.)

                       References in Text

    Subchapter VII of this chapter, referred to in text, was amended, 
effective Oct. 1, 1992, by Pub. L. 102-325, title VII, Secs. 703-707(a), 
July 23, 1992, 106 Stat. 738-753, by amending parts A to C generally, 
repealing part D, and redesignating former part E as D, and was further 
amended generally, effective Oct. 1, 1998, by Pub. L. 105-244, title 
VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1786, by substituting provisions 
relating to graduate and post-secondary improvement programs for former 
provisions relating to construction, reconstruction, and renovation of 
academic facilities.


                            Prior Provisions

    Provisions similar to this section were contained in section 1132i 
of this title prior to the general amendment of subchapter VII of this 
chapter by Pub. L. 105-244.
    A prior section 122 of Pub. L. 89-329, title I, as added Pub. L. 99-
498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1286, limited funds 
authorized to be appropriated and was classified to section 1016a of 
this title, prior to the general amendment of this subchapter by Pub. L. 
102-325.
    A prior section 1012, Pub. L. 89-329, title I, Sec. 112, as added 
Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1282, 
related to establishment of off-campus program grants, prior to the 
general amendment of this subchapter by Pub. L. 102-325.
    Another prior section 1012, Pub. L. 89-329, title I, Sec. 112, as 
added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat. 1377, 
provided for State allotments including percentage breakdown and cases 
of States not conducting comprehensive statewide planning, prior to the 
general amendment of this subchapter by Pub. L. 99-498.
    A prior section 1013, Pub. L. 89-329, title I, Sec. 113, as added 
Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1284, 
related to adult and continuing education staff development, prior to 
the general amendment of this subchapter by Pub. L. 102-325.
    Another prior section 1013, Pub. L. 89-329, title I, Sec. 113, as 
added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat. 1378; 
amended Pub. L. 97-300, title I, Sec. 183, Oct. 13, 1982, 96 Stat. 1357; 
Pub. L. 98-524, Sec. 4(c)(1), Oct. 19, 1984, 98 Stat. 2488, related to 
comprehensive statewide planning with respect to education outreach 
programs, prior to the general amendment of this subchapter by Pub. L. 
99-498.
    A prior section 1014, Pub. L. 89-329, title I, Sec. 114, as added 
Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1285, 
related to administration of programs by Secretary, prior to the general 
amendment of this subchapter by Pub. L. 102-325.
    Another prior section 1014, Pub. L. 89-329, title I, Sec. 114, as 
added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat. 1379; 
amended Pub. L. 97-300, title I, Sec. 183, Oct. 13, 1982, 96 Stat. 1357; 
Pub. L. 98-524, Sec. 4(c)(2), Oct. 19, 1984, 98 Stat. 2488, related to 
information services, prior to the general amendment of this subchapter 
by Pub. L. 99-498.
