-CITE-
    42 USC CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC
           BUILDINGS TO ACCOMMODATE PHYSICALLY
           HANDICAPPED                                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO
                  ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-
        CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO
                    ACCOMMODATE PHYSICALLY HANDICAPPED

-MISC1-
    Sec.                                                     
    4151.       "Building" defined.                                   
    4152.       Standards for design, construction, and alteration of
                 buildings; Administrator of General Services.        
    4153.       Standards for design, construction, and alteration of
                 buildings; Secretary of Housing and Urban
                 Development.                                         
    4154.       Standards for design, construction, and alteration of
                 buildings; Secretary of Defense.                     
    4154a.      Standards for design, construction, and alteration of
                 buildings; United States Postal Service.             
    4155.       Effective date of standards.                          
    4156.       Waiver and modification of standards.                 
    4157.       Omitted.                                              

-End-



-CITE-
    42 USC Sec. 4151                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO
                  ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-
    Sec. 4151. "Building" defined

-STATUTE-
      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;
        (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.

-SOURCE-
    (Pub. L. 90-480, Sec. 1, Aug. 12, 1968, 82 Stat. 718; Pub. L. 91-
    205, Mar. 5, 1970, 84 Stat. 49; Pub. L. 94-541, title II, Sec.
    201(1), Oct. 18, 1976, 90 Stat. 2507.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Capital Transportation Act of 1960, referred to in
    par. (4), is Pub. L. 86-669, July 14, 1960, 74 Stat. 537, which
    enacted sections 651, 652, 661 to 665, and 671 of former Title 40,
    Public Buildings, Property, and Works, and enacted provisions set
    out as notes under section 651 of former Title 40 and which was
    repealed by Pub. L. 91-143, Sec. 8(a)(1), Dec. 9, 1969, 83 Stat.
    322.
      The National Capital Transportation Act of 1965, referred to in
    par. (4), is Pub. L. 89-173, Sept. 8, 1965, 79 Stat. 663, as
    amended. Section 1 of the Act, which was classified to a note under
    section 681 of former Title 40, Public Buildings, Property, and
    Works, was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002,
    116 Stat. 1304. Section 2 of the Act, which was classified to
    section 681 of former Title 40, has been omitted from the Code.
    Sections 3 and 4 of the Act, which were classified to sections 682
    and 683, respectively, of former Title 40, were repealed by Pub. L.
    91-143, Sec. 8(a)(2), Dec. 9, 1969, 83 Stat. 323. Sections 5(a) (no
    subsec. (b) was enacted) and 6 of the Act, which were classified to
    sections 684 and 685, respectively, of former Title 40, were
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304. Section 7 of the Act amended provisions classified to section
    662 of former Title 40, which was repealed by Pub. L. 89-774, Sec.
    5(b), Nov. 6, 1966, 80 Stat. 1353. Section 8 of the Act, which was
    classified to a note under section 681 of former Title 40, has been
    omitted from the Code.


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-541 inserted in parenthetical text "not leased
    by the Government for subsidized housing programs" after
    "structure" and struck out from par. (2) ", after construction or
    alteration in accordance with plans and specifications of the
    United States" after "August 12, 1968".
      1970 - Par. (4). Pub. L. 91-205 added par. (4).

                                SHORT TITLE                            
      Pub. L. 90-480, Aug. 12, 1968, 82 Stat. 718, which enacted this
    chapter, is popularly known as the "Architectural Barriers Act of
    1968".

    APPLICABILITY OF 1976 AMENDMENT TO LEASES ENTERED INTO BEFORE, ON,
                         OR AFTER JANUARY 1, 1977
      Section 202 of Pub. L. 94-541 provided that: "The amendment made
    by paragraph (1) of section 201 of this Act [amending this section]
    shall not apply to any lease entered into before January 1, 1977.
    It shall apply to every lease entered into on or after January 1,
    1977, including any renewal of a lease entered into before such
    date which renewal is on or after such date."

-End-



-CITE-
    42 USC Sec. 4152                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO
                  ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-
    Sec. 4152. Standards for design, construction, and alteration of
      buildings; Administrator of General Services

-STATUTE-
      The Administrator of General Services, in consultation with the
    Secretary of Health and Human Services, 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.

-SOURCE-
    (Pub. L. 90-480, Sec. 2, Aug. 12, 1968, 82 Stat. 719; Pub. L. 94-
    541, title II, Sec. 201(2), Oct. 18, 1976, 90 Stat. 2507; Pub. L.
    96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-541 substituted "shall prescribe" and "to
    insure whenever possible" for "is authorized to prescribe such" and
    "as may be necessary to insure", respectively, and inserted in
    parenthetical text "and of the United States Postal Service" after
    "Department of Defense".

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88, which is classified to section 3508(b) of
    Title 20, Education.

-End-



-CITE-
    42 USC Sec. 4153                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO
                  ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-
    Sec. 4153. Standards for design, construction, and alteration of
      buildings; Secretary of Housing and Urban Development

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 90-480, Sec. 3, Aug. 12, 1968, 82 Stat. 719; Pub. L. 94-
    541, title II, Sec. 201(3), Oct. 18, 1976, 90 Stat. 2507; Pub. L.
    96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-541 substituted "shall prescribe" and "to
    insure whenever possible" for "is authorized to prescribe such" and
    "as may be necessary to insure", respectively.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88, which is classified to section 3508(b) of
    Title 20, Education.

-End-



-CITE-
    42 USC Sec. 4154                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO
                  ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-
    Sec. 4154. Standards for design, construction, and alteration of
      buildings; Secretary of Defense

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 90-480, Sec. 4, Aug. 12, 1968, 82 Stat. 719; Pub. L. 94-
    541, title II, Sec. 201(4), Oct. 18, 1976, 90 Stat. 2507; Pub. L.
    96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-541 substituted "shall prescribe" and "to
    insure whenever possible" for "is authorized to prescribe such" and
    "as may be necessary to insure", respectively.

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88, which is classified to section 3508(b) of
    Title 20, Education.

-End-



-CITE-
    42 USC Sec. 4154a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO
                  ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-
    Sec. 4154a. Standards for design, construction, and alteration of
      buildings; United States Postal Service

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 90-480, Sec. 4a, as added Pub. L. 94-541, title II, Sec.
    201(5), Oct. 18, 1976, 90 Stat. 2508; amended Pub. L. 96-88, title
    V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted in text for
    "Secretary of Health, Education, and Welfare" pursuant to section
    509(b) of Pub. L. 96-88, which is classified to section 3508(b) of
    Title 20, Education.

-End-



-CITE-
    42 USC Sec. 4155                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO
                  ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-
    Sec. 4155. Effective date of standards

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 90-480, Sec. 5, Aug. 12, 1968, 82 Stat. 719.)

-End-



-CITE-
    42 USC Sec. 4156                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO
                  ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-
    Sec. 4156. Waiver and modification of standards

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 90-480, Sec. 6, Aug. 12, 1968, 82 Stat. 719; Pub. L. 94-
    541, title II, Sec. 201(6), Oct. 18, 1976, 90 Stat. 2508.)


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-541, in introductory text, inserted reference
    to the United States Postal Service with respect to standards
    issued under section 4154a of this title and struck out "is
    authorized" at end; in par. (1), inserted introductory words "is
    authorized"; and in par. (2), substituted "shall establish a system
    of continuing surveys and investigations" for "to conduct such
    surveys and investigations as he deems necessary".

-End-



-CITE-
    42 USC Sec. 4157                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 51 - DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO
                  ACCOMMODATE PHYSICALLY HANDICAPPED

-HEAD-
    Sec. 4157. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 90-480, Sec. 7, as added Pub. L. 94-541, title
    II, Sec. 201(7), Oct. 18, 1976, 90 Stat. 2508; amended Pub. L. 103-
    437, Sec. 15(n), Nov. 2, 1994, 108 Stat. 4593, which required the
    Administrator of General Services to 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 and
    required the Architectural and Transportation Barriers Compliance
    Board established by section 792 of title 29 to report to the
    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, terminated, effective May 15, 2000,
    pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
    a note under section 1113 of Title 31, Money and Finance. See,
    also, item 6 on page 155 and item 10 on page 173 of House Document
    No. 103-7.

-End-