20 U.S.C. § 1401 — Definitions

Page 931 TITLE 20—EDUCATION § 1401 ‘‘(2) compel States to change terminology in State laws for individuals covered by a provision amended by this Act.’’ TRANSITION Pub. L. 108–446, title III, § 303, Dec. 3, 2004, 118 Stat. 2803, provided that: ‘‘(a) ORDERLY TRANSITION.— ‘‘(1) IN GENERAL.—The Secretary of Education (in this section referred to as ‘the Secretary’) shall take such steps as are necessary to provide for the orderly transition from the Individuals with Disabilities Edu- cation Act [this chapter], as such Act was in effect on the day preceding the date of enactment of this Act [Dec. 3, 2004], to the Individuals with Disabilities Education Act [this chapter] and part E of the Edu- cation Sciences Reform Act of 2002 [20 U.S.C. 9567 et seq.], as amended by this Act. ‘‘(2) LIMITATION.—The Secretary’s authority in paragraph (1) shall terminate 1 year after the date of enactment of this Act. ‘‘(b) MULTI-YEAR AWARDS.—Notwithstanding any other provision of law, the Secretary may use funds ap- propriated under part D of the Individuals with Disabil- ities Education Act [subchapter IV of this chapter] to make continuation awards for projects that were fund- ed under section 618 [20 U.S.C. 1418], and part D, of the Individuals with Disabilities Education Act (as such section and part were in effect on September 30, 2004), in accordance with the terms of the original awards. ‘‘(c) RESEARCH.—Notwithstanding section 302(b) [set out as a note above] or any other provision of law, the Secretary may award funds that are appropriated under the Department of Education Appropriations Act, 2005 [Pub. L. 108–447, div. F, title III, 118 Stat. 3142, see Ta- bles for classification] for special education research under either of the headings ‘SPECIAL EDUCATION’ or ‘INSTITUTE OF EDUCATION SCIENCES’ in accordance with sections 672 and 674 of the Individuals with Disabilities Education Act [20 U.S.C. 1472, 1474], as such sections were in effect on October 1, 2004.’’ REFERENCES TO EDUCATION OF THE HANDICAPPED ACT Pub. L. 101–476, title IX, § 901(a)(3), Oct. 30, 1990, 104 Stat. 1142, provided that: ‘‘Any other Act and any regu- lation which refers to the Education of the Handi- capped Act shall be considered to refer to the Individ- uals with Disabilities Education Act.’’ DEFINITIONS Pub. L. 111–256, § 2(k), Oct. 5, 2010, 124 Stat. 2644, pro- vided that: ‘‘For purposes of each provision amended by this section [amending this section, sections 1140, 1401, and 7512 of this title, sections 705, 764, and 791 of Title 29, Labor, and sections 217a–1, 247b–4, 285g, 285g–2, 291k, 294c, and 300d–52 of Title 42, The Public Health and Wel- fare, and amending provisions set out as notes under sections 280f, 285g, 300b–1, and 2000ff of Title 42]— ‘‘(1) a reference to ‘an intellectual disability’ shall mean a condition previously referred to as ‘mental retardation’, or a variation of this term, and shall have the same meaning with respect to programs, or qualifications for programs, for individuals with such a condition; and ‘‘(2) a reference to individuals with intellectual dis- abilities shall mean individuals who were previously referred to as individuals who are ‘individuals with mental retardation’ or ‘the mentally retarded’, or variations of those terms.’’ § 1401. Definitions Except as otherwise provided, in this chapter: (1) Assistive technology device (A) In general The term ‘‘assistive technology device’’ means any item, piece of equipment, or product system, whether acquired commer- cially off the shelf, modified, or customized, that is used to increase, maintain, or im- prove functional capabilities of a child with a disability. (B) Exception The term does not include a medical de- vice that is surgically implanted, or the re- placement of such device. (2) Assistive technology service The term ‘‘assistive technology service’’ means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environ- ment; (B) purchasing, leasing, or otherwise pro- viding for the acquisition of assistive tech- nology devices by such child; (C) selecting, designing, fitting, custom- izing, adapting, applying, maintaining, re- pairing, or replacing assistive technology de- vices; (D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (E) training or technical assistance for such child, or, where appropriate, the family of such child; and (F) training or technical assistance for professionals (including individuals pro- viding education and rehabilitation serv- ices), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life func- tions of such child. (3) Child with a disability (A) In general The term ‘‘child with a disability’’ means a child— (i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impair- ments (including blindness), serious emo- tional disturbance (referred to in this chapter as ‘‘emotional disturbance’’), or- thopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason thereof, needs special education and related services. (B) Child aged 3 through 9 The term ‘‘child with a disability’’ for a child aged 3 through 9 (or any subset of that age range, including ages 3 through 5), may, at the discretion of the State and the local educational agency, include a child— (i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in 1 or more of the following areas: physical development; cognitive de- velopment; communication development; social or emotional development; or adapt- ive development; and Page 932 TITLE 20—EDUCATION § 1401 (ii) who, by reason thereof, needs special education and related services. (4) Repealed. Pub. L. 114–95, title IX, § 9215(ss)(1)(A), Dec. 10, 2015, 129 Stat. 2181 (5) Educational service agency The term ‘‘educational service agency’’— (A) means a regional public multiservice agency— (i) authorized by State law to develop, manage, and provide services or programs to local educational agencies; and (ii) recognized as an administrative agency for purposes of the provision of spe- cial education and related services pro- vided within public elementary schools and secondary schools of the State; and (B) includes any other public institution or agency having administrative control and direction over a public elementary school or secondary school. (6) Elementary school The term ‘‘elementary school’’ means a non- profit institutional day or residential school, including a public elementary charter school, that provides elementary education, as deter- mined under State law. (7) Equipment The term ‘‘equipment’’ includes— (A) machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house such machinery, utili- ties, or equipment; and (B) all other items necessary for the func- tioning of a particular facility as a facility for the provision of educational services, in- cluding items such as instructional equip- ment and necessary furniture; printed, pub- lished, and audio-visual instructional mate- rials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other re- lated materials. (8) Excess costs The term ‘‘excess costs’’ means those costs that are in excess of the average annual per- student expenditure in a local educational agency during the preceding school year for an elementary school or secondary school stu- dent, as may be appropriate, and which shall be computed after deducting— (A) amounts received— (i) under subchapter II; (ii) under part A of title I of the Elemen- tary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.]; and (iii) under part A of title III of that Act [20 U.S.C. 6811 et seq.]; and (B) any State or local funds expended for programs that would qualify for assistance under any of those parts. (9) Free appropriate public education The term ‘‘free appropriate public edu- cation’’ means special education and related services that— (A) have been provided at public expense, under public supervision and direction, and without charge; (B) meet the standards of the State edu- cational agency; (C) include an appropriate preschool, ele- mentary school, or secondary school edu- cation in the State involved; and (D) are provided in conformity with the in- dividualized education program required under section 1414(d) of this title. (10) Repealed. Pub. L. 114–95, title IX, § 9214(d)(1), Dec. 10, 2015, 129 Stat. 2164 (11) Homeless children The term ‘‘homeless children’’ has the mean- ing given the term ‘‘homeless children and youths’’ in section 11434a of title 42. (12) Indian The term ‘‘Indian’’ means an individual who is a member of an Indian tribe. (13) Indian tribe The term ‘‘Indian tribe’’ means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)). (14) Individualized education program; IEP The term ‘‘individualized education pro- gram’’ or ‘‘IEP’’ means a written statement for each child with a disability that is devel- oped, reviewed, and revised in accordance with section 1414(d) of this title. (15) Individualized family service plan The term ‘‘individualized family service plan’’ has the meaning given the term in sec- tion 1436 of this title. (16) Infant or toddler with a disability The term ‘‘infant or toddler with a dis- ability’’ has the meaning given the term in section 1432 of this title. (17) Institution of higher education The term ‘‘institution of higher edu- cation’’— (A) has the meaning given the term in sec- tion 1001 of this title; and (B) also includes any college or university receiving funding from the Secretary of the Interior under the Tribally Controlled Col- leges and Universities Assistance Act of 1978 [25 U.S.C. 1801 et seq.]. (18) Limited English proficient The term ‘‘limited English proficient’’ has the meaning given the term ‘‘English learner’’ in section 8101 of the Elementary and Sec- ondary Education Act of 1965 [20 U.S.C. 7801]. (19) Local educational agency (A) In general The term ‘‘local educational agency’’ means a public board of education or other public authority legally constituted within a State for either administrative control or di- rection of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a Page 933 TITLE 20—EDUCATION § 1401 State, or for such combination of school dis- tricts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools. (B) Educational service agencies and other public institutions or agencies The term includes— (i) an educational service agency; and (ii) any other public institution or agen- cy having administrative control and di- rection of a public elementary school or secondary school. (C) BIA funded schools The term includes an elementary school or secondary school funded by the Bureau of In- dian Affairs, but only to the extent that such inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a stu- dent population that is smaller than the stu- dent population of the local educational agency receiving assistance under this chap- ter with the smallest student population, ex- cept that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Af- fairs. (20) Native language The term ‘‘native language’’, when used with respect to an individual who is limited English proficient, means the language normally used by the individual or, in the case of a child, the language normally used by the parents of the child. (21) Nonprofit The term ‘‘nonprofit’’, as applied to a school, agency, organization, or institution, means a school, agency, organization, or institution owned and operated by 1 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 share- holder or individual. (22) Outlying area The term ‘‘outlying area’’ means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the North- ern Mariana Islands. (23) Parent The term ‘‘parent’’ means— (A) a natural, adoptive, or foster parent of a child (unless a foster parent is prohibited by State law from serving as a parent); (B) a guardian (but not the State if the child is a ward of the State); (C) an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s wel- fare; or (D) except as used in sections 1415(b)(2) and 1439(a)(5) of this title, an individual assigned under either of those sections to be a surro- gate parent. (24) Parent organization The term ‘‘parent organization’’ has the meaning given the term in section 1471(g) of this title. (25) Parent training and information center The term ‘‘parent training and information center’’ means a center assisted under section 1471 or 1472 of this title. (26) Related services (A) In general The term ‘‘related services’’ means trans- portation, and such developmental, correc- tive, and other supportive services (includ- ing speech-language pathology and audi- ology services, interpreting services, psycho- logical services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appro- priate public education as described in the individualized education program of the child, counseling services, including reha- bilitation counseling, orientation and mobil- ity services, and medical services, except that such medical services shall be for diag- nostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and in- cludes the early identification and assess- ment of disabling conditions in children. (B) Exception The term does not include a medical de- vice that is surgically implanted, or the re- placement of such device. (27) Secondary school The term ‘‘secondary school’’ means a non- profit institutional day or residential school, including a public secondary charter school, that provides secondary education, as deter- mined under State law, except that it does not include any education beyond grade 12. (28) Secretary The term ‘‘Secretary’’ means the Secretary of Education. (29) Special education The term ‘‘special education’’ means spe- cially designed instruction, at no cost to par- ents, to meet the unique needs of a child with a disability, including— (A) instruction conducted in the class- room, in the home, in hospitals and institu- tions, and in other settings; and (B) instruction in physical education. (30) Specific learning disability (A) In general The term ‘‘specific learning disability’’ means a disorder in 1 or more of the basic psychological processes involved in under- standing or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. (B) Disorders included Such term includes such conditions as per- ceptual disabilities, brain injury, minimal Page 934 TITLE 20—EDUCATION § 1401 brain dysfunction, dyslexia, and develop- mental aphasia. (C) Disorders not included Such term does not include a learning problem that is primarily the result of vis- ual, hearing, or motor disabilities, of intel- lectual disabilities, of emotional disturb- ance, or of environmental, cultural, or eco- nomic disadvantage. (31) State The term ‘‘State’’ means each of the 50 States, the District of Columbia, the Common- wealth of Puerto Rico, and each of the out- lying areas. (32) State educational agency The term ‘‘State educational agency’’ means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such offi- cer or agency, an officer or agency designated by the Governor or by State law. (33) Supplementary aids and services The term ‘‘supplementary aids and services’’ means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with section 1412(a)(5) of this title. (34) Transition services The term ‘‘transition services’’ means a co- ordinated set of activities for a child with a disability that— (A) is designed to be within a results-ori- ented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary edu- cation, vocational education, integrated em- ployment (including supported employ- ment), continuing and adult education, adult services, independent living, or com- munity participation; (B) is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and (C) includes instruction, related services, community experiences, the development of employment and other post-school adult liv- ing objectives, and, when appropriate, acqui- sition of daily living skills and functional vocational evaluation. (35) Universal design The term ‘‘universal design’’ has the mean- ing given the term in section 3002 of title 29. (36) Ward of the State (A) In general The term ‘‘ward of the State’’ means a child who, as determined by the State where the child resides, is a foster child, is a ward of the State, or is in the custody of a public child welfare agency. (B) Exception The term does not include a foster child who has a foster parent who meets the defi- nition of a parent in paragraph (23). (Pub. L. 91–230, title VI, § 602, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2652; amended Pub. L. 110–315, title IX, § 941(k)(2)(C), Aug. 14, 2008, 122 Stat. 3466; Pub. L. 111–256, § 2(b)(2), Oct. 5, 2010, 124 Stat. 2643; Pub. L. 114–95, title IX, §§ 9214(d)(1), 9215(ss)(1), Dec. 10, 2015, 129 Stat. 2164, 2181.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in par. (8)(A)(ii), (iii), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of sub- chapter I of chapter 70 of this title. Part A of title III of the Act is classified generally to part A (§ 6811 et seq.) of subchapter III of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in par. (13), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Tribally Controlled Colleges and Universities As- sistance Act of 1978, referred to in par. (17)(B), is Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, which is classified principally to chapter 20 (§ 1801 et seq.) of Title 25, Indi- ans. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables. PRIOR PROVISIONS A prior section 1401, Pub. L. 91–230, title VI, § 602, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 42; amended Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828, related to definitions of terms used in this chapter, prior to the general amendment of sub- chapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1401, Pub. L. 91–230, title VI, § 602, Apr. 13, 1970, 84 Stat. 175; Pub. L. 94–142, § 4(a), Nov. 29, 1975, 89 Stat. 775; Pub. L. 98–199, §§ 2, 3(b), Dec. 2, 1983, 97 Stat. 1357, 1358; Pub. L. 99–457, title IV, § 402, Oct. 8, 1986, 100 Stat. 1172; Pub. L. 100–630, title I, § 101(a), Nov. 7, 1988, 102 Stat. 3289; Pub. L. 101–476, title I, § 101, title IX, § 901(b)(10)–(20), Oct. 30, 1990, 104 Stat. 1103, 1142, 1143; Pub. L. 102–73, title VIII, § 802(d)(1), July 25, 1991, 105 Stat. 361; Pub. L. 102–119, §§ 3, 25(a)(1), (b), Oct. 7, 1991, 105 Stat. 587, 605, 607; Pub. L. 103–382, title III, § 391(f)(1), Oct. 20, 1994, 108 Stat. 4023, related to defi- nitions of terms used in this chapter, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 105–17. AMENDMENTS 2015—Par. (4). Pub. L. 114–95, § 9215(ss)(1)(A), struck out par. (4). Text read as follows: ‘‘The term ‘core aca- demic subjects’ has the meaning given the term in sec- tion 9101 of the Elementary and Secondary Education Act of 1965.’’ Par. (8)(A)(iii). Pub. L. 114–95, § 9215(ss)(1)(B), which directed substitution of ‘‘under part A of title III of that Act’’ for ‘‘under parts A and B of title III of that Act’’ in ‘‘paragraph (8)(a)(3)’’, was executed to par. (8)(A)(iii) to reflect the probable intent of Congress. Par. (10). Pub. L. 114–95, § 9214(d)(1), struck out par. (10) which related to definition of highly qualified. Par. (18). Pub. L. 114–95, § 9215(ss)(1)(C), added par. (18) and struck out former par. (18). Prior to amendment, text read as follows: ‘‘The term ‘limited English pro- Page 935 TITLE 20—EDUCATION § 1404 ficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.’’ 2010—Par. (3)(A)(i). Pub. L. 111–256, § 2(b)(2)(A), sub- stituted ‘‘with intellectual disabilities’’ for ‘‘with men- tal retardation’’. Par. (30)(C). Pub. L. 111–256, § 2(b)(2)(B), substituted ‘‘of intellectual disabilities’’ for ‘‘of mental retarda- tion’’. 2008—Par. (17)(B). Pub. L. 110–315 substituted ‘‘college or university’’ for ‘‘community college’’ and ‘‘the Trib- ally Controlled Colleges and Universities Assistance Act of 1978’’ for ‘‘the Tribally Controlled College or University Assistance Act of 1978’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE Section effective July 1, 2005, see section 302(a) of Pub. L. 108–446, set out as a note under section 1400 of this title. DEFINITIONS For meaning of references to an intellectual dis- ability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111–256, see section 2(k) of Pub. L. 111–256, set out as a note under section 1400 of this title. § 1402. Office of Special Education Programs (a) Establishment There shall be, within the Office of Special Education and Rehabilitative Services in the Department of Education, an Office of Special Education Programs, which shall be the prin- cipal agency in the Department for admin- istering and carrying out this chapter and other programs and activities concerning the edu- cation of children with disabilities. (b) Director The Office established under subsection (a) shall be headed by a Director who shall be se- lected by the Secretary and shall report directly to the Assistant Secretary for Special Education and Rehabilitative Services. (c) Voluntary and uncompensated services Notwithstanding section 1342 of title 31, the Secretary is authorized to accept voluntary and uncompensated services in furtherance of the purposes of this chapter. (Pub. L. 91–230, title VI, § 603, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.) Editorial Notes PRIOR PROVISIONS A prior section 1402, Pub. L. 91–230, title VI, § 603, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 46, related to the Office of Special Education Programs, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1402, Pub. L. 91–230, title VI, § 603, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93–380, title VI, § 612(a), Aug. 21, 1974, 88 Stat. 579; Pub. L. 98–199, § 3(a), Dec. 2, 1983, 97 Stat. 1357; Pub. L. 101–476, title IX, § 901(b)(21), Oct. 30, 1990, 104 Stat. 1143; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to the Office of Special Education Programs, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1403. Abrogation of State sovereign immunity (a) In general A State shall not be immune under the 11th amendment to the Constitution of the United States from suit in Federal court for a violation of this chapter. (b) Remedies In a suit against a State for a violation of this chapter, remedies (including remedies both at law and in equity) are available for such a viola- tion to the same extent as those remedies are available for such a violation in the suit against any public entity other than a State. (c) Effective date Subsections (a) and (b) apply with respect to violations that occur in whole or part after Oc- tober 30, 1990. (Pub. L. 91–230, title VI, § 604, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.) Editorial Notes PRIOR PROVISIONS A prior section 1403, Pub. L. 91–230, title VI, § 604, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 47, related to abrogation of State sovereign immunity, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1403, Pub. L. 91–230, title VI, § 604, as added Pub. L. 101–476, title I, § 103, Oct. 30, 1990, 104 Stat. 1106, related to abrogation of State sovereign immunity, prior to the general amendment of sub- chapters I to IV of this chapter by Pub. L. 105–17. Another prior section 1403, Pub. L. 91–230, title VI, § 604, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93–380, title VI, § 613, Aug. 21, 1974, 88 Stat. 580; Pub. L. 94–273, §§ 3(14), 13(2), Apr. 21, 1976, 90 Stat. 376, 378; Pub. L. 98–199, § 4, Dec. 2, 1983, 97 Stat. 1358, established the National Advi- sory Committee on the Education of Handicapped Chil- dren and Youth, prior to repeal by Pub. L. 99–457, title IV, § 407, Oct. 8, 1986, 100 Stat. 1177. § 1404. Acquisition of equipment; construction or alteration of facilities (a) In general If the Secretary determines that a program authorized under this chapter will be improved by permitting program funds to be used to ac- quire appropriate equipment, or to construct new facilities or alter existing facilities, the Secretary is authorized to allow the use of those funds for those purposes. (b) Compliance with certain regulations Any construction of new facilities or alter- ation of existing facilities under subsection (a) shall comply with the requirements of— (1) appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the ‘‘Americans with Disabilities Accessibility Guidelines for Buildings and Facilities’’); or (2) appendix A of subpart 101–19.6 of title 41, Code of Federal Regulations (commonly known as the ‘‘Uniform Federal Accessibility Standards’’). (Pub. L. 91–230, title VI, § 605, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)