tion of Government employees that asserts the right to strike agai the Government of the United States, or who advocates, or is a memb of an organization that advocates, the overthrow of the Governme of the United States by force or violence: Provided, That for t purposes hereof an affidavit shall be considered prima facie evider that the officer or employee making the affidavit has not contrary the provisions of this section engaged in a strike against the G ernment of the United States, is not a member of an organization Government employees that asserts the right to strike against t Government of the United States, or that such officer or employee d not advocate, and is not a member of an organization that advocat the overthrow of the Government of the United States by force violence: Provided further, That any person who engages in a stri against the Government of the United States or who is a memb of an organization of Government employees that asserts the right strike against the Government of the United States, or who advocat or who is a member of an organization that advocates, the overthr of the Government of the United States by force or violence a accepts an office or employment in the Department of Housing a Urban Development or the Department of Agriculture the salary wages for which are paid from any appropriation, loan, fund, expenditure authorized by or provided pursuant to this Act sha be guilty of a felony and, upon conviction, shall be fined not mo than $1,000 or imprisoned for not more than one year, or both: P vided further, That the above penalty clause shall be in addition and not in substitution for, any other provisions of existing law.

*

Approved July 15, 1949.

PROVIDING THAT CERTAIN OFFICERS MAY ACT AS SE RETARY OF HOUSING AND URBAN DEVELOPMENT

Executive Order 11274

[31 Fed. Reg. 5243]

By virtue of the authority vested in me by Section 179 of t Revised Statutes (5 U.S.C. 6) and Section 301 of Title 3 of the Unite States Code, and as President of the United States, it is ordered follows:

1. In the event of a vacancy in the Office of the Secretary of Housin and Urban Development or during the absence or disability of th Secretary, the Under Secretary shall act as Secretary of Housing an Urban Development.

2. During any period when, by reason of absence, disability, vacancy in office, neither the Secretary nor the Under Secretary available to exercise the powers or perform the duties of the Offi of the Secretary, an Assistant Secretary or the General Counsel, i such order as the Secretary may from time to time prescribe, shall a as Secretary of Housing and Urban Development. If no such ord of succession is in effect at that time, then they shall act in the orde in which they shall have taken office as Assistant Secretaries or Ge eral Counsel. LYNDON B. JOHNSON.

THE WHITE HOUSE, March 30, 1966.

ACCESSIBILITY TO PHYSICALLY HANDICAPPED

[Public Law 90–480, 82 Stat. 718; 42 U.S.C. 4151]

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

(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 3.

(4)3 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.

SEC. 2. The Administrator of General Services, in consultation with the Secretary of Health, Education, and Welfare, shall prescribe such 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.

SEC. 3. The Secretary of Housing and Urban Development, in consultation with the Secretary of Health, Education, and Welfare, 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.

SEC. 4. The Secretary of Defense, in consultation with the Secretary of Health, Education, and Welfare, shall prescribe such standards for the design, construction, and alteration of buildings, structures, and facilities of the Department of Defense subject to this Act to insure

See excerpt from Public Buildings Cooperative Use Act of 1976, Public Law 94-541. 820roved October 18, 1976, which follows this Act.

Sec. 201 of Public Buildings Cooperative Use Act of 1976, Public Law 94-541, approved Otober 18, 1976, 90 Stat. 2505, amended this Act by inserting "not leased by the Gorent for subsidized Housing programs" in the first paragraph and by striking out in graph (2) the following: "after construction or alteration in accordance with plans A specifications of the United States".

An amendment to the accessibility to Physically Handicapped Act," Public Law 9125 approved March 5, 1977, 84 Stat. 49 amended this Act as set forth in the text. Amended as set forth in the text by Public Buildings Cooperative Use Act of 1976, Public Law 94-541, approved October 18, 1976.

whenever possible that physically handicapped persons will h ready access to, and use of, such buildings.

1

SEC. 4a.1 The United States Postal Service, in consultation with Secretary of Health, Education, and Welfare, shall prescribe s standards for the design, construction, and alteration of its buildi to insure whenever possible that physically handicapped persons have ready access to, and use of, such buildings.

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

SEC. 6.1 The Administrator of General Services, with respect standards issued under section 2 of this Act, and the Secretary Housing and Urban Development, with respect to standards issu under section 3 of this Act, and the Secretary of Defense with resp to standards issued under section 4 of this Act, and the United Sta Postal Service with respect to standards issued under section 4a of t Act"

(1) to modify or waive any such standard, on a case-by-ca basis, upon application made by the head of the departme agency, or instrumentality of the United States concerned, a upon a determination by the Administrator or Secretary, as t case may be, that such modification or waiver is clearly necessa and

(2) shall establish a system of continuing surveys and inves gations to insure compliance with such standards, to conduct su surveys and investigations as he deems necessary to insure co pliance with such standards.

SEC. 7.2 (a) The Administrator of General Services shall report Congress during the first week of January of each year on his activ ties and those of other departments, agencies, and instrumentalities the Federal Government under this Act during the preceding fisc year including, but not limited to, standards issued, revised, amende or repealed under this Act and all case-by-case modifications, a waivers of such standards during such year.

(b) The Architectural and Transportation Barriers Complian Board established by section 502 of the Rehabilitation Act of 19 (Public Law 93-112) shall report to the Public Works and Transpo tation Committee of the House of Representatives and the Publ Works Committee of the Senate during the first week of January each year on its activities and actions to insure compliance with t standards prescribed under this Act.

Approved August 12, 1968.

EXCERPT FROM THE PUBLIC BUILDINGS COOPERATIV USE ACT OF 1976

[Public Law 94-541, 95th Congress]

*

SEC. 202. The amendment made by paragraph (1) of section 201 this Act shall not apply to any lease entered into before January

1 Amended as set forth in the text by Public Buildings Cooperative Use Act of 197 Pubile Law 94-541. Approved October 18, 1976.

2 Secs. 7 (a) and (b) added by Public Buildings Cooperative Use Act of 1976, Public La 94-541, approved October 18, 1976.

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.

Approved October 18, 1976.

ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

EXCERPTS FROM EXECUTIVE ORDER NO. 11490

[34 Fed. Reg. 17567]

PART 1-PURPOSE AND SCOPE

SECTION 101. PURPOSE. This order consolidates the assignment of emergency preparedness functions to various departments and agencies heretofore contained in the 21 Executive orders and 2 Defense Mobilization orders listed in Section 3015 of this order. Assignments have been adjusted to conform to changes in organization which have occurred subsequent to the issuance of those Executive orders and Defense Mobilization orders.

SEC. 102 SCOPE. (a) This order is concerned with the emergency national planning and preparedness functions of the several departments and agencies of the Federal Government which complement the military readiness planning responsibilities of the Department of Defense; together, these measures provide the basic foundation for our overall national preparedness posture, and are fundamental to our ability to survive. The activities undertaken by the departments and agencies pursuant to this order, except as provided in Section 3003, shall be in accordance with guidance provided by, and subject to evaluation by, the Administrator of General Services who has established within the General Services Administration a subordinate agency, the Federal Preparedness Agency, to assume those functions of the former Office of Emergency Preparedness transferred to the Administrator of General Services by Section 3 of Executive Order 11725 of June 27, 1973.1

(b) The departments and agencies of the Federal Government are hereby severally charged with the duty of assuring the continuity of the Federal Government in any national emergency type situation that might confront the nation. To this end, each department and agency with essential functions, whether expressly identical in this order or not, shall develop such plans and take such actions, including but not limited to those specified in this order, as may be necessary to assure that it will be able to perform its essential functions, and continue as a viable part of the Federal Government, during any emergency that might conceivably occur. These include plans for maintaining the continuity of essential functions of the department or agency at the seat of government and elsewhere, through programs concerned

The second sentence of sec. 102(a) was added by Executive Order No. 11921 dated June 11, 1976.

with: (1) succession to office; (2) predelegation of emergency auth ity; (3) safekeeping of essential records; (4) emergency relocat sites supported by communications and required services; (5) em gency action steps; (6) alternate headquarters or command faciliti and (7) protection of Government resources, facilities, and person The continuity of Government activities undertaken by the depa ments and agencies shall be in accordance with guidance provided and subject to evaluation by, the Director of the Federal Preparedn Agency (GSA).1

(c) 2 In addition to the activities indicated above, the heads departments and agencies described in Parts 2 through 29 of t order shall: (1) prepare national emergency plans, develop prepar ness programs, and attain an appropriate state of readiness with spect to the functions assigned to them in this order for all conditi of national emergency; (2) give appropriate consideration to em gency preparedness factors in the conduct of the regular functions their agencies, particularly those functions considered essential time of emergency, and (3) be prepared to implement, in the ev of an emergency, all appropriate plans developed under this order

PART 12-DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

SECTION 1201. RÉSUMÉ OF RESPONSIBILITIES. The Secretary of Ho ing and Urban Development shall prepare national emergency pla and develop preparedness programs covering all aspects of housi community facilities related to housing, and urban development ( cept that housing assets under the jurisdiction and control of Department of Defense, other than those leased for terms not excess of one year, shall be and remain the responsibility of the D partment of Defense).

SEC. 1202. Definition. As used in this part:

(1) "Emergency housing" means any and all types of accommo tions used as dwellings in an emergency.

(2) "Community facilities related to housing" means installatio necessary to furnish water, sewer, electric, and gas services betwe the housing unit or project and the nearest practical source or servici point.

(3) "Urban development" means the building or restoration of ban community, suburban, and metropolitan areas (except transport tion facilities).

SEC. 1203. Housing and Community Facilities Functions. The Sec tary of Housing and Urban Development shall:

(1) New housing. Develop plans for the emergency construction at management of new housing and the community facilities relat

1 Executive Order No. 11921 dated June 11, 1976, deleted the words "Office of Em gency Preparedness" and substituted therefor the words "Federal Preparedness Age (GSA)." Executive Order No. 11921 dated June 11, 1976, added a new paragraph “(c)”.