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Architectural Barriers Act

ArchitecturalBarriers Act of 1968, as amended
42 U.S.C. §§ 4151et seq.

§ 4151. "Building" defined

As used in this chapter, the term "building" meansany building or facility (other than (A) a privately owned residential structurenot leased by the Government for subsidized housing programs and (B) anybuilding or facility on a military installation designed and constructedprimarily for use by able bodied military personnel) the intended use for whicheither will require that such building or facility be accessible to the public,or may result in the employment or residence therein of physically handicappedpersons, which building or facility is--

(1) to be constructed or altered by or on behalf of theUnited States;

(2) to be leased in whole or in part by the United Statesafter August 12, 1968;1

(3) to be financed in whole or in part by a grant or a loanmade by the United States after August 12, 1968, if such building or facility issubject to standards for design, construction, or alteration issued underauthority of the law authorizing such grant or loan; or

(4) to be constructed under authority of the National CapitalTransportation Act of 1960, the National Capital Transportation Act of 1965, ortitle III of the Washington Metropolitan Area Transit Regulation Compact.

§ 4152. Standards for design, construction, andalteration of buildings; Administrator of General Services

The Administrator of General Services, in consultation withthe Secretary of Health and Human Services, shall prescribe standards for thedesign, construction, and alteration of buildings (other than residentialstructures subject to this chapter and buildings, structures, and facilities ofthe Department of Defense and of the United States Postal Service subject tothis chapter) to insure whenever possible that physically handicapped personswill have ready access to, and use of, such buildings.

§ 4153. Standards for design, construction, andalteration of buildings; Secretary of Housing and Urban Development

The Secretary of Housing and Urban Development, inconsultation with the Secretary of Health and Human Services, shall prescribestandards for the design, construction, and alteration of buildings which areresidential structures subject to this chapter to insure whenever possible thatphysically handicapped persons will have ready access to, and use of, suchbuildings.

§ 4154. Standards for design, construction, andalteration of buildings; Secretary of Defense

The Secretary of Defense, in consultation with the Secretaryof Health and Human Services, shall prescribe standards for the design,construction, and alteration of buildings, structures, and facilities of theDepartment of Defense subject to this chapter to insure whenever possible thatphysically handicapped persons will have ready access to, and use of, suchbuildings.

§ 4154a. Standards for design, construction, andalteration of buildings; United States Postal Service

The United States Postal Service, in consultation with theSecretary of Health and Human Services, shall prescribe such standards for thedesign, construction, and alteration of its buildings to insure wheneverpossible that physically handicapped persons will have ready access to, and useof, such buildings.

§ 4155. Effective date of standards

Every building designed, constructed, or altered after theeffective date of a standard issued under this chapter which is applicable tosuch building, shall be designed, constructed, or altered in accordance withsuch standard.

§ 4156. Waiver and modification of standards

The Administrator of General Services, with respect tostandards issued under section 4152 of this title, and the Secretary of Housingand Urban Development, with respect to standards issued under section 4153 ofthis title, and the Secretary of Defense with respect to standards issued undersection 4154 of this title, and the United States Postal Service with respect tostandards issued under section 4154a of this title --

(1) is authorized to modify or waive any such standard, on acase-by-case basis, upon application made by the head of the department, agency,or instrumentality of the United States concerned, and upon a determination bythe Administrator or Secretary, as the case may be, that such modification orwaiver is clearly necessary, and

(2) shall establish a system of continuing surveys andinvestigations to insure compliance with such standards.

§ 4157. Reports to Congress and Congressional committees

(a) The Administrator of General Services shall report toCongress during the first week of January of each year on his activities andthose of other departments, agencies, and instrumentalities of the FederalGovernment under this chapter during the preceding fiscal year including, butnot limited to, standards issued, revised, amended, or repealed under thischapter and all case-by-case modifications, and waivers of such standards duringsuch year.

(b) The Architectural and Transportation Barriers ComplianceBoard established by section 792 of Title 29 shall report to Public Works andTransportation Committee of the House of Representatives and the Environment andPublic Works Committee of the Senate during the first week of January of eachyear on its activities and actions to insure compliance with the standardsprescribed under this chapter.

 

1A 1976 amendment deleted the followingwords from the end of paragraph (2): "after construction or alteration inaccordance with plans and specifications of the United States." Thatamendment 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 renewalis on or after such date." (Pub. L. 94-541)

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