thorized by the Act approved March third, eighteen hundred and seventy-nine, entitled 'An Act to promote the education of the blind,' approved March 3, 1879.".

(3) The Act of August 4, 1919, as amended by section 403 of Public Law 100630, provides as follows: "That for the purpose of enabling the American Printing House for the Blind more adequately to provide books and apparatus for the education of the blind, there is hereby authorized to be appropriated annually to it,, such sum as the Congress may determine; which sum shall be expended in accordance with the requirements of said Act, under rules and regulations prescribed by the Secretary of Health, Education, and Welfare, to promote the education of the blind.".

Section 403 of that Public Law amended the above Act (the Act of August 4, 1919) by striking a clause that indicated that the authorization of appropriations provided in the Act was in addition to the permanent appropriation provided in the Act of March 3, 1879. The amendment failed to strike the commas preceding and following the stricken clause (see superfluous commas preceding the term "such sum").

(4) The Act of March 4, 1913, provides in part as follows: "The distribution of embossed books manufactured by the American Printing House for the Blind at Louisville, Kentucky, out of the income of the fund provided by the Act of [March 3, 1879,] shall include one copy of every book so manufactured to be deposited in the Library of Congress at Washington.".

(5) The Act of November 4, 1919, provides in part as follows: "That two copies of each of the publications printed by the American Printing House for the Blind shall be furnished free of charge to the National Library for the Blind located at [1729 H Street Northwest, Washington, District of Columbia].".

(6) Public Law 95-355 provides in part that the American Printing House for the Blind may make purchases through the General Services Administration.

(7) Public Law 102-394 provides in part that funds appropriated in Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts to the American Printing House for the Blind "shall be subject to financial and program audit by the Secretary of Education and the Secretary may withhold all or any portion of these appropriations if he determines that an institution has not cooperated fully in the conduct of such audits".

(8) Chapter 6 of title 20, United States Code (20 U.S.C. 101 et seq.), codifies certain provisions relating to the American Printing House for the Blind. In the 1982 edition of the Code, portions of the first section of the Act of March 3, 1879, were codified in section 101 of title 20 of the Code. Also codified in such section were portions of the Act of June 25, 1906, and the Act of August 4, 1919, whose texts are provided in notes above. These Acts affected the operation of the Act of March 3, 1879, but did not amend the Act.

The relevant provisions of the Act of March 4, 1913, the Act of November 4, 1919, Public Law 95-355, and Public Law 102-394, whose texts are described in notes above, are codified in sections 105, 103, 106, and 106a, respectively, of title 20 of the Code. These provisions affect the operation of the Act of March 3, 1879, but did not amend the Act.

ACT OF AUGUST 12, 19681

AN ACT To insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, as used in this Act, 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 the date of enactment of this Act;

(3) to be financed in whole or in part by a grant or a loan made by the United States after the date of enactment of this Act 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.

(42 U.S.C. 4151)

SEC. 2. The Administrator of General Services, in consultation with the Secretary of Health, Education, and Welfare 2, shall prescribe standards for the design, construction, and alteration of buildings (other than residential structures subject to this Act and buildings, structures, and facilities of the Department of Defense and of the United States Postal Service subject to this Act) to insure whenever possible that physically handicapped persons will have ready access to, and use of, such buildings.

(42 U.S.C. 4152)

1 Public Law 90-480; 82 Stat. 718.

2 Section 509(b) of Public Law 98-88 provides as follows:

(b) Any reference to the Department of Health, Education, and Welfare, the Secretary of Health, Education, and Welfare, or any other official of the Department of Health, Education, and Welfare in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the effective date of this Act [Oct. 17, 1979] shall be deemed to refer and apply to the Department of Health and Human Services, or the Secretary of Health and Human Services, respectively, except to the extent such reference is to a function or office transferred to the Secretary or the Department under this Act.

SEC. 3. The Secretary of Housing and Urban Development, in consultation with the Secretary of Health, Education, and Welfare 1, shall prescribe standards for the design, construction, and alteration of buildings which are residential structures subject to this Act to insure whenever possible that physically handicapped persons will have ready access to, and use of, such buildings.

(42 U.S.C. 4153)

SEC. 4. The Secretary of Defense, in consultation with the Secretary of Health, Education, and Welfare1, shall prescribe standards for the design, construction, and alteration of buildings, structures, and facilities of the Department of Defense subject to this Act to insure whenever possible that physically handicapped persons will have ready access to, and use of, such buildings.

(42 U.S.C. 4154)

SEC. 4a. The United States Postal Service, in consultation with the Secretary of Health, Education, and Welfare 1, 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.

(42 U.S.C. 4154a)

SEC. 5. Every building designed, constructed, or altered after the effective date of a standard issued under this Act which is applicable to such building, shall be designed, constructed, or altered in accordance with such standard.

(42 U.S.C. 4155)

SEC. 6. The Administrator of General Services, with respect to standards issued under section 2 of this Act, and the Secretary of Housing and Urban Development, with respect to standards issued under section 3 of this Act, and the Secretary of Defense with respect to standards issued under section 4 of this Act, and the United States Postal Service with respect to standards issued under section 4a of this Act

(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. (42 U.S.C. 4156)

SEC. 7. (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 Act during the preceding fiscal year including, but not limited to, standards issued, revised, amended, or repealed under this Act 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 502 of the Rehabilitation Act of 1973 (Pubic Law 93–112) shall report to the Public Works and Transportation Committee of the House of Representatives and the Environ

1 See footnote in section 2.

ment 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 Act.

(42 U.S.C. 4157)