42 U.S.C. § 4151 — ‘‘Building’’ defined

Page 6087 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4152 Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of Title 33, Navigation and Navigable Waters. CHAPTER 51—DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS TO ACCOMMODATE PHYSICALLY HANDICAPPED Sec. 4151. ‘‘Building’’ defined. 4152. Standards for design, construction, and alter- ation of buildings; Administrator of Gen- eral Services. 4153. Standards for design, construction, and alter- ation of buildings; Secretary of Housing and Urban Development. 4154. Standards for design, construction, and alter- ation of buildings; Secretary of Defense. 4154a. Standards for design, construction, and alter- ation of buildings; United States Postal Service. 4155. Effective date of standards. 4156. Waiver and modification of standards. 4157. Omitted. § 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 pro- grams and (B) any building or facility on a mili- tary installation designed and constructed pri- marily for use by able bodied military per- sonnel) the intended use for which either will re- quire 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 be- half 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 facil- ity is subject to standards for design, con- struction, 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 Metropoli- tan Area Transit Regulation Compact. (Pub. L. 90–480, § 1, Aug. 12, 1968, 82 Stat. 718; Pub. L. 91–205, Mar. 5, 1970, 84 Stat. 49; Pub. L. 94–541, title II, § 201(1), Oct. 18, 1976, 90 Stat. 2507.) Editorial Notes REFERENCES IN TEXT The National Capital Transportation Act of 1960, re- ferred 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, § 8(a)(1), Dec. 9, 1969, 83 Stat. 322. The National Capital Transportation Act of 1965, re- ferred to in par. (4), is Pub. L. 89–173, Sept. 8, 1965, 79 Stat. 663. 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, § 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, § 8(a)(2), Dec. 9, 1969, 83 Stat. 323. Sec- tions 5(a) (no subsec. (b) was enacted) and 6 of the Act, which were classified to sections 684 and 685, respec- tively, of former Title 40, were repealed by Pub. L. 107–217, § 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, § 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. 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). Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, which en- acted this chapter, is popularly known as the ‘‘Archi- tectural Barriers Act of 1968’’. APPLICABILITY OF 1976 AMENDMENT TO LEASES ENTERED INTO BEFORE, ON, OR AFTER JANUARY 1, 1977 Pub. L. 94–541, title II, § 202, Oct. 18, 1976, 90 Stat. 2508, 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.’’ § 4152. Standards for design, construction, and alteration of buildings; Administrator of Gen- eral Services The Administrator of General Services, in con- sultation with the Secretary of Health and Human Services, shall prescribe standards for the design, construction, and alteration of build- ings (other than residential structures subject to this chapter and buildings, structures, and fa- cilities of the Department of Defense and of the United States Postal Service subject to this chapter) to insure whenever possible that phys- ically handicapped persons will have ready ac- cess to, and use of, such buildings. (Pub. L. 90–480, § 2, Aug. 12, 1968, 82 Stat. 719; Pub. L. 94–541, title II, § 201(2), Oct. 18, 1976, 90 Stat. 2507; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–541 substituted ‘‘shall prescribe’’ and ‘‘to insure whenever possible’’ for ‘‘is authorized to pre- scribe such’’ and ‘‘as may be necessary to insure’’, re- spectively, and inserted in parenthetical text ‘‘and of the United States Postal Service’’ after ‘‘Department of Defense’’.