20 U.S.C. § 1132a
Section 1132a · Purposes
Amended 3 times on record
The Secretary shall carry out programs of financial assistance to institutions of higher education and to higher education building agencies for the construction, reconstruction, or renovation of academic facilities and the acquisition and maintenance of special research and instructional instrumentation and equipment. In making such grants, the Secretary shall include assistance to enable institutions—
(1) to bring their facilities into conformity with the requirements of—
(A) Federal, State, and local laws requiring removal of barriers to full participation by individuals with disabilities;
(B) environmental protection or health and safety programs mandated by Federal, State, or local law, if such requirements were not in effect at the time such facilities were constructed; or
(C) hazardous waste disposal, treatment, and storage requirements mandated by the Resource Conservation and Recovery Act of 1976 [42 U.S.C. 6901 et seq.], or similar State statutes;
(2) to more efficiently use available energy resources, especially coal, solar power, and other renewable energy resources;
(3) to detect, remove, or otherwise contain asbestos hazards in academic and other facilities used by students, in accordance with regulations prescribed by the Secretary;
(4) to construct, reconstruct, or renovate the Nation's academic research and instructional instrumentation and facilities, including libraries (including renovation of libraries to promote the use of new technologies and preservation of library materials), and to acquire and maintain special research and instructional instrumentation and equipment;
(5) to provide facilities for advanced skill training programs that relate to emerging technologies and skill needs;
(6) with unusual increases in enrollment or with significant internal programmatic enrollment shifts (according to data and criteria established by the Secretary) to construct, reconstruct, or renovate their facilities; or
(7) to preserve significant architecture.
In the awarding of grants under part A or B of this subchapter, priority shall be given to projects involving the renovation of facilities.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Resource Conservation and Recovery Act of 1976, referred to in subsec. (a)(1)(C), is Pub. L. 94 580, Oct. 21, 1976, 90 Stat. 2796, as amended, which is classified generally to chapter 82 (§6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 6901 of Title 42 and Tables.
Prior Provisions
A prior section 1132a, Pub. L. 89 329, title VII, §701, as added Pub. L. 96 374, title VII, §701, Oct. 3, 1980, 94 Stat. 1472, related to purpose of programs of financial assistance to institutions of higher education and to higher education building agencies, prior to the general revision of this subchapter by Pub. L. 99 498.
Another prior section 1132a, Pub. L. 89 329, title VII, §701, as added Pub. L. 92 318, title I, §161(a), June 23, 1972, 86 Stat. 288; amended Pub. L. 94 482, title I, §§161(a), 162(a)(3), (b), Oct. 12, 1976, 90 Stat. 2156, 2157; Pub. L. 96 49, §8(a), Aug. 13, 1979, 93 Stat. 353, authorized appropriations for a program of grants for the construction, reconstruction, and renovation of undergraduate facilities, prior to the general revision of this subchapter by Pub. L. 96 374.
Amendments
1992—Subsec. (a). Pub. L. 102 325, §701(1), in introductory provisions, inserted a period after “instructional instrumentation and equipment” and substituted “In making such grants, the Secretary shall include assistance to enable institutions” for “if the primary purpose of such assistance is to enable such institutions”.
Subsec. (a)(1)(A) to (D). Pub. L. 102 325, §701(2), added subpar. (A), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpars. (A) and (B) which read as follows:
“(A) the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968;
“(B) section 794 of title 29;”.
Subsec. (a)(4). Pub. L. 102 325, §701(3), inserted “(including renovation of libraries to promote the use of new technologies and preservation of library materials)”.
1987—Subsec. (b). Pub. L. 100 50 inserted “part A or B of” after “grants under”.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102 325 effective Oct. 1, 1992, see section 2 of Pub. L. 102 325, set out as a note under section 1001 of this title.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100 50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99 498, see section 27 of Pub. L. 100 50, set out as a note under section 1001 of this title.
Study of Environmental Hazards in Institutions of Higher Education
Section 1409 of Pub. L. 102 325, as amended by Pub. L. 103 208, §2(k)(10), Dec. 20, 1993, 107 Stat. 2486, provided that:
“(a) Study Authorized.—The Secretary of Education, in cooperation with the Administrator of the Environmental Protection Agency, is authorized to conduct a study of the extent to which asbestos, lead in drinking water, or radon gas pose a threat to the health and safety of students and employees of institutions of higher education.
“(b) Survey Required.—Such study shall include a survey of a representative sample of institutions of higher education in order to assess how widespread such hazards are. A sufficient number of institutions shall be sampled and tested in order to provide reasonable estimates on—
“(1) the number of institutions which contain friable asbestos (as defined in section 202 of the Toxic Substances Control Act (15 U.S.C. 2642)) and how many students and employees may be exposed to unsafe levels of asbestos fibers,
“(2) the number of institutions that have rooms which contain more than 4 picocuries/liter of radon, and
“(3) the number of institutions which contain water fountains or faucets or water coolers which discharge water with more than 10 parts per billion of lead.
“(c) Consultation.—In designing and carrying out such study, the Secretary shall consult with associations representing institutions of higher education, faculty, and other employees.
“(d) Report on Study.—The Secretary of Education shall submit a report with the results of the assessment, including the information required by subsection (b), along with recommendations by the Secretary regarding what actions, if any, Congress and the Administration should take to ensure that environmental health hazards, if any, are eliminated. The report shall be presented to Congress not later than July 1, 1995.
“(e) Authorization of Appropriations.—There are authorized to be appropriated $3,000,000 in fiscal year 1994 for the purposes of carrying out this section.”