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42 U.S.C. §§ 4151 et seq.
§ 4151. "Building" defined
As used in this chapter, the term "building" means any
building or facility (other than (A) a privately owned residential
structure not leased by the Government for subsidized housing programs
and (B) any building or facility on a military installation designed
and constructed primarily for use by able bodied military personnel)
the intended use for which either will require that such building
or facility be accessible to the public, or may result in the employment
or residence therein of physically handicapped persons, which building
or facility is--
(1) to be constructed or altered by or on behalf of the United
States;
(2) to be leased in whole or in part by the United States after
August 12, 1968;1
(3) to be financed in whole or in part by a grant or a loan made
by the United States after August 12, 1968, if such building or
facility is subject to standards for design, construction, or alteration
issued under authority of the law authorizing such grant or loan;
or
(4) to be constructed under authority of the National Capital Transportation
Act of 1960, the National Capital Transportation Act of 1965, or
title III of the Washington Metropolitan Area Transit Regulation
Compact.
§ 4152. Standards for design, construction,
and alteration of buildings; Administrator of General Services
The Administrator of General Services, in consultation with the
Secretary of Health and Human ervices, shall prescribe standards
for the design, construction, and alteration of buildings (other
than residential structures subject to this chapter and buildings,
structures, and facilities of the Department of Defense and of the
United States Postal Service subject to this chapter) to insure
whenever possible that physically handicapped persons will have
ready access to, and use of, such buildings.
§ 4153. Standards for design, construction,
and alteration of buildings; Secretary of Housing and Urban Development
The Secretary of Housing and Urban Development, in consultation
with the Secretary of Health and Human Services, shall prescribe
standards for the design, construction, and alteration of buildings
which are residential structures subject to this chapter to insure
whenever possible that physically handicapped persons will have
ready access to, and use of, such buildings.
§ 4154. Standards for design, construction,
and alteration of buildings; Secretary of Defense
The Secretary of Defense, in consultation with the Secretary of
Health and Human Services, shall prescribe standards for the design,
construction, and alteration of buildings, structures, and facilities
of the Department of Defense subject to this chapter to insure whenever
possible that physically handicapped persons will have ready access
to, and use of, such buildings.
§ 4154a. Standards for design, construction,
and alteration of buildings; United States Postal Service
The United States Postal Service, in consultation with the Secretary
of Health and Human Services, shall prescribe such standards for
the design, construction, and alteration of its buildings to insure
whenever possible that physically handicapped persons will have
ready access to, and use of, such buildings.
§ 4155. Effective date of standards
Every building designed, constructed, or altered after the effective
date of a standard issued under this chapter which is applicable
to such building, shall be designed, constructed, or altered in
accordance with such standard.
§ 4156. Waiver and modification of standards
The Administrator of General Services, with respect to standards
issued under section 4152 of this title, and the Secretary of Housing
and Urban Development, with respect to standards issued under section
4153 of this title, and the Secretary of Defense with respect to
standards issued under section 4154 of this title, and the United
States Postal Service with respect to standards issued under section
4154a of this title --
(1) is authorized to modify or waive any such standard, on a case-by-case
basis, upon application made by the head of the department, agency,
or instrumentality of the United States concerned, and upon a determination
by the Administrator or Secretary, as the case may be, that such
modification or waiver is clearly necessary, and
(2) shall establish a system of continuing surveys and investigations
to insure compliance with such standards.
§ 4157. Reports to Congress and Congressional
committees
(a) The Administrator of General Services shall report to Congress
during the first week of January of each year on his activities
and those of other departments, agencies, and instrumentalities
of the Federal Government under this chapter during the preceding
fiscal year including, but not limited to, standards issued, revised,
amended, or repealed under this chapter and all case-by-case modifications,
and waivers of such standards during such year.
(b) The Architectural and Transportation Barriers Compliance Board
established by section 792 of Title 29 shall report to Public Works
and Transportation Committee of the House of Representatives and
the Environment and Public Works Committee of the Senate during
the first week of January of each year on its activities and actions
to insure compliance with the standards prescribed under this chapter.
Notes
1A 1976 amendment deleted the following words from the end of paragraph
(2): "after construction or alteration in accordance with plans
and specifications of the United States." That amendment applied
to "every lease entered into on or after January 1, 1977, including
any renewal of a lease entered into before such a date which renewal
is on or after such date." (Pub. L. 94-541) |