Page:United States Statutes at Large Volume 99 Part 1.djvu/423

 PUBLIC LAW 99-92—AUG. 16, 1985 with respect to which funds have been paid under subpart I of part A (as such subpart was in effect on September 30, 1985)— "(1) the owner of the facility ceases to be a public or nonprofit school, "(2) the facility ceases to be used for the training purposes for which it was constructed, or "(3) the facility is used for sectarian instruction or as a place for religious worship, the United States shall be entitled to recover from the owner of the facility the base amount prescribed by subsection (c)(1) plus the interest (if any) prescribed by subsection (cK2). "(b) The owner of a facility which ceases to be a public or nonprofit school as described in paragraph (1) of subsection (a), or the owner of a facility the use of which changes as described in paragraph (2) or (3) of such subsection shall provide the Secretary written notice of such cessation or change of use not later than 10 days after the date on which such cessation or change of use occurs. "(c)(1) The base amount that the United States is entitled to recover under subsection (a) is the amount bearing the same ratio to the then value (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district in which the facility is situated) of the facility as the amount of the Federal participation bore to the cost of the construction. "(2)(A) The interest that the United States is entitled to recover under subsection (a) is the interest for the period (if any) described in subparagraph (B) at a rate (determined by the Secretary) based on the average of the bond equivalent rates of 91-day Treasury bills auctioned during such period. "(B) The period referred to in subparagraph (A) is the period beginning— "(1) if notice is provided as prescribed by subsection (b), 191 days after the date on which the owner of the facility ceases to be a public or nonprofit school as described in paragraph (1) of subsection (a), or 191 days after the date on which the use of the facility changes as described in paragraph (2) or (3) of such subsection, or "(ii) if notice is not provided as prescribed by subsection (b), 11 days after the date on which such cessation or change of use occurs, and ending on the date the amount the United States is entitled to recover is collected. "(d) The Secretary may waive the recovery rights of the United States under subsection (a) with respect to a facility (under such conditions as the Secretary may establish by regulation) if the Secretary determines that there is good cause for waiving such rights. "(e) The right of recovery of the United States under subsection (a) shall not, prior to judgment, constitute a lien on any facility.". (2) In the case of any facility that was or is constructed on or before the date of enactment of this Act or within 180 days after the date of enactment of this Act, the period described in subsection (c)(2)(B)(i) of section 858 of the Public Health Service Act (as amended by paragraph (1) of this subsection) shall begin no earlier than 181 days after the date of enactment of this Act. (3) The amendments made by paragraph (1) of this subsection shall not adversely affect other legal rights of the United States,

99 STAT. 401 42 USC 296.

Schools and colleges.

42 USC 298b-5 note.

42 USC 298b-5 note.

�