1995 US Code
Title 20 - EDUCATION
CHAPTER 16 - PUBLIC LIBRARY SERVICES AND CONSTRUCTION
SUBCHAPTER II - PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT
Sec. 355b - Federal share

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§355b. Federal share (a) Payment; uses of Federal funds

Funds appropriated pursuant to paragraph (2) of section 351b(a) of this title shall be available for grants to States from allotments under section 351c(a) of this title for the purpose of paying the Federal share of the cost of construction and technology enhancement projects carried 1 under State plans. Such grants shall be used for the construction and technology enhancement (as defined in sections 351a(2) and 351a(19) of this title, respectively) of public libraries.

(b) Limit on Federal share

For the purposes of subsection (a) of this section, the Federal share of the cost of construction and technology enhancement of any project assisted under this subchapter shall not exceed one-half of the total cost of such project.

(c) Recovery of value of grant

If, within 20 years after completion of construction of any library facility which has been constructed in part with funds made available under this subchapter—

(1) the recipient (or its successor in title or possession) ceases or fails to be a public or nonprofit institution, or

(2) the facility ceases to be used as a library facility, 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 recipient (or successor) an amount which bears the same ratio to the value of the facility at that time (or part thereof constituting an approved project or projects) as the amount of the Federal grant bore to the cost of such facility (or part thereof). The value shall be determined by the parties or by action brought in the United States district court for the district in which the facility is located.

(June 19, 1956, ch. 407, title II, §202, as added Feb. 11, 1964, Pub. L. 88–269, §7(a), 78 Stat. 13; amended July 19, 1966, Pub. L. 89–511, §§7, 12(a), 80 Stat. 313, 318; Dec. 30, 1970, Pub. L. 91–600, §2(b), 84 Stat. 1668; Oct. 7, 1977, Pub. L. 95–123, §6, 91 Stat. 1097; Oct. 17, 1984, Pub. L. 98–480, title I, §112(a), (b)(1), 98 Stat. 2241; Mar. 15, 1990, Pub. L. 101–254, §16(c)(3), (4), 104 Stat. 106.)

Amendments

1990—Subsec. (a). Pub. L. 101–254, §16(c)(3), inserted “and technology enhancement” after “construction” in two places and substituted “(as defined in sections 351a(2) and 351a(19) of this title, respectively)” for “(as defined in section 351a(2) of this title)”.

Subsec. (b). Pub. L. 101–254, §16(c)(3), inserted “and technology enhancement” after “construction”.

1984—Subsec. (a). Pub. L. 98–480, §112(a), (b)(1), designated existing provisions as subsec. (a) and substituted provision that such grants shall be used for the construction (as defined in section 351a(2) of this title) of public libraries for provision that such grants were to be used solely for the construction of public libraries, for the remodeling of public libraries necessary to meet standards adopted pursuant to the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, and for remodeling designed to conserve energy in the operation of public libraries under approved State plans.

Subsecs. (b), (c). Pub. L. 98–480, §112(b)(1), added subsecs. (b) and (c).

1977—Pub. L. 95–123 inserted “, for the remodeling of public libraries necessary to meet standards adopted pursuant to the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, and for remodeling designed to conserve energy in the operation of public libraries” after “construction of public libraries”.

1970—Pub. L. 91–600 substituted provisions relating to purposes which funds granted to States could be used for, for provisions setting forth the amount of allotments authorized to be made by Commissioner to States, Guam, etc. See section 351c of this title.

1966—Pub. L. 89–511 made a State's allotment for any fiscal year available for payments with respect to administration during such year and next fiscal year of its approved State plan, struck out provisions limiting to the case of a State allotment for the fiscal year ending June 30, 1964, the availability of a State's allotment for construction projects for the fiscal year next after the year of the allotment, and provided for an allotment of ,000 to the Trust Territory of the Pacific Islands.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–254 effective Oct. 1, 1990, see section 25 of Pub. L. 101–254, set out as a note under section 351a of this title.

Effective Date of 1984 Amendment

Section 112(b)(2) of Pub. L. 98–480 provided that: “Subsection (c) of section 202 of the Act [this section] as added by the amendment made by paragraph (1) of this subsection shall apply to any facility constructed prior to or after the date of enactment of this Act [Oct. 17, 1984] with funds made available under title II of the Act [20 U.S.C. 355a et seq.].”

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–600 effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91–600, set out as a note under section 351 of this title.

Effective Date of 1966 Amendment

Amendment by section 7 of Pub. L. 89–511 effective with respect to fiscal years beginning after June 30, 1966, see section 11 of Pub. L. 89–511.

Amendment by section 12(a) of Pub. L. 89–511 effective with respect to fiscal years beginning after June 30, 1966, see section 12(c) of Pub. L. 89–511, set out as a note under section 353 of this title.

1 So in original. Probably should be followed by “out”.