TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

Chap.
Sec.
1.
Public Buildings, Grounds, Parks, and Wharves in District of Columbia
1
2.
Capitol Building and Grounds
161
2A.
National Archives [Transferred or Repealed]
231
3.
Public Buildings and Works Generally
251
4.
The Public Property
301
5.
Hours of Labor and Safety on Public Works
321
6.
Acquisition of Sites for and Construction of Public Buildings
341
7.
Acquisition of Land in District of Columbia for Use of United States by Condemnation Proceedings [Repealed]
361
8.
Emergency Public Works and Construction Projects
401
9.
Non-Federal Public Works
451
10.
Management and Disposal of Government Property
471
11.
Real Property Transactions by Military Departments [Repealed]
551
12.
Construction, Alteration, and Acquisition of Public Buildings
601
13.
National Capital Transportation Program [Repealed or Omitted]
651
14.
Safety Standards for Motor Vehicles
701
15.
Government Losses in Shipment
721
16.
General Services Administration
751
17.
Alaska Communications Disposal
771
17A.
Alaska Federal-Civilian Energy Efficiency Swap
795
18.
National Visitor Center Facilities; Union Station Redevelopment; Capitol Guide Service
801
19.
Capitol and White House-Pennsylvania Avenue Development
871
20.
Federal Motor Vehicle Expenditure Control
901
21.
National Capital Memorials and Commemorative Works
1001
22.
Federal Triangle Development
1101
23.
Judiciary Office Building Development
1201

        

CHAPTER 1—PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF COLUMBIA

Sec.
1 to 13.
Repealed or Omitted.
13a.
United States Supreme Court Building.
(a)
Structural and mechanical care; care and maintenance of grounds; direction of operations, maintenance and repairs; contract authority.
(b)
Heating and air-conditioning refrigeration expenses; deposits in Treasury of advancements to credit of Capitol Power Plant; electrical energy purchases.
13b.
Structural, mechanical, and grounds employees; Supreme Court Building and grounds.
13c.
Domestic care and custody; superintendent; Supreme Court Building.
13d.
Repealed.
13e.
Care and maintenance of Oliver Wendell Holmes Garden.
13f.
Supreme Court Building and grounds; policing; designation of members of the Supreme Court Police.
13g.
Restriction of public travel; Supreme Court grounds.
13h.
Sale of articles; signs; solicitation; Supreme Court Building and grounds.
13i.
Injuries to property; Supreme Court Building and grounds.
13j.
Firearms or fireworks; speeches; objectionable language; Supreme Court Building and grounds.
13k.
Parades or assemblages; display of flags; Supreme Court Building and grounds.
13l.
Rules and regulations; posting in public place; availability to public.
13m.
Penalties; Supreme Court Building and grounds.
13n.
Policing authority.
(a)
Authority of Marshal of the Supreme Court and Supreme Court Police.
(b)
Authority of Metropolitan police force of the District of Columbia.
(c)
Termination of authority; reporting requirements; duties with respect to an official guest of Supreme Court.
(d)
Definitions.
13o.
Suspension of prohibitions against use of Supreme Court grounds.
13p.
Area of Supreme Court grounds.
14 to 18a. Repealed.
19.
Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law; eviction of trespassers.
20 to 22.
Repealed or Omitted.
22a.
Heat for Corcoran Gallery of Art.
22b.
Heat for Board of Governors of the Federal Reserve System.
22c.
Rates for heat for non-Federal public buildings.
23 to 30a. Repealed or Omitted.
31.
Use of public buildings for public ceremonies.
32 to 33a. Repealed or Omitted.
34.
Rent of buildings in District of Columbia; contracts not to be made until appropriation.
35.
Rent of other buildings.
36 to 41.
Repealed, Omitted, or Transferred.
42.
Rooms and accommodations for Office of Personnel Management.
43.
Advertisements and sales in or around Washington Monument.
44.
Repealed.
45.
Chief of Engineers; charge of Washington Aqueduct and other public works.
46.
Compensation of Chief of Engineers.
47.
Apartments of Chief of Engineers.
48.
Obedience to President by Chief of Engineers.
49.
Record of property by Chief of Engineers.
50.
Reports by Chief of Engineers.
51.
Authority of Chief of Engineers.
52.
Appeal to Secretary of the Army by Chief of Engineers.
53.
Repealed.
53a.
MacArthur Boulevard; jurisdiction and control.
54.
Moneys for public works; expenditure.
55.
Mains or pipes; laying for use of public buildings.
56.
Unauthorized opening.
57 to 60.
Omitted or Repealed.
60a.
Reservation of parking spaces for Members of Congress.
61 to 63.
Omitted.
64.
Jurisdiction over portion of B Street.
65.
Omitted.
66.
Improper appropriation of streets.
67.
Omitted.
68.
Buildings on reservations, parks, or public grounds.
69, 70.
Omitted.
71.
Physical development of National Capital.
(a)
General purposes; findings.
(b)
Definitions.
71a.
Federal and District planning agencies in National Capital.
(a)(1)
National Capital Planning Commission; creation; central Federal agency; functions; excepted functions.
(2)
Mayor of District of Columbia; central local agency; functions; excepted functions; comprehensive plan for District: procedures for citizen participation and consultations with non-Federal agencies.
(3)
Comprehensive plan for District; functions of Mayor and Council respecting impact on Federal Establishment.
(4)
Certifications; incorporation and implementation; Council's action; joint publication of Federal activities elements and District elements; time limitation extension, authority of Council; joint establishment of procedures for consultations throughout planning process.
(b)
National Capital Planning Commission; official members; citizen members: qualifications, terms of office, vacancies, compensation.
(c)
Chairman; officers; Director and other personnel; employment of city planners, architects, etc.; compensation.
(d)
Advisory and coordinating committees; participation by representatives of planning and developmental agencies.
(e)
General scope of functions.
71b.
Omitted.
71c.
Comprehensive plan for the National Capital.
(a)
Preparation and adoption by Commission.
(b),
(c) Repealed.
(d)
Progressive adoption, amendment, or review.
(e)
Consultation with interested agencies; hearings; citizen advisory councils.
71d.
Proposed Federal and District developments and projects.
(a)
Consultations between agencies and Commission; procedure.
(b)
Exceptions to consultation procedure.
(c)
Approval of District Government buildings within central area; time for transmittal of approval or disapproval of such buildings.
(d)
Additional procedure for consultation on developments and projects within environs.
(e)
Intent of section; interchange of plans, data, etc.
71e.
Repealed.
71f.
Capital improvements.
(a)
Six-year program of public works; recommendations and annual review; submission of advance programs.
(b)
Submission of multiyear capital improvement plan.
71g.
Zoning regulations and maps, and subdivision of lands.
(a)
Amendments of zoning regulations and maps.
(b)
Further reports on proposed amendments.
(c)
Performance of functions by Zoning Committee of National Capital Planning Commission.
(d)
Recommendations as to platting and subdividing lands; procedure.
71h.
Transfer of functions to Commission.
71i.
Authorization of appropriations to carry out sections 71 to 71i.
72.
Acquisition of land by Commission.
72a.
Acquisition of land by Commission subject to limited rights reserved to grantor; acquisition of limited permanent rights in land adjoining park property.
72b.
Lease of lands acquired for park, parkway, or playground purposes.
72c.
Power to sell lands.
72d.
Expenses of land sales.
72e.
Execution of deeds to lands.
73.
Authorization of appropriations for expenses, and acquisition of lands by Commission; assignment of playground areas; control of lands outside District.
74.
Annual reports of Commission to Congress; estimates for Office of Management and Budget.
74a.
Sale by the Secretary of the Interior of lands no longer needed for public purposes.
74b.
Sale to highest bidder; rights of abutting owner.
74c.
Expenses of sale; disposition of proceeds.
75 to 78.
Omitted or Repealed.
79.
Transfers of jurisdiction between Director of National Park Service and Mayor of District of Columbia.
80, 81.
Omitted.
82.
Public spaces resulting from filling of canals under jurisdiction of Director.
83 to 88.
Omitted.
89.
Potomac Park; temporary occupancy by Department of Agriculture.
90 to 99.
Omitted or Repealed.
100.
Part of Washington Aqueduct for playground purposes.
101.
Laws of District extended to public buildings and grounds.
102.
Ailanthus trees prohibited.
103.
Trees, shrubs, and plants, in greenhouses and nursery.
104.
Commission of Fine Arts.
105.
Secretary and executive officer.
106.
Authorization of appropriations.
107 to 112a. Omitted or Repealed.
113.
Delivery of fuel for use during ensuing fiscal year.
114 to 120. Repealed or Omitted.
121.
Regulation of height, design, and construction of private and semipublic buildings adjacent to public buildings and grounds; building permits.
122.
Jurisdiction over public lands; transfer by Federal and District authorities.
123.
Effect of section 122 on existing laws.
124.
Theodore Roosevelt Island; administration; development.
125.
Means of access; care, maintenance, and improvements; appropriation; Theodore Roosevelt Island.
126.
Erection of monument or memorial and related structures; authorization of appropriations; Theodore Roosevelt Island.
127.
Designation in documents, etc.; Theodore Roosevelt Island.
128.
Approval by Administrator of General Services of sketches, plans, and estimates of buildings; exemptions.
129.
Lease of building space by wholly owned Government corporations; rental.
129a.
Courthouse construction authorized; cost; repayment to United States.
130.
Courthouse for United States Court of Appeals and United States District Court for the District of Columbia; maintenance and operation; allocation of space.
130a.
Authorization of appropriations.
131.
Development of Washington metropolitan region; necessity for coordination.
132.
Declaration of policy; coordinated development and management.
133.
Priority projects; water supply, sewage disposal, water pollution, and transportation.
134.
Study of final report of Joint Committee on Washington Metropolitan Problems; recommendations.
135.
“Washington metropolitan region” defined.
136.
National Capital Service Area.
(a)
Establishment.
(b)
National Capital Service Director.
(c)
Personnel; compensation.
(d)
Omitted.
(e)
Presidential report to Congress.
(f)
Boundaries.
(g)
Presidential survey; map and description.
(h)
Creation of National Capital Service Area not to affect existing provisions covering buildings and grounds within Area; availability of services and facilities.
(i)
Continued application of laws, rules, and regulations covering areas within National Capital Service Area.
(j)
Residency within National Capital Service Area.

        

Cross References

Reorganization of Executive Agencies, see Executive Order No. 6166, §§1, 2, promulgated June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees.

Right of action for death or personal injury within national park or other place under exclusive jurisdiction of United States or governed by State laws, see section 457 of Title 16, Conservation.

§1. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644

Section, act Mar. 1, 1919, ch. 86, §10, 40 Stat. 1269, related to control and allotment of space in public buildings in District of Columbia.

§1a. Repealed. June 30, 1949, ch. 288, title I, §103(b), 63 Stat. 380

Section, act July 9, 1943, ch. 210, 57 Stat. 390, related to compensation of former Commissioner of Public Buildings.

Effective Date of Repeal

Repeal effective July 1, 1949, pursuant to section 505 of act June 30, 1949.

§§2 to 5. Omitted

Codification

Section 2, act Feb. 26, 1925, ch. 339, §1, 43 Stat. 983, which established the Office of Public Buildings and Public Parks of the National Capital, was omitted in view of abolition of this office and transfer of its functions to the National Park Service by Ex. Ord. No. 6166, §2, June 10, 1933, set out under section 901 of Title 5, Government Organization and Employees.

Section 3, acts Feb. 26, 1925, ch. 339, §2, 43 Stat. 983; July 3, 1930, ch. 846, 46 Stat. 907; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389, which abolished the commission in charge of Department of State Building and transferred duties of commission and superintendent thereof to Director of National Park Service, was omitted in view of transfer of functions of National Park Service to Public Buildings Administration in Federal Works Agency by Reorg. Plan No. I of 1939, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, set out in the Appendix to Title 5, Government Organization and Employees, and the subsequent abolition of Federal Works Agency and transfer of its functions to Administrator of General Services Administration by act June 30, 1949, ch. 288, title I, §103, 63 Stat. 380, which enacted section 753 of this title.

Section 4, act Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, §1, 48 Stat. 389, abolished the Office of Public Buildings and Grounds and transferred its functions and duties to Director of the National Park System. See note set out under section 3 of this title.

Section 5, act Feb. 26, 1925, ch. 339, §4, 43 Stat. 983, provided officers and employees for Office of Public Buildings and Public Parks of the National Capital. See note for section 2 of this title.

§5a. Repealed. Oct. 31, 1951, ch. 654, §1(73), 65 Stat. 704

Section, act July 19, 1932, ch. 510, 47 Stat. 705, related to employment of landscape architects, architects, engineers, artists, etc., in connection with public buildings in the National Capital. See section 758 of this title.

§6. Omitted

Codification

Section, act Feb. 26, 1925, ch. 339, §6, 43 Stat. 984, related to the Office of Public Buildings and Public Parks of the National Capital, which was abolished by Ex. Ord. No. 6166, §2, eff. June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees.

§7. Repealed. Oct. 31, 1951, ch. 654, §1(74), 65 Stat. 704

Section, act July 8, 1918, ch. 139, 40 Stat. 831, related to distribution of building employees among various government office buildings. See section 754 of this title.

§7a. Omitted

Codification

Section, acts June 26, 1934, ch. 145, title I, 57 Stat. 176; June 27, 1944, ch. 286, title I, 58 Stat. 367; May 3, 1945, ch. 106, title I, 59 Stat. 112; Mar. 28, 1946, ch. 113, title I, 60 Stat. 65, which related to appointment of personnel by Commissioner of Public Buildings, was omitted in view of the abolition of the office of Commissioner of Public Buildings by act June 30, 1949, ch. 288, title I, §103(b), 63 Stat. 380, effective July 1, 1949. See section 758 of this title.

§§8 to 13. Repealed. Oct. 31, 1951, ch. 654, §1(75)– (80), 65 Stat. 704

Section 8, R.S. §1798; acts Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, §1, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, related to expenditures made for repairs and improvements of public buildings and grounds in the District of Columbia.

Section 9, acts Mar. 3, 1883, ch. 128, 22 Stat. 553; Feb. 26, 1925, ch. 339, §2, 43 Stat. 983; July 3, 1930, ch. 846, 46 Stat. 907; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, directed the Federal Works Administrator to be in charge of care and maintenance of Department of State Building.

Section 10, acts May 22, 1908, ch. 186, 35 Stat. 218; Mar. 28, 1918, ch. 28, §1, 40 Stat. 482; June 4, 1918, ch. 92, 40 Stat. 598; Feb. 26, 1925, ch. 339, §2, 43 Stat. 983; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, authorized the Federal Works Administrator to act as superintendent of certain annex buildings.

Section 11, acts Mar. 28, 1918, ch. 28, 40 Stat. 483; June 4, 1918, ch. 92, 40 Stat. 598; Feb. 26, 1925, ch. 339, §2, 43 Stat. 983; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, directed the Federal Works Administrator to be in charge of care and maintenance of certain temporary office buildings.

Section 12, acts May 24, 1922, ch. 199, 42 Stat. 554; Feb. 26, 1925, ch. 339, §§1–6, 43 Stat. 983, 984; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care and maintenance of Interior Department, Pension Office, Patent Office, and General Land Office to Federal Works Administrator.

Section 13, acts Feb. 13, 1923, ch. 72, 42 Stat. 1239; Feb. 26, 1925, ch. 339, §§1–6, 43 Stat. 983, 984; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care and maintenance of Department of Justice buildings to Federal Works Administrator.

§13a. United States Supreme Court Building

(a) Structural and mechanical care; care and maintenance of grounds; direction of operations, maintenance and repairs; contract authority

The Architect of the Capitol shall have charge of the structural and mechanical care of the United States Supreme Court Building, including the care and maintenance of the grounds, and the supplying of all mechanical furnishings and mechanical equipment for the building. The operation and maintenance of the mechanical equipment and repair of the building shall be performed under his direction and he is authorized to enter into all necessary contracts.

(b) Heating and air-conditioning refrigeration expenses; deposits in Treasury of advancements to credit of Capitol Power Plant; electrical energy purchases

In addition to the foregoing, any funds hereafter appropriated under authority of sections 13a to 13c of this title shall be available also for expenses of heating and air-conditioning refrigeration supplied by the Capitol Power Plant, advancements for which shall be made and deposited in the Treasury to the credit of appropriations hereafter provided for the Capitol Power Plant; and for the purchase of electrical energy.

(May 7, 1934, ch. 222, §1, 48 Stat. 668; Oct. 10, 1978, Pub. L. 95–431, title IV, 92 Stat. 1036.)

Codification

Existing provisions were editorially designated subsec. (a) in view of amendment by Pub. L. 95–431 which added subsec. (b) without designating existing provisions as subsec. (a).

Amendments

1978—Subsec. (b). Pub. L. 95–431 added subsec. (b).

Care of Building and Grounds

Pub. L. 101–162, title IV, Nov. 21, 1989, 103 Stat. 1010, provided: “That for fiscal year 1990 and hereafter, funds appropriated under this heading [Supreme Court of the United States and care of the building and grounds] shall be available for improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances; special clothing for workmen; and personal and other services (including temporary labor without regard to the Classification and Retirement Acts, as amended); and for snow removal by hire of men and equipment or under contract, and for the replacement of electrical transformers containing polychlorinated biphenyls, both without compliance with section 3709 of the Revised Statutes, as amended (41 U.S.C. 5).”

Section Referred to in Other Sections

This section is referred to in sections 13b, 1204 of this title.

§13b. Structural, mechanical, and grounds employees; Supreme Court Building and grounds

Employees required for the performance of the provisions of section 13a(a) of this title shall be (a) appointed by the Architect of the Capitol with the approval of the Chief Justice of the United States; (b) compensated in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5; and (c) be subject to the provisions of subchapter III of chapter 83 of title 5.

(May 7, 1934, ch. 222, §2, 48 Stat. 668; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972; Oct. 10, 1978, Pub. L. 95–431, title IV, 92 Stat. 1036.)

Codification

In clause (b), “chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification of 1949, as amended” on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

In clause (c), “subchapter III of chapter 83 of title 5” substituted for “the Act entitled ‘An Act for the retirement of employees in the classified civil service, and for other purposes’ approved May 22, 1920, as amended (U.S.C., title 5, ch. 14)” to reflect the enactment of Title 5 by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Amendments

1978—Pub. L. 95–431 substituted “section 13a(a) of this title” for “the foregoing” which had been translated as “the provisions of section 13a of this title”.

1949—Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.

Repeals

Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.

§13c. Domestic care and custody; superintendent; Supreme Court Building

All other duties and work required for the operation, domestic care, and custody of the building shall be performed under the direction of the Marshal of the Supreme Court of the United States, who shall be superintendent of the United States Supreme Court Building.

(May 7, 1934, ch. 222, §3, 48 Stat. 668; June 25, 1948, ch. 646, §27, 62 Stat. 990.)

Amendments

1948—Act June 25, 1948, struck out provision relating to custodial employees. See section 672 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1948 Amendment

Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.

§13d. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992

Section, act May 7, 1934, ch. 222, §4, 48 Stat. 668, related to disbursement of appropriations by Marshal. See section 672 of Title 28, Judiciary and Judicial Procedure.

Effective Date of Repeal

Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948.

§13e. Care and maintenance of Oliver Wendell Holmes Garden

After the completion and dedication of the Oliver Wendell Holmes Garden, it shall be maintained and cared for by the Architect of the Capitol in accordance with the provisions of law applicable with respect to the maintenance and care of the grounds of the United States Supreme Court Building.

(Oct. 22, 1940, ch. 908, §6, 54 Stat. 1208.)

Cross References

Maintenance and care of Supreme Court Building, see sections 13a to 13c of this title and section 672 of Title 28, Judiciary and Judicial Procedure.

§13f. Supreme Court Building and grounds; policing; designation of members of the Supreme Court Police

The Marshal of the Supreme Court of the United States, under the general supervision and direction of the Chief Justice of the United States, may designate employees of the Supreme Court as members of the Supreme Court Police, without additional compensation.

(Aug. 18, 1949, ch. 479, §1, 63 Stat. 616; Dec. 29, 1982, Pub. L. 97–390, §1(a), 96 Stat. 1957.)

Amendments

1982—Pub. L. 97–390 substituted “members of the Supreme Court Police” for “special policemen” and struck out provisions relating to duties of such special policemen.

Section Referred to in Other Sections

This section is referred to in sections 13n, 13p of this title.

§13g. Restriction of public travel; Supreme Court grounds

Public travel in and occupancy of the Supreme Court grounds is restricted to the sidewalks and other paved surfaces.

(Aug. 18, 1949, ch. 479, §2, 63 Stat. 616.)

Section Referred to in Other Sections

This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title.

§13h. Sale of articles; signs; solicitation; Supreme Court Building and grounds

It shall be unlawful to offer or expose any article for sale in the Supreme Court Building or grounds; to display any sign, placard, or other form of advertisement therein; or to solicit fares, alms, subscriptions, or contributions therein.

(Aug. 18, 1949, ch. 479, §3, 63 Stat. 616.)

Section Referred to in Other Sections

This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title.

§13i. Injuries to property; Supreme Court Building and grounds

It shall be unlawful to step or climb upon, remove, or in any way injure any statue, seat, wall, fountain,1 or other erection or architectural feature, or any tree, shrub, plant, or turf in the Supreme Court Building or grounds.

(Aug. 18, 1949, ch. 479, §4, 63 Stat. 617.)

Codification

The word “fountain”, appearing in text, conforms to the original text as signed into law by the President. Typographical error was made in printing the law in the Statutes-at-Large (63 Stat. 617) wherein the word appears as “foundation”.

Section Referred to in Other Sections

This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title.

1 See Codification note below.

§13j. Firearms or fireworks; speeches; objectionable language; Supreme Court Building and grounds

It shall be unlawful to discharge any firearm, firework or explosive, set fire to any combustible, make any harangue or oration, or utter loud, threatening, or abusive language in the Supreme Court Building or grounds.

(Aug. 18, 1949, ch. 479, §5, 63 Stat. 617.)

Section Referred to in Other Sections

This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title.

§13k. Parades or assemblages; display of flags; Supreme Court Building and grounds

It shall be unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement.

(Aug. 18, 1949, ch. 479, §6, 63 Stat. 617.)

Section Referred to in Other Sections

This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title.

§13l. Rules and regulations; posting in public place; availability to public

(a) In addition to the restrictions and requirements specified in sections 13g to 13k of this title, the Marshal of the Supreme Court may prescribe such regulations, approved by the Chief Justice of the United States, as may be deemed necessary for the adequate protection of the Supreme Court Building and grounds and of persons and property therein, and for the maintenance of suitable order and decorum within the Supreme Court Building and grounds.

(b) All regulations prescribed under this section shall be posted in a public place at the Supreme Court Building and shall be made reasonably available to the public in writing.

(Aug. 18, 1949, ch. 479, §7, 63 Stat. 617; Dec. 29, 1982, Pub. L. 97–390, §1(b), 96 Stat. 1957.)

Amendments

1982—Subsec. (b). Pub. L. 97–390 substituted “prescribed under this section shall be posted in a public place at the Supreme Court Building and shall be made reasonable available to the public in writing” for “promulgated under the authority of this section shall be printed in one or more of the daily newspapers published in the District of Columbia, and shall not become effective until the expiration of ten days after the date of such publication”.

Section Referred to in Other Sections

This section is referred to in sections 13m, 13n, 13p of this title.

§13m. Penalties; Supreme Court Building and grounds

Whoever violates any provision of sections 13g to 13k of this title, or of any regulation prescribed under section 13l of this title, shall be fined not more than $100 or imprisoned not more than sixty days, or both, prosecution for such offenses to be had in the Superior Court of the District of Columbia, upon information by the United States Attorney or any of his assistants: Provided, That in any case where, in the commission of any such offense, public property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than five years.

(Aug. 18, 1949, ch. 479, §8, 63 Stat. 617; Oct. 23, 1962, Pub. L. 87–873, §1, 76 Stat. 1171; July 8, 1963, Pub. L. 88–60, §1, 77 Stat. 77; July 29, 1970, Pub. L. 91–358, title I, §111, 84 Stat. 475.)

Change of Name

“District of Columbia Court of General Sessions” changed to “Superior Court of the District of Columbia” pursuant to Pub. L. 91–358, which provided that such change is effective first day of seventh calendar month which begins after July 29, 1970.

Municipal Court for the District of Columbia redesignated District of Columbia Court of General Sessions by Pub. L. 87–873, §1, Oct. 23, 1962, 76 Stat. 1171, and Pub. L. 88–60, §1, July 8, 1963, 77 Stat. 77.

Section Referred to in Other Sections

This section is referred to in sections 13n, 13p of this title.

§13n. Policing authority

(a) Authority of Marshal of the Supreme Court and Supreme Court Police

The Marshal of the Supreme Court and the Supreme Court Police shall have authority, in accordance with regulations prescribed by the Marshal and approved by the Chief Justice of the United States—

(1) to police the Supreme Court Building and grounds, and adjacent streets for the purpose of protecting persons and property;

(2) in any part of the United States, to protect—

(A) the person of the Chief Justice of the United States, any Associate Justice of the Supreme Court, and any official guest of the Supreme Court; and

(B) the person of any officer or employee of the Supreme Court while such officer or employee is engaged in the performance of official duties;


(3) in the performance of duties necessary for carrying out paragraph (1) of this subsection, to make arrests for any violation of a law of the United States or any State and any regulation under such law;

(4) in the performance of duties necessary for carrying out paragraph (2) of this subsection, to make arrests for any violation of a law of the United States and any regulation under such law; and

(5) to carry firearms as may be required for the performance of duties under sections 13f to 13p of this title.

(b) Authority of Metropolitan police force of the District of Columbia

The Metropolitan police force of the District of Columbia are 1 authorized to make arrests within the Supreme Court Building and grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Marshal of the Supreme Court or his assistants, to enter the Supreme Court Building to make arrests in response to complaints or to serve warrants or to patrol the Supreme Court Building or grounds.

(c) Termination of authority; reporting requirements; duties with respect to an official guest of Supreme Court

The authority created under subsection (a)(2) of this section shall expire on December 29, 1996. The Marshal of the Supreme Court shall report annually to the Congress on March 1 regarding the administrative cost of carrying out his duties under such subsection. Duties under subsection (a)(2)(A) of this section with respect to an official guest of the Supreme Court in any part of the United States (other than the District of Columbia, Maryland, and Virginia) shall be authorized in writing by the Chief Justice of the United States or an Associate Justice of the Supreme Court, if such duties require the carrying of firearms under subsection (a)(5) of this section.

(d) Definitions

As used in sections 13f to 13p of this title, the term—

(1) “official guest of the Supreme Court” means an individual who is a guest of the Supreme Court, as determined by the Chief Justice of the United States or any Associate Justice of the Supreme Court;

(2) “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; and

(3) “United States”, when used in a geographical sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

(Aug. 18, 1949, ch. 479, §9, 63 Stat. 617; Dec. 24, 1973, Pub. L. 93–198, title VII, §739(g)(8), 87 Stat. 829; Dec. 29, 1982, Pub. L. 97–390, §1(c), 96 Stat. 1957; Dec. 26, 1985, Pub. L. 99–218, 99 Stat. 1729; Oct. 16, 1986, Pub. L. 99–492, §1, 100 Stat. 1240; Oct. 25, 1990, Pub. L. 101–462, 104 Stat. 1079; Dec. 14, 1993, Pub. L. 103–193, 107 Stat. 2293.)

Amendments

1993—Subsec. (c). Pub. L. 103–193 substituted “1996” for “1993”.

1990—Subsec. (c). Pub. L. 101–462 substituted “1993” for “1990”.

1986—Subsec. (c). Pub. L. 99–492 substituted “on December 29, 1990” for “one year after the date of the enactment of this subsection”.

1985—Subsec. (c). Pub. L. 99–218, in amending subsec. (c) generally, substituted “one year after December 26, 1985” for “three years after December 29, 1982”, and struck out “During the three-year effective period of subsection (a)(2) of this section” before “The Marshal of the Supreme Court shall report”.

1982—Subsec. (a). Pub. L. 97–390, §1(c)(1), substituted provisions of subsec. (a) for provisions formerly preceding proviso which read as follows: “The special police provided for in section 13f of this title shall have the power, within the Supreme Court Building and grounds and adjacent streets, to enforce and make arrests for violations of any provision of sections 13g to 13k of this title, or any regulation prescribed under section 13l of this title or of any law of the United States, any law of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto”.

Subsec. (b). Pub. L. 97–390, §1(c)(1), designated as subsec. (b) the provisions formerly set out in the form of a proviso dealing with the authority of the Metropolitan police force of the District of Columbia.

Subsecs. (c), (d). Pub. L. 97–390, §1(c)(2), added subsecs. (c) and (d).

1973—Pub. L. 93–198 substituted “, any law of the District of Columbia, or of any State,” for “or of any State”.

Effective Date of 1973 Amendment

Section 771 of Pub. L. 93–198 provided that the amendment made by Pub. L. 93–198 is effective Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974.

Section Referred to in Other Sections

This section is referred to in section 13p of this title.

1 So in original. Probably should be “is”.

§13o. Suspension of prohibitions against use of Supreme Court grounds

In order to permit the observance of authorized ceremonies within the Supreme Court Building and grounds, the Marshal of the Supreme Court of the United States may suspend for such occasions so much of the prohibitions contained in sections 13g to 13k of this title, as may be necessary for the occasion, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Marshal, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the Supreme Court Building and grounds and of persons and property therein.

(Aug. 18, 1949, ch. 479, §10, 63 Stat. 617.)

Section Referred to in Other Sections

This section is referred to in sections 13n, 13p of this title.

§13p. Area of Supreme Court grounds

For the purposes of sections 13f to 13p of this title the Supreme Court grounds shall be held to extend to the line of the face of the east curb of First Street Northeast, between Maryland Avenue Northeast and East Capitol Street; to the line of the face of the south curb of Maryland Avenue Northeast, between First Street Northeast and Second Street Northeast; to the line of the face of the west curb of Second Street Northeast, between Maryland Avenue Northeast and East Capitol Street; and to the line of the face of the north curb of East Capitol Street between First Street Northeast and Second Street Northeast. In addition to the property referred to in the preceding sentence, for the purposes of sections 13f to 13p of this title, the Supreme Court grounds are comprised of any property under the custody and control of the Supreme Court as part of the Supreme Court grounds, including property acquired as provided by law on behalf of the United States in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as an addition to the grounds of the United States Supreme Court Building.

(Aug. 18, 1949, ch. 479, §11, 63 Stat. 617; Dec. 29, 1982, Pub. L. 97–390, §1(d), 96 Stat. 1958.)

Amendments

1982—Pub. L. 97–390 inserted provision that in addition to the property already referred to, for the purposes of sections 13f to 13p of this title, the Supreme Court grounds are comprised of any property under the custody and control of the Supreme Court as part of the Supreme Court grounds, including property acquired as provided by law on behalf of the United States in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as an addition to the grounds of the United States Supreme Court Building.

United States Supreme Court Building; Acquisition of Certain Real Property

Pub. L. 96–532, Dec. 15, 1980, 94 Stat. 3130, as amended by Pub. L. 97–390, §3, Dec. 29, 1982, 96 Stat. 1958, provided: “That the Architect of the Capitol is authorized to acquire on behalf of the United States by purchase, condemnation, transfer, or otherwise, as an addition to the grounds of the United States Supreme Court Building, all privately owned real property contained in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia, as such lots appear on the records in the office of the Surveyor of the District of Columbia as of the date of the enactment of this Act [Dec. 15, 1980].

Sec. 2. The acquisition of real property under this Act shall be conducted in accordance with the Act entitled ‘Uniform Relocation Assistance and Land Acquisition Policies Act of 1970’, Public Law 91–646, approved January 2, 1971 [42 U.S.C. 4601 et seq.], and any proceeding for condemnation brought in its course shall be conducted in accordance with the Act entitled ‘An Act to provide for the acquisition of land in the District of Columbia for the use of the United States’, approved March 1, 1929 (16 D.C. Code, secs. 1351–1368).

Sec. 3. Upon acquisition of such real property by the Architect of the Capitol, on behalf of the United States, such property shall become a part of the grounds of the United States Supreme Court Building and shall be subject to all of the provisions of the Act entitled ‘An Act to provide for the custody and maintenance of the United States Supreme Court Building and the equipment and grounds thereof’, approved May 7, 1934 (40 U.S.C. 13a–13c), and section 6 of the joint resolution entitled ‘Joint resolution to provide for the use and disposition of the bequest of the late Justice Oliver Wendell Holmes to the United States, and for other purposes’, approved October 22, 1940 (40 U.S.C. 13e).

Sec. 4. The Architect of the Capitol is authorized to enter into contracts and to make expenditures for grading and paving and such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of this Act.

Sec. 5. There is hereby authorized to be appropriated the sum of $645,000 for fiscal year 1981 for the purpose of carrying out the provisions of this Act, said appropriation to remain available until expended.”

Section Referred to in Other Sections

This section is referred to in sections 13n, 136 of this title.

§14. Repealed. Oct. 31, 1951, ch. 654, §1(80), 65 Stat. 704

Section, act Feb. 13, 1923, ch. 72, 42 Stat. 1239, related to care, maintenance, etc., of Department of Commerce buildings.

§14a. Repealed. Pub. L. 92–317, §3(f), June 22, 1972, 86 Stat. 235

Section, act Apr. 29, 1926, ch. 195, title III, 44 Stat. 356, related to care, maintenance etc., of Bureau of Standards building. See section 278e of Title 15, Commerce and Trade.

§§15 to 18. Repealed. Oct. 31, 1951, ch. 654, §1(80), (81), 65 Stat. 704

Section 15, acts Feb. 13, 1923, ch. 72, 42 Stat. 1239; Feb. 26, 1925, ch. 339, §§1–6, 43 Stat. 983, 984; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Labor Department Buildings to the Federal Works Administrator.

Section 16, acts Apr. 4, 1924, ch. 84, title I, 43 Stat. 66; Feb. 26, 1925, ch. 339, §§1–6, 43 Stat. 983, 984; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Treasury Department Annex building to the Federal Works Administrator.

Section 17, acts Feb. 13, 1923, ch. 72, 42 Stat. 1240; Feb. 26, 1925, ch. 339, §§1–6, 43 Stat. 983, 984; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Civil Service Commission buildings to the Federal Works Administrator.

Section 18, acts Feb. 13, 1923, ch. 72, 42 Stat. 1240; Feb. 26, 1925, ch. 339, §§1–6, 43 Stat. 983, 984; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Interstate Commerce Commission buildings to the Federal Works Administrator.

§18a. Repealed. May 27, 1930, ch. 341, 46 Stat. 394

Section, act Mar. 4, 1929, ch. 707, §1, 45 Stat. 1625, related to care, maintenance, etc., of Mount Weather, Virginia.

§19. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law; eviction of trespassers

The Administrator of General Services shall have charge of the public buildings and grounds in the District of Columbia, under such regulations as may be prescribed by the President, except those buildings and grounds which are otherwise provided for by law; and when it shall be made to appear to the said Administrator of General Services, or to the officer under his direction having immediate charge of said public buildings and grounds, that any person or persons is in unlawful occupation of any portion of said public lands in the District of Columbia, it shall be the duty of said officer in charge thereof to notify the marshal of the District of Columbia in writing of such unlawful occupation, and the said marshal shall thereupon cause the said trespasser or trespassers to be ejected from said lands, and shall restore possession of the same to the officer charged by law with the custody thereof.

(R.S. 1797; Apr. 28, 1902, ch. 594, 32 Stat. 152; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, §303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, §2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.)

Codification

R.S. §1797 derived from acts Aug. 4, 1854, ch. 242, §15, 10 Stat. 573; Mar. 2, 1867, ch. 167, §2, 14 Stat. 466; Feb. 14, 1874, ch. 22, 18 Stat. 14.

R.S. §1797, as amended by act Apr. 28, 1902, gave the charge of public buildings and grounds in the District of Columbia to the Chief of Engineers. The former contained only the provision that the Chief of Engineers should have charge of public buildings and grounds and ended with the words, “otherwise provided for by law.” The amendatory act of 1902 added the provisions beginning with the words, “and when it shall be made to appear,” etc., to the end of the section.

Transfer of Functions

Functions with respect to the operation, maintenance, and custody of office buildings owned by Government and of office or parts thereof acquired by lease, including those post-office buildings which, as determined by Director of Bureau of the Budget, are not used predominantly for post-office purposes, with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by section 2 of Reorg. Plan No. 18 of 1950, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan.

Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act.

Functions of Director of National Park Service relating to public buildings transferred to Federal Works Administrator by section 303(b) of Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. Sections 301 and 303 of that Plan also transferred Public Buildings Branch of Procurement Division in Treasury Department, to Public Buildings Administration, at head of which was Commissioner of Public Buildings who acted under direction and supervision of Federal Works Administrator.

Office of Public Buildings and Public Parks of National Capital abolished and functions thereof transferred to Office of National Parks, Buildings and Reservations of Department of the Interior by Ex. Ord. No. 6166, set out as a note under section 901 of Title 5. Name of Office of National Parks, Buildings and Reservations changed to “National Park Service” by act Mar. 2, 1934.

Office of Public Buildings and Grounds under Chief of Engineers abolished and functions of Chief of Engineers and of Secretary of War with respect thereto transferred to Director of Public Buildings and Public Parks of National Capital by act Feb. 26, 1925.

Effective Date of Transfer of Functions

Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title.

Transfer of Title of Wholly Owned Government Corporations’ Buildings; Control and Allotment of Space

Act July 30, 1947, ch. 358, title III, §306, 61 Stat. 584, provided in part: “Title to all office buildings at the seat of government, which are owned by wholly owned Government corporations, and all right, title, or interest of such corporations in the land upon which such buildings are located are hereby transferred to the United States, and the Secretary of the Treasury is authorized and directed to discharge the indebtedness to the Treasury of any corporation holding such rights, title, or interests in any such land or building to the value thereof as determined by the Secretary of the Treasury as of the date of transfer: Provided, That in case of disagreement on the part of the head of the Corporation with respect to said value as determined, the Administrator of the Federal Works Agency shall make a final determination of the property value. Hereafter, such buildings shall be controlled and managed in the same manner as prescribed in the Act of March 1, 1919, as amended (former section 1 of this title).”

Cross References

Draping of public buildings in mourning, see section 286 of this title.

Improper use of streets, see section 66 of this title.

Lease of building space by wholly owned Government corporations, and rental, see section 129 of this title.

Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title.

Use of buildings for public ceremonies, see section 31 of this title.

Vending stands for blind in Federal buildings, see section 107 et seq. of Title 20, Education.

§§20, 21. Repealed. Oct. 31, 1951, ch. 654, §1(79), (82), 65 Stat. 704

Section 20, R.S. §1812, related to an annual report of operations in connection with public buildings and grounds. See section 492 of this title.

Section 21, act May 24, 1922, ch. 199, 42 Stat. 554, related to manufacture and sale of ice, electricity, and steam to executive departments and independent agencies.

§22. Omitted

Codification

Section, acts June 23, 1913, ch. 3, 38 Stat. 25; June 12, 1917, ch. 27, 40 Stat. 112; July 3, 1930, ch. 846, 46 Stat. 907, authorized construction of a central heating, lighting, and power plant to furnish heat, light, and power for certain buildings in Washington, D.C.

Act June 12, 1917, ch. 27, 40 Stat. 112, authorized Secretary of the Treasury, in his discretion, to include among the buildings supplied by the central heating, lighting, and power plant, the Pan American Building, the building occupied by the Civil Service Commission, and the municipal fish market.

Act Mar. 4, 1931, ch. 522, 46 Stat. 1604, provided an appropriation for a central heating plant for buildings in the Triangle, the Treasury group, Museum group, Department of Agriculture group, Bureau of Engraving and Printing group, and the Washington Monument, in lieu of the requirement under act June 23, 1913, supra, as amended.

Act Mar. 3, 1933, ch. 212, 47 Stat. 1502, purported to amend act Mar. 4, 1931, supra, “so as to include the Pan American Union Buildings, old and new, and the American Red Cross Building: Provided, That the Pan American Union and the American Red Cross agree (a) to reimburse the United States for the cost of connecting such buildings with the Government mains, and (b) to pay for heat furnished at such rates, not less than cost, as may be determined by the Secretary of the Treasury.”

§22a. Heat for Corcoran Gallery of Art

The Administrator of General Services is authorized to furnish heat from the Central Heating Plant to the Corcoran Gallery of Art: Provided, That the proper authority of such institution agrees (a) to pay for heat furnished at such rates, not less than cost, as may be determined by the Administrator of General Services, and (b) to connect such building with the Government mains in a manner satisfactory to the Administrator of General Services.

(June 19, 1934, ch. 648, title I, 48 Stat. 1044; 1939 Reorg. Plan No. I, §§301, 303, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, §2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.)

Transfer of Functions

For transfer of functions to General Services Administrator, see note set out under section 19 of this title.

This section originally authorized Treasury Department to furnish heat from Central Heating Plant under act June 19, 1934. Public Buildings Branch of Procurement Division in Treasury Department and its functions and personnel transferred to Public Buildings Administration of Federal Works Agency by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

Cross References

Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title.

§22b. Heat for Board of Governors of the Federal Reserve System

The Administrator of General Services is authorized to furnish steam from the central heating plant for the use of the Board of Governors of the Federal Reserve System on the property which has been acquired by it in squares east of 87 and east of 88 in the District of Columbia: Provided, That the Board of Governors of the Federal Reserve System agrees to pay for the steam furnished at reasonable rates, not less than cost, as may be determined by the Administrator of General Services: Provided further, That the Board of Governors of the Federal Reserve System agrees to provide the necessary connections with the Government mains at its own expense and in a manner satisfactory to the Administrator of General Services.

(June 27, 1935, ch. 320, §1, 49 Stat. 425; Aug. 23, 1935, ch. 614, §203(a), 49 Stat. 704; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, §2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.)

Change of Name

Section 203(a) of act Aug. 23, 1935, changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System.

Transfer of Functions

For transfer of functions to General Services Administrator, see note set out under section 19 of this title.

This section originally authorized Secretary of the Interior through National Park Service to furnish heat from Central Heating Plant under act June 27, 1935. Branch of Buildings Management of National Park Service and its functions and personnel transferred to Public Buildings Administration of Federal Works Agency by Reorg. Plan. No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

Repeal of Inconsistent Acts

Section 3 of act June 27, 1935 provided that: “All Acts and parts of Acts which may be inconsistent or in conflict with this Act [enacting this section and section 22c of this title] are hereby repealed to the extent of such inconsistency or conflict.”

Cross References

Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title.

§22c. Rates for heat for non-Federal public buildings

On and after June 27, 1935 the rates to be paid for steam furnished to the Corcoran Gallery of Art, the buildings, old and new, of the Pan American Union, the American Red Cross Buildings, and such other non-Federal public buildings as are or hereafter may be authorized to receive steam from the central heating plant shall be determined by the Administrator of General Services.

(June 27, 1935, ch. 320, §2, 49 Stat. 425; 1939 Reorg. Plan No. I, §303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, §2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.)

Transfer of Functions

For transfer of functions to General Services Administrator, see note set out under section 19 of this title.

This section originally provided that Secretary of the Interior should determine rates to be paid for steam. Functions of Secretary of the Interior relating to administration of functions of Branch of Buildings Management transferred to Federal Works Administrator by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

Cross References

Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title.

§§23, 24. Repealed. Pub. L. 86–249, §17(1), (2), Sept. 9, 1959, 73 Stat. 484

Section 23, act Sept. 1, 1916, ch. 433, §6, 39 Stat. 716, prescribed maximum rates payable to Washington Gas Light Company or Georgetown Gas Light Company for gas used in any public buildings of the United States or the District of Columbia.

Section 24, act Mar. 4, 1911, ch. 285, 36 Stat. 1404, related to sum payable for lighting gas and electric lamps in public grounds.

Savings Provision

Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86–249, set out as a note under section 341 of this title.

§§25 to 27. Omitted

Codification

Section 25, act Mar. 15, 1934, ch. 70, title I, 48 Stat. 442, related to amount to be paid as rentals for gas governors in certain public buildings, and was not repeated in subsequent appropriations acts.

Section 26, act Apr. 17, 1936, ch. 233, 49 Stat. 1224, related to inspection of gas and electric meters, and was not repeated in subsequent appropriations acts.

Section 27, acts July 31, 1876, ch. 246, 19 Stat. 115; Mar. 3, 1877, ch. 105, 19 Stat. 359; June 10, 1921, ch. 18, §§301, 304, 42 Stat. 23, 24, related to reports of gas consumption.

§27a. Repealed. Oct. 31, 1951, ch. 654, §1(83), 65 Stat. 704

Section, act Aug. 9, 1937, ch. 570, 50 Stat. 608, related to monthly reports of consumption of gas and electricity to General Accounting Office.

§§28 to 30a. Omitted

Codification

Section 28, acts Feb. 4, 1874, ch. 22, 18 Stat. 14; June 20, 1874, ch. 328, 18 Stat. 88; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Or. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389, related to telegraph lines connecting the Capitol with various departments in Washington.

Section 29, acts Mar. 7, 1874, ch. 50, 18 Stat. 20, restricted use of telegraph lines to certain authorized persons.

Section 30, acts Mar. 3, 1879, ch. 182, 20 Stat. 388; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Or. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389, related to sale of condemned materials or lines.

Section 30a, acts Dec. 20, 1928, ch. 39, title I, 45 Stat. 1048; Mar. 15, 1930, ch. 289, title I, 46 Stat. 358; Feb. 23, 1931, ch. 277, title I, 46 Stat. 1235; July 5, 1932, ch. 430, title I, 47 Stat. 596; Mar. 3, 1933, ch. 212, title I, 47 Stat. 1506; Mar. 15, 1934, ch. 70, title I, 48 Stat. 442, authorized Secretary of the Treasury to contract for telephone service in public buildings under the control of Treasury Department.

§31. Use of public buildings for public ceremonies

No public building, or the approaches thereto, other than the Capitol Building and the White House, in the District of Columbia, shall be used or occupied in any manner whatever in connection with ceremonies attending the inauguration of President of the United States or other public function, except as may be expressly authorized by law.

(Apr. 28, 1902, ch. 594, 32 Stat. 152.)

§§32, 33. Repealed. Pub. L. 86–249, §17(3), (4), Sept. 9, 1959, 73 Stat. 484

Section 32, act July 15, 1870, ch. 293, 16 Stat. 311, related to alterations or work on Treasury Building. See section 601 et seq. of this title.

Section 33, act Mar. 4, 1907, ch. 2918, §9, 34 Stat. 1371; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; act June 30, 1949, ch. 288, title I, §103, 63 Stat. 380; 1950 Reorg. Plan No. 18, §2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, restricted expenditures for production of electricity.

Savings Provision

Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86–249, set out as a note under section 341 of this title.

§33a. Omitted

Codification

Section, Pub. L. 87–125, title V, §507, Aug. 3, 1961, 75 Stat. 283, which prohibited use of funds available to wholly owned Government corporations for purchase or construction of office buildings without specific authority in law, was from the General Government Matters, Department of Commerce, and Related Agencies Appropriation Act, 1962, and was not repeated in subsequent appropriation acts.

Similar provisions were contained in the following prior appropriations acts:

July 12, 1960, Pub. L. 86–642, title II, §207, 74 Stat. 478.

July 8, 1959, Pub. L. 86–79, title II, §207, 73 Stat. 166.

June 25, 1958, Pub. L. 85–468, title II, §207, 72 Stat. 225.

June 5, 1957, Pub. L. 85–48, title II, §207, 71 Stat. 54.

June 13, 1956, ch. 385, title II, §207, 70 Stat. 281.

June 29, 1955, ch. 226, title II, §207, 69 Stat. 196.

Aug. 26, 1954, ch. 935, ch. XIII, §1307, 68 Stat. 829.

Aug. 7, 1953, ch. 340, ch. XIII, §1307, 67 Stat. 436.

July 15, 1952, ch. 758, ch. XIV, §1407, 66 Stat. 660.

Nov. 1, 1951, ch. 664, ch. XIII, §1307, 65 Stat. 756.

Sept. 6, 1950, ch. 869, title XII, §1207, 64 Stat. 764.

Aug. 24, 1949, ch. 506, title III, §307, 63 Stat. 662.

June 30, 1948, ch. 773, title III, §302, 62 Stat. 1194.

July 30, 1947, ch. 358, title III, §302, 61 Stat. 583.

July 20, 1946, ch. 589, title III, §302, 60 Stat. 595.

§34. Rent of buildings in District of Columbia; contracts not to be made until appropriation

No contract shall be made for the rent of any building, or part of any building, to be used for the purposes of the Government in the District of Columbia, until an appropriation therefor shall have been made in terms by Congress, and this clause shall be regarded as notice to all contractors or lessors of any such building or any part of building.

(Mar. 3, 1877, ch. 106, 19 Stat. 370.)

Cross References

Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title.

Section inapplicable to lease-purchase contracts, see section 356 of this title.

Section Referred to in Other Sections

This section is referred to in section 356 of this title; title 15 section 2076; title 19 section 2081; title 26 section 7608; title 42 sections 242b, 282, 285a–2, 285b–3, 299c–4, 300cc–41, 1532, 2473.

§35. Rent of other buildings

Where buildings are rented for public use in the District of Columbia, the executive departments are authorized, whenever it shall be advantageous to the public interest, to rent others in their stead: Provided, That, except as otherwise provided, no increase in the number of buildings in use, nor in the amounts paid for rents, shall result therefrom.

(Aug. 5, 1882, ch. 389, 22 Stat. 241.)

Codification

Act Aug. 5, 1882, did not contain “except as otherwise provided,”. The word “now” after “buildings” in the proviso was eliminated.

Section is based on Legislative, Executive, and Judicial Appropriation Act of Aug. 5, 1882, fiscal year 1883.

Cross References

Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title.

§36. Repealed. Pub. L. 85–493, §2, July 2, 1958, 72 Stat. 294

Section, acts Mar. 2, 1913, ch. 93, 37 Stat. 718; June 14, 1946, ch. 404, §6, 60 Stat. 258; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380, authorized the Commissioner of Public Buildings to enter into leases for periods not exceeding five years. See section 490 of this title.

§37. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section, acts July 9, 1918, ch. 143, 40 Stat. 861; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501, authorized Secretary of the Army to lease buildings in District of Columbia. See sections 4780 and 9780 of Title 10, Armed Forces.

§37a. Repealed. Pub. L. 85–493, §2, July 2, 1958, 72 Stat. 294

Section, acts June 16, 1949, ch. 218, title IV, §407, 63 Stat. 199; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380; Aug. 9, 1955, ch. 629, 69 Stat. 552, which authorized Commissioner of Public Buildings to lease additional space in District of Columbia for periods not in excess of five years. See section 490 of this title.

§§38 to 40. Omitted

Codification

Section 38, act Mar. 4, 1913, ch. 142, 37 Stat. 771, related to temporary rental of a building for Navy Department.

Section 39, act May 10, 1916, ch. 117, 39 Stat. 109, related to temporary rental of a building for Department of Justice.

Section 40, act May 10, 1916, ch. 117, 39 Stat. 118, related to temporary rental of a building for Department of Labor.

§40a. Transferred

Codification

Section, acts June 30, 1932, ch. 314, §322, 47 Stat. 412; Mar. 3, 1933, ch. 212, title II, §15, 47 Stat. 1517, which related to maximum rental for lease of buildings to the Government, was transferred to section 278a of this title and was subsequently repealed.

§41. Repealed. Pub. L. 85–861, §36A, Sept. 2, 1958, 72 Stat. 1569

Section, acts July 8, 1918, ch. 139, 40 Stat. 826; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501, related to requisition of buildings in District of Columbia by Secretary of the Army. See sections 4780 and 9780 of Title 10, Armed Forces.

§42. Rooms and accommodations for Office of Personnel Management

It shall be the duty of the Administrator of General Services to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated, and lighted, at the city of Washington, for carrying on the work of the Office of Personnel Management and the examinations provided for in sections 3304 and 3305 of title 5, and to cause the necessary stationery and other articles to be supplied and the necessary printing to be done for the said Office.

(Jan. 16, 1883, ch. 27, §4, 22 Stat. 405; May 29, 1920, ch. 214, 41 Stat. 642; 1950 Reorg. Plan No. 18, §§1, 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)

Codification

The words “the examinations provided for in sections 3304 and 3305 of title 5” were substituted for “said examinations”, meaning the examinations provided for in section 3 of act Jan. 16, 1883, to reflect the enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Amendments

1920—Act May 29, 1920, transferred the duty under this section, as enacted originally, from the Secretary of the Interior to the Civil Service Commission.

Transfer of Functions

“Office of Personnel Management” and “said Office” substituted in text for “Civil Service Commission” and “said commission”, respectively, pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

Functions with respect to acquiring space in buildings by lease, functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), and functions with respect to operation, maintenance, and custody of office buildings owned by Government and of office buildings or parts thereof acquired by lease, including those post-office buildings which, as determined by Director of Bureau of the Budget, are not used predominantly for post-office purposes, with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by sections 1 and 2 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan.

Cross References

Contracts for rent precluded until specific appropriations therefor are made, see section 34 of this title.

Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title.

Office of Personnel Management, organization of, see section 1101 et seq. of Title 5, Government Organization and Employees.

§43. Advertisements and sales in or around Washington Monument

No advertisement of any kind shall be displayed and no articles of any kind shall be sold in or around the Washington Monument, except upon the written authority of the Director of the National Park Service.

(Mar. 4, 1909, ch. 299, 35 Stat. 997; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.)

Codification

Section is based on act Mar. 4, 1909, which appropriated funds for care and maintenance of the Washington Monument.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Feb. 9, 1909, ch. 101, 35 Stat. 615.

May 27, 1908, ch. 200, 35 Stat. 357.

Change of Name

Act Mar. 2, 1934, changed name of Office of National Parks, Buildings, and Reservations of Department of the Interior to National Park Service.

Transfer of Functions

Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, Government Organization and Employees, abolished Office of Public Buildings and Public Parks of National Capital and transferred its functions to Office of National Parks, Buildings, and Reservations of Department of the Interior.

Act Feb. 26, 1925, transferred functions of Secretary of War under this section, as enacted originally, to Directors of Public Buildings and Public Parks of National Capital.

§44. Repealed. Oct. 31, 1951, ch. 654, §1(84), 65 Stat. 704

Section, act June 30, 1906, ch. 3912, 34 Stat. 659, related to control of fishponds in the Monument Grounds, grounds around them, and buildings thereon.

§45. Chief of Engineers; charge of Washington Aqueduct and other public works

The Chief of Engineers shall have the immediate superintendence of the Washington Aqueduct, together with all rights, appurtenances, and fixtures connected with the same, and belonging to the United States, and of all other public works and improvements in the District of Columbia in which the Government has an interest, and which are not otherwise specially provided for by law.

(R.S. §1800.)

Codification

R.S. §1800 derived from acts Mar. 3, 1859, ch. 84, §1, 11 Stat. 435; June 25, 1860, ch. 211, §1, 12 Stat. 106; Mar. 2, 1867, ch. 167, §2, 14 Stat. 466; Mar. 30, 1867, ch. 20, §3, 15 Stat. 12.

Act Mar. 2, 1927, ch. 271, 44 Stat. 1331, which was the District of Columbia Appropriation Act for the fiscal year 1928, provided that nothing therein should be construed as affecting the superintendence and control of the Secretary of War over said aqueduct.

Section Referred to in Other Sections

This section is referred to in section 48 of this title.

§46. Compensation of Chief of Engineers

The Chief of Engineers shall receive no compensation, other than his regular pay as an officer of the Corps of Engineers, for the services required of him under the provisions of title 21 of the Revised Statutes.

(R.S. §1807.)

References in Text

Title 21 of the Revised Statutes, referred to in text, was in the original “this Title”, meaning title 21 of the Revised Statutes, comprising R.S. §§1795 to 1835, which were classified to sections 49 to 52 of former Title 3, The President, sections 6 and 7 of former Title 4, Flag and Seal, Seat of Government and the States, section 702 of former Title 18, Criminal Code and Criminal Procedure, and sections 8, 19, 20, 45 to 52, 54 to 58, 66, 102, 166, 170, 187 to 189, 193, 206, 207, 208, 210, 211, 215, 216, 218 to 221 of this title. Such sections 49 to 52 of former Title 3 were repealed by act June 25, 1948, ch. 644, §3, 62 Stat. 672, and are covered by sections 109 and 110 of revised Title 3. Such sections 6 and 7 of former Title 4 were repealed by act July 30, 1947, ch. 389, §2, 61 Stat. 645, and are covered by sections 71 and 72 of revised Title 4. Such section 702 of former Title 18 was repealed by act June 25, 1948, ch. 645, §21, eff. Sept. 1, 1948, as covered by D.C. Code, 1940, §24–416. Such sections 8, 20, and 218 to 220 of this title were repealed by act Oct. 31, 1951, ch. 654, §§1(75)–(80), (82), 3(19)–(21), 65 Stat. 704, 709. Such sections 57, 58, and 221 of this title were omitted from the Code. See notes thereunder.

Codification

R.S. §1807 derived from act Mar. 3, 1859, ch. 84, §1, 11 Stat. 435.

§47. Apartments of Chief of Engineers

The Chief of Engineers shall be furnished official apartments in one of the public buildings in the city of Washington, as may be directed by the Administrator of General Services, and shall be supplied by the Government with the stationery, instruments, books, and furniture which may be required for the performance of his duties.

(R.S. §1808; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380.)

Codification

R.S. §1808 derived from act Mar. 3, 1859, ch. 84, §1, 11 Stat. 435.

Repeals

Section 10 of act Mar. 1, 1919, ch. 86, 40 Stat. 1269, formerly set out as a credit to this section, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644.

Transfer of Functions

Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings and Public Buildings Administration abolished by section 103(b) of act June 30, 1949.

R.S. §1808 provided that official apartments should be furnished to the Chief of Engineers at the direction of the President. The function of allotment of space in public buildings in the District of Columbia was placed in the Public Buildings Commission by act Mar. 1, 1919, ch. 86, §10, 40 Stat. 1269.

Effective Date of Transfer of Functions

Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title.

Cross References

Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title.

§48. Obedience to President by Chief of Engineers

The Chief of Engineers shall obey, in the discharge of the duties mentioned in section 45 of this title, such regulations, pursuant to law, as may be prescribed by the President, through the Department of the Army.

(R.S. §1801; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Codification

R.S. §1801 derived from acts May 2, 1828, ch. 45, §4, 4 Stat. 266; Mar. 3, 1859, ch. 84, §1, 11 Stat. 435; June 25, 1860, ch. 211, §1, 12 Stat. 106; Mar. 30, 1867, ch. 20, §3, 15 Stat. 12.

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

§49. Record of property by Chief of Engineers

The Chief of Engineers shall keep in his office a complete record of all the lands and other property connected with or belonging to the Washington Aqueduct and other public works under his charge, together with accurate plans and surveys of the public grounds and reservations in the District of Columbia.

(R.S. §1809.)

Codification

R.S. §1809 derived from act Mar. 3, 1859, ch. 84, §1, 11 Stat. 435.

§50. Reports by Chief of Engineers

The Chief of Engineers shall, as superintendent of the Washington Aqueduct, annually submit to the Secretary of the Army, within nine months after the end of the fiscal year, a report of the Chief of Engineers’ operations for that year and a report of the condition, progress, repairs, casualties, and expenditures of the Washington Aqueduct and other public works under the Chief of Engineers’ charge.

(R.S. §1812; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Oct. 19, 1980, Pub. L. 96–470, title II, §202(a), 94 Stat. 2242.)

Codification

R.S. §1812 derived from acts Mar. 3, 1829, ch. 51, §3, 4 Stat. 363; Aug. 4, 1854, ch. 242, §15, 10 Stat. 573; Mar. 3, 1859, ch. 84, §1, 11 Stat. 435; June 25, 1860, ch. 211, §1, 12 Stat. 106.

Provisions of this section which authorized the Chief of Engineers, as Superintendent of Public Buildings and Grounds, to report to the Secretary of War [Army] concerning the Chief of Engineers’ operations for the preceding year including an account of the manner in which all appropriations for public buildings and grounds had been applied, were omitted in view of the abolishment of the Office of Public Buildings and Grounds under the Chief of Engineers and the transfer of the functions of the Chief of Engineers and the Secretary of War with respect thereto to the Director of Public Buildings and Public Parks of the National Capital by act Feb. 26, 1925, ch. 339, §3, 43 Stat. 983.

Amendments

1980—Pub. L. 96–470 substituted “within nine months after the end of the fiscal year, a report of the Chief of Engineers’ operations for that year” for “in time to accompany the annual message of the President to Congress, a report of his operations for the preceding year” and “the Chief of Engineers’ charge” for “his charge”.

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

§51. Authority of Chief of Engineers

The Chief of Engineers and his necessary assistants are empowered to use all lawful means for the discharge of their duties; and, particularly, he shall have full control over the Washington Aqueduct, to regulate the manner in which the authorities of the District of Columbia may tap the supply of water to the inhabitants thereof; and he shall stop the same whenever it is found to be no more than adequate to the wants of the public buildings and grounds.

(R.S. §1810.)

Codification

R.S. §1810 derived from acts May 2, 1828, ch. 45, §4, 4 Stat. 266; Mar. 3, 1859, ch. 84, §1, 11 Stat. 435.

Section Referred to in Other Sections

This section is referred to in section 52 of this title.

§52. Appeal to Secretary of the Army by Chief of Engineers

The decision of the Chief of Engineers on all questions concerning the supply of water, as provided in section 51 of this title, shall be subject to appeal to the Secretary of the Army only.

(R.S. §1811; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Codification

R.S. §1811 derived from act Mar. 3, 1859, ch. 84, §1, 11 Stat. 435.

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

§53. Repealed. Pub. L. 94–587, §165, Oct. 22, 1976, 90 Stat. 2934

Section, acts Sept. 1, 1916, ch. 433, 39 Stat. 693; Mar. 4, 1942, ch. 129, 56 Stat. 123, authorized Chief of Engineers of Department of the Army to enforce traffic regulations for protection of Washington Aqueduct and Filtration Plant, provided for imposition of fines ranging from $1 to $40, specified tribunals for conduct of prosecutions in District of Columbia and State of Maryland, and authorized arresting officers to parole arrested persons for attendance at trial.

§53a. MacArthur Boulevard; jurisdiction and control

Jurisdiction and control over MacArthur Boulevard for its full width in the District of Columbia between Foxhall Road and the District line, excepting a strip nineteen feet wide within the lines of said road, the center of which is coincident with the center of the water supply conduit, is transferred from the Secretary of the Army to the Council of the District of Columbia, and property abutting thereon shall be subject to any and all lawful assessments which may be levied by the said council for public improvements, the same as other private property in the District of Columbia: Provided, That all municipal laws and regulations shall apply to the entire width of the said road in the District of Columbia in the same degree that they apply to other streets and highways in the said District.

(May 22, 1926, ch. 372, 44 Stat. 627; Mar. 4, 1942, ch. 129, 56 Stat. 123; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; 1967 Reorg. Plan No. 3, §402(172), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §401, 87 Stat. 785.)

Codification

Section is also set out in D.C. Code, §7–1401.

Amendments

1942—Act Mar. 4, 1942, changed name of Conduit Road to MacArthur Boulevard.

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Transfer of Functions

“Council of the District of Columbia” substituted in text for “District of Columbia Council” pursuant to section 401 of Pub. L. 93–198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, classified to section 1–211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198, classified to section 1–221 of the District of Columbia Code.

Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(172) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the jurisdiction and control over MacArthur Boulevard (formerly Conduit Road) and the levying of assessments for public improvements under this section to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967.

§54. Moneys for public works; expenditure

All moneys appropriated for the Washington Aqueduct, and for the other public works in the District of Columbia, not otherwise expressly provided for by law, shall be expended under the direction of the Secretary of the Army.

(R.S. §1802; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Codification

R.S. §1802 derived from acts Mar. 3, 1859, ch. 84, §1, 11 Stat. 435; June 18, 1862, No. 36, 12 Stat. 620; Mar. 30, 1867, ch. 20, §3, 15 Stat. 12.

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

§55. Mains or pipes; laying for use of public buildings

No greater number of main pipes of the Washington Aqueduct shall be laid at the expense of the United States than are sufficient to furnish the public buildings, offices, and grounds with the necessary supply of water. The cost of any main pipe, for the supply of water to the inhabitants of Washington, must be paid by the District of Columbia, in the manner provided by law.

(R.S. §1805; Feb. 11, 1895, ch. 79, 28 Stat. 650.)

Codification

R.S. §1805 derived from act Mar. 3, 1859, ch. 84, §6, 11 Stat. 436.

Section is also set out in D.C. Code, §43–1549.

§56. Unauthorized opening

No person, unless by consent of the Chief of Engineers, shall tap or open the mains or pipes laid or hereafter to be laid by the United States, under a penalty of not less than $50 nor more than $500.

(R.S. §1803; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983.)

Codification

The words “in charge of public buildings and works” which followed “Chief of Engineers” were omitted in view of the abolition of the Office of Public Buildings and Grounds under the Chief of Engineers and the transfer of certain functions of the Chief of Engineers to the Director of Public Buildings and Grounds of the National Capital by act Feb. 26, 1925, ch. 339, §3, 43 Stat. 983. For further details, see notes set out under section 19 of this title.

R.S. §1803 derived from act Mar. 3, 1859, ch. 84, §5, 11 Stat. 436.

Section is also set out in D.C. Code, §43–1550.

§§57, 58. Omitted

Codification

Section 57, R.S. §1804; act Feb. 11, 1895, ch. 79, 28 Stat. 650, which related to punishment for breaking or destroying pipes, hydrants, etc., in the city of Washington, was omitted as not having general applicability. See section 43–1548 of the District of Columbia Code.

Section 58, R.S. §1806; act Feb. 11, 1895, ch. 79, 28 Stat. 650, which related to punishment for maliciously making water impure in the city of Washington, was omitted as not having general applicability. See section 22–3118 of the District of Columbia Code.

§59. Repealed. Pub. L. 86–249, §17(5), Sept. 9, 1959, 73 Stat. 484

Section, act Mar. 3, 1883, ch. 143, 22 Stat. 615, provided for shutting off of water in public buildings in District of Columbia.

Savings Provision

Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86–249, set out as a note under section 341 of this title.

§60. Omitted

Codification

Section, act July 1, 1898, ch. 543, §1, 30 Stat. 570, which related to street parking in the District of Columbia, was omitted as not having general applicability. See section 8–106 of the District of Columbia Code.

§60a. Reservation of parking spaces for Members of Congress

On and after June 29, 1956, the Council of the District of Columbia is authorized and directed to designate, reserve, and properly mark appropriate and sufficient parking spaces on the streets adjacent to all public buildings in the District for the use of Members of Congress engaged on public business.

(June 29, 1956, ch. 479, 70 Stat. 447; 1967 Reorg. Plan No. 3, §402(300), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §401, 87 Stat. 785.)

Codification

Section is from the District of Columbia Appropriation Act, 1957.

Section is also set out in D.C. Code, §40–710.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

July 5, 1955, ch. 272, 69 Stat. 254.

July 1, 1954, ch. 499, 68 Stat. 386.

July 31, 1953, ch. 299, 67 Stat. 290.

July 5, 1952, ch. 576, 66 Stat. 385.

Aug. 3, 1951, ch. 292, 65 Stat. 167.

July 18, 1950, ch. 467, 64 Stat. 364.

June 29, 1949, ch. 279, 63 Stat. 319.

June 19, 1948, ch. 555, 62 Stat. 553.

July 25, 1947, ch. 324, 61 Stat. 443.

July 9, 1946, ch. 544, 60 Stat. 518.

June 30, 1945, ch. 209, 59 Stat. 289.

June 28, 1944, ch. 300, 58 Stat. 526.

July 1, 1943, ch. 184, 57 Stat. 338.

June 27, 1942, ch. 452, 56 Stat. 451.

July 1, 1941, ch. 271, 57 Stat. 529.

June 12, 1940, ch. 333, 54 Stat. 334.

July 15, 1939, ch. 281, 53 Stat. 1033.

Transfer of Functions

“Council of the District of Columbia” substituted in text for “District of Columbia Council” pursuant to section 401 of Pub. L. 93–198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, classified to section 1–211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198, classified to section 1–221 of the District of Columbia Code.

Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(300) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to designating and reserving parking spaces for the use of members of the Congress under this section to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967.

§§61 to 63. Omitted

Codification

Section 61, act Feb. 22, 1921, ch. 70, 41 Stat. 1117, which related to jurisdiction and control of the Francis Scott Key Bridge, was omitted as not having general applicability. See section 7–507 of the District of Columbia Code.

Section 62, act Feb. 28, 1923, ch. 148, 42 Stat. 1338, which related to jurisdiction and control of the Highway Bridge, was omitted as not having general applicability. See section 7–511 of the District of Columbia Code.

Section 63, act June 7, 1924, ch. 302, 43 Stat. 550, which related to construction and repair of bridges over railway and canal right of ways in the District of Columbia, was omitted as not having general applicability. See section 7–502 of the District of Columbia Code.

§64. Jurisdiction over portion of B Street

The jurisdiction over that portion of B Street west of Virginia Avenue, under the control of the Commissioners of the District of Columbia prior to May 27, 1908, shall be under the Director of the National Park Service.

(May 27, 1908, ch. 200, 35 Stat. 356; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.)

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Ex. Ord. No. 6166 abolished Office of Public Buildings and Public Parks of National Capital and transferred functions thereof to Office of National Parks, Buildings and Reservations of Department of the Interior. Act Mar. 2, 1934, changed name of latter office to National Park Service.

Act May 27, 1908, transferred jurisdiction from Commissioners of District of Columbia to Chief of Engineers. Act Feb. 26, 1925, transferred functions of latter to Director of Public Buildings and Public Parks of National Capital.

§65. Omitted

Codification

Section, R.S. §1813; act June 20, 1874, ch. 337, §2, 18 Stat. 116, which related to limitation on contracts of the District of Columbia commissioners, was omitted as not having general applicability. See section 7–625 of the District of Columbia Code.

§66. Improper appropriation of streets

The Secretary of the Interior is directed to prevent the improper appropriation or occupation of any of the public streets, avenues, squares, or reservations in the city of Washington, belonging to the United States, and to reclaim the same if unlawfully appropriated; and particularly to prevent the erection of any permanent building upon any property reserved to or for the use of the United States, unless plainly authorized by act of Congress, and to report to Congress at the commencement of each session his proceedings in the premises, together with a full statement of all such property, and how, and by what authority, the same is occupied or claimed. Nothing herein contained shall be construed to interfere with the temporary and proper occupation of any portion of such property, by lawful authority, for the legitimate purposes of the United States.

(R.S. §1818.)

Codification

R.S. §1818 derived from Res. June 30, 1864, No. 56, 13 Stat. 412.

Section is also set out in D.C. Code, §7–1409.

Cross References

Ejection of trespassers from public grounds, see section 19 of this title.

§67. Omitted

Codification

Section, acts Mar. 3, 1891, ch. 540, 26 Stat. 868; July 1, 1898, ch. 543, §3, 30 Stat. 570; June 21, 1906, ch. 3506, 34 Stat. 385; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983, which related to permits for extensions of buildings beyond the building line, was omitted as not having general applicability. See section 5–204 of the District of Columbia Code.

§68. Buildings on reservations, parks, or public grounds

On and after August 24, 1912 there shall not be erected on any reservation, park, or public grounds, of the United States within the District of Columbia, any building or structure without express authority of Congress.

(Aug. 24, 1912, ch. 355, 37 Stat. 444.)

Codification

Section is also set out in D.C. Code, §8–128.

§§69, 70. Omitted

Codification

Section 69, act Aug. 5, 1882, ch. 389, 22 Stat. 243, which related to police powers of park watchmen in District of Columbia, was omitted as not having general applicability. See section 4–201 of the District of Columbia Code.

Section 70, act Apr. 28, 1902, ch. 594, 32 Stat. 152, which related to free medical attendance for park watchmen in the District of Columbia, was omitted as not having general applicability. See section 4–204 of the District of Columbia Code.

§71. Physical development of National Capital

(a) General purposes; findings

It is the purpose of sections 71 to 71i, 72, 73, and 74 of this title to secure comprehensive planning for the physical development of the National Capital and its environs; to provide for the participation of the appropriate planning agencies of the environs in such planning; and to establish the agency and procedures requisite to the administration of the functions of the Federal and District of Columbia governments related to such planning. The Congress finds that the location of the seat of government in the District of Columbia has brought about the development of a metropolitan region extending well into adjoining territory in Maryland and Virginia; that effective comprehensive planning is necessary on a regional basis and of continuing importance to the Federal establishment; that the distribution of Federal installations throughout the region has been and will continue to be a major influence in determining the extent and character of development; that there is needed a central planning agency for the National Capital region to coordinate certain developmental activities of the many different agencies of the Federal and District Governments so that such activities may conform with general objectives; that there is an increasing mutuality of interest and responsibility between the various levels of government that calls for coordinate and unified policies in planning both Federal and local development in the interest of order and economy; that there are developmental problems of an interstate character, the planning of which requires collaboration between Federal, State, and local governments in the interest of equity and constructive action; and that the instrumentalities and procedures herein provided will aid in providing the Congress from time to time with information and advice requisite to legislation. The general objective of said sections is to enable appropriate agencies to plan for the development of the Federal establishment at the seat of government in a manner consistent with the nature and function of the National Capital and with due regard for the rights and prerogatives of the adjoining States and local governments to exercise control appropriate to their functions, and in a manner which will, in accordance with present and future needs, best promote public health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development.

(b) Definitions

As used in sections 71 to 71i, 72, 73, and 74 of this title, (1) “region” or “National Capital region” means the District of Columbia; Montgomery and Prince Georges Counties in Maryland; Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and all cities now or hereafter existing in Maryland or Virginia within the geographic area bounded by the outer boundaries of the combined area of said counties; (2) “environs” means the territory surrounding the District of Columbia included within the National Capital region; (3) “National Capital” means the District of Columbia and territory owned by the United States within the environs; and (4) “planning agency” means any city, county, bi-county, part-county, or regional planning agency authorized under State and local laws to make and adopt comprehensive plans whether or not its jurisdiction is exclusive or concurrent.

(June 6, 1924, ch. 270, §1, 43 Stat. 463; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Apr. 30, 1926, ch. 198, 44 Stat. 374; May 24, 1928, ch. 726, 45 Stat. 726; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; July 19, 1952, ch. 949, §1, 66 Stat. 781.)

Codification

Section is also set out in D.C. Code, §1–2001.

Amendments

1952—Act July 19, 1952, restated the general purposes of sections 71 to 72, 73, and 74 of this title, and substituted entirely new provisions for former provisions relating to creation and duties of the “National Capital Park and Planning Commission” which have been superseded. See sections 71a to 71i of this title.

1928—Act May 24, 1928, provided that the Director of Public Buildings and Public Parks of the National Capital should be the executive and disbursing officer of said National Capital Park and Planning Commission.

1926—Act Apr. 30, 1926, amended section generally to establish and provide for a National Capital Park and Planning Commission, and abolished the Highway Commission which had been established by section 2 of act Mar. 2, 1893, ch. 197, 27 Stat. 533.

1925—Act Feb. 26, 1925, changed the name of the officer in charge of public buildings and grounds to the Director of Public Buildings and Public Parks of the National Capital.

Short Title of 1952 Amendment

Section 2 of act July 19, 1952, provided in part that: “Sections 1 and 2 of this Act [amending this section] may be cited as the ‘National Capital Planning Act of 1952’.”

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, abolished Office of Public Buildings and Public Parks of National Capital and transferred functions thereof to Office of National Parks, Buildings and Reservations of Department of the Interior, and act Mar. 2, 1934, changed name of latter office to National Park Service.

Function of disbursement of moneys of United States by any agency except War Department, Navy Department, and Panama Canal, transferred to Treasury Department and, together with Office of Disbursing Clerk of that Department, consolidated in a Division of Disbursements, by section 4 of Ex. Ord. No. 6166 and Ex. Ord. No. 6728, May 29, 1934. Division of Disbursements consolidated in Fiscal Service by Reorg. Plan No. III of 1940, §1(a)(3), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5. See section 306 of Title 31, Money and Finance.

Study Commission To Investigate and Study Sites and Plans for Facilities and Services for Visitors and Students Coming to Washington, D.C.

Pub. L. 89–790, Nov. 7, 1966, 80 Stat. 1424, created a Study Commission to make a full and complete investigation and study of sites and plans to provide facilities and services for visitors and students coming to the Nation's Capital. The Commission was directed to report the results of its study and investigation to Congress not later than Sept. 15, 1967.

Section Referred to in Other Sections

This section is referred to in sections 71h, 71i, 72, 72a, 74 of this title.

§71a. Federal and District planning agencies in National Capital

(a)(1) National Capital Planning Commission; creation; central Federal agency; functions; excepted functions

The National Capital Planning Commission (hereinafter referred to as the “Commission”) is created as the central Federal planning agency for the Federal Government in the National Capital, and to preserve the important historical and natural features thereof, except with respect to the United States Capitol buildings and grounds as defined in sections 193a and 193m of this title, and to any extension thereof or additions thereto, or to buildings and grounds under the care of the Architect of the Capitol.

(2) Mayor of District of Columbia; central local agency; functions; excepted functions; comprehensive plan for District: procedures for citizen participation and consultations with non-Federal agencies

The Mayor of the District of Columbia (hereinafter referred to as the “Mayor”) shall be the central planning agency for the government of the District of Columbia (hereinafter referred to as the “District”) in the National Capital. The Mayor shall be responsible for coordinating the planning activities of the District government and for preparing and implementing the District elements of the comprehensive plan for the National Capital, which may include land use elements, urban renewal and redevelopment elements, a multiyear program of public works for the District, and physical, social, economic, transportation, and population elements. The Mayor's planning responsibility shall not extend to Federal or international projects and developments in the District, as determined by the Commission, or to the United States Capitol buildings and grounds as defined in sections 193a and 193m of this title, or to any extension thereof or additions thereto, or to buildings and grounds under the care of the Architect of the Capitol. In carrying out his responsibility under this section, the Mayor shall establish procedures for citizen participation in the planning process, and for appropriate meaningful consultation with any State or local government or planning agency in the National Capital region affected by any aspect of a comprehensive plan (including amendments thereto) affecting or relating to the District.

(3) Comprehensive plan for District; functions of Mayor and Council respecting impact on Federal Establishment

The Mayor shall submit each District element of the comprehensive plan and any amendment thereto, to the Council for revision or modification, and adoption, by act, following public hearings. Following adoption and prior to implementation, the Council shall submit each such element or amendment to the Commission for review and comment with regard to the impact of such element or amendment on the interests or functions of the Federal Establishment in the National Capital.

(4) Certifications; incorporation and implementation; Council's action; joint publication of Federal activities elements and District elements; time limitation extension, authority of Council; joint establishment of procedures for consultations throughout planning process

(A) The Commission shall, within sixty days after receipt of such a District element of the comprehensive plan, or amendment thereto, from the Council, certify to the Council whether such element or amendment has a negative impact on the interests or functions of the Federal Establishment in the National Capital. If within such sixty days the Commission takes no action with respect to such element or amendment, such element or amendment shall be deemed to have no such negative impact, and such element or amendment shall be incorporated into the comprehensive plan for the National Capital and shall be implemented.

(B) If the Commission finds, within such sixty days, such negative impact, it shall certify its findings and recommendations with respect to such negative impact to the Council. Upon receipt of the Commission's findings and recommendations, the Council may—

(i) reject such findings and recommendations and resubmit such element or amendment, in a modified form, to the Commission for reconsideration; or

(ii) accept such findings and recommendations and modify such element or amendment accordingly.


If the Council accepts such findings and recommendations and modifies such element or amendment under clause (ii), the Council shall submit such element or amendment to the Commission for it to determine whether such modification has been made in accordance with the Commission's findings and recommendations. If, within thirty days after receipt of the modified element or amendment, the Commission takes no action with respect to such element or amendment, it shall be deemed to have been modified in accordance with such findings or recommendations, and shall be incorporated into the comprehensive plan for the National Capital and shall be implemented. If within such thirty days, the Commission again determines such element or amendment to have a negative impact on the functions or interests of the Federal Establishment in the National Capital such element or amendment shall not be implemented.

(C) If the Council rejects the findings and recommendations of the Commission and resubmits a modified element or amendment to it under clause (i), the Commission shall, within sixty days after receipt of such modified element or amendment from the Council, determine whether such modified element or amendment has a negative impact on the interests or functions of the Federal Establishment within the National Capital. If the Commission finds such negative impact it shall certify its findings (in sufficient detail that the Council can understand the basis of the objection of the Commission) and recommendations to the Council, and such element or amendment shall not be implemented. If the Commission takes no action with respect to such modified element or amendment within such sixty days, such modified element or amendment shall be deemed to have no such negative impact and shall be incorporated into the comprehensive plan and it shall be implemented. Any element or amendment which the Commission has determined to have a negative impact on the Federal Establishment in the National Capital, and which is submitted again in a modified form not less than one year from the day it was last rejected by the Commission shall be deemed to be a new element or amendment for purposes of the review procedure specified in this section.

(D) The Commission and the Mayor shall jointly publish, from time to time as appropriate, a comprehensive plan for the National Capital, consisting of the elements of the comprehensive plan for the Federal activities in the National Capital developed by the Commission, and the District elements developed by the Mayor and the Council in accordance with the provisions of this section.

(E) The Council may grant, upon request made to it by the Commission, an extension of any time limitation contained in this section.

(F) The Commission and the Mayor shall jointly establish procedures for appropriate meaningful continuing consultation throughout the planning process for the National Capital.

(b) National Capital Planning Commission; official members; citizen members: qualifications, terms of office, vacancies, compensation

The National Capital Planning Commission shall be composed of—

(1) ex officio, the Secretary of the Interior, the Secretary of Defense, the Administrator of the General Services Administration, the Mayor, the Chairman of the Council of the District of Columbia, and the chairmen of the Committees on the District of Columbia of the Senate and the House of Representatives, or such alternates as each such person may from time to time designate to serve in his stead, and in addition,

(2) five citizens with experience in city or regional planning, three of whom shall be appointed by the President and two of whom shall be appointed by the Mayor. The citizen members appointed by the Mayor shall be bona fide residents of the District of Columbia and of the three appointed by the President at least one shall be a bona fide resident of Virginia and at least one shall be a bona fide resident of Maryland. The terms of office of the members appointed by the President shall be for six years, except that of the members first appointed, the President shall designate one to serve two years and one to serve four years. Members appointed by the Mayor shall serve for four years. The members first appointed under this section shall assume their office on January 2, 1975. Any person appointed to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The citizen members shall each receive compensation at the rate of $100 for each day such member is engaged in the actual performance of duties vested in the Commission in addition to reimbursement for necessary expenses incurred by them in the performance of such duties.

(c) Chairman; officers; Director and other personnel; employment of city planners, architects, etc.; compensation

The President shall designate the Chairman of the Commission and the Commission may elect from among its members such other officers as it deems desirable. The Commission is authorized to employ a Director, an executive officer, and such other technical and administrative personnel as it may deem necessary. Further, without regard to section 5 of title 41, the civil service and classification laws, or section 3109 of title 5, the Commission may employ, by contract or otherwise, the temporary or intermittent (not in excess of one year) services of city planners, architects, engineers, appraisers, and other experts or organizations thereof, as may be necessary to carry out its functions, and in any such case the rate of compensation shall be fixed by the Commission so as not to exceed the rate usual for similar services.

(d) Advisory and coordinating committees; participation by representatives of planning and developmental agencies

The Commission may establish, with the consent of each agency concerned as to its representation, such advisory and coordinating committees composed of representatives of such agencies of the Federal and District of Columbia Governments as may be necessary or helpful to obtain the maximum amount of cooperation and correlation of effort among the various agencies of such Governments, in order that the National Capital may be developed in accordance with the comprehensive plan. As it may deem appropriate, the Commission may invite representatives of the planning and developmental agencies of the environs to participate in the work of such committees.

(e) General scope of functions

As hereinafter more specifically described in sections 71c to 71g of this title, it shall be among the principal duties of the Commission to (1) prepare, adopt, and amend a comprehensive plan for the Federal activities in the National Capital and make related recommendations to the appropriate developmental agencies; (2) serve as the central planning agency for the Federal Government within the National Capital region, and in such capacity to review their development programs in order to advise as to consistency with the comprehensive plan; and (3) be the representative of the Federal and District Governments for collaboration with the Regional Planning Council, as hereinafter provided.

(June 6, 1924, ch. 270, §2, as added July 19, 1952, ch. 949, §1, 66 Stat. 782; amended Sept. 25, 1962, Pub. L. 87–683, 76 Stat. 575; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title II, §203(a), (b), title IV, §§401, 421, 87 Stat. 779, 782, 785, 789.)

References in Text

The civil service laws, referred to in subsec. (c), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.

The classification laws, referred to in subsec. (c), are classified generally to chapter 51 (§5101 et seq.) and to subchapter III (§5331 et seq.) of chapter 53 of Title 5.

Section 71e of this title, included within the reference in subsec. (e) to sections 71c to 71g of this title, was repealed by Pub. L. 93–198, title II, §203(e), Dec. 24, 1973, 87 Stat. 782.

Codification

In subsec. (c), “section 3109 of title 5” substituted for “section 15 of Act of August 2, 1946 (5 U.S.C. 55a)” on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Section is also set out in D.C. Code, §1–2002.

Prior Provisions

Provisions relating to the general powers and duties of the National Capital Park and Planning Commission, to which the National Capital Planning Commission succeeded under the provisions of section 71h of this title, were contained in section 71 of this title prior to amendment by act July 19, 1952.

Amendments

1973—Subsec. (a). Pub. L. 93–198, §203(a), incorporated existing subsec. (a) text in provisions designated as par. (1), made the Commission the central Federal planning agency only for the Federal Government in the National Capital, except certain areas from the Commission's jurisdiction, and added pars. (2) to (4).

Subsec. (b)(1). Pub. L. 93–198, §203(a), substituted as members ex officio: Secretary of Interior, Secretary of Defense, Administrator of General Services Administration, Commissioner, Chairman of District of Columbia Council for former such members: Chief of Engineers of Army, Engineer Commissioner of District of Columbia, Director of National Park Service, Commissioner of Public Buildings, Federal Highway Administrator, and Administrator of National Capital Transportation Agency, and substituted provision for designation of alternates for service in stead of any official for former such provision applicable only to committees on the District of Columbia of the Senate and the House of Representatives.

Subsec. (b)(2). Pub. L. 93–198, §203(a), substituted provisions for: citizen members with experience in planning for former provision for such membership from eminent citizens well qualified and experienced in planning; appointment by President of three members, including one each for Virginia and Maryland, for six year terms, including initial appointments for two and four year terms, and by Commissioner of two members from the District for four year terms for former provision for such appointment by President, including two members from the District or the environs, including one appointee from three nominees of Commissioner of the District, for six year terms; compensation of $100 per each day of actual service and necessary expenses for former provision for a per diem allowance and travel costs; provided for assumption of office by first appointees on Jan. 2, 1975; and deleted provisions respecting: waiver of professional requirements of District appointees of demonstrated capacity for leadership in planning and development of the District, service of unexpired terms of appointive members of National Capital Park and Planning Commission as members of National Capital Planning Commission, and expiration of initial appointments on Apr. 30, 1953, 1954, 1955, 1956, and 1957, and every six years after such appointments.

Subsec. (e)(1). Pub. L. 93–198, §203(b)(1), substituted “Federal activities in the National Capital” for “National Capital”.

Subsec. (e)(2). Pub. L. 93–198, §203(b)(2), substituted “Government” for “and District Governments,”.

1962—Subsec. (b)(1). Pub. L. 87–683 inserted “the Administrator of the National Capital Transportation Agency,” before “the chairmen of the committees”.

Transfer of Functions

Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioner”.

“Council of the District of Columbia” substituted in text for “District of Columbia Council” pursuant to section 401 of Pub. L. 93–198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, classified to section 1–211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198, classified to section 1–221 of the District of Columbia Code.

Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the Commissioner of the District of Columbia pursuant to section 401 of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, which transferred the functions of the Board of Commissioners, including functions of the President of the Board and all functions of each other member of the Board, including the executive power vested therein, to the Commissioner of the District of Columbia, except as provided by other sections of the Reorganization Plan. For provisions establishing the office of Commissioner of the District of Columbia and abolishing the Board of Commissioners, see sections 301 and 503 of the Plan, set out in the Appendix to Title 5, Government Organization and Employees.

Abolition of Committees on the District of Columbia

Committee on the District of Columbia of Senate abolished and its jurisdiction given to Committee on Governmental Affairs of Senate, effective Feb. 11, 1977. See Rules XXV of Standing Rules of Senate, as amended by Senate Resolution 4 (popularly cited as the “Committee System Reorganization Amendments of 1977”), approved Feb. 4, 1977.

Committee on the District of Columbia of House of Representatives abolished and its jurisdiction given to Committee on Government Reform and Oversight of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Abolition of Council

National Capital Regional Planning Council abolished by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title.

Definitions

The definitions in section 1–202 of the District of Columbia Code apply to this section as amended by Pub. L. 93–198.

Termination of Advisory Committees

Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

Section Referred to in Other Sections

This section is referred to in sections 71, 71i, 72, 72a, 136 of this title.

§71b. Omitted

Codification

Section, act June 6, 1924, ch. 270, §3, as added July 19, 1952, ch. 949, §1, 66 Stat. 783, which established the National Capital Regional Planning Council, and set forth the composition and powers and functions of the Council, was omitted in view of the abolition of the Council by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note below.

REORGANIZATION PLAN NO. 5 OF 1966

Eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 29, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended [see 5 U.S.C. 901 et. seq.].

NATIONAL CAPITAL REGIONAL PLANNING COUNCIL

Section 1. Abolition

The National Capital Regional Planning Council (66 Stat. 783), together with all of its functions, is hereby abolished.

Sec. 2. Liquidation

The National Capital Planning Commission shall make such provisions as it shall deem necessary respecting the winding up of the outstanding affairs of the National Capital Regional Planning Council.

Message of the President

To the Congress of the United States:

I am transmitting Reorganization Plan No. 5 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended.

The time has come to recognize the readiness of local governments in the Washington area to undertake a role which is properly and rightfully theirs. To that end, I am submitting a reorganization plan to abolish the National Capital Regional Planning Council.

Comprehensive regional planning is vital to the orderly development of our metropolitan areas. Nowhere is it more important than in the National Capital region.

To be most effective, regional planning must be a responsibility of the area's State and local governments acting together to solve mutual problems of growth and change. It should not be a Federal function, although the Federal Government should support and advance it.

The need for cooperative planning was recognized years ago in the National Capital region. The establishment of the National Capital Regional Planning Council in 1952 to prepare a comprehensive development plan was a major step in meeting that need.

However, the Council was designed for conditions which no longer exist. It was established by Federal law as a Federal agency financed by Federal funds because the various local jurisdictions then felt they were not in a position to provide the financing necessary for areawide comprehensive planning.

The situation that existed in 1952 has been changed by two major developments—

The founding of the Metropolitan Washington Council of Governments; and

The inauguration of a nationwide urban planning assistance program, commonly referred to as the “701 Program.”

The Metropolitan Washington Council of Governments, established in 1957, is a voluntary association of elected officials of local governments in the area. It has a competent professional staff and has done constructive work on areawide development matters. It had a budget of nearly a quarter of a million dollars for fiscal year 1965, mostly derived from local government contributions, and has developed to the point where it can fully carry out the State and local aspects of regional planning.

The urban planning assistance program provides for Federal financing of two-thirds of the cost of metropolitan planning. The National Capital Regional Planning Council, as a Federal agency, is not eligible for assistance under this program. The Metropolitan Washington Council of Governments, however, became eligible for that assistance under the terms of the Housing and Urban Development Act of 1965. Accordingly, the elected local governments of the National Capital region have declared their intention of undertaking the responsibility for areawide comprehensive planning through the Council of Governments.

The reorganization plan will not alter the basic responsibilities of the National Capital Planning Commission. That Commission will continue to represent the Federal interest in the planning and development of the region. Indeed, its work should increase as comprehensive regional planning by the Council of Governments is accelerated. In accord with the reorganization plan, the Commission will work closely with the Council of Governments in regional planning. The Commission will also deal directly with the suburban jurisdictions and assume the liaison functions now exercised by the National Capital Regional Planning Council.

The reorganization plan will improve existing organizational arrangements of and promote more effective and efficient planning for the National Capital region.

It will also result in long-range savings to the Federal Government. The regional planning effort of the Council of Governments is supported in part by local contributions. The same work done by the National Capital Regional Planning Council has been supported totally with Federal funds. The plan will eliminate this overlapping effort.

Annual savings of at least $25,000 should result from the reorganization plan.

The functions to be abolished by the reorganization plan are provided for in sections 2(e), 3, 4, 5(d), and 6(b) of the act approved June 6, 1924, entitled “An Act providing for a comprehensive development of the park and playground system of the National Capital” (43 Stat. 463), as amended (66 Stat. 783, 40 U.S.C. 71a(e), 71b, 71c, 71d(d), and 71E(b)).

I have found, after investigation, that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended.

I recommend that the Congress allow the reorganization plan to become effective.

Lyndon B. Johnson.      


The White House, June 29, 1966.

§71c. Comprehensive plan for the National Capital

(a) Preparation and adoption by Commission

The Commission is hereby charged with the duty of preparing and adopting a comprehensive, consistent, and coordinated plan for the National Capital, which plan shall include the Commission's recommendations or proposals for Federal developments or projects in the environs, and those District elements, or amendments thereto, of the comprehensive plan adopted by the Council and with respect to which the Commission has not determined a negative impact to exist, which elements or amendments shall be incorporated into such comprehensive plan without change. The Commission shall collaborate with the National Capital Regional Planning Council in the development of those elements of the plan for the National Capital which should be incorporated in the regional plan provided for in section 71b of this title. While consistency between the respective proposals of the Commission and the National Capital Regional Planning Council shall be sought, lack of action or agreement by the National Capital Regional Planning Council shall not prevent the Commission from adopting any part of its plan or any recommendation or proposal for Federal developments or projects in the environs. The Commission may include in its plan any portion of any plan adopted by the National Capital Regional Planning Council or any planning agency in the environs and from time to time make recommendations of collateral interest to the National Capital Regional Planning Council or to the aforesaid agencies.

(b), (c) Repealed. Pub. L. 93–198, title II, §203(c)(3), Dec. 24, 1973, 87 Stat. 782

(d) Progressive adoption, amendment, or review

The Commission may, as the work of preparing the comprehensive plan progresses, adopt any element or a part or parts thereof and from time to time shall review and may amend or extend the plan, in order that its recommendations may be kept up to date.

(e) Consultation with interested agencies; hearings; citizen advisory councils

Prior to the final adoption of the comprehensive plan or any element thereof, or any subsequent revision, the Commission shall present such plan, element, or revision to the appropriate Federal or District of Columbia authorities for comment and recommendations. Presentation of proposed revisions may at the Commission's discretion be made annually in a consolidated form. The said recommendations by Federal and District of Columbia authorities shall not be binding on the Commission, but it shall give careful consideration to such views and recommendations as are submitted prior to final adoption. The Commission may, in addition and at its discretion, periodically provide opportunity by public hearings, meetings, or conferences, exhibitions and publication of its plans, for review and comments by nongovernmental agencies or groups, and, in consultation with the Council of the District of Columbia, encourage the formation of one or more citizen advisory councils.

In carrying out its planning functions with respect to Federal developments or projects in the environs, the Commission may act in conjunction and cooperation and enter into agreements with any State or local authority or planning agency, as the Commission may deem necessary, to effectuate the adoption of any plan or proposal and secure its realization.

(June 6, 1924, ch. 270, §4, as added July 19, 1952, ch. 949, §1, 66 Stat. 785; amended 1967 Reorg. Plan No. 3, §402(28), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title II §203(c), title IV, §401, 87 Stat. 782, 785.)

References in Text

Section 71b of this title, referred to in subsec. (a), was omitted from the Code in view of the abolition of the National Capital Regional Planning Council by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title.

Codification

The words “National Capital Regional Planning” were added before references to “Council” where necessary to avoid possible confusion between references to such Council and the District of Columbia Council.

Section is also set out in D.C. Code, §1–2003.

Prior Provisions

Provisions similar to those concerning preparation and maintenance of a comprehensive plan for the National Capital and its environs were contained in section 71 of this title prior to amendment by act July 19, 1952.

Amendments

1973—Subsec. (a), first sentence. Pub. L. 93–198, §203(c)(1), inserted introductory “hereby” and substituted “Federal developments or projects in the environs, and those District elements, or amendments thereto, of the comprehensive plan adopted by the Council and with respect to which the Commission has not determined a negative impact to exist, which elements or amendments shall be incorporated into such comprehensive plan without charge” for “Federal and District developments or projects in the environs”.

Subsec. (a), third sentence. Pub. L. 93–198, §203(c)(2), struck out “within the District of Columbia” after “part of its plan” and “or District” from phrase “Federal or District developments or projects”.

Subsecs. (b), (c). Pub. L. 93–198, §203(c)(3), repealed provisions of subsec. (b) relating to contents of comprehensive plan and of subsec. (c) relating to generalized elements of comprehensive plan. See comprehensive plan provisions of section 71a(a) of this title.

Transfer of Functions

“Council of the District of Columbia” substituted in text for “District of Columbia Council” pursuant to section 401 of Pub. L. 93–198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, classified to section 1–211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198, classified to section 1–221 of the District of Columbia Code.

Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(28) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to consultations concerning the formation of one or more citizens advisory councils under subsec. (e) of this section to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions abolishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967.

Abolition of Council

National Capital Regional Planning Council, referred to in subsec. (a), abolished by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title.

Definitions

The definitions in section 1–202 of the District of Columbia Code apply to this section as amended by Pub. L. 93–198.

Ex. Ord. No. 11815. Delegation of Presidential Function of Establishing Metes and Bounds of National Capital Service Area

Ex. Ord. No. 11815, Oct. 23, 1974, 39 F.R. 37963, provided:

By virtue of the authority vested in me by section 739(g) of the District of Columbia Self-Government and Governmental Reorganization Act (87 Stat. 828; Public Law 93–198), and as President of the United States, the Chairman of the National Capital Planning Commission is authorized and directed to exercise all authority and to carry out all duties vested in the President by section 739(g) of the above cited law with respect to establishing the metes and bounds of the National Capital Service Area. Prior to establishing said metes and bounds, the Chairman shall consult with the appropriate representative of the District of Columbia Government.

Gerald R. Ford.      

Section Referred to in Other Sections

This section is referred to in sections 71, 71a, 71i, 72, 72a, 136 of this title.

§71d. Proposed Federal and District developments and projects

(a) Consultations between agencies and Commission; procedure

In order to insure the comprehensive planning and orderly development of the National Capital, each Federal and District of Columbia agency prior to the preparation of construction plans originated by such agency for proposed developments and projects or to commitments for the acquisition of land, to be paid for in whole or in part from Federal or District funds, shall advise and consult with the Commission in the preparation by the agency of plans and programs in preliminary and successive stages which affect the plan and development of the National Capital: Provided, however, That the Commission shall determine in advance the type or kinds of plans, developments, projects, improvements, or acquisitions which do not need to be submitted for review by the Commission as to conformity with its plans. After receipt of such plans, maps, and data, it shall be the duty of the Commission to make promptly a preliminary report and recommendations to the agency or agencies concerned. If, after having received and considered the report and recommendations of the Commission the agency does not concur, it shall advise the Commission with its reasons therefor, and the Commission shall submit a final report. After such consultation and suitable consideration of the views of the Commission the agency may proceed to take action in accordance with its legal responsibilities and authority.

(b) Exceptions to consultation procedure

The procedure prescribed in subsection (a) of this section shall not apply to projects within the Capitol grounds or to structures erected by the Department of Defense during wartime or national emergency within existing military, naval, or Air Force reservations, except that the appropriate defense agency shall consult with the Commission as to any developments which materially affect traffic or require coordinated planning of the surrounding area.

(c) Approval of District Government buildings within central area; time for transmittal of approval or disapproval of such buildings

The provisions of section 16 of the Act approved June 20, 1938 [D.C. Code, §5–432], are extended to include public buildings erected by any agency of the Government of the District of Columbia within the boundaries of the central area of the District, as such central area may be defined and from time to time redefined by concurrent action of the Commission and the Council, except that the Commission shall transmit its approval or disapproval respecting any such building within thirty days after the day it was submitted to the Commission.

(d) Additional procedure for consultation on developments and projects within environs

Within the environs, general plans showing the location, character, extent and intensity of use for proposed Federal and District developments and projects involving the acquisition of land, shall be submitted to the Commission for report and recommendations before final commitment to said acquisition, unless such matters shall have been specifically approved by an Act of Congress. Before acting on any general plan, the Commission shall advise and consult with the National Capital Regional Planning Council and the appropriate planning agency having jurisdiction over the affected part of the environs. When, in the judgment of the Commission, proposed developments or projects submitted to the Commission under subsection (a) of this section involve a major change in the character or intensity of an existing use in the environs, the Commission shall likewise advise and consult with the National Capital Regional Planning Council and the aforesaid planning agency. The report and recommendations required under this subsection shall be submitted within sixty days and shall be accompanied by any reports or recommendations that may have been prepared by the National Capital Regional Planning Council or the aforesaid planning agency.

(e) Intent of section; interchange of plans, data, etc.

It is the intent of this section to obtain cooperation and correlation of effort between the various agencies of the Federal Government which are responsible for public developments and projects, including the acquisition of land. These agencies, therefore, shall look to the Commission and utilize it as the central planning agency for the Federal activities in the National Capital region. To aid the Commission in carrying out this function, plans, data, and records, or copies thereof, necessary to the Commission shall be furnished upon its request by such Federal and District governmental agencies; and the Commission shall likewise furnish related plans, data, and records, or copies thereof, to Federal and District of Columbia governmental agencies upon request.

(June 6, 1924, ch. 270, §5, as added July 19, 1952, ch. 949, §1, 66 Stat. 787; amended 1967 Reorg. Plan No. 3, §402(29), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title II, §203(d), 87 Stat. 782.)

Codification

The words “National Capital Regional Planning” were added before references to “Council” where necessary to avoid possible confusion between references to such Council and the District of Columbia Council.

Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(29) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the definition and redefinition of the central area of the District of Columbia to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967.

Section is also set out in D.C. Code, §1–2004.

Prior Provisions

Similar provisions relating to the preparation and maintenance of a comprehensive plan for the National Capital and its environs, and the cooperation between the former National Capital Park and Planning Commission and agencies of the Federal and District Governments were contained in section 71 of this title prior to amendment by act July 19, 1952.

Amendments

1973—Subsec. (c). Pub. L. 93–198, §203(d)(1), provided for Commission transmittal of its approval or disapproval respecting any building within thirty days after the day it was submitted to the Commission.

Subsec. (e). Pub. L. 93–198, §203(d)(2), struck out “of the foregoing provisions” after “intent” and substituted “Federal Government” for “Federal and District Governments” in first sentence and substituted “Federal activities” for “Federal and District Governments” in second sentence.

Abolition of Council

National Capital Regional Planning Council, referred to in subsec. (b), abolished by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title.

Definitions

The definitions in section 1–202 of the District of Columbia Code apply to this section as amended by Pub. L. 93–198.

Section Referred to in Other Sections

This section is referred to in sections 71, 71a, 71i, 72, 72a, 136, 616 of this title.

§71e. Repealed. Pub. L. 93–198, title II, §203(e), Dec. 24, 1973, 87 Stat. 782

Section, act June 6, 1924, ch. 270, §6, as added July 19, 1952, ch. 949, §1, 66 Stat. 789, provided for inclusion in comprehensive plan of thoroughfare and mass transportation plans, providing in former subsec. (a) for preparation and adoption of plans by Commission and submission, approval, and revision and in former subsec. (b) for consultations prior to adoption of a thoroughfare plan, recommendations, and procedure by Bureau of Public Roads.

§71f. Capital improvements

(a) Six-year program of public works; recommendations and annual review; submission of advance programs

The Commission shall recommend a six-year program of public works projects for the Federal Government which it shall review annually with the agencies concerned. To this end, each Federal agency shall submit to the Commission in the first quarter of each fiscal year a copy of its advance program of capital improvements within the National Capital and its environs.

(b) Submission of multiyear capital improvement plan

The Mayor shall submit to the Commission, by February 1 of each year, a copy of the multiyear capital improvements plan for the District developed by him under section 444 of the District of Columbia Self-Government and Governmental Reorganization Act [D.C. Code, §47–303]. The Commission shall have thirty days within which to comment upon such plan but shall have no authority to change or disapprove of such plan.

(June 6, 1924, ch. 270, §7, as added July 19, 1952, ch. 949, §1, 66 Stat. 789; amended 1967 Reorg. Plan No. 3, §402(32), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title II, §203(f), title IV, §421, 87 Stat. 782, 789.)

Codification

Section is also set out in D.C. Code, §1–2005.

Prior Provisions

Similar provisions relating to preparation and maintenance of a comprehensive plan for the National Capital and its environs, including public works, and for cooperation between the former National Capital Park and Planning Commission and Federal and District Governments were contained in section 71 of this title prior to amendment by act July 19, 1952.

Amendments

1973—Subsec. (a). Pub. L. 93–198 designated existing provisions as subsec. (a), inserted “for the Federal Government” after “public works projects”, and struck out “and the District of Columbia Council” after “Federal agency”.

Subsec. (b). Pub. L. 93–198 added subsec. (b).

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in subsec. (b) for “commissioner”.

Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(32) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the submission of a copy of the District's advance program of capital improvements to the National Capital Planning Commission, to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967.

Definitions

The definitions in section 1–202 of the District of Columbia Code apply to this section as amended by Pub. L. 93–198.

Section Referred to in Other Sections

This section is referred to in sections 71, 71a, 71i, 72, 72a, 136 of this title.

§71g. Zoning regulations and maps, and subdivision of lands

(a) Amendments of zoning regulations and maps

The Commission may make a report and recommendation to the Zoning Commission of the District of Columbia, as provided in section 5 of the Act of March 1, 1920 (D.C. Code, sec. 5–417), on proposed amendments of the zoning regulations and maps as to the relation, conformity, or consistency of such amendments with the comprehensive plan for the National Capital. The Commission may also submit to the said Zoning Commission proposed amendments or general revisions to the zoning regulations or the zoning map for said District.

(b) Further reports on proposed amendments

When requested by a properly authorized representative of the Commission, the Zoning Commission may at its discretion recess for a reasonable period of time any public hearing held by it to consider a proposed amendment to the zoning regulations or map, in order that the Commission or its representative may have an opportunity to present to the Zoning Commission a further report on the proposed amendment.

(c) Performance of functions by Zoning Committee of National Capital Planning Commission

The functions vested in the Commission pursuant to this section may, to such extent as the Commission shall determine, and subject to confirmation by the Commission when requested by the Zoning Commission of the District of Columbia, be performed by a committee of the Commission which shall be known as the Zoning Committee of the National Capital Planning Commission and shall consist of not less than three members of the Commission designated by the Commission for the purpose. The number of members serving on the Zoning Committee may be varied from time to time.

(d) Recommendations as to platting and subdividing lands; procedure

Any proposed change in or addition to the regulations or general orders regulating the platting and subdividing of lands and grounds in the District of Columbia shall first be submitted to the Commission by the Council of the District of Columbia for report and recommendation prior to adoption by such Council. Should the Council not concur in the recommendations of the Commission, it shall so advise the Commission with its reasons therefor and the Commission shall submit a final report within thirty days. After consideration of this final report, the Council may proceed to take action in accordance with its legal responsibilities and authority. It shall be the duty of the Commission to submit any proposed changes in or amendments to the general orders that the Commission considers appropriate and the Council shall treat the amendments proposed in the same manner as other proposed amendments.

(June 6, 1924, ch. 270, §8, as added July 19, 1952, ch. 949, §1, 66 Stat. 790; amended 1967 Reorg. Plan No. 3, §402(21), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title II, §203(g), title IV, §401, 87 Stat. 783, 785.)

Codification

Section is also set out in D.C. Code, §1–2006.

Prior Provisions

Similar provisions relating to the preparation and maintenance of a comprehensive plan for the National Capital and its environs, including zoning regulations, plats, and subdivisions, and for cooperation between the former National Capital Park and Planning Commission and Federal and District Governments were contained in section 71 of this title prior to amendment by act July 19, 1952.

Amendments

1973—Subsec. (a). Pub. L. 93–198 provided for the making of a report and recommendations as provided in section 5 of the Act of March 1, 1920 (D.C. Code, sec. 5–417), including consistency of proposed amendments of zoning regulations and maps with the comprehensive plan, substituting “comprehensive plan for the National Capital” for “comprehensive plan of the District of Columbia” and deleted provision for Commission submission to the Zoning Commission of proposed amendments or general revisions to the zoning regulations or the zoning map for the District.

Transfer of Functions

“Council of the District of Columbia” substituted in subsec. (d) for “District of Columbia Council” pursuant to section 401 of Pub. L. 93–198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, classified to section 1–211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198, classified to section 1–221 of the District of Columbia Code.

Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council to reflect D.C. Code §1–613 and section 402(21) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the making and publishing of general orders regulating the platting and subdividing of lands and grounds to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967.

Section Referred to in Other Sections

This section is referred to in sections 71, 71a, 71i, 72, 72a, 136 of this title.

§71h. Transfer of functions to Commission

All other functions, powers, and duties of the National Capital Park and Planning Commission, including those formerly vested in the Highway Commission established by the Act of March 2, 1893 (27 Stat. 532) [D.C. Code, §7–107 et seq.], and those formerly vested in the National Capital Park Commission by the Act of June 6, 1924 (43 Stat. 463) together with the personnel, records, property, and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds, including trust funds, of the National Capital Park and Planning Commission, are transferred to the Commission.

(June 6, 1924, ch. 270, §9, as added July 19, 1952, ch. 949, §1, 66 Stat. 790.)

References in Text

Act of March 2, 1893 (27 Stat. 532), referred to in text, is act Mar. 2, 1893, ch. 197, 27 Stat. 532, as amended, which appears in sections 7–107 to 7–111 of Title 7, Highways, Streets, Bridges, of the District of Columbia Code.

The functions, powers, and duties formerly vested in the National Capital Park Commission by the Act of June 6, 1924 (43 Stat. 463), referred to in text, are the functions, powers, and duties vested by act June 6, 1924, ch. 270, §§1 to 4, 43 Stat. 463, which enacted sections 71, 72, 73, and 74 of this title prior to the amendment of such act by act July 19, 1952, ch. 949, §1, 66 Stat. 781.

The Commission, referred to in text, is the National Capital Planning Commission created by section 71a of this title.

Codification

Section is also set out in D.C. Code, §1–2007.

Transfer of Functions

Functions of National Capital Park Commission and Highway Commission of District of Columbia transferred to National Capital Park and Planning Commission by act Apr. 30, 1926, ch. 198, 44 Stat. 376.

Section Referred to in Other Sections

This section is referred to in sections 71, 71i, 72, 72a of this title.

§71i. Authorization of appropriations to carry out sections 71 to 71i

There are authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated and in any appropriate appropriation Act other than the annual District of Columbia Appropriation Act, such sums as may be necessary to carry out the provisions of sections 71 to 71i of this title, any existing provisions of law to the contrary notwithstanding.

(June 6, 1924, ch. 270, §10, as added July 19, 1952, ch. 949, §1, 66 Stat. 791.)

Codification

Section is also set out in D.C. Code, §1–2008.

Section Referred to in Other Sections

This section is referred to in sections 71, 72, 72a of this title.

§72. Acquisition of land by Commission

Said Commission or a majority thereof is authorized and directed to acquire such lands as in its judgment shall be necessary and desirable in the District of Columbia and adjacent areas in Maryland and Virginia, within the limits of the appropriations made for such purposes, for suitable development of the National Capital park, parkway, and playground system. Said Commission is authorized to acquire such lands by purchase when they can be acquired at prices reasonable in the judgment of said Commission, otherwise by condemnation proceedings, such proceedings to acquire lands within the District of Columbia to be in accordance with the provisions of the Act of Congress approved August 30, 1890, providing a site for the Government Printing Office (United States Statutes at Large, volume 26, chapter 837), the Chief of Engineers of the Army being, for the purposes of sections 71 to 71i, 72, 73 and 74 of this title, clothed with all the power vested by the said act of August 30, 1890, in the board created. Said Commission is authorized to acquire such lands, located in Maryland or Virginia, either by purchase or condemnation proceedings, by such arrangements as to acquisition and payment for the lands as it shall determine upon by agreement with the proper officials of the States of Maryland and Virginia. In the selection of lands to be acquired the advice of the Commission of Fine Arts shall be requested. The designation of all lands to be acquired by condemnation, all contracts for purchase of lands, and all agreements between said Commission and the officials of the States of Maryland and Virginia shall be subject to the approval of the President of the United States.

(June 6, 1924, ch. 270, §11, formerly §2, 43 Stat. 463; renumbered §11, July 19, 1952, ch. 949, §2, 66 Stat. 791.)

References in Text

The Act of Congress approved August 30, 1890, providing a site for the Government Printing Office (United States Statutes at Large, volume 26, chapter 837), referred to in text, is act Aug. 30, 1890, ch. 837, 26 Stat. 412, which enacted section 120 of this title, section 861a of former Title 10, Army and Air Force, section 446 of Title 16, Conservation, sections 497, 601 and 651 of former Title 31, Money and Finance, section 887 of Title 33, Navigation and Navigable Waters, and sections 212, 662 and 945 of Title 43, Public Lands, and amended section 321 of Title 43. Former Titles 10 and 31 were revised generally by act Aug. 10, 1956, ch. 1041, §1, 70A Stat. 1, and Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 877, respectively. For disposition of sections of former titles, see Table I—Revised Titles. For complete classification of this Act to the Code, see Tables.

Section 2 of act August 30, 1890, referred to in text, created a board consisting of the Secretary of the Treasury, the Public Printer, and the Architect of the Capitol to acquire land for the accommodation of the Government Printing Office and the construction of needed storage and distributing warehouses in connection therewith. Section 3 of such act authorized the board to acquire the land by negotiation at a price not above a fair relative value as to other lands which had been sold in the immediate vicinity; or if the board were unable to purchase said land by agreement with any one or more of the respective owners at a reasonable price within sixty days after the passage of the act, it was authorized to “make application to the Supreme Court of the District of Columbia [now the United States District Court for the District of Columbia], at any general or special term thereof, by petition for the condemnation of such land not so purchased, and for the ascertainment of its value. Such petition shall contain a particular description of the property not so purchased, and selected for the purpose aforesaid, with the name of the owner or owners thereof and their residences, so far as the same may be ascertained, together with a plan of the land proposed to be taken; and thereupon the said court is authorized and required to cite all such owners and all other persons interested to appear in said court at a time to be fixed by such court, on reasonable notice, to answer the said petition; and if it shall appear to the court that there are any owners or other persons interested who are under disability the court shall give public notice of the time at which the said court will proceed with the matter of condemnation; and at such time if it shall appear that there are any persons under disability either who have appeared or who have not appeared, the court shall appoint guardians ad litem for each such persons, and the court shall thereupon proceed to appoint three capable and disinterested commissioners to appraise the value of the respective interests of all persons concerned in such lands, under such regulations as to notice and hearing as to the court shall seem meet. Such commissioners shall thereupon, after being duly sworn for the proper performance of their duties, examine the premises and hear the persons in interest who may appear before them, and return their appraisement of the value of the interests of all persons, respectively, in such land; and in case any of the persons entitled according to the judgment of the court are under disability, or can not be found, or neglect to receive payment, the money to be paid to any of them shall be deposited in the Treasury to their credit, unless there shall be some person lawfully authorized to receive the same under the direction of the court, and when such payments are so made, or the amounts belonging to persons to whom payment shall not be made are so deposited, the said lands shall be deemed to be condemned and taken by the United States for the public use.” These provisions were never executed and the appropriation therefor was suspended by act Mar. 3, 1891, ch. 542, 26 Stat. 989.

However, the provisions of section 3 of the act of Aug. 30, 1890, referred to and partly quoted above, with respect to condemnation proceeding, were rendered general and permanent by a provision of the end of that section which read as follows:

“And hereafter, in all cases of the taking of property in the District of Columbia for public use, whether herein, heretofore, or hereafter authorized, the foregoing provisions, as it respects the application by the proper officer to the supreme court of the District of Columbia [see above for change in name] and the proceedings therein shall be as in the foregoing provisions declared”. In view of this provision, section 3, reworded at the beginning thereof to incorporate it, was classified to former section 120 of this title. Former section 120 was superseded in effect by act Mar. 1, 1929, ch. 416, 45 Stat. 1415, which was formerly classified to section 361 et seq. of this title. See chapter 13 (§16–1301 et seq.) of Title 16, Particular Actions, Proceedings and Matters, of the District of Columbia Code.

Codification

Section is also set out in D.C. Code, §1–2009.

Transfer of Functions

“Commission”, as used in this section, refers to National Capital Planning Commission, rather than to National Capital Park and Planning Commission, in view of transfer of functions, powers, etc., from latter to former by section 71h of this title.

Delegation of Functions

Authority of President under last sentence of this section to approve (i) designation of lands to be acquired by condemnation, (ii) contracts for purchase of lands, and (iii) agreements between National Capital Planning Commission and officials of States of Maryland and Virginia delegated to Director of Office of Management and Budget, see section 9(4) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

Section Referred to in Other Sections

This section is referred to in sections 71, 71h, 72a, 74 of this title.

§72a. Acquisition of land by Commission subject to limited rights reserved to grantor; acquisition of limited permanent rights in land adjoining park property

The authority of the National Capital Planning Commission, established by section 71 of this title, is enlarged as follows:

Said Commission is authorized to acquire, for and in behalf of the United States of America, by gift, devise, purchase, or condemnation, in accordance with the provisions of sections 71 to 71i, 72, 73, and 74 of this title, (1) fee title to land subject to limited rights, but not for business purposes, reserved to the grantor: Provided, That such reservation of rights shall not continue beyond the life or lives of the grantor or grantors of the fee: Provided further, That in the opinion of said Commission the permanent public park purposes for which control over said land is needed are not essentially impaired by said reserved rights and that there is a substantial saving in cost by acquiring said land subject to said limited rights as compared with the cost of acquiring unencumbered title thereto; (2) permanent rights in land adjoining park property sufficient to prevent the use of said land in certain specified ways which would essentially impair the value of the park property for its purposes: Provided, That in the opinion of said Commission the protection and maintenance of the essential public values of said park can thus be secured more economically than by acquiring said land in fee or by other available means: Provided further, That all contracts for acquisition of land subject to such limited rights reserved to the grantor and for acquisition of such limited permanent rights in land shall be subject to the approval of the President of the United States.

(Dec. 22, 1928, ch. 48, §1, 45 Stat. 1070; June 6, 1924, ch. 279, §9, as added July 19, 1952, ch. 949, §1, 66 Stat. 790.)

References in Text

Former provisions of section 71 of this title, referred to in text, established the National Capital Park and Planning Commission, to which such clause originally referred. For transfer of functions, powers, etc., of that Commission to the National Capital Planning Commission, see Transfer of Functions note set out below, and for creation of the latter Commission, see section 71a of this title.

Codification

Section is also set out in D.C. Code, §8–101.

Transfer of Functions

In opening clause, “National Capital Planning Commission” substituted for “National Capital Park and Planning Commission”, on authority of act June 6, 1924, ch. 270, §9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder.

Delegation of Functions

Authority of President under this section to approve contracts for acquisition of land subject to limited rights reserved to grantor and for acquisition of limited permanent rights in land adjoining park property delegated to Director of Office of Management and Budget, see section 9(5) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

§72b. Lease of lands acquired for park, parkway, or playground purposes

The Administrator of General Services is authorized, subject to the approval of the National Capital Planning Commission, to lease, for a term not exceeding five years, and to renew such lease, subject to such approval, for an additional term not exceeding five years, pending need for their immediate use in other ways by the public, and on such terms as the Administrator shall determine, land or any existing building or structure on land acquired for park, parkway, or playground purposes.

(Dec. 22, 1928, ch. 48, §2, 45 Stat. 1070; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, §1, 48 Stat. 389; 1939 Reorg. Plan No. 1, §303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380; June 6, 1924, ch. 279, §9, as added July 19, 1952, ch. 949, §1, 66 Stat. 790.)

Codification

Section is also set out in D.C. Code, §8–103.

Transfer of Functions

“National Capital Planning Commission” substituted in text for “National Capital Park and Planning Commission”, on authority of act June 6, 1924, ch. 270, §9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder.

“Administrator of General Services” substituted in text for “Director of Public Buildings and Public Parks of the National Capital”. See Transfer of Functions note set out under section 19 of this title.

§72c. Power to sell lands

The Mayor of the District of Columbia, with the approval of the National Capital Planning Commission, is authorized and empowered in his discretion, for the best interests of the District of Columbia, to sell and convey, in whole or in part, to the highest bidder at public or private sale, real estate now or hereafter owned in fee simple by the District of Columbia for municipal use, in the District of Columbia, which the Council of the District of Columbia and the National Capital Planning Commission find to be no longer required for public purposes.

(Aug. 5, 1939, ch. 449, §1, 53 Stat. 1211; June 6, 1924, ch. 279, §9, as added July 19, 1952, ch. 949, §1, 66 Stat. 790; 1967 Reorg. Plan No. 3, §§401, 402(192), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §§401, 421, 87 Stat. 785, 789.)

Codification

Section is also set out in D.C. Code, §9–401.

Repeals

Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith.

Transfer of Functions

“National Capital Planning Commission” substituted in text for “National Capital Park and Planning Commission”, on authority of act June 6, 1924, ch. 270, §9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder.

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioners”.

Function of Board of Commissioners to find that real estate is no longer required for a public purpose transferred to District of Columbia Council pursuant to section 402(192) of Reorg. Plan No. 3 of 1967.

“Council of the District of Columbia” substituted in text for “District of Columbia Council” pursuant to section 401 of Pub. L. 93–198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, classified to section 1–211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198, classified to section 1–221 of the District of Columbia Code.

Section Referred to in Other Sections

This section is referred to in sections 72e, 74b of this title.

§72d. Expenses of land sales

The Mayor of the District of Columbia is further authorized to pay the reasonable and necessary expenses of sale of each parcel of land sold, and shall deposit the net proceeds thereof in the Treasury of the United States to the credit of the District of Columbia.

(Aug. 5, 1939, ch. 449, §2, 53 Stat. 1211; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.)

Codification

Section is also set out in D.C. Code, §9–402.

Repeals

Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith.

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioners”.

Section Referred to in Other Sections

This section is referred to in sections 72e, 74b of this title.

§72e. Execution of deeds to lands

The Mayor of the District of Columbia is authorized to execute proper deeds of conveyance for real estate sold under the provisions of sections 72c to 72e and 74a to 74c of this title, which shall contain a full description of the land sold, either by metes and bounds, or otherwise, according to law.

(Aug. 5, 1939, ch. 449, §3, 53 Stat. 1211; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.)

Codification

Section is also set out in D.C. Code, §9–403.

Repeals

Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith.

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioners”.

Section Referred to in other Sections

This section is referred to in section 74b of this title.

§73. Authorization of appropriations for expenses, and acquisition of lands by Commission; assignment of playground areas; control of lands outside District

There is authorized to be appropriated, each year, in the annual District of Columbia Appropriation Act, a sum not exceeding 1 cent for each inhabitant of the continental United States as determined by the last preceding decennial census, said sum to be used by said Commission for the payment of its expenses and for the acquisition of the lands herein authorized to be acquired by said Commission for the purposes named, the compensation for the land, the expense of surveys, ascertainment of title, condemnation proceedings, if any, and necessary conveyancing to be paid from said appropriations. The funds so appropriated shall be paid from the revenues of the District of Columbia and the general funds of the Treasury in the same proportion as other expenses of the District of Columbia. The land so acquired within the District of Columbia shall be a part of the park system of the District of Columbia and be under control of the Director of the National Park Service. Areas suitable for playground purposes may, in the discretion of said Commission, be assigned to the control of the Mayor of the District of Columbia for playground purposes. The land so acquired outside the District of Columbia shall be controlled as determined by agreement between said commission and the proper officers of the States of Maryland and Virginia, such agreements to be subject to the approval of the President.

(June 6, 1924, ch. 270, §12, formerly §3, 43 Stat. 463; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Ord. No. 6166, §2, eff. June 10, 1933, Mar. 2, 1934, ch. 38, §1, 48 Stat. 389; renumbered §12, July 19, 1952, ch. 949, §2, 66 Stat. 791; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.)

Codification

Section is also set out in D.C. Code, §1–2010.

Transfer of Functions

“Commission”, as used in this section, refers to National Capital Planning Commission, rather than to National Capital Park and Planning Commission, in view of transfer of functions, powers, etc., from latter to former by section 71h of this title.

Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. National Park Service, referred to in text, is an agency of Department of the Interior.

Office of Public Buildings and Public Parks of National Capital abolished and functions thereof transferred to Office of National Parks, Buildings, and Reservations of Department of the Interior by Ex. Ord. No. 6166. Name of latter office changed to “National Park Service” by act Mar. 2, 1934.

Act Feb. 26, 1925 ch. 339, §3, 43 Stat. 983, abolished office of Public Buildings and Grounds under Chief of Engineers and transferred functions thereof to Director of Public Buildings and Public Parks.

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioners”.

Section Referred to in Other Sections

This section is referred to in sections 71, 71h, 72, 72a, 74 of this title.

§74. Annual reports of Commission to Congress; estimates for Office of Management and Budget

Said Commission shall report to Congress annually on the first Monday of March the lands acquired during the preceding fiscal year, the method of acquisition, and the cost of each tract. It shall also submit to the Office of Management and Budget on or before December 15 of each year its estimate of the total sum to be appropriated for expenditure under the provisions of sections 71 to 71i, 72, 73 and 74 of this title during the succeeding fiscal year.

(June 6, 1924, ch. 270, §13, formerly §4, 43 Stat. 464; renumbered §13, July 19, 1952, ch. 949, §2, 66 Stat. 791; 1970 Reorg. Plan No. 2, §102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Apr. 21, 1976, Pub. L. 94–273, §21, 90 Stat. 379.)

Codification

Section is also set out in D.C. Code, §1–2011.

Amendments

1976—Pub. L. 94–273 substituted “March” for “December” and “December” for “September”.

Transfer of Functions

“Commission”, as used in this section, refers to National Capital Planning Commission, rather than to National Capital Park and Planning Commission, in view of transfer of functions, powers, etc., from latter to former by section 71h of this title.

Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of United States by section 101 of Reorg. Plan No. 2 of 1970. Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the Budget as Office of Management and Budget.

Section Referred to in Other Sections

This section is referred to in sections 71, 71h, 72, 72a of this title.

§74a. Sale by the Secretary of the Interior of lands no longer needed for public purposes

The Secretary of the Interior, with the approval of the National Capital Planning Commission, is authorized, in his discretion, for the best interests of the United States, to sell and convey, in whole or in part, by proper deed or instrument, any real estate held by the United States in the District of Columbia and under the jurisdiction of the National Park Service, which may be no longer needed for public purposes for cash, or on such deferred-payment plan as the Secretary of the Interior may approve, at a price not less than that paid for it by the Government and not less than its present appraised value as determined by him.

(Aug. 5, 1939, ch. 449, §4, 53 Stat. 1211; June 6, 1924, ch. 279, §9, as added July 19, 1952, ch. 949, §1, 66 Stat. 790.)

Codification

Section is also set out in D.C. Code, §9–404.

Repeals

Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith.

Transfer of Functions

“National Capital Planning Commission” substituted in text for “National Capital Park and Planning Commission”, on authority of act June 6, 1924, ch. 270, §9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder.

Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. National Park Service, referred to in text, is an agency of Department of the Interior.

Section Referred to in Other Sections

This section is referred to in sections 72e, 74b of this title.

§74b. Sale to highest bidder; rights of abutting owner

In selling any parcel of land under sections 72c to 72e and 74a to 74c said Secretary shall cause such public or private solicitation for bids or offers to be made as he may deem appropriate, and shall sell the parcel to the party agreeing to pay the highest price therefor if such price is otherwise satisfactory: Provided, That in the event the price offered or bid by the owner of any lands abutting the lands to be sold equals the highest price offered or bid by any other party, the parcel may be sold to such abutting owner.

(Aug. 5, 1939, ch. 449, §5, 53 Stat. 1211.)

Codification

Section is also set out in D.C. Code, §9–405.

Repeals

For repeal, see note under section 74a of this title.

Section Referred to in Other Sections

This section is referred to in section 72e of this title.

§74c. Expenses of sale; disposition of proceeds

Said Secretary is further authorized to pay the reasonable and necessary expenses of sale of each parcel of land sold, and shall deposit the net proceeds thereof in the Treasury to the credit of the United States and the District of Columbia in the proportion that each paid the appropriations from which the parcels of land were acquired or were obligated to pay the same, at the time of acquisition, by reimbursement.

(Aug. 5, 1939, ch. 449, §6, 53 Stat. 1211.)

Codification

Section is also set out in D.C. Code, §9–406.

Repeals

For repeal, see note under section 74a of this title.

Section Referred to in Other Sections

This section is referred to in sections 72e, 74b of this title.

§§75 to 77. Omitted

Codification

Section 75, acts July 1, 1898, ch. 543, §2, 30 Stat. 570; Feb. 2, 1904, ch. 89, 33 Stat. 10; Apr. 14, 1906, ch. 1622, 34 Stat. 112; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983, related to park system in District of Columbia and rules relating to improvements, parking spaces, and business streets. See D.C. Code, §8–104.

Section 76, acts June 5, 1920, ch. 235, 41 Stat. 898; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983, related to vehicle and traffic regulations issued and enforced by Director of National Park Service in District of Columbia. See D.C. Code, §8–105.

Section 77, act May 27, 1924, ch. 199, §9, 43 Stat. 176, related to appointment and powers of special police in District of Columbia. See D.C. Code, §4–205.

§77a. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 656

Section, act Aug. 11, 1951, ch. 301, title I, 65 Stat. 185, authorized a detail of Secret Service Agents to supervise the guard for Treasury Department buildings.

Acts May 6, 1939, ch. 115, title I, 53 Stat. 657; Mar. 25, 1940, ch. 71, title I, 54 Stat. 57; May 31, 1941, ch. 156, title I, 55 Stat. 214; Mar. 10, 1942, ch. 178, title I, 56 Stat. 152; June 30, 1943, ch. 179, title I, 57 Stat. 260; Apr. 22, 1944, ch. 175, title I, 58 Stat. 204; Apr. 24, 1945, ch. 92, title I, 59 Stat. 64; July 20, 1946, ch. 588, title I, 60 Stat. 576; July 1, 1947, ch. 186, title I, 61 Stat. 222; June 14, 1948, ch. 466, title I, 62 Stat. 413; June 30, 1949, ch. 286, title I, 63 Stat. 362; Sept. 6, 1950, ch. 896, Ch. IV, title I, 64 Stat. 638, contained similar provisions to section 77a of this title, prior to repeal by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 650 to 656.

§78. Omitted

Codification

Section, acts July 1, 1898, ch. 543, §4, 30 Stat. 570; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983, related to use of spaces and reservation of spaces for widening roadways in the District of Columbia. See D.C. Code, §8–123.

§79. Transfers of jurisdiction between Director of National Park Service and Mayor of District of Columbia

When in accordance with law or mutual legal agreement, spaces or portions of public land are transferred from the jurisdiction of the Director of the National Park Service, as established by this Act to that of the Mayor of the District of Columbia, or vice versa, the letters exchanged between them of transfer and acceptance shall be sufficient authority for the necessary change in the official maps and for record when necessary.

(July 1, 1898, ch. 543, §5, 30 Stat. 570; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Ord. No. 6166, §2, eff. June 10, 1933, Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. 1, §303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.)

References in Text

This Act, referred to in text, is act July 1, 1898, ch. 543, 30 Stat. 570, as amended, which enacted sections 60, 75, 78, 79, and 80 of this title and amended section 67 of this title. Sections 60, 67, 75, 78, and 80 of this title have been omitted from the Code. See sections 8–106, 5–204, 8–104, 8–123, and 8–137 of the D.C. Code. For complete classification of this Act to the Code, see Tables.

Codification

Section is also set out in D.C. Code, §8–129.

Act July 1, 1898 applied to transfers of land from the jurisdiction of the Chief of Engineers of the United States Army, as established by said act to that of the Commissioners of the District of Columbia, or vice versa.

Transfer of Functions

Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. National Park Service, referred to in text, is an agency of Department of the Interior.

Functions of Director of National Park Service relating to public buildings transferred to Federal Works Administrator by section 303(b) of Reorg. Plan No. 1, of 1939.

Office of Public Buildings and Public Parks of National Capital abolished and functions thereof transferred to Office of National Parks, Buildings and Reservations of Department of the Interior by Ex. Ord. No. 6166. Name of latter office changed to “National Park Service” by act Mar. 2, 1934.

Office of Public Buildings and Grounds under Chief of Engineers abolished and functions of Chief of Engineers and of Secretary of War with respect thereto transferred to Director of Public Buildings and Public Parks of National Capital by act Feb. 26, 1925.

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioners”.

Section 402(181) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, transferred regulatory and other functions of Board of Commissioners relating to transferal of jurisdiction over properties or parts of properties to Federal authorities, and accepting from Federal authorities jurisdiction over properties or parts thereof under this section, to District of Columbia Council, subject to right of Commissioner as provided by section 406 of the Plan. For provisions establishing District of Columbia Council, see section 201 of the Reorg. Plan No. 3 of 1967.

Cross References

General authorization for transfer; recommendation by National Capital Planning Commission; reports to Congress, see section 122 of this title.

§§80, 81. Omitted

Codification

Section 80, acts July 1, 1898, ch. 543, §6, 30 Stat. 571; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983, related to authority to make regulations for care of public grounds. See D.C. Code, §8–137.

Section 81, acts Mar. 4, 1909, ch. 299, 35 Stat. 994; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983, related to authority to make regulations for care of sidewalks. See D.C. Code, §8–138.

§82. Public spaces resulting from filling of canals under jurisdiction of Director

All public spaces resulting from the filling of canals in the original city of Washington not under the jurisdiction of the Director of the National Park Service as of August 1, 1914, except such portions as are included in the navy yard or in actual use as roadways and sidewalks, and except the portions assigned by law to the District of Columbia for use as a property yard and the location of a sewage pumping station, respectively, are placed under the jurisdiction of the Director of the National Park Service and shall be laid out as reservations as a part of the park system of the District of Columbia.

(Aug. 1, 1914, ch. 223, 38 Stat. 633; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Ord. No. 6166, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.)

Codification

Section is also set out in D.C. Code, §8–139.

Section is based on Sundry Civil Appropriation Act Aug. 1, 1914, fiscal year 1915.

Transfer of Functions

For transfer of functions from Chief of Engineers of United States Army to Director of National Park Service by act Feb. 26, 1925, Ex. Ord. No. 6166, and by act Mar. 2, 1934, see note set out under section 73 of this title.

§§83 to 88. Omitted

Codification

Section 83, act Sept. 27, 1890, ch. 1001, §1, 26 Stat. 492, related to establishment of Rock Creek Park in District of Columbia. See D.C. Code, §8–140.

Section 84, acts Sept. 27, 1890, ch. 1001, §7, 26 Stat. 495; July 1, 1918, ch. 113, 40 Stat. 650; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983, related to control and regulation of Rock Creek Park in District of Columbia. See D.C. Code, §8–142.

Section 85, act July 1, 1918, ch. 113, 40 Stat. 650, related to Piney Branch Parkway part of park system in District of Columbia. See D.C. Code, §8–146.

Section 86, act Mar. 3, 1897, ch. 375, 29 Stat. 624, related to establishment of Potomac Park in District of Columbia. See D.C. Code, §8–147.

Section 87, acts Aug. 1, 1914, ch. 223, 38 Stat. 634; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983, related to control of Potomac Park in District of Columbia. See D.C. Code, §8–148.

Section 88, act Aug. 1, 1914, ch. 223, 38 Stat. 634, related to restriction on construction of lagoon or speedway in Potomac Park in District of Columbia. See D.C. Code, §8–149.

§89. Potomac Park; temporary occupancy by Department of Agriculture

The Director of the National Park Service is authorized to grant permission to the Department of Agriculture for the temporary occupation of such area or areas of Potomac Park, not exceeding a total of seventy-five acres in extent, as may not be needed in any one season for the reclamation or park improvement, the said areas to be used by the Department of Agriculture as testing grounds: Provided, That nothing herein contained shall be construed to change the essential character of the lands so used, which lands shall continue to be a public park, as provided in section 86 of this title: And provided further, That said area or areas shall be vacated by the Department of Agriculture at the close of any season upon the request of the said director: And provided further, That the entire park shall remain under the charge of the said director.

(Mar. 3, 1899, ch. 458, §2, 30 Stat. 1378; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.)

References in Text

Section 86 of this title, referred to in text, was omitted from the Code. See D.C. Code, §8–147.

Codification

Section is also set out in D.C. Code, §8–150.

Transfer of Functions

Duties imposed upon Secretary of War in relation to grounds, parks, etc., in District of Columbia transferred to Director of Public Buildings and Public Parks of National Capital by act Feb. 26, 1925.

Office of Public Buildings and Public Parks of National Capital abolished and its functions transferred to Office of National Parks, Buildings, and Reservations of Department of the Interior by Ex. Ord. No. 6166. Name of latter office changed to “National Park Service” by act Mar. 2, 1934.

§90. Omitted

Codification

Section, act May 27, 1908, ch. 200, 35 Stat. 355, related to licenses for boathouses on banks of tidal reservoir on Potomac River in District of Columbia. See D.C. Code, §8–151.

§91. Repealed. Mar. 4, 1925, ch. 556, 43 Stat. 1323

Section, act June 12, 1917, ch. 27, 40 Stat. 133, related to Tidal Basin bathing beach.

§§92 to 99. Omitted

Codification

Section 92, act Mar. 4, 1913, ch. 147, §22, 37 Stat. 885, related to reimbursement to United States of part of cost of construction of parkway connecting Potomac Park with Zoological Park and Rock Creek Park in District of Columbia. See D.C. Code, §8–152.

Section 92a, act Mar. 2, 1929, ch. 542, 45 Stat. 1523, related to boundaries of parkway connecting Potomac Park with Zoological and Rock Creek Parks in District of Columbia. See D.C. Code, §8–153.

Section 93, acts Mar. 4, 1913, ch. 150, 37 Stat. 971; Aug. 1, 1914, ch. 223, 38 Stat. 625; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983, related to small parks at certain street intersections in District of Columbia. See D.C. Code, §8–107.

Section 94, act Aug. 31, 1918, ch. 164, 40 Stat. 950, 951, related to designation of Anacostia Park in District of Columbia. See D.C. Code §8–155.

Section 95, act June 6, 1924, ch. 271, §1, 43 Stat. 464, related to boundaries of Glover Parkway and Children's Playground in District of Columbia. See D.C. Code §8–156.

Section 96, act June 6, 1924, ch. 271, §2, 43 Stat. 464, related to designation of Glover Parkway and Children's Playground as part of park system of District of Columbia. See D.C. Code, §8–157.

Section 97, acts May 18, 1910, ch. 248, 36 Stat. 383; Feb. 26, 1925, ch. 339, §3, 43 Stat. 983, related to jurisdiction over reservation number 185 in District of Columbia. See D.C. Code, §8–122.

Section 98, act Mar. 3, 1903, ch. 1007, 32 Stat. 1122, related to use of public grounds for playgrounds in District of Columbia. See D.C. Code, §8–124.

Section 99, act May 27, 1908, ch. 200, 35 Stat. 355, related to licenses for temporary structures on reservations used as playgrounds in District of Columbia. See D.C. Code, §8–125.

§100. Part of Washington Aqueduct for playground purposes

The Chief of Engineers is authorized to transfer for playground purposes the possession, use, and control of all that portion of the land of the Washington Aqueduct adjacent to the Champlain Avenue pumping station and lying outside of the fence around said pumping station existing on August 31, 1918, to the control and jurisdiction of the Mayor of the District of Columbia. Nothing in this section shall be construed as affecting the superintendence and control of the Secretary of the Army over the Washington Aqueduct, its rights, appurtenances, and fixtures connected with the same.

(Aug. 31, 1918, ch. 164, 40 Stat. 951; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.)

Codification

Section is based on District of Columbia Appropriation Act of Aug. 31, 1918.

Section is also set out in D.C. Code, §8–126.

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioner”.

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

§101. Laws of District extended to public buildings and grounds

The provisions of the several laws and regulations within the District of Columbia for the protection of public or private property and the preservation of peace and order are extended to all public buildings and public grounds belonging to the United States within the District of Columbia. Any person guilty of disorderly and unlawful conduct in or about the same, or who shall willfully injure the buildings or shrubs, or shall pull down, impair, or otherwise injure any fence, wall, or other inclosure, or shall injure any sink, culvert, pipe, hydrant, cistern, lamp, or bridge, or shall remove any stone, gravel, sand, or other property of the United States, or any other part of the public grounds or lots belonging to the United States in the District of Columbia shall be fined not more than $500, or imprisoned not more than six months, or both.

(July 29, 1892, ch. 320, §15, 27 Stat. 325; Oct. 20, 1967, Pub. L. 90–108, §2, 81 Stat. 277.)

Codification

Section is also set out in D.C. Code, §§4–116, 22–3111.

Prior Provisions

Provisions similar to those comprising this section were contained in former section 192 of this title.

Amendments

1967—Pub. L. 90–108 substituted “shall be fined not more than $500, or imprisoned not more than six months, or both” for “shall, upon conviction thereof, be fined not more than $50”.

Violations Prior to 1967 Amendment

For prosecution of violations of this section prior to enactment of Pub. L. 90–108, see section 3 of Pub. L. 90–108, set out as an Effective Date of 1967 Amendment note under section 193a of this title.

Effect of Other Laws

Section as unaffected by sections 193a to 193l, 212a, 212b of this title, see note set out under section 193a of this title.

Board of Metropolitan Police

Duties and authority of former Board of Metropolitan Police of District of Columbia, for police purposes, were extended to all public squares and places, and authorizing and requiring Board to make appropriate rules and regulations in relation thereto, by act Mar. 3, 1875, ch. 130, 18 Stat. 385, and repeated in act July 31, 1876, ch. 246, 19 Stat. 110, and act Mar. 3, 1877, ch. 105, 19 Stat. 346. Powers and duties exercised by Board transferred to Commissioners of District of Columbia by act June 11, 1878, ch. 180, §6, 20 Stat. 107.

Special Policemen

The provision of act Oct. 26, 1942, ch. 629, title II, 56 Stat. 1000, which related to designation by Commissioner of Public Buildings of employees of Public Buildings Administration as special policemen without compensation during continuance of unlimited national emergency declared by President on May 27, 1941, was repealed, effective July 1, 1948, by Joint Res. July 25, 1947, ch. 327, §2(a), 61 Stat. 451.

§102. Ailanthus trees prohibited

No more ailantus 1 trees shall be purchased for or planted in the public grounds.

(R.S. §1830.)

Codification

R.S. §1830 derived from act Mar. 3, 1853, ch. 97, §1, 10 Stat. 207.

1 So in original. Probably should be “ailanthus”.

§103. Trees, shrubs, and plants, in greenhouses and nursery

On and after June 20, 1878, only such trees, shrubs, and plants shall be propagated at the greenhouses and nursery as are suitable for planting in the public reservations, to which purpose only the said productions of the greenhouses and nursery shall be applied.

(June 20, 1878, ch. 359, 20 Stat. 220.)

Codification

Section is based on Sundry Civil Appropriation Act June 20, 1878, fiscal year 1879.

Transfer of Functions

Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, §1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.

§104. Commission of Fine Arts

A permanent Commission of Fine Arts is created to be composed of seven well-qualified judges of the fine arts, who shall be appointed by the President, and shall serve for a period of four years each, and until their successors are appointed and qualified. The President shall have authority to fill all vacancies. It shall be the duty of such commission to advise upon the location of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia, and upon the selection of models for statues, fountains, and monuments erected under the authority of the United States and upon the selection of artists for the execution of the same. It shall be the duty of the officers charged by law to determine such questions in each case to call for such advice. The foregoing provisions of this section shall not apply to the Capitol Building of the United States and the building of the Library of Congress. The commission shall also advise generally upon questions of art when required to do so by the President, or by any committee of either House of Congress. Said commission shall have a secretary and such other assistance as the commission may authorize, and the members of the commission shall each be paid actual expenses in going to and returning from Washington to attend the meetings of said Commission and while attending the same.

(May 17, 1910, ch. 243, §1, 36 Stat. 371.)

Section Referred to in Other Sections

This section is referred to in section 106 of this title.

§105. Secretary and executive officer

The officer in charge of public buildings and grounds shall be the secretary and shall act as the executive officer of the Commission of Fine Arts.

(June 25, 1910, ch. 384, 36 Stat. 728.)

Codification

Section is based on Sundry Civil Appropriation Act June 25, 1910, fiscal year 1910.

Cross References

Supervision of public buildings and grounds in the District of Columbia not otherwise provided by law, see section 19 of this title and note thereunder.

§106. Authorization of appropriations

There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of section 104 of this title.

(May 17, 1910, ch. 243, §2, 36 Stat. 371; May 25, 1955, ch. 76, 69 Stat. 66; May 13, 1960, Pub. L. 86–461, 74 Stat. 128.)

Amendments

1960—Pub. L. 86–461 substituted “There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of section 104 of this title” for “To meet the expenses made necessary by section 104 of this title an expenditure of not exceeding $35,000 a year is authorized”.

1955—Act May 25, 1955, increased amount authorized for annual expenses from $10,000 to $35,000.

§§107, 108. Omitted

Codification

Section 107, act Mar. 3, 1899, ch. 458, §1, 30 Stat. 1377, related to control and jurisdiction of wharf property in District of Columbia. See D.C. Code, §9–101.

Section 108, act Mar. 3, 1899, ch. 458, §2, 30 Stat. 1378, related to District of Columbia wharf property and the authority to make rules and regulations relating to leases and rents. See D.C. Code, §9–102.

§§109, 109a. Repealed. July 18, 1940, ch. 634, §§1, 2, 54 Stat. 764

Section 109, act July 18, 1940, ch. 634, §1, 54 Stat. 764, related to inspection of fuel in District of Columbia and repealed R.S. §§3711, 3712, 3713, from which section 109 was derived, but made no mention of acts Mar. 2, 1895, ch. 177, §6, 28 Stat. 808; Mar. 15, 1898, ch. 68, §6, 30 Stat. 316; June 10, 1921, ch. 18, §§301, 304, 42 Stat. 23, 24, which were amendments to R.S. §3711.

Section 109a, act July 18, 1940, ch. 634, §2, 54 Stat. 764, repealed those parts of acts Mar. 15, 1934, ch. 70, title I, 48 Stat. 438; May 14, 1935, ch. 110, 49 Stat. 234; June 23, 1936, ch. 725, 49 Stat. 1844; May 14, 1937, ch. 180, title I, 50 Stat. 154; Mar. 28, 1938, ch. 55, 52 Stat. 139, from which section 109a was derived, and which related to purchases of coal and wood by Procurement Division; application of statutory requirements as to weighing, etc., but failed to repeal act May 6, 1939, ch. 115, title I, 53 Stat. 674, and act Mar. 25, 1940, ch. 71, title I, 54 Stat. 69, which contained similar provisions. Similar provisions were also contained in Treasury Department Appropriation Acts of June 30, 1943, ch. 179, title I, 57 Stat. 262; Mar. 10, 1942, ch. 178, title I, 56 Stat. 161; May 31, 1941, ch. 156, title I, 55 Stat. 226. No subsequent act contained those provisions.

§§110 to 112. Repealed. Oct. 31, 1951, ch. 654, §1(85–87), 65 Stat. 704

Section 110, act July 1, 1918, ch. 113, 40 Stat. 672, related to fuel storage and distributing yards in District of Columbia and authority of Secretary of the Treasury to select, purchase, contract for and distribute fuel required by the Federal and District of Columbia governments.

Section 111, act July 11, 1919, ch. 9, 41 Stat. 148, excepted naval establishments from operation of section 110 of this title except the naval hospital in District of Columbia.

Section 112, act July 19, 1919, ch. 24, 41 Stat. 200, related to authority of Secretary of the Treasury to contract for the purchase of fuel in advance of the availability of appropriations.

§112a. Omitted

Codification

Section, act Mar. 5, 1928, ch. 126, title I, 45 Stat. 186, related to payment of contracts for fuel for public buildings. See sections 474, 481, and 756 of this title.

§113. Delivery of fuel for use during ensuing fiscal year

The Administrator of General Services is authorized to deliver, during the months of April, May, and June of each year, to all branches of the Federal service and the municipal government in the District of Columbia, such quantities of fuel for their use during the following fiscal year as it may be practicable to store at the points of consumption, payment therefor to be made by these branches of the Federal service and municipal government from their applicable appropriations for such fiscal year.

(June 5, 1920, ch. 235, 41 Stat. 913; Ex. Ord. No. 4239, July 1, 1925; Ex. Ord. No. 6166, §1, June 10, 1933.)

Codification

Section is based on Sundry Civil Appropriation Act June 5, 1920, fiscal year 1920.

Transfer of Functions

Transfers of functions in respect to Government fuel yards by Executive Orders and act June 30, 1949, ch. 288, 63 Stat. 380, see sections 474, 481, and 756 of this title.

The authority of this section originally, by act June 5, 1920, was vested in Secretary of the Interior.

Cross References

Operation of fuel yards by Administrator of General Services or executive agencies, see section 481 of this title.

§114. Repealed. Oct. 31, 1951, ch. 654, §1(88), 65 Stat. 704

Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1211, related to payments by various branches of Federal service for fuel furnished, and method thereof. See section 756 of this title.

§§115, 115a. Omitted

Codification

Section 115, act Mar. 1, 1933, ch. 144, title III, 47 Stat. 1406, related to requirement that all moneys received from sales of fuel be credited to appropriation for operating expenses of fuel yard.

Section 115a, act Mar. 15, 1934, ch. 70, title I, 48 Stat. 438, related to purchases of coal and wood by government fuel yards and application of statutory requirements as to weighing etc.

§§116, 117. Repealed. Oct. 31, 1951, ch. 654, §1(85), (88), 65 Stat. 704

Section 116, act July 1, 1918, ch. 113, 40 Stat. 673, prohibited use of any moneys appropriated in taking over or in any way interfering with the yards or coal dumps or other facilities for storage and distribution of coal that were used and occupied during the year preceding July 1, 1918, by coal dealers for supplying the general public.

Section 117, act Jan. 24, 1923, ch. 42, 42 Stat. 1211, related to use of appropriations for maintenance and operation of fuel yard in District of Columbia for acquisition of land therefor and construction of a garage building thereon. See section 756 of this title.

§118. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(25), formerly title V, §502(a)(25), 63 Stat. 401; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

Section, act June 5, 1920, ch. 235, 41 Stat. 913; Ex. Ord. No. 4239, July 1, 1925; Ex. Ord. No. 6166, §1, June 10, 1933, related to exchange of motor vehicles and other equipment used by fuel yards for new equipment. See section 471 et seq. of this title and section 251 et seq. of Title 41, Public Contracts.

Effective Date of Repeal

Repeal effective July 1, 1949, see section 505 of act June 30, 1949.

§119. Repealed. Oct. 31, 1951, ch. 654, §1(89), 65 Stat. 705

Section, act June 5, 1920, ch. 235, 41 Stat. 913, related to hauling of sand, gravel, stone, etc., in trucks of Government fuel yards, and payment therefor. See sections 474, 481, and 756 of this title.

§120. Omitted

Codification

Section, act Aug. 30, 1890, ch. 837, §3, 26 Stat. 412, related to proceedings for acquisition of lands in District of Columbia. See D.C. Code, §16–1301 et seq., and notes set out under section 72 of this title.

§121. Regulation of height, design, and construction of private and semipublic buildings adjacent to public buildings and grounds; building permits

In view of the provisions of the Constitution respecting the establishment of the seat of the National Government, the duties it imposed upon Congress in connection therewith, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, it is hereby declared that such development should proceed along the lines of good order, good taste, and with due regard to the public interests involved, and a reasonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings and grounds of major importance. To this end, hereafter when application is made for permit for the erection or alteration of any building, any portion of which is to front or abut upon the grounds of the Capitol, the grounds of the White House, the portion of Pennsylvania Avenue extending from the Capitol to the White House, Lafayette Park, Rock Creek Park, the Zoological Park, the Rock Creek and Potomac Parkway, Potomac Park, The Mall Park System and public buildings adjacent thereto, or abutting upon any street bordering any of said grounds or parks, the plans therefor, so far as they relate to height and appearance, color, and texture of the materials of exterior construction, shall be submitted by the Mayor of the District of Columbia to the Commission of Fine Arts; and the said Commission shall report promptly to said Mayor its recommendations, including such changes, if any, as in its judgment are necessary to prevent reasonably avoidable impairment of the public values belonging to such public building or park; and said Mayor shall take such action as shall, in his judgment, effect reasonable compliance with such recommendation: Provided, That if the said Commission of Fine Arts fails to report its approval or disapproval of such plans within thirty days, its approval thereof shall be assumed and a permit may be issued.

(May 16, 1930, ch. 291, 46 Stat. 366; July 31, 1939, ch. 400, 53 Stat. 1144; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.)

Codification

Section is also set out in D.C. Code, §5–410.

Amendments

1939—Act July 31, 1939, inserted reference to Lafayette Park.

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioner”.

Area of Plats Requiring Certain Building Permits

Section 2 of act May 16, 1930, provided that: “Said Commissioners of the District of Columbia, in consultation with the National Capital Park and Planning Commission, as early as practicable after approval of this act [enacting this section], shall prepare plats defining the areas within which application for building permits shall be submitted to the Commission of Fine Arts for its recommendations.”

§122. Jurisdiction over public lands; transfer by Federal and District authorities

Federal and District authorities administering properties within the District of Columbia owned by the United States or by the said District are authorized to transfer jurisdiction over parts or all of such properties among or between themselves for purposes of administration and maintenance under such conditions as may be mutually agreed upon: Provided, That prior to the consummation of any transfer hereunder such proposed transfer shall be recommended by the National Capital Planning Commission: Provided further, That all such transfers and agreements shall be reported to Congress by the District authorities concerned.

(May 20, 1932, ch. 197, §1, 47 Stat. 161; June 6, 1924, ch. 270, §9, as added July 19, 1952, ch. 949, §1, 66 Stat. 790; Aug. 30, 1954, ch. 1076, §1(20), 68 Stat. 967.)

Codification

Section is also set out in D.C. Code, §8–111.

Amendments

1954—Act Aug. 30, 1954, repealed requirement that Federal authorities concerned should also report to Congress all transfers and agreements authorized by this section.

Transfer of Functions

Section 402(181) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, transferred regulatory and other functions of Board of Commissioners relating to transfer of jurisdiction over properties or parts of properties to Federal authorities, and accepting from Federal authorities jurisdiction over properties or parts thereof under this section, to District of Columbia Council, subject to right of Commissioner as provided by section 406 of Plan. For provisions establishing District of Columbia Council, see section 201 of the Reorg. Plan No. 3 of 1967.

“National Capital Planning Commission” substituted in text for “National Capital Park and Planning Commission”, on authority of act June 6, 1924, ch. 270, §9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder.

Cross References

Letters of transfer and acceptance as authority for the necessary change in the official maps and for record when necessary, see section 79 of this title.

Section Referred to in Other Sections

This section is referred to in section 123 of this title.

§123. Effect of section 122 on existing laws

Nothing in section 122 of this title shall be construed to repeal the provisions of any existing law or laws authorizing the transfer of jurisdiction of certain lands between and among Federal and District authorities, but all such laws shall remain in full force and effect.

(May 20, 1932, ch. 197, §2, 47 Stat. 162.)

Codification

Section is also set out in D.C. Code, §8–112.

§124. Theodore Roosevelt Island; administration; development

The island, known as Theodore Roosevelt Island, shall be maintained and administered by the Director of the National Park Service as a natural park for the recreation and enjoyment of the public: Provided, That no general plan for the development of the island be adopted without the approval of the Theodore Roosevelt Association; and that, so long as this association remains in existence, no development, inconsistent with this plan, be executed without the association's consent.

(May 21, 1932, ch. 200, §1, 47 Stat. 163; Feb. 11, 1933, ch. 48, §1, 47 Stat. 799; Ex. Ord. No. 6166, §2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; May 21, 1953, ch. 63, §2, 67 Stat. 28.)

Codification

Provisions of this section relating to acceptance of Theodore Roosevelt Island by the National Park Service from the Theodore Roosevelt Association have been omitted.

Section is also set out in D.C. Code, §8–158.

Amendments

1953—Act May 21, 1953, substituted “Theodore Roosevelt Association” for “Roosevelt Memorial Association”.

1933—Act Feb. 11, 1933, substituted “Theodore Roosevelt Island” for “Roosevelt Island”.

Transfer of Functions

Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Ex. Ord. No. 6166 abolished Office of Public Buildings and Parks of National Capital and transferred functions thereof to Office of National Parks, Buildings and Reservations of Department of the Interior. Act Mar. 2, 1934, changed name of latter Office to National Park Service.

§125. Means of access; care, maintenance, and improvements; appropriation; Theodore Roosevelt Island

The Director of the National Park Service is authorized to provide suitable means of access to and upon the said Theodore Roosevelt Island as appropriations are made available from time to time and subject to the approval of the National Capital Planning Commission; and the appropriations needed for such construction and annually for the care, maintenance, and improvement of the said lands and improvements, are authorized to be made from any funds not otherwise appropriated from the Treasury of the United States.

(May 21, 1932, ch. 200, §2, 47 Stat. 164; Feb. 11, 1933, ch. 48, §1, 47 Stat. 799; Ex. Ord. No. 6166, §2, June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; June 6, 1924, ch. 279, §9, as added July 19, 1952, ch. 949, §1, 66 Stat. 790.)

Codification

Section is also set out in D.C. Code, §8–159.

Amendments

1933—Act Feb. 11, 1933, substituted “Theodore Roosevelt Island” for “Roosevelt Island”.

Transfer of Functions

“Director of the National Park Service” substituted for “director”, meaning Director of Public Buildings and Public Parks of National Capital. See Transfer of Functions note set out under section 124 of this title.

“National Capital Planning Commission” substituted for “National Capital Park and Planning Commission” on authority of act June 6, 1924, ch. 270, §9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder.

§126. Erection of monument or memorial and related structures; authorization of appropriations; Theodore Roosevelt Island

The Secretary of the Interior shall erect on Theodore Roosevelt Island such monument or memorial to the memory of Theodore Roosevelt, and related structures, as may be approved by the living children of Theodore Roosevelt, the Theodore Roosevelt Association, the Commission of Fine Arts, and the National Capital Planning Commission. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.

(May 21, 1932, ch. 200, §3, 47 Stat. 164; Feb. 11, 1933, ch. 48, §1, 47 Stat. 799; May 21, 1953, ch. 63, §2, 67 Stat. 28; Sept. 13, 1960, Pub. L. 86–764, 74 Stat. 904.)

Codification

Section is also set out in D.C. Code, §8–160.

Amendments

1960—Pub. L. 86–764 substituted provisions for erection of a monument or memorial to memory of Theodore Roosevelt by the Secretary of Interior with the approval of the living children of Theodore Roosevelt and authorizing an appropriation therefor for former provision permitting the Roosevelt Memorial Association to undertake such construction.

1953—Act May 21, 1953, substituted “Theodore Roosevelt Association” for “Roosevelt Memorial Association”.

1933—Act Feb. 11, 1933, substituted “Theodore Roosevelt Island” for “Roosevelt Island”.

§127. Designation in documents, etc.; Theodore Roosevelt Island

In all public documents, records, and maps of the United States in which Roosevelt Island is designated or referred to it shall be designated as “Theodore Roosevelt Island.”

(Feb. 11, 1933, ch. 48, §2, 47 Stat. 799.)

Codification

Section is also set out in D.C. Code, §8–161.

§128. Approval by Administrator of General Services of sketches, plans, and estimates of buildings; exemptions

On and after June 14, 1946, subject to applicable provisions of existing law relating to the functions in the District of Columbia of the National Capital Planning Commission and the Commission of Fine Arts, only the Administrator of General Services shall be required to approve sketches, plans, and estimates for buildings to be constructed by the General Services Administration, except in the case of buildings designed for post-office purposes which shall be approved by the Administrator of General Services and the United States Postal Service.

(June 14, 1946, ch. 404, §8, 60 Stat. 258; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380; June 6, 1924, ch. 279, §9, as added July 19, 1952, ch. 949, §1, 66 Stat. 790; Aug. 12, 1970, Pub. L. 91–375, §4(a), 84 Stat. 773.)

Transfer of Functions

“National Capital Planning Commission” substituted in text for “National Capital Park and Planning Commission” on authority of act June 6, 1924, ch. 270, §9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder.

“Administrator of General Services” substituted in text for “Commissioner of Public Buildings” on authority of act June 30, 1949, which transferred functions of latter to former. See section 753 of this title.

“United States Postal Service” substituted in text for “Postmaster General” pursuant to Pub. L. 91–375, §4(a), set out as a note under section 201 of Title 39, Postal Service, which abolished office of Postmaster General of Post Office Department and transferred its functions to United States Postal Service.

§129. Lease of building space by wholly owned Government corporations; rental

Wholly owned Government corporations requiring space in office buildings at the seat of government shall occupy only such space as may be allotted in accordance with the provisions of section 1 of this title, and shall pay such rental thereon as may be determined by the Administrator of General Services, such rental to include all cost of maintenance, upkeep, and repair.

(July 30, 1947, ch. 358, title III, §306, 61 Stat. 584; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380.)

References in Text

Section 1 of this title, referred to in text, was act Mar. 1, 1919, ch. 86, §10, 40 Stat. 1269, which was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644.

Transfer of Functions

Functions with respect to acquiring space in buildings by lease and functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by section 1 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan.

Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act.

Effective Date of Transfer of Functions

Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949 set out as an Effective Date note under section 471 of this title.

Cross References

Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title.

Section Referred to in Other Sections

This section is referred to in title 12 section 1438.

§129a. Courthouse construction authorized; cost; repayment to United States

The Administrator of General Services is hereby authorized to construct, equip, and furnish the building for the use of the United States Court of Appeals for the District of Columbia and the United States District Court for the District of Columbia, the planning and site acquisition of which were authorized by the Act of May 29, 1947 (Public Law 80, Eightieth Congress), under a total limit of cost for the entire project of $18,665,000, including architectural, engineering, and administrative expenses (which limit of cost also includes the credit of $2,420,000 granted the District of Columbia as compensation for the site of the project by said Act of May 29, 1947, and the $370,000 for plans and specifications heretofore appropriated under Public Law 271, Eightieth Congress, approved July 30, 1947): Provided, That the Mayor of the District of Columbia shall repay to the United States, over a period of twenty-five years, 50 per centum of the cost of the entire project upon completion, less the credit of $2,420,000 granted the District of Columbia as compensation for the site of the project by said Act of May 29, 1947, in equal annual installments, beginning with the July 1 next following the date of completion of the project: Provided further, That the cost of operation, maintenance, and repair of the completed project shall be divided equally between the United States of America and the District of Columbia.

(May 14, 1948, ch. 290, §1, 62 Stat. 235; June 25, 1948, ch. 646, §32(b), 62 Stat. 991; May 24, 1949, ch. 139, §127, 63 Stat. 107; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380; 1967 Reorg. Plan No. 3, §401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.)

References in Text

Act of May 29, 1947 (Public Law 80, Eightieth Congress), and Public Law 271, Eightieth Congress, approved July 30, 1947, referred to in text, are not classified to the Code.

Change of Name

“United States District Court for the District of Columbia” substituted in text for “District Court of the United States for the District of Columbia” on authority of act June 25, 1948, §32(b), as amended by act May 24, 1949, §127.

Transfer of Functions

Functions, powers and duties of Federal Works Administrator transferred to Administrator of General Services by act June 30, 1949, §103(a), which is classified to section 753(a) of this title.

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioners”.

Cancellation of District of Columbia's Share of Costs of Courthouse

Pub. L. 91–358, title I, §173(a)(1), July 29, 1970, 84 Stat. 591, provided that: “All outstanding and future obligations of the Commissioner [now Mayor] of the District of Columbia with respect to the District of Columbia's share of the cost of construction, operation, maintenance, and repair of the United States courthouse in the District of Columbia, as required by the Act of May 14, 1948 (62 Stat. 235) [this section], are canceled upon the effective date of this title [Feb. 1, 1971].”

Section Referred to in Other Sections

This section is referred to in section 130a of this title.

§130. Courthouse for United States Court of Appeals and United States District Court for the District of Columbia; maintenance and operation; allocation of space

The operation, maintenance, and repair of the completed building for the use of the United States Court of Appeals for the District of Columbia and the United States District Court for the District of Columbia shall be under the control of the Administrator of General Services, and the allocation of space therein shall be vested in the chief judge of the United States Court of Appeals for the District of Columbia and the chief judge of the United States District Court for the District of Columbia.

(May 14, 1948, ch. 290, §2, 62 Stat. 235; June 25, 1948, ch. 646, §32(b), 62 Stat. 991; May 24, 1949, ch. 139, §127, 63 Stat. 107; June 30, 1949, ch. 288, title I, §103(a), 63 Stat. 380.)

Change of Name

“United States District Court for the District of Columbia” substituted in text for “District Court of the United States for the District of Columbia” on authority of act June 25, 1948, §32(b), as amended by act May 24, 1949, §127.

The terms chief justice of the United States Court of Appeals for the District of Columbia and the chief justice of the United States District Court for the District of Columbia were changed to chief judge by act June 25, 1948, as amended by act May 29, 1949.

Transfer of Functions

Functions with respect to acquiring space in buildings by lease and functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by section 1 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan.

Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, and functions of Commissioner of Public Buildings and Public Buildings Administration, transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency, office of Federal Works Administrator, office of Commissioner of Public Buildings, and Public Buildings Administration abolished by section 103(b) of that act.

Effective Date of Transfer of Functions

Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of this title.

Section Referred to in Other Sections

This section is referred to in section 130a of this title.

§130a. Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 129a and 130 of this title.

(May 14, 1948, ch. 290, §3, 62 Stat. 235.)

§131. Development of Washington metropolitan region; necessity for coordination

The Congress hereby declares that, because the District which is the seat of the Government of the United States and has now become the urban center of a rapidly expanding Washington metropolitan region, the necessity for the continued and effective performance of the functions of the Government of the United States at the seat of said Government in the District of Columbia, the general welfare of the District of Columbia and the health and living standards of the people residing or working therein and the conduct of industry, trade, and commerce therein require that the development of the District of Columbia and the management of its public affairs shall, to the fullest extent practicable be coordinated with the development of the other areas of the Washington metropolitan region and with the management of the public affairs of such other areas, and that the activities of all of the departments, agencies, and instrumentalities of the Federal Government which may be carried out in, or in relation to, the other areas of the Washington metropolitan region shall, to the fullest extent practicable, be coordinated with the development of such other areas and with the management of their public affairs; all toward the end that, with the cooperation and assistance of the other areas of the Washington metropolitan region, all of the areas therein shall be so developed and the public affairs thereof shall be so managed as to contribute effectively toward the solution of the community development problems of the Washington metropolitan region on a unified metropolitan basis.

(Pub. L. 86–527, §2, June 27, 1960, 74 Stat. 223.)

Codification

Section is also set out in D.C. Code, §1–2101.

Short Title

Section 1 of Pub. L. 86–527 provided that: “This Act [enacting this section and sections 132 to 135 of this title] may be cited as the ‘Washington Metropolitan Region Development Act’.”

Advisory Group

Pub. L. 96–514, title I, §108, Dec. 12, 1980, 94 Stat. 2972, provided that: “The Secretary is authorized to appoint an advisory group which may include government officials, as well as members from outside the government to undertake such activities as may be appropriate to study the effect of future growth and development on the beauty, historic values and other features that make the national capital area unique, and to recommend measures that will protect its values. The advisory group shall designate a chairman and shall complete its work and submit to the Secretary and to the Congress a report with its findings and recommendations within three years of the date of its organization. To support its activities, the advisory group may also receive gifts and grants from private sources. Members of the group shall receive no compensation, but may be reimbursed for travel, per diem, and other reasonable expenses.”

Section Referred to in Other Sections

This section is referred to in sections 132, 133 of this title.

§132. Declaration of policy; coordinated development and management

The Congress further declares that the policy to be followed for the attainment of the objective established by section 131 of this title, and for the more effective exercise by the Congress, the executive branch of the Federal Government and the Mayor of the District of Columbia and all other officers and agencies and instrumentalities of the District of Columbia of their respective functions, powers, and duties in respect of the Washington metropolitan region, shall be that all such functions, powers, and duties shall be exercised and carried out in such manner as (with proper recognition of the sovereignty of the State of Maryland and the Commonwealth of Virginia in respect of those areas of the Washington metropolitan region as are situate within their respective jurisdictions) will best facilitate the attainment of such objective of the coordinated development of the areas of the Washington metropolitan region and coordinated management of their public affairs so as to contribute effectively to the solution of the community development problems of the Washington metropolitan region on a unified metropolitan basis.

(Pub. L. 86–527, §3, June 27, 1960, 74 Stat. 223; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.)

Codification

Section is also set out in D.C. Code, §1–2102.

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. The office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioners”.

Section Referred to in Other Sections

This section is referred to in section 133 of this title.

§133. Priority projects; water supply, sewage disposal, water pollution, and transportation

The Congress further declares that, in carrying out the policy pursuant to section 132 of this title for the attainment of the objective established by section 131 of this title, priority should be given to the solution, on a unified metropolitan basis, of the problems of water supply, sewage disposal, and water pollution and transportation.

(Pub. L. 86–527, §4, June 27, 1960, 74 Stat. 223.)

Codification

Section is also set out in D.C. Code, §1–2103.

Section Referred to in Other Sections

This section is referred to in section 135 of this title.

§134. Study of final report of Joint Committee on Washington Metropolitan Problems; recommendations

The Congress further declares that the officers, departments, agencies, and instrumentalities of the executive branch of the Federal Government and the Mayor of the District of Columbia and the other officers, agencies, and instrumentalities of the District of Columbia, and other agencies of government within the Washington metropolitan region are invited and encouraged to engage in an intensive study of the final report and recommendation of the Joint Committee on Washington Metropolitan Problems with a view to submitting to the Congress the specific recommendations of each of the agencies of government specified.

(Pub. L. 86–527, §5, June 27, 1960, 74 Stat. 223; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.)

Codification

Section is also set out in D.C. Code, §1–2104.

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. The office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioners”.

Section Referred to in Other Sections

This section is referred to in section 135 of this title.

§135. “Washington metropolitan region” defined

As used in sections 131 to 135 of this title, the term “Washington metropolitan region” includes the District of Columbia, the counties of Montgomery and Prince Georges in the State of Maryland, the counties of Arlington and Fairfax and the cities of Alexandria and Falls Church in the Commonwealth of Virginia.

(Pub. L. 86–527, §6, June 27, 1960, 74 Stat. 224.)

Codification

Section is also set out in D.C. Code, §1–2105.

§136. National Capital Service Area

(a) Establishment

There is established within the District of Columbia the National Capital Service Area which shall include, subject to the following provisions of this section, the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and is more particularly described in subsection (f) of this section.

(b) National Capital Service Director

There is established in the Executive Office of the President the National Capital Service Director who shall be appointed by the President. The President, through the National Capital Service Director, shall assure that there is provided, utilizing District of Columbia governmental services to the extent practicable, within the area specified in subsection (a) of this section and particularly described in subsection (f) of this section, adequate fire protection and sanitation services. Except with respect to that portion of the National Capital Service Area comprising the United States Capitol Buildings and Grounds as defined in sections 193a and 193m of this title, the United States Supreme Court Building and Grounds as defined in section 13p of this title, and the Library of Congress Buildings and Grounds as defined in section 167j of title 2, the National Capital Service Director shall assure that there is provided within the remainder of such area specified in subsection (a) of this section and subsection (f) of this section, adequate police protection and maintenance of streets and highways.

(c) Personnel; compensation

The National Capital Service Director shall be entitled to receive compensation at the maximum rate as may be established from time to time for level IV of the Executive Schedule of section 5314 of title 5. The Director may appoint, subject to the provisions of title 5 governing appointments in the competitive service, and fix the pay of, in accordance with the provisions of chapter 51 and subchapter 3 1 of chapter 53 of such title relating to classification and General Schedule pay rates, such personnel as may be necessary.

(d) Omitted

(e) Presidential report to Congress

(1) Within one year after January 2, 1975, the President is authorized and directed to submit to the Congress a report on the feasibility and advisability of combining the Executive Protective Service and the United States Park Police within the National Capital Service Area, and placing them under the National Capital Service Director.

(2) Such report shall include such recommendations, including recommendations for legislative and executive action, as the President deems necessary in carrying out the provisions of paragraph (1) of this subsection.

(f) Boundaries

(1)(A) The National Capital Service Area referred to in subsection (a) is more particularly described as follows:

Beginning  at  that  point  on  the  present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of the Potomac River;

thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center;

thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway;

thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Eighteenth Street Northwest;

thence south on Eighteenth Street Northwest to Constitution Avenue Northwest;

thence east on Constitution Avenue to Seventeenth Street Northwest;

thence north on Seventeenth Street Northwest to Pennsylvania Avenue Northwest;

thence east on Pennsylvania Avenue to Jackson Place Northwest;

thence north on Jackson Place to H Street Northwest;

thence east on H Street Northwest to Madison Place Northwest;

thence south on Madison Place Northwest to Pennsylvania Avenue Northwest;

thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest;

thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest;

thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest;

thence north on John Marshall Place Northwest to C Street Northwest;

thence east on C Street Northwest to Third Street Northwest;

thence north on Third Street Northwest to D Street Northwest;

thence east on D Street Northwest to Second Street Northwest;

thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest;

thence northeast on Louisiana Avenue Northwest to North Capitol Street;

thence north on North Capitol Street to Massachusetts Avenue Northwest;

thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square;

thence following Union Square to F Street Northeast;

thence east on F Street Northeast to Second Street Northeast;

thence south on Second Street Northeast to D Street Northeast;

thence west on D Street Northeast to First Street Northeast;

thence south on First Street Northeast to Maryland Avenue Northeast;

thence generally north and east on Maryland Avenue to Second Street Northeast;

thence south on Second Street Northeast to C Street Southeast;

thence west on C Street Southeast to New Jersey Avenue Southeast;

thence south on New Jersey Avenue Southeast to D Street Southeast;

thence west on D Street Southeast to Canal Street Parkway;

thence southeast on Canal Street Parkway to E Street Southeast;

thence west on E Street Southeast to the intersection of Canal Street Southwest and South Capitol Street;

thence northwest on Canal Street Southwest to Second Street Southwest;

thence south on Second Street Southwest to Virginia Avenue Southwest;

thence generally west on Virginia Avenue to Third Street Southwest;

thence north on Third Street Southwest to C Street Southwest;

thence west on C Street Southwest to Sixth Street Southwest;

thence north on Sixth Street Southwest to Independence Avenue;

thence west on Independence Avenue to Twelfth Street Southwest;

thence south on Twelfth Street Southwest to D Street Southwest;

thence west on D Street Southwest to Fourteenth Street Southwest;

thence south on Fourteenth Street Southwest to the middle of the Washington Channel;

thence generally south and east along the mid-channel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair;

thence due east to the side of the Washington Channel;

thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northern most point of the Eleventh Street Bridge;

thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River;

thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers;

thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia;

thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary;

thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning.


(B) Where the area in paragraph (1) is bounded by any street, such street, and any sidewalk thereof, shall be included within such area.

(2) Any Federal real property affronting or abutting, as of December 24, 1973, the area described in paragraph (1) shall be deemed to be within such area.

(3) For the purposes of paragraph (2), Federal real property affronting or abutting such area described in paragraph (1) shall—

(A) be deemed to include, but not limited to, Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and

(B) not be construed to include any area situated outside of the District of Columbia boundary as it existed immediately prior to the date of the enactment of this Act, nor be construed to include any portion of the Anacostia Park situated east of the northern side of the Eleventh Street Bridge, or any portion of the Rock Creek Park.

(g) Presidential survey; map and description

(1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized and directed to conduct a survey of the area described in this section in order to establish the proper metes and bounds of such area, and to file, in such manner and at such place as he may designate, a map and a legal description of such area, and such description and map shall have the same force and effect as if included in this Act, except that corrections of clerical, typographical and other errors in any such legal descriptions and map may be made. In conducting such survey, the President shall make such adjustments as may be necessary in order to exclude from the National Capital Service Area any privately owned properties, and buildings and adjacent parking facilities owned by the District of Columbia government.

(2) In carrying out the provisions of paragraph (1) of this subsection, the President shall, to the extent that such survey, legal description, and map involves areas comprising the United States Capitol Buildings and Grounds as defined in sections 193a and 193m of this title, and other buildings and grounds under the care of the Architect of the Capitol, consult with the Architect of the Capitol.

(3)–(9) Omitted

(h) Creation of National Capital Service Area not to affect existing provisions covering buildings and grounds within Area; availability of services and facilities

(1) Except to the extent specifically provided by the provisions of this section, and amendments made by this section, nothing in this section shall be applicable to the United States Capitol Buildings and Grounds as defined in sections 193a and 193m of this title, or to any other buildings and grounds under the care of the Architect of the Capitol, the United States Supreme Court Building and Grounds as defined in section 13p of this title, and the Library of Congress Buildings and Grounds as defined in section 167j of title 2, and except to the extent herein specifically provided, including amendments made by this section, nothing in this section shall be construed to repeal, amend, alter, modify, or supersede any provision of sections 193a to 193m, 212a, 212a–2, and 212b of this title, or any other of the general laws of the United States or any of the laws enacted by the Congress and applicable exclusively to the District of Columbia, or any rule or regulation promulgated pursuant thereto, in effect on January 1, 1975, pertaining to said buildings and grounds, or any existing authority, with respect to such buildings and grounds, vested by law, or otherwise, on such date, in the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, or the Librarian of Congress.

(2) Notwithstanding the foregoing provision of this section, any of the services and facilities authorized by this Act to be rendered or furnished (including maintenance of streets and highways, and services under section 1537 of title 31) shall, as far as practicable, be made available to the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch vested by law or otherwise on January 1, 1975, with authority over such buildings and grounds, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, and the Librarian of Congress, upon their request, and, if payment would be required for the rendition or furnishing of a similar service or facility to any other Federal agency, payment therefor shall be made by the recipient thereof, upon presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the parties rendering and receiving such services).

(i) Continued application of laws, rules, and regulations covering areas within National Capital Service Area

Except to the extent otherwise specifically provided in the provisions of this section, and amendments made by this section, all general laws of the United States and all laws enacted by the Congress and applicable exclusively to the District of Columbia, including regulations and rules promulgated pursuant thereto, in effect on January 1, 1975, and which, on such date, are applicable to and within the areas included within the National Capital Service Area pursuant to this section shall, on and after January 2, 1975, continue to be applicable to and within such National Capital Service Area in the same manner and to the same extent as if this section had not been enacted, and shall remain so applicable until such time as they are repealed, amended, altered, modified, or superseded, and such laws, regulations and rules shall thereafter be applicable to and within such area in the manner and to the extent so provided by any such amendment, alteration, or modification.

(j) Residency within National Capital Service Area

In no case shall any person be denied the right to vote or otherwise participate in any manner in any election in the District of Columbia solely because such person resides within the National Capital Service Area.

(Pub. L. 93–198, title VII, §739, Dec. 24, 1973, 87 Stat. 825.)

References in Text

The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c), are classified to section 3301 et seq. of Title 5, Government Organization and Employees.

This Act, referred to in subsecs. (g)(1) and (h)(2), means the District of Columbia Self-Government and Governmental Reorganization Act, Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 774, which is classified principally to the District of Columbia Code. See chapter 2 (§1–201 et seq.) of Title 1, Administration, of the District of Columbia Code. For classification of this Act to the U.S. Code, see Tables.

The amendments made by this section, referred to in subsecs. (h)(1) and (i), means the amendments made by section 739(d) and (g)(3) to (9) of Pub. L. 93–198, which amended sections 13n, 193a, 212a, and 212b of this title and section 167h of Title 2, The Congress, and enacted provision set out as a note under section 193a of this title.

Codification

Subsecs. (d) and (g)(3) to (9) of this section made the amendments specified in the References in Text note above.

In subsec. (h)(2), “section 1537 of title 31” substituted for “section 731 of this Act [31 U.S.C. 685a]” on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Section is also set out in section 9–142 of the District of Columbia Code.

Definitions

The definitions in section 103 of Pub. L. 93–198 (which is classified to section 1–202 of the District of Columbia Code) apply to this section.

1 So in original. Probably should be subchapter “III”.

CHAPTER 2—CAPITOL BUILDING AND GROUNDS

Sec.
161.
Title of Superintendent of Capitol Building and Grounds changed to Architect of Capitol.
161a.
Repealed.
162.
Architect of Capitol; powers and duties.
162–1.
Appointment of Architect of Capitol.
162a.
Compensation of Architect of Capitol.
162b.
Semiannual report of expenditures by Architect of Capitol.
163.
Care and superintendence of Capitol by Architect of Capitol.
163a.
Exterior of Capitol, duty of Architect.
163b.
Delegation of authority by Architect of Capitol.
164.
Omitted.
164a.
Assistant Architect of Capitol to act in case of absence, disability, or vacancy.
165.
Repealed.
166.
Architect of Capitol; repairs of Capitol.
166a.
Travel expenses.
166a–1.
Appropriations under control of Architect of Capitol; availability for expenses of advertising.
166b, 166b–1. Omitted or Repealed.
166b–1a.
Compensation of employees under Architect of Capitol; single per annum gross rates of pay.
166b–1b.
Conversion by Architect of Capitol of existing basic pay rates to per annum gross pay rates.
166b–1c.
Obsolete references in existing law to basic pay rates.
166b–1d.
Savings provisions.
166b–1e.
Effect on existing law.
166b–1f.
Exemptions.
166b–2.
Registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings; allocation to General Schedule salary grade.
166b–3.
Authorization to fix basic rate of compensation for certain positions.
166b–3a.
Compensation of certain positions in Office of Architect of Capitol.
(a)
Amount of compensation to be that specified in appropriations Acts.
(b)
Positions covered.
(c)
Calculation of amounts.
(d)
Effective date.
166b–3b.
Compensation of certain positions under jurisdiction of Architect of Capitol.
(a)
Director of Engineering.
(b)
Other listed positions.
(c)
Authority to list additional positions.
166b–4.
Gratuities for survivors of deceased employees under jurisdiction of Architect of Capitol.
166b–5.
Withholding and remittance of State income tax by Architect of Capitol.
(a)
Agreement by Architect with appropriate State official; covered individuals.
(b)
Number of remittances authorized.
(c)
Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations.
(d)
Time or times of agreements by Architect.
(e)
Provisions as not imposing duty, burden, requirement or penalty upon United States or any officer or employee of United States.
(f)
“State” defined.
166b–6.
Assignment and reassignment of personnel by Architect of Capitol for personal services.
166b–7.
Architect of the Capitol human resources program.
(a)
Short title.
(b)
Finding and purpose.
(c)
Personnel management system.
(d)
Implementation of personnel management system.
(e)
Discrimination complaint processing.
166c.
Acquisition of surplus supplies, materials, etc.; priority.
166d.
Rental or lease of storage space.
166e.
Funds out of Contingent Expenses, Architect of Capitol.
166f.
Funds out of Capitol Buildings, Architect of Capitol.
167.
Lighting, heating, and ventilating House of Representatives.
167a.
Repealed.
168.
Heating and ventilating Senate wing.
168a.
Repealed.
169.
Furniture for House of Representatives.
170.
Purchase of furniture or carpets for House or Senate.
170a.
Transferred.
171.
Transfer of discontinued apparatus to other branches.
172.
Repealed.
173.
Estimates for improvements in grounds.
174, 174a. Omitted.
174b.
Senate Office Building; approval of structural changes by Architect of Capitol.
174b–1.
Additional Senate office building.
174c.
Control, care, and supervision of Senate Office Building.
174d.
Assignment of space in Senate Office Building.
174d–1.
Assignment of space for meetings of joint committees, conference committees, etc.
174e.
Certification of vouchers by Architect of Capitol.
174f to 174j. Omitted.
174j–1.
Senate Restaurants; management by Architect of Capitol; approval of matters of general policy; termination.
174j–2.
Omitted.
174j–3.
Authorization and direction to effectuate purposes of sections 174j–1 to 174j–7 of this title.
174j–4.
Special deposit account; establishment; appropriations; approval of payments.
174j–5.
Deposits and disbursements under special deposit account.
174j–6.
Bond of Architect, Assistant Architect, and other employees.
174j–7.
Supersedure of prior provisions for maintenance and operation of Senate Restaurants.
174j–8.
Management personnel and miscellaneous expenses; availability of appropriations; annual and sick leave.
174j–9.
Loans for Senate Restaurants.
(a)
Borrowing authority.
(b)
Amount and period of loan; voucher.
(c)
Deposit, credit, and future availability of proceeds from repayment.
174k.
House of Representatives restaurant, cafeteria, and food services.
(a)
Management and duties.
(b)
Transfer of accounts, records, supplies, equipment, and assets.
(c)
Special deposit account.
(d)
Effective date.
175.
House Office Building; control, supervision, and care.
176.
Speaker as member of House Office Building commission.
177.
Assignment of rooms in House Office Building.
178.
Vacant rooms; assignment to Representatives.
179.
Vacant rooms; withdrawal by Representatives of request for assignment; relinquishment of rooms previously assigned.
180.
Exchange of rooms.
181.
Record of assignment of rooms, etc.
182.
Assignment of rooms to Commissioner from Puerto Rico.
183.
Assignment etc., of rooms; control of by House.
184.
Assignment of unoccupied space.
184a.
John W. McCormack Residential Page School.
(a)
Construction authorization for dormitory and classroom facilities complex.
(b)
Acquisition of property in District of Columbia.
(c)
Condemnation proceedings.
(d)
Transfer of United States owned property.
(e)
Alley and street closures by Mayor of the District of Columbia.
(f)
United States Capitol Grounds provisions applicable.
(g)
Designation; employment of services under supervision and control of Architect of Capitol: joint approval and direction of Speaker and President pro tempore; annual estimates to Congress; regulations governing Architect of Capitol.
(h)
Joint appointee for supervision and control over page activities; regulations; Residence Superintendent of Pages: appointment, compensation, and duties; additional personnel: appointment and compensation.
(i)
Sections 88a and 88b of title 2 unaffected.
184b to 184f. Repealed.
184g.
House of Representatives Child Care Center.
(a)
Maintenance and operation; admission of children.
(b)
Advisory board; membership, functions, etc.
(c)
Duties of Clerk of House of Representatives.
(d)
Salaries and expenses; funding limits.
(e)
Definitions.
185.
Capitol power plant.
185a.
Senate Garage; control, supervision, servicing of official motor vehicles.
186.
Transfer of material and equipment to Architect.
187.
National Statuary Hall.
188.
Works of fine arts.
188a.
United States Capitol Preservation Commission.
(a)
Establishment and purposes.
(b)
Membership.
(c)
Designees.
(d)
Architect of the Capitol.
(e)
Staff support and assistance.
188a–1.
Authority of Commission to accept gifts and conduct other transactions relating to works of fine art and other property.
(a)
In general.
(b)
Transfer and disposition of works of fine art and other property.
(c)
Requirements for conduct of transactions.
188a–2.
Capitol Preservation Fund.
(a)
In general.
(b)
Availability of fund.
(c)
Transaction costs and proportionality.
(d)
Deposits, credits, and disbursements.
(e)
Investments.
188a–3.
Audits by the Comptroller General.
188a–4.
Advisory boards.
188a–5.
“Member of the House of Representatives” defined.
188b.
Senate Commission on Art.
(a)
Establishment.
(b)
Chairman and Vice Chairman; quorum; Executive Secretary.
(c)
Selection of Curator of Art and Antiquities of the Senate; availability of professional and clerical assistance.
(d)
Hearings and meetings.
188b–1.
Duties of Commission.
(a)
In general.
(b)
Issuance and publication of regulations.
(c)
Consistency of regulations.
(d)
Responsibilities of Committee on Rules and Administration of Senate.
188b–2.
Supervision and maintenance of Old Senate Chamber.
188b–3.
Publication of list of works of art, historical objects, and exhibits.
188b–4.
Authorization of appropriations.
188b–5.
Additional authority for Senate Commission on Art to acquire works of art, historical objects, documents, or exhibits.
188b–6.
Conservation, restoration, replication, or replacement of items in United States Senate Collection.
(a)
Use of moneys in Senate contingent fund.
(b)
United States Senate Collection.
(c)
Approval of disbursements by Chairman or Executive Secretary of Senate Commission on Art.
188c.
House of Representatives Fine Arts Board.
(a)
Establishment and authority.
(b)
Clerk of the House of Representatives.
(c)
Architect of the Capitol.
188c–1.
Acceptance of gifts on behalf of the House of Representatives.
189.
Art exhibits.
190.
Private studios and works of art.
190a.
Omitted.
190b.
Location of reference library for Senate and House of Representatives.
191, 192.
Repealed or Omitted.
193.
Protection of buildings and property.
193a.
United States Capitol Grounds; area comprising; jurisdiction.
193b.
Public use of Capitol Grounds.
193c.
Obstruction of roads; conveyance of goods or merchandise; Capitol Grounds.
193d.
Sale of articles; signs; solicitation; Capitol Grounds.
193e.
Injuries to property; Capitol Grounds.
193f.
Capitol Grounds and Buildings security.
(a)
Firearms, dangerous weapons, explosives, or incendiary devices.
(b)
Violent entry and disorderly conduct.
(c)
Exemption of Government officials.
193g.
Parades or assemblages; display of flags; Capitol Grounds.
193h.
Prosecution and punishment of offenses.
(a)
Firearms, dangerous weapons, explosives, or incendiary device offenses.
(b)
Other offenses.
(c)
Procedure.
193i.
Assistance to authorities by Capitol employees.
193j.
Suspension of prohibitions against use of grounds.
193k.
Power of Capitol Police Board to suspend prohibitions.
193l.
Concerts on grounds.
193m.
Definitions.
193m–1.
Audit for private organizations conducting activities or performing services in or on United States Capitol Buildings or Grounds; report to Congress.
193n.
Smithsonian Institution; policing of buildings and grounds.
193o.
Public use of Smithsonian grounds.
193p.
Sale of articles; signs; solicitation; Smithsonian grounds.
193q.
Injury to property; Smithsonian grounds.
193r.
Additional protective regulations; publication; Smithsonian grounds.
193s.
Prosecution and punishment; Smithsonian grounds.
193t.
Police power; Smithsonian grounds.
193u.
Suspension of regulations; Smithsonian grounds.
193v.
“Buildings and grounds” defined.
193w.
Repealed.
193x.
Enforcement power of special police.
194 to 205. Repealed.
206.
Capitol Police; appointment; Chief of the Capitol Police.
206–1.
Capitol Police; compensation of Chief.
206a to 206a–8. Omitted.
206b.
Emergency duty overtime pay for Capitol Police from funds disbursed by the Clerk of the House of Representatives.
(a)
Entitlement of officer or member.
(b)
Determination of rate of compensation.
(c)
Written election by officer for compensation or compensatory time off for additional hours of duty.
(d)
Certification procedure for additional compensation.
(e)
Transfer of accrued compensatory time off or receipt of lump-sum payment upon termination of service.
(f)
Definitions.
(g)
Contingent fund of House available for payment of overtime pay.
206c.
Emergency duty overtime pay for Capitol Police from funds disbursed by Secretary of the Senate; compensatory time off in place of additional pay; election, accrual and transfer of time off; rules and regulations.
207.
Payment of Capitol Police.
207a.
Unified payroll administration for Capitol Police.
208.
Suspension of Capitol Police members.
209.
Pay of Capitol Police members under suspension.
210.
Uniform, belts and arms; Capitol Police.
210a.
Uniforms to display United States flag or colors.
211.
Uniform; at whose expense; Capitol Police.
212.
Wearing uniform on duty; Capitol Police.
212a.
Policing of Capitol Buildings and Grounds; powers of Capitol Police; arrests by Capitol Police for crimes of violence; arrests by District of Columbia police.
212a–1.
Capitol Grounds and Library of Congress Grounds; detail of police.
212a–2.
Protection of Members of Congress, officers of Congress, and members of their families.
(a)
Authority of the Capitol Police.
(b)
Detail of police.
(c)
Arrest of suspects.
(d)
Fines and penalties.
(e)
Construction of provisions.
(f)
“United States” defined.
212a–3.
Law enforcement authority of Capitol Police.
(a)
Scope.
(b)
Area.
(c)
Authority of Metropolitan Police unaffected.
(d)
“Crime of violence” defined.
212b.
Regulation of traffic by Capitol Police Board.
(a)
Exclusive charge and control of all vehicular and other traffic.
(b)
Promulgation of regulations.
(c)
Printing of regulations and effective dates.
(d)
Cooperation with Mayor of District of Columbia.
213, 213a. Repealed or Omitted.
214.
Protection of grounds.
214a.
Omitted.
214b.
Designation of Capitol grounds as play area for children of Members and employees of Senate or House of Representatives.
(a)
Authority of Capitol Police Board.
(b)
Required approval; fences; termination of authority.
(c)
Playground equipment; required approval.
(d)
Day care center.
214c.
Senate Employee Child Care Center.
(a)
Applicability of provisions.
(b)
Employee election of health care insurance coverage.
(c)
Deductions and withholding from employee pay.
(d)
Employee records; amount of deductions.
(e)
Government contributions.
(f)
Regulations.
214d.
Child care center employee benefits.
(a)
Election for coverage.
(b)
Payment of deposit; payroll deduction.
(c)
Survivor annuities and disability benefits.
(d)
Participation in Thrift Savings Plan.
(e)
Life insurance coverage.
(f)
Government contributions.
(g)
Certification of creditable service.
(h)
Payment to center of amounts equal to Federal tax on employers.
(i)
Administrative provisions.
(j)
Regulations.
215.
Supervision of Botanical Garden.
216.
Superintendent, etc., of Botanical Garden and greenhouses.
216a.
Restriction on use of appropriation for Botanical Garden.
216b.
Utilization of personnel by Architect of Capitol for maintenance and operation of Botanic Garden.
216c.
National Garden.
(a)
Establishment; gifts.
(b)
Gifts and bequests of money; appropriations.
(c)
Donations of personal services.
(d)
Tax deductions.
216d.
Disbursement of appropriations for Botanic Garden.
217.
Repealed.
217a.
Plant material exchanges.
217b to 222. Repealed or Omitted.
223.
Capitol Grounds shuttle service; purchase, etc., of vehicles.
224.
Transportation of House Pages by Capitol Grounds shuttle service.

        

Cross References

Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title.

Reorganization of Executive Agencies, see Executive Order No. 6166, §§1, 2, promulgated June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees.

Right of action for death or personal injury within national park or other place under exclusive jurisdiction of United States or governed by State laws, see section 457 of Title 16, Conservation.

§161. Title of Superintendent of Capitol Building and Grounds changed to Architect of Capitol

The title of “Superintendent of the Capitol Building and Grounds” is changed to “Architect of the Capitol.”

(Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291.)

Codification

The title of Architect of the Capitol was changed to Superintendent of the Capitol Building and Grounds, by act Feb. 14, 1902, popularly known as the “Urgent Deficiency Appropriation Act for 1902”.

Act Mar. 3, 1921, restored the original title, and is based on the Legislative, Executive, and Judicial Appropriation Act Mar. 3, 1921, fiscal year 1922.

Prior Provisions

Act May 2, 1828, ch. 45, §1, 4 Stat. 266, abolished office of Architect of the Capitol. The duties of that office were transferred to Commissioner of Public Buildings and Grounds, appointed by President under act April 29, 1816, ch. 150, §2, 3 Stat. 324, to succeed a previously existing board of three commissioners of Public Buildings and Grounds.

Act Mar. 3, 1829, ch. 151, §2, 4 Stat. 363, authorized President to continue office of Architect of the Capitol long enough to complete work in progress.

Act Sept. 30, 1850, ch. 90, §1, 9 Stat. 538, made appropriation for “the extension of the Capitol” according to the plan as might be approved by the President, to be expended under his direction, “by such architect as he may appoint to execute the same.” Subsequent acts frequently referred to the Architect of the Capitol or to the Architect of the Capitol Extension.

Act Mar. 2, 1867, ch. 167, §2, 14 Stat. 466, abolished office of Commissioner of Public Buildings and Grounds referred to in section 162 of this title, and transferred the duties of that office to the Chief of Engineers of the Army.

Act Aug. 15, 1876, ch. 287, §1, 19 Stat. 147, transferred duties relative to the Capitol theretofore performed by Commissioner of Public Buildings and Grounds to Architect of the Capitol.

§161a. Repealed. June 20, 1929, ch. 33, §6, 46 Stat. 39

Section, act May 24, 1924, ch. 183, 43 Stat. 149, related to compensation of employees of the office of the Architect of the Capitol. Under section 3 of act June 20, 1929, such employees came within the Classification Act of 1923, which was set out in section 661 et seq. of former Title 5, Executive Departments and Government Officers and Employees. The Classification Act of 1923 was repealed, and superseded by the Classification Act of 1949, which was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644. The former provisions of the Classification Act of 1949 are now covered by chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees.

§162. Architect of Capitol; powers and duties

The Architect of the Capitol shall perform all the duties relative to the Capitol Building performed prior to August 15, 1876, by the Commissioner of Public Buildings and Grounds, and shall be appointed by the President: Provided, That no change in the architectural features of the Capitol Building or in the landscape features of the Capitol Grounds shall be made except on plans to be approved by Congress.

(Aug. 15, 1876, ch. 287, 19 Stat. 147; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291.)

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Cross References

Appropriations under control of the Architect of the Capitol, see section 166a–1 of this title.

Duties of Architect with respect to Library of Congress Building, see sections 141 and 143 of Title 2, The Congress.

§162–1. Appointment of Architect of Capitol

(a)(1) The Architect of the Capitol shall be appointed by the President by and with the advice and consent of the Senate for a term of 10 years.

(2) There is established a commission to recommend individuals to the President for appointment to the Office of Architect of the Capitol. The Commission 1 shall be composed of—

(A) the Speaker of the House of Representatives,

(B) the President pro tempore of the Senate,

(C) the majority and minority leaders of the House of Representatives and the Senate, and

(D) the chairmen and the ranking minority members of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate.


The commission shall recommend at least three individuals for appointment to such office.

(3) An individual appointed Architect of the Capitol under paragraph (1) shall be eligible for reappointment to such office.

(b) Subsection (a) of this section shall be effective in the case of appointments made to fill vacancies in the Office of Architect of the Capitol which occur on or after November 21, 1989. If no such vacancy occurs within the six-year period which begins on November 21, 1989, no individual may, after the expiration of such period, hold such office unless the individual is appointed in accordance with subsection (a) of this section.

(Pub. L. 101–163, title III, §319, Nov. 21, 1989, 103 Stat. 1068.)

Change of Name

Committee on House Administration of House of Representatives changed to Committee on House Oversight of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

1 So in original. Probably should not be capitalized.

§162a. Compensation of Architect of Capitol

The compensation of the Architect of the Capitol shall be at an annual rate which is equal to the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5.

(Pub. L. 88–426, title II, §203(c), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90–206, title II, §219(2), Dec. 16, 1967, 81 Stat. 639; Pub. L. 94–82, title II, §204(b), Aug. 9, 1975, 89 Stat. 421; Pub. L. 96–146, §1(1), Dec. 14, 1979, 93 Stat. 1086.)

Prior Provisions

A prior section 162a, acts Oct. 15, 1949, ch. 695, §5(a), 63 Stat. 880; Aug. 5, 1955, ch. 568, §101, 69 Stat. 515, prescribed annual rate of basic compensation of Architect of the Capitol, prior to repeal by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 655.

Amendments

1979—Pub. L. 96–146 increased compensation of Architect to an annual rate equal to annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5.

1975—Pub. L. 94–82 increased compensation of Architect to an annual rate equal to rate for positions at level IV of the Executive Schedule.

1967—Pub. L. 90–206, §219(2), substituted “$28,750” for “$27,000”.

Effective Date of 1979 Amendment

Section 2 of Pub. L. 96–146 provided that: “The provisions of this Act [amending this section and section 166b of this title] shall take effect on the first day of the first applicable pay period commencing on or after the date of the enactment of this Act [Dec. 14, 1979].”

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90–206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure.

Effective Date

Section effective first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.

Salary Increases

1987—Salary of Architect increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.

1977—Salary of Architect increased to $50,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2.

1969—Salary of Architect increased to $38,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2.

Repeals

Pub. L. 90–206, title II, §219(2), Dec. 16, 1967, 81 Stat. 639, cited as a credit to this section, was repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1080.

Section Referred to in Other Sections

This section is referred to in title 2 section 356.

§162b. Semiannual report of expenditures by Architect of Capitol

(1) Commencing with the semiannual period beginning January 1, 1965 and for each semiannual period thereafter, the Architect of the Capitol shall compile and, not later than sixty days following the close of the semiannual period, submit to the Senate and the House of Representatives a report of all expenditures made from monies appropriated to the Architect of the Capitol, based on payrolls and other vouchers transmitted during such period to the Treasury Department for disbursement, such report to include (1) the name, title, and gross salary payment to each employee; (2) a list of government contributions to retirement, health, insurance, and other similar funds; and (3) name of payee, brief description of service rendered or items furnished under contract, purchase order or other agreement. Such report shall be printed as a Senate document.

(2) The report by the Architect of the Capitol under paragraph (1) for the semiannual period beginning on January 1, 1976, shall include the period beginning on July 1, 1976, and ending on September 30, 1976, and such semiannual period shall be treated as closing on September 30, 1976. Thereafter, the report by the Architect of the Capitol under paragraph (1) shall be for the semiannual periods beginning on October 1 and ending on March 31 and beginning on April 1 and ending on September 30 of each year.

(Pub. L. 88–454, §105(b), Aug. 20, 1964, 78 Stat. 551; Pub. L. 94–303, title I, §118(c), June 1, 1976, 90 Stat. 616.)

Amendments

1976—Pub. L. 94–303 designated existing provisions as par. (1) and added par. (2).

Section Referred to in Other Sections

This section is referred to in title 2 section 356.

§163. Care and superintendence of Capitol by Architect of Capitol

The Architect of the Capitol shall have the care and superintendence of the Capitol, including lighting. His office shall be in the Capitol Building.

(Aug. 15, 1876, ch. 287, 19 Stat. 147; Mar. 3, 1877, ch. 102, 19 Stat. 298; Oct. 31, 1951, ch. 654, §3(14), 65 Stat. 708.)

Codification

Section is based on appropriation for the person in charge  of  hearing  apparatus  in act Aug. 15, 1876, popularly known as the “Sundry Civil Appropriation Act”. It was repeated in the similar act Mar. 3, 1877.

Amendments

1951—Act Oct. 31, 1951, struck out “, and shall submit through the Secretary of the Interior estimates thereof” at end of first sentence.

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Cross References

Lighting of the Capitol, see sections 167 and 185 of this title.

§163a. Exterior of Capitol, duty of Architect

It shall be the duty of the Architect to clean and keep in proper order the exterior of the Capitol.

(July 7, 1884, ch. 332, 23 Stat. 209.)

§163b. Delegation of authority by Architect of Capitol

The Architect of the Capitol is authorized hereafter to delegate to the Assistant Architect and other assistants such authority of the Architect as he may deem proper.

(Aug. 5, 1955, ch. 568, 69 Stat. 515.)

§164. Omitted

Codification

Section, acts July 7, 1898, ch. 571, 30 Stat. 672; Apr. 17, 1900, ch. 192, 31 Stat. 125; Mar. 3, 1901, ch. 830, §1, 31 Stat. 1000, related to absence, disability, or vacancy of Architect of the Capitol. See section 164a of this title.

§164a. Assistant Architect of Capitol to act in case of absence, disability, or vacancy

On and after August 18, 1970, the Assistant Architect of the Capitol shall act as Architect of the Capitol during the absence or disability of that official or whenever there is no Architect.

(Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 817; Pub. L. 101–163, title I, §106(d), Nov. 21, 1989, 103 Stat. 1057.)

Codification

Section is from Pub. L. 91–382, popularly known as the “Legislative Branch Appropriation Act, 1971”.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Oct. 2, 1962, Pub. L. 87–730, 76 Stat. 688.

Aug. 10, 1961, Pub. L. 87–130, 75 Stat. 329.

July 12, 1960, Pub. L. 86–628, 74 Stat. 455.

Aug. 21, 1959, Pub. L. 86–176, 73 Stat. 407.

July 31, 1958, Pub. L. 85–570, 72 Stat. 448.

July 1, 1957, Pub. L. 85–75, 71 Stat. 251.

June 27, 1956, ch. 453, 70 Stat. 365.

Aug. 5, 1955, ch. 568, 69 Stat. 515.

July 2, 1954, ch. 455, title I, 68 Stat. 405.

Aug. 1, 1953, ch. 304, title I, 67 Stat. 327.

July 9, 1952, ch. 598, 66 Stat. 472.

Oct. 11, 1951, ch. 485, 65 Stat. 396.

Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 602.

June 22, 1949, ch. 235, 63 Stat. 224.

June 14, 1948, ch. 467, 62 Stat. 430.

July 17, 1947, ch. 262, 61 Stat. 369.

July 1, 1946, ch. 530, 60 Stat. 400.

May 18, 1946, ch. 263, title I, 60 Stat. 185.

June 13, 1945, ch. 189, 59 Stat. 251.

June 26, 1944, ch. 277, title I, 58 Stat. 346.

June 28, 1943, ch. 173, title I, 57 Stat. 232.

June 8, 1942, ch. 396, 56 Stat. 341.

July 1, 1941, ch. 268, 55 Stat. 457.

June 18, 1940, ch. 396, 54 Stat. 472.

June 16, 1939, ch. 208, 53 Stat. 831.

May 17, 1938, ch. 236, 52 Stat. 390.

May 18, 1937, ch. 223, 50 Stat. 179.

Apr. 17, 1936, ch. 233, 49 Stat. 1224.

July 8, 1935, ch. 374, 49 Stat. 469.

May 30, 1934, ch. 372, 48 Stat. 826.

Feb. 28, 1933, ch. 134, 47 Stat. 1360.

June 30, 1932, ch. 314, 47 Stat. 391.

Feb. 20, 1931, ch. 234, 46 Stat. 1183.

June 6, 1930, ch. 407, 46 Stat. 513.

Amendments

1989—Pub. L. 101–163 struck out “, and, in case of the absence or disability of the Assistant Architect, the Executive Assistant shall so act” before period at end.

Section Referred to in Other Sections

This section is referred to in section 166b–3a of this title.

§165. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 634

Section, act Mar. 3, 1879, ch. 182, 20 Stat. 391, required disbursing clerk of Department of the Interior to act as disbursing clerk of Architect of the Capitol.

§166. Architect of Capitol; repairs of Capitol

All improvements, alterations, additions, and repairs of the Capitol Building shall be made by the direction and under the supervision of the Architect of the Capitol.

(R.S. §1816; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291; Oct. 31, 1951, ch. 654, §3(15), 65 Stat. 708.)

Codification

R.S. §1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat. 617; acts Mar. 30, 1867, ch. 24, §2, 15 Stat. 13; July 20, 1868, ch. 177, §1, 15 Stat. 115; Mar. 3, 1869, ch. 121, §1, 15 Stat. 283, 284; Mar. 3, 1871, ch. 114, §1, 16 Stat. 500; Aug. 15, 1876, ch. 287, 19 Stat. 147.

Amendments

1951—Act Oct. 31, 1951, struck out requirement that such improvements, etc., should be paid for by Secretary of the Interior out of appropriations for Capitol extension, and from no other appropriation.

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Energy Management Requirements for Congressional Buildings

Pub. L. 102–486, title I, §168, Oct. 24, 1992, 106 Stat. 2862, provided that:

“(a) In General.—The Architect of the Capitol (hereafter in this section referred to as the ‘Architect’) shall undertake a program of analysis and, as necessary, retrofit of the Capitol Building, the Senate Office Buildings, the House Office Buildings, and the Capitol Grounds, in accordance with subsection (b).

“(b) Program.—

“(1) Lighting.—

“(A) Implementation.—

“(i) In general.—Not later than 18 months after the date of the enactment of this Act [Oct. 24, 1992] and subject to the availability of funds to carry out this section, the Architect shall begin implementing a program to replace in each building described in subsection (a) all inefficient office and general use area fluorescent lighting systems with systems that incorporate the best available design and technology and that have payback periods of 10 years or less, as determined by using methods and procedures established under section 544(a) of the National Energy and Conservation Policy Act (42 U.S.C. 8254(a)).

“(ii) Replacement of incandescent lighting.—Whenever practicable in office and general use areas, the Architect shall replace incandescent lighting with efficient fluorescent lighting.

“(B) Completion.—Subject to the availability of funds to carry out this section, the program described in subparagraph (A) shall be completed not later than 5 years after the date of the enactment of this Act.

“(2) Evaluation and report.—

“(A) In general.—Not later than 6 months after the date of the enactment of this Act [Oct. 24, 1992], the Architect shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report evaluating potential energy conservation measures for each building described in subsection (a) in the areas of heating, ventilation, air conditioning equipment, insulation, windows, domestic hot water, food service equipment, and automatic control equipment.

“(B) Costs.—The report submitted under subparagraph (A) shall detail the projected installation cost, energy and cost savings, and payback period of each energy conservation measure, as determined by using methods and procedures established under section 544(a) of the National Energy Conservation Policy Act (42 U.S.C. 8254(a)).

“(3) Review and approval of energy conservation measures.—The Committee on Public Works and Transportation of the House of Representatives and the Committee on Rules and Administration of the Senate shall review the energy conservation measures identified in accordance with paragraph (2) and shall approve any such measure before it may be implemented.

“(4) Utility incentive programs.—In carrying out this section, the Architect is authorized and encouraged to—

“(A) accept any rebate or other financial incentive offered through a program for energy conservation or demand management of electricity, water, or gas that—

“(i) is conducted by an electric, natural gas, or water utility;

“(ii) is generally available to customers of the utility; and

“(iii) provides for the adoption of energy efficiency technologies or practices that the Architect determines are cost-effective for the buildings described in subsection (a); and

“(B) enter into negotiations with electric and natural gas utilities to design a special demand management and conservation incentive program to address the unique needs of the buildings described in subsection (a).

“(5) Use of savings.—The Architect shall use an amount equal to the rebate or other savings from the financial incentive programs under paragraph (4)(A), without additional authorization or appropriation, for the implementation of additional energy and water conservation measures in the buildings under the jurisdiction of the Architect.

“(c) Authorization of Appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section.”

Conditions for Use of Certain Telecommunications Systems and Services by Agency of Legislative Branch

Pub. L. 101–520, title III, §306, Nov. 5, 1990, 104 Stat. 2277, provided that:

“(a) Hereafter, notwithstanding any other provision of law, any agency of the legislative branch is authorized to use telecommunications systems and services provided by the Architect of the Capitol or the House of Representatives or the Senate under the approved plan required by section 305 of Public Law 100–202 (101 Stat. 1329–308) [formerly set out below] if such systems and services—

“(1) have been acquired competitively; and

“(2) in the case of long distance service, have been determined by the Architect of the Capitol to be at least equal in quality to, and not greater in cost than, the systems and services available under the procurement conducted by the Administrator of General Services known as ‘FTS2000’.

“(b) As used in this section, the term ‘agency of the legislative branch’ means the office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office.”

Similar provisions were contained in the following prior appropriations acts:

Pub. L. 101–163, title III, §306, Nov. 21, 1989, 103 Stat. 1064.

Pub. L. 100–458, title III, §307B, Oct. 1, 1988, 102 Stat. 2183.

Development of Overall Plan for Satisfying Telecommunications Requirements of Agencies of Legislative Branch

Pub. L. 102–392, title III, §305, Oct. 6, 1992, 106 Stat. 1721, provided that:

“(a) The Architect of the Capitol, in consultation with the heads of the agencies of the legislative branch, shall develop an overall plan for satisfying the telecommunications requirements of such agencies, using a common system architecture for maximum interconnection capability and engineering compatibility. The plan shall be subject to joint approval by the Committee on House Administration [now Committee on House Oversight] of the House of Representatives and the Committee on Rules and Administration of the Senate, and, upon approval, shall be communicated to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. No part of any appropriation in this Act or any other Act shall be used for acquisition of any new or expanded telecommunications system for an agency of the legislative branch, unless, as determined by the Architect of the Capitol, the acquisition is in conformance with the plan, as approved.

“(b) As used in this section—

“(1) the term ‘agency of the legislative branch’ means the Office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office; and

“(2) the term ‘telecommunications system’ means an electronic system for voice, data, or image communication, including any associated cable and switching equipment.

“(c) This section shall apply with respect to fiscal years beginning after September 30, 1992.”

Similar provisions were contained in the following prior appropriations acts:

Pub. L. 102–90, title III, §305, Aug. 14, 1991, 105 Stat. 466.

Pub. L. 101–520, title III, §305, Nov. 5, 1990, 104 Stat. 2276.

Pub. L. 101–163, title III, §305, Nov. 21, 1989, 103 Stat. 1063.

Pub. L. 100–458, title III, §305, Oct. 1, 1988, 102 Stat. 2182.

Pub. L. 100–202, §101(i) [title III, §305], Dec. 22, 1987, 101 Stat. 1329–290, 1329–308.

Pub. L. 99–500, §101(j) [H.R. 5203, title III, §305], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j) [H.R. 5203, title III, §305], Oct. 30, 1986, 100 Stat. 3341–287.

Restoration of West Central Front of United States Capitol; Appropriation of Funds; Consulting Architect

Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 335, which made supplemental appropriations for fiscal year ending Sept. 30, 1983, provided in part that: “Notwithstanding any other provision of law, to enable the Architect of the Capitol, under the direction of the Commission on the West Central Front of the United States Capitol, to restore the West Central Front of the United States Capitol (without change of location or change of the present architectural appearance thereof) in substantial accordance with the ‘Restoration of the West Central Facade’ report dated March 1978, $49,000,000, to remain available until expended: Provided, That the Architect of the Capitol, under the direction of such Commission and without regard to the provisions of section 3709 of the Revised Statutes, as amended [41 U.S.C. 5], is authorized and directed to enter into such contracts, incur such obligations, and make such expenditures for personal and other services and other expenses as may be necessary to carry out this paragraph: Provided further, That any general construction contracts entered into under authority of this paragraph shall be for a firm fixed price, supported by standard performance and payment bonds, and shall be awarded competitively among selected responsible general contractors approved by such Commission and upon the approval by such Commission of the amount of the firm fixed price contracts: Provided further, That, the Commission on the West Central Front of the United States Capitol shall appoint, from among private individuals who are qualified, by reason of education, training, and experience, a consulting architect who shall assist the Commission in directing the Architect of the Capitol with respect to the restoration of the West Central Front of the United States Capitol: Provided further, That the Architect of the Capitol shall keep the consulting architect appointed under this paragraph fully and currently informed of the progress of the restoration of the West Central Front of the United States Capitol: Provided further, That the consulting architect for the restoration of the West Central Front of the United States Capitol appointed under this paragraph shall be paid for his services (out of the sum appropriated by this paragraph) at such rate of pay as the Commission considers appropriate, but not exceeding a rate equal to the daily equivalent of the rate of basic pay payable for grade GS–18 under the General Schedule under section 5332 of title 5, United States Code.”

Study and Report on Utilization of Space in United States Capitol and House and Senate Office Buildings and Annexes; Drawings and Specifications for Restoration and Extension of West Central Front of United States Capitol; Funding, Etc.

Pub. L. 95–94, title III, §301, Aug. 5, 1977, 91 Stat. 681, provided that: “The Architect of the Capitol is authorized and directed (1) to conduct a study of the utilization of space in the United States Capitol for the purpose of recommending and reporting to the Speaker of the House of Representatives and the President of the Senate and to the Committees on Appropriations of both Houses, and the Senate Committee on Rules and Administration, those offices which, by virtue of the functions performed therein, should be located in the Capitol and those offices which could be relocated to the House and Senate Office Buildings and Annexes; (2) to prepare drawings and specifications for restoration of the West Central Front of the United States Capitol in accordance with each of the various plans and alternatives proposed to the Committees on Appropriations during hearings on Legislative Branch Appropriations for 1978; and (3) to prepare drawings and specifications for extension of the West Central Front of the United States Capitol in accordance with the modified plan for extension of the West Central Front approved by the Commission for Extension of the United States Capitol on April 7, 1977; the drawings and specifications to be prepared in such detail as will enable the cost of such restoration proposals and extension proposal to be ascertained. The unexpended balance of appropriations heretofore appropriated under the heading, ‘Extension of the Capitol’ shall be transferred immediately upon approval of this Act to a Commission on the West Central Front of the United States Capitol which shall be composed of the following: The Vice President of the United States, who shall be the Chairman, the Speaker of the House of Representatives, the Majority and Minority Leaders of the House of Representatives, and the Majority and Minority Leaders of the Senate. Such unexpended balances shall be available for (1) the conduct of such study and (2) the preparation of such drawings and specifications under the direction of the Commission on the West Central Front of the United States Capitol. The drawings and specifications shall be completed by March 1, 1978, and submitted for the approval of the Committees on Appropriations of the Senate and House of Representatives and the Commission on the West Central Front of the United States Capitol prior to the issuance of invitations to bid on the restoration or extension of the West Central Front of the United States Capitol.”

Preliminary Design Sketches of Murals for House Wing of United States Capitol as Gift From United States Capitol Historical Society; Funds for Designs; Employment of Artist; Contract Authority; Funds Available Until Expended

Pub. L. 94–497, Oct. 14, 1976, 90 Stat. 2377, provided: “That, notwithstanding any other provision of law, the Joint Committee on the Library is authorized to accept, on behalf of the Congress, as a gift from the United States Capitol Historical Society, preliminary design sketches intended as a basic design for murals proposed to be painted on the ceiling and walls of the first floor corridors in the House wing of the United States Capitol.

Sec. 2. Notwithstanding any other provision of law, the Architect of the Capitol is authorized—

“(1) to accept in the name of the United States, from the United States Capitol Historical Society, such sum or sums as such society may tender in full payment thereof, and such sum or sums, when so received, shall be credited to the appropriation account ‘Capitol Buildings, Architect of the Capitol’, and

“(2) subject to section 3 of this joint resolution, to expend such sum or sums for the employment, by contract, of an artist or artists, for the execution of mural decorations on the ceiling and walls of the first floor corridor in the House wing of the United States Capitol in substantial accordance with the preliminary design sketches referred to in the first section of the joint resolution, after the acceptance by the Joint Committee on the Library, and for all other necessary items in connection therewith, subject to such modifications thereof as may be approved by such joint committee.

Sec. 3. The Architect of the Capitol, under the direction of the Speaker of the House of Representatives, is authorized to enter into contracts and to incur such other obligations and make such expenditures, as may be necessary to carry out the purposes of the joint resolution.

Sec. 4. Sums received under the joint resolution, when credited to the appropriation account ‘Capitol Buildings, Architect of the Capitol’, shall be expended and shall remain available until expended. Any net monetary amounts remaining after the completion of the project authorized by the joint resolution, and in excess of the cost of such project, shall be returned to the United States Capitol Historical Society.”

Remodeling of Caucus Rooms and Restaurants

Act Aug. 2, 1946, ch. 753, §241, 60 Stat. 838, authorized the Architect of the Capitol to prepare plans for the remodeling and improvement of the caucus rooms of the Senate and House Office Buildings and Restaurants in the Senate and House and directed him to submit said plans at the earliest practicable date.

Section 241 of act Aug. 2, 1946, was made effective Aug. 2, 1946 by section 245 of said act.

Extension, Reconstruction, and Replacement of Central Portion of the United States Capitol

Act Aug. 5, 1955, ch. 568, §101, 69 Stat. 515, as amended by Pub. L. 91–77, Sept. 29, 1969, 83 Stat. 124, provided in part that: “The Architect of the Capitol is hereby authorized, under the direction of a Commission for Extension of the United States Capitol, to be composed of the President of the Senate, the Speaker of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, and the Architect of the Capitol, to provide for the extension, reconstruction, and replacement of the central portion of the United States Capitol in substantial accordance with scheme B of the architectural plan submitted by a joint commission of Congress and reported to Congress on March 3, 1905 (House Document numbered 385, Fifty-eighth Congress), but with such modifications and additions, including provisions for restaurant facilities, and such other facilities in the Capitol Grounds, together with utilities, equipment, approaches, and other appurtenant or necessary items, as may be approved by said Commission.”

Gallery Facilities in House Chamber: Modernization and Improvement; Appointment and Termination of Special Commission; Program Formulation, Development, and Implementation; Completion Date; Contract Authority; Appropriations

Pub. L. 91–510, title IV, §499, Oct. 26, 1970, 84 Stat. 1200, provided that:

“(a) The Speaker of the House of Representatives shall appoint a special commission of the House, to be designated the ‘Special Commission on Modernization of House Gallery Facilities’, composed of five Members of the House, three from the majority party and two from the minority party. The Speaker shall designate as chairman of the commission one of the Members so appointed. A vacancy in the membership of the commission shall be filled in the same manner as the original appointment. The commission shall conduct a study of the structure and uses of the gallery facilities in the Chamber of the House of Representatives and shall formulate and develop a program for the modernization and improvement of the House gallery facilities in order to improve the physical conditions under which the proceedings on the floor of the House are conducted and to provide for spectators in the House galleries modernized and improved accommodations for their enlightenment, information, and understanding with respect to the proceedings on the floor of the House and the role of the House generally in the legislative branch of the Government. Any such program formulated and developed by the commission shall provide for—

“(1) the enclosure of the galleries with soundproof and transparent coverage in such manner as to preserve the visibility from the galleries of proceedings on the House floor and eliminate the audibility on the House floor of noise in the galleries;

“(2) the installation of facilities and devices which will permit the proceedings on the floor of the House to be heard by spectators in the galleries, together with facilities and devices by which appropriate comments and explanations may be made to spectators in the galleries with respect to the proceedings on the House floor; and

“(3) such other items or features of modernization and improvement of the House galleries as may be directed by the commission, including items and features of modernization designed to provide for and facilitate the consultation of legislative materials and the taking of written notes by visitors to the House galleries, under such regulations as the Speaker may from time to time prescribe, without any distraction to or disturbance of the conduct of proceedings on the floor of the House.

“(b) At the request of the commission, the Architect of the Capitol shall provide advice, counsel, and assistance to the commission in the conduct of its study.

“(c) Such study shall be completed not later than the close of the first session of the Ninety-second Congress.

“(d) After the completion of such study, the commission through the Architect of the Capitol, subject to the availability of appropriations for such purpose, shall put the program for the modernization and improvement of the galleries into effect. The Architect of the Capitol may procure or make such plans, enter into such contracts, employ such personnel, and take such other actions and make such expenditures, as may be necessary to complete such program of modernization and improvement of the House galleries. In all matters connected with such program, the Architect shall be subject to the supervision, direction, and control of the commission.

“(e) The commission shall cease to exist when the Speaker determines that the program for modernization and improvement of the galleries has been completed.

“(f) There are hereby authorized to be appropriated, to remain available until expended, such sums as may be necessary to carry out the provisions of this section.”

Section 499 of Pub. L. 91–510 effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress.

Cross References

Changes in architectural features of the Capitol Building or in landscape features of Capitol grounds, see section 162 of this title.

§166a. Travel expenses

Appropriations under the control of the Architect of the Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $20,000.

(July 22, 1994, Pub. L. 103–283, title I, 108 Stat. 1434.)

Codification

Section is from the appropriation act cited as the credit to this section.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Aug. 11, 1993, Pub. L. 103–69, title I, 107 Stat. 702.

Oct. 6, 1992, Pub. L. 102–392, title I, 106 Stat. 1714.

Aug. 14, 1991, Pub. L. 102–90, title I, 105 Stat. 458.

Nov. 5, 1990, Pub. L. 101–520, title I, 104 Stat. 2266.

Nov. 21, 1989, Pub. L. 101–163, title I, 103 Stat. 1055.

Oct. 1, 1988, Pub. L. 100–458, title I, 102 Stat. 2169.

Dec. 22, 1987, Pub. L. 100–202, §101(i) [title I], 101 Stat. 1329–290, 1329–301.

Oct. 18, 1986, Pub. L. 99–500, §101(j) [H.R. 5203, title I], 100 Stat. 1783–287, and Oct. 30, 1986, Pub. L. 99–591, §101(j), 100 Stat. 3341–287.

Nov. 13, 1985, Pub. L. 99–151, title I, 99 Stat. 800.

July 17, 1984, Pub. L. 98–367, title I, 98 Stat. 482.

July 14, 1983, Pub. L. 98–51, title I, §112, 97 Stat. 273.

Oct. 2, 1982, Pub. L. 97–276, §101(e) [S. 2939, title I], 96 Stat. 1189.

Oct. 1, 1981, Pub. L. 97–51, §101(c) [H.R. 4120, title I], 95 Stat. 959.

Dec. 16, 1980, Pub. L. 96–536, §101(c) [H.R. 7593, title I], 94 Stat. 3167.

Oct. 12, 1979, Pub. L. 96–86, §101(c) [H.R. 4390, title I], 93 Stat. 657.

Sept. 30, 1978, Pub. L. 95–391, title I, 92 Stat. 781.

Aug. 5, 1977, Pub. L. 95–94, title I, 91 Stat. 672.

Oct. 1, 1976, Pub. L. 94–440, title VI, 90 Stat. 1452.

July 25, 1975, Pub. L. 94–59, title V, 89 Stat. 287.

Aug. 13, 1974, Pub. L. 93–371, 88 Stat. 437.

Nov. 1, 1973, Pub. L. 93–145, 87 Stat. 540.

July 10, 1972, Pub. L. 92–342, 86 Stat. 442.

July 9, 1971, Pub. L. 92–51, 85 Stat. 137.

Aug. 18, 1970, Pub. L. 91–382, 84 Stat. 818.

Dec. 12, 1969, Pub. L. 91–145, 83 Stat. 350.

July 23, 1968, Pub. L. 90–417, 82 Stat. 407.

July 28, 1967, Pub. L. 90–57, 81 Stat. 136.

Aug. 27, 1966, Pub. L. 89–545, 80 Stat. 364.

July 27, 1965, Pub. L. 89–90, 79 Stat. 276.

Aug. 20, 1964, Pub. L. 88–454, 78 Stat. 544.

Dec. 30, 1963, Pub. L. 88–248, 77 Stat. 812.

Oct. 2, 1962, Pub. L. 87–730, 76 Stat. 688.

Aug. 10, 1961, Pub. L. 87–130, 75 Stat. 329.

July 12, 1960, Pub. L. 86–628, 74 Stat. 455.

Aug. 21, 1959, Pub. L. 86–176, 73 Stat. 407.

July 31, 1958, Pub. L. 85–570, 72 Stat. 448.

July 1, 1957, Pub. L. 85–75, 71 Stat. 251.

June 27, 1956, ch. 453, 70 Stat. 365.

Aug. 5, 1955, ch. 568, 69 Stat. 515.

July 2, 1954, ch. 455, title I, 68 Stat. 405.

Aug. 1, 1953, ch. 304, title I, 67 Stat. 327.

July 9, 1952, ch. 598, 66 Stat. 472.

Oct. 11, 1951, ch. 485, 65 Stat. 396.

Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 602.

June 22, 1949, ch. 235, 63 Stat. 224.

June 14, 1948, ch. 467, 62 Stat. 430.

July 17, 1947, ch. 262, 61 Stat. 369.

July 1, 1946, ch. 530, 60 Stat. 400.

June 13, 1945, ch. 189, 59 Stat. 251.

June 26, 1944, ch. 277, title I, 58 Stat. 346.

June 26, 1943, ch. 173, title I, 57 Stat. 232.

June 8, 1942, ch. 396, 56 Stat. 341.

July 1, 1941, ch. 268, 55 Stat. 457.

June 18, 1940, ch. 396, 54 Stat. 472.

§166a–1. Appropriations under control of Architect of Capitol; availability for expenses of advertising

Appropriations under the control of the Architect of the Capitol shall be available for expenses of advertising and personal and other services.

(Feb. 28, 1929, ch. 367, 45 Stat. 1395; June 6, 1930, ch. 407, 46 Stat. 513.)

Codification

Section consolidates provisions from the Legislative Branch Appropriation Acts for fiscal years 1930 and 1931.

Section was formerly classified to section 689 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.

§166b. Omitted

Section, Pub. L. 88–426, title II, §203(d), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90–206, title II, §219(3), Dec. 16, 1967, 81 Stat. 639; Pub. L. 94–82, title II, §204(b), Aug. 9, 1975, 89 Stat. 421; Pub. L. 96–146, §1(2), Dec. 14, 1979, 93 Stat. 1086, set compensation of Assistant Architect of the Capitol at a rate equal to the rate for level V of Executive Schedule under 5 U.S.C. 5315. See section 166b–3a of this title.

A prior section 166b, acts May 18, 1946, ch. 263, title I, 60 Stat. 184; July 1, 1946, ch. 530, 60 Stat. 400; July 17, 1947, ch. 262, 61 Stat. 369; Oct. 15, 1949, ch. 695, §6(a), 63 Stat. 881; Aug. 5, 1955, ch. 568, §101, 69 Stat. 515, prescribed annual rate of basic compensation for Assistant Architect of the Capitol, prior to repeal by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 653, 654.

§166b–1. Repealed. Pub. L. 101–163, title I, §106(b), Nov. 21, 1989, 103 Stat. 1056

Section, Pub. L. 96–536, §101(c) [H.R. 7593, title I, title III, §303], Dec. 16, 1980, 94 Stat. 3167, set the salary of the Executive Assistant, Architect of the Capitol.

A prior section 166b–1, Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 817, which prescribed salary of Executive Assistant, Architect of the Capitol, was superseded by Pub. L. 96–536.

Another prior section 166b–1, acts Aug. 14, 1964, Pub. L. 88–426, title II, §203(e), 78 Stat. 415; Dec. 16, 1967, Pub. L. 90–206, title II, §219(4), 81 Stat. 639, which prescribed compensation of Second Assistant Architect of the Capitol, was superseded by provisions of Pub. L. 91–382 which replaced Second Assistant with an Executive Assistant, Architect of the Capitol.

Another prior section 166b–1, acts Aug. 5, 1955, ch. 568, 69 Stat. 515; July 1, 1957, Pub. L. 85–75, 71 Stat. 251; Aug. 10, 1961, Pub. L. 87–130, 75 Stat. 329, which prescribed salary of Second Assistant Architect of the Capitol, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 658.

§166b–1a. Compensation of employees under Architect of Capitol; single per annum gross rates of pay

Whenever the rate of pay of—

(1) an employee of the Office of the Architect of the Capitol; or

(2) an employee of the House Restaurant, or of the Senate Restaurant, under the supervision of the Architect of the Capitol as an agent of the House or Senate, respectively, as the case may be;


is fixed or adjusted on or after the effective date of this section, that rate, as so fixed and adjusted, shall be a single per annum gross rate.

(Pub. L. 91–510, title IV, §481, Oct. 26, 1970, 84 Stat. 1196.)

References in Text

The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in sections 166b–1b, 166b–1c, 166b–1d, 166b–1e, 166b–1f of this title.

§166b–1b. Conversion by Architect of Capitol of existing basic pay rates to per annum gross pay rates

The Architect of the Capitol shall convert, as of the effective date of this section, to a single per annum gross rate, the rate of pay of each employee described in subparagraph (1) or subparagraph (2) of section 166b–1a of this title, whose pay immediately prior to such effective date was fixed at a basic rate with respect to which additional pay was payable by law.

(Pub. L. 91–510, title IV, §482, Oct. 26, 1970, 84 Stat. 1196.)

References in Text

The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in sections 166b–1c, 166b–1d, 166b–1e, 166b–1f of this title.

§166b–1c. Obsolete references in existing law to basic pay rates

In any case in which—

(1) the rate of pay of, or any maximum or minimum rate of pay with respect to—

(A) any employee described in subparagraph (1) or subparagraph (2) of section 166b–1a of this title, or

(B) the position of such employee, or

(C) any class or group of such employees or positions,


is referred to in or provided by statute or other authority; and

(2) the rate so referred to or provided is a basic rate with respect to which additional pay is provided by law;


such statutory provision or authority shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to the effective date of this section would receive, without regard to such statutory provision or authority, under section 166b–1b of this title on and after such date.

(Pub. L. 91–510, title IV, §483, Oct. 26, 1970, 84 Stat. 1196.)

References in Text

The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in sections 166b–1d, 166b–1e, 166b–1f of this title.

§166b–1d. Savings provisions

The provisions of sections 166b–1a to 166b–1f of this title shall not be construed to—

(1) limit or otherwise affect any authority for the making of any appointment to, or for fixing or adjusting the pay for, the position of any employee described in subparagraph (1) or subparagraph (2) of section 166b–1a of this title;

(2) affect the continuity of employment of, or reduce the pay of, any employee holding any position referred to in subparagraph (1) of this section; or

(3) modify, change, supersede, or otherwise affect the provisions of sections 5504 and 6101(a)(5) of title 5, insofar as such sections relate to the Office of the Architect of the Capitol.

(Pub. L. 91–510, title IV, §484, Oct. 26, 1970, 84 Stat. 1197.)

Effective Date

Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in sections 166b–1e, 166b–1f of this title.

§166b–1e. Effect on existing law

(a) All provisions of law inconsistent with sections 166b–1a to 166b–1f of this title are hereby superseded to the extent of the inconsistency.

(b) Sections 5504 and 6101(a)(5) of title 5 shall apply to employees of the House and Senate Restaurants who are paid at per annum rates of pay as long as such employees are under the supervision of the Architect of the Capitol as an agent of the House or Senate, respectively, as the case may be.

(Pub. L. 91–510, title IV, §485, Oct. 26, 1970, 84 Stat. 1197.)

Effective Date

Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in sections 166b–1d, 166b–1f of this title.

§166b–1f. Exemptions

Notwithstanding any other provision of sections 166b–1a to 166b–1f of this title, the foregoing provisions of such sections do not apply to any employee described in section 166b–1a of this title whose pay is fixed and adjusted—

(1) in accordance with chapter 51, and subchapter III of chapter 53, of title 5, relating to classification and General Schedule pay rates;

(2) in accordance with subchapter IV of chapter 53 of title 5, relating to prevailing rate pay systems;

(3) at per hour or per diem rates in accordance with section 3 of the Legislative Pay Act of 1929, as amended (46 Stat. 38; 55 Stat. 615), relating to employees performing professional and technical services for the Architect of the Capitol in connection with construction projects and employees under the Office of the Architect of the Capitol whose tenure of employment is temporary or of uncertain duration; or

(4) in accordance with prevailing rates under authority of sections 174j–1 to 174j–7 of this title entitled “Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes”, or section 174k of this title, relating to the duties of the Architect of the Capitol with respect to the House of Representatives Restaurant.

(Pub. L. 91–510, title IV, §486, Oct. 26, 1970, 84 Stat. 1197.)

References in Text

The General Schedule, referred to in par. (1), is set out under section 5332 of Title 5, Government Organization and Employees.

Section 3 of the Legislative Pay Act of 1929, as amended (46 Stat. 38; 55 Stat. 615), referred to in par. (3), amended section 2 of the Classification Act of 1923, which was classified to section 662 of former Title 5, Executive Departments and Government Officers and Employees. The Classification Act of 1923, as amended, was repealed and superseded by the Classification Act of 1949, Oct. 28, 1949, ch. 782, 63 Stat. 954, 972. The amendment of section 3 of the Legislative Pay Act of 1929 made by act Aug. 1, 1941, §6, 55 Stat. 615, was not repealed by the Classification Act of 1949. See section 1202(7), 63 Stat. 973.

Section 174j–2 of this title, included within reference in par. (4) to sections 174j–1 to 174j–7 of this title, was omitted from the Code.

Effective Date

Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in sections 166b–1d, 166b–1e of this title.

§166b–2. Registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings; allocation to General Schedule salary grade

Notwithstanding any other provision of law, effective on the first day of the first applicable pay period which begins on or after December 27, 1974, the positions of registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings, shall be allocated by the Architect of the Capitol at not to exceed grade 12 of the General Schedule.

Notwithstanding any other provision of law, effective January 1, 1975, none of the funds appropriated to the Architect of the Capitol shall thereafter be available for any nursing position unless the position is occupied by a Registered Nurse: Provided, That such provision shall not be applicable to the present incumbents of such positions.

(Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 101–520, title I, §109, Nov. 5, 1990, 104 Stat. 2269; Pub. L. 103–283, title I, §103, July 22, 1994, 108 Stat. 1435.)

References in Text

The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 166b–2, Pub. L. 85–462, §4(j), (t), June 20, 1958, 72 Stat. 208, 209, established position of Chief Nurse in the Senate Office Building, under Office of Architect of the Capitol, and set forth salary grade for each position of nurse under Architect of the Capitol.

Amendments

1994—Pub. L. 103–283 substituted “at not to exceed grade 12” for “to grade 11” in first par.

1990—Pub. L. 101–520 substituted “grade 11” for “grade 10” and struck out “and compensated initially at the same steps in such grade, currently in effect for their present grades, so long as such positions are held by the present incumbents” after “General Schedule” in first par.

§166b–3. Authorization to fix basic rate of compensation for certain positions

On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to chapter 51 and subchapter III of chapter 53 of title 5, to fix the compensation of four positions under the appropriation “Salaries, Office of the Architect of the Capitol”, of two positions under the appropriation “Capitol Buildings”, and of one position under the appropriation “House Office Buildings” at a basic rate of $8,200 per annum each: Provided, That this provision shall not be applicable to the positions of Architect or Assistant Architect.

On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to chapter 51 and subchapter III of chapter 53 of title 5, to fix the compensation of one position under the appropriation “Senate Office Buildings”, at a basic rate of $8,200 per annum.

(Pub. L. 86–176, Aug. 21, 1959, 73 Stat. 407; Pub. L. 89–309, ch. VII, Oct. 31, 1965, 79 Stat. 1147; Pub. L. 90–206, title II, §214(p), Dec. 16, 1967, 81 Stat. 638; Pub. L. 90–239, ch. IV, Jan. 2, 1968, 81 Stat. 775; Pub. L. 94–157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 835; Pub. L. 101–163, title I, §106(c), Nov. 21, 1989, 103 Stat. 1056.)

Codification

“Chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification Act of 1949, as amended” in text on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1989—Pub. L. 101–163 substituted “four positions” for “three positions” and “Architect or Assistant Architect” for “Architect, Assistant Architect, or Second Assistant Architect of the Capitol”.

1975—Pub. L. 94–157 increased to two positions from one position the number of positions under the appropriation “Capitol Buildings”.

1968—Pub. L. 90–239 increased the compensation of one position under appropriation “Senate Office Buildings” from “$7,700” to “$8,200”.

1967—Pub. L. 90–206 increased the compensation from $7,700 to $8,200 per annum each of the three positions under the appropriation “Salaries, Office of the Architect of the Capitol”, of one position under the appropriation “Capitol Buildings”, and of one position under the appropriation “House Office Buildings”.

1965—Pub. L. 89–309 increased the compensation of one position under appropriation “Senate Office Buildings” from $7,020 to $7,700.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–206 effective as of beginning of first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) of Pub. L. 90–206, set out as a note under section 5332 of Title 5, Government Organization and Employees.

Section Referred to in Other Sections

This section is referred to in section 166b–3a of this title; title 5 section 5307.

§166b–3a. Compensation of certain positions in Office of Architect of Capitol

(a) Amount of compensation to be that specified in appropriations Acts

Notwithstanding any other provision of law, the pay for positions described in subsection (b) of this section shall be the amounts specified for such positions in appropriations Acts.

(b) Positions covered

The positions referred to in subsection (a) of this section are—

(1) the position of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings “Office of the Architect of the Capitol” and “salaries” in the first section of the Legislative Branch Appropriation Act, 1971 (40 U.S.C. 164a), and

(2) the eight positions provided for in the third and fourth undesignated paragraphs under the center subheadings “Office of the Architect of the Capitol” and “salaries” in the first section of the Legislative Branch Appropriation Act, 1960 (40 U.S.C. 166b–3).

(c) Calculation of amounts

The pay for each position described in subsection (b) of this section shall be the pay payable for such position with respect to the last pay period before this section takes effect, subject to any applicable adjustment during fiscal year 1988 under, or by reference to any applicable adjustment during fiscal year 1988 under, subchapter I of chapter 53 of title 5.

(d) Effective date

This section shall apply in fiscal years beginning after September 30, 1987, with respect to pay periods beginning after December 22, 1987.

(Pub. L. 100–202, §101(i) [title III, §308], Dec. 22, 1987, 101 Stat. 1329–290, 1329–309; Pub. L. 101–163, title I, §106(e), Nov. 21, 1989, 103 Stat. 1057.)

Amendments

1989—Subsec. (b). Pub. L. 101–163 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The positions referred to in subsection (a) of this section are: (1) the two positions of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings ‘Office of the Architect of the Capitol’ and ‘Salaries’ in the Legislative Branch Appropriation Act, 1971 (40 U.S.C. 164a), and (2) the seven positions provided for in the third and fourth undesignated paragraphs under the center subheadings ‘Office of the Architect of the Capitol’ and ‘Salaries’ in the Legislative Branch Appropriation Act, 1960 (40 U.S.C. 166b–3).”

Fiscal Year Adjustments in Pay

Section 307 of Pub. L. 101–163 provided that: “The pay for the positions described in section 308(b) of the Legislative Branch Appropriations Act, 1988, as contained in section 101(i) of Public Law 100–202 [40 U.S.C. 166b–3a(b)]—

“(1) shall be subject to any applicable adjustment during fiscal year 1990 under, or by reference to any applicable adjustment during fiscal year 1990 under, subchapter I of chapter 53 of title 5, United States Code; and

“(2) with respect to the position of Assistant Architect of the Capitol, shall be subject to any recommendation of the President that, pursuant to section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351 et seq.), takes effect during fiscal year 1990.”

Similar provisions were contained in the following prior appropriations act:

Pub. L. 100–458, title III, §308, Oct. 1, 1988, 102 Stat. 2183.

Section Referred to in Other Sections

This section is referred to in title 5 section 5306.

§166b–3b. Compensation of certain positions under jurisdiction of Architect of Capitol

(a) Director of Engineering

Effective as of the first day of the first applicable pay period beginning on or after November 5, 1990, the compensation of the Director of Engineering (under the Architect of the Capitol) shall be equal to the rate of basic pay payable for level V of the Executive Schedule.

(b) Other listed positions

(1) Effective beginning with any pay period beginning on or after November 5, 1990, the Architect of the Capitol may fix the rate of basic pay—

(A) for not more than one of the positions under paragraph (2) at a rate not to exceed 90 percent of the maximum rate allowable for the Senior Executive Service; and

(B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for such position, not to exceed 85 percent of the maximum rate allowable for the Senior Executive Service.


For purposes of the preceding sentence, “the maximum rate allowable for the Senior Executive Service” means the highest rate of basic pay that may be set for the Senior Executive Service under section 5382(b) of title 5.

(2) Authority under paragraph (1) may be exercised with respect to any of the following positions under the jurisdiction of the Architect of the Capitol:

(A) The Senior Landscape Architect.

(B) The Administrative Assistant.

(C) The Executive Officer.

(D) The Budget Officer.

(E) The General Counsel.

(F) The Superintendent of the Senate Office Buildings.

(G) The Superintendent of the House Office Buildings.

(H) The Supervising Engineer of the United States Capitol.

(c) Authority to list additional positions

Effective beginning with any pay period beginning on or after August 14, 1991, the rate of basic pay for up to 8 positions under the jurisdiction of the Architect of the Capitol may be fixed at such rate as the Architect considers appropriate for each, not to exceed 135 percent of the minimum rate payable for grade GS–15 of the General Schedule.

(Pub. L. 101–520, title I, §108, Nov. 5, 1990, 104 Stat. 2268; Pub. L. 102–90, title I, §104, Aug. 14, 1991, 105 Stat. 459.)

References in Text

Level V of the Executive Schedule, referred to in subsec. (a), is set out in section 5316 of Title 5, Government Organization and Employees.

The General Schedule, referred to in subsec. (c), is set out under section 5332 of Title 5.

Amendments

1991—Subsec. (b)(1). Pub. L. 102–90, §104(a)(3), inserted sentence at end relating to maximum rate allowable for Senior Executive Service.

Subsec. (b)(1)(A). Pub. L. 102–90, §104(a)(1), substituted “90 percent of the maximum rate allowable for the Senior Executive Service;” for “the rate payable for grade GS–18 of the General Schedule;”.

Subsec. (b)(1)(B). Pub. L. 102–90, §104(a)(2), substituted “85 percent of the maximum rate allowable for the Senior Executive Service.” for “the rate payable for step 2 of grade GS–17 of the General Schedule.”

Subsec. (c). Pub. L. 102–90, §104(b), added subsec. (c).

§166b–4. Gratuities for survivors of deceased employees under jurisdiction of Architect of Capitol

Until otherwise provided by law, there is authorized to be paid out of the contingent fund of the House of Representatives, on vouchers signed by the chairman of the Committee on House Administration, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee under the jurisdiction of the Architect of the Capitol who was assigned to duty in the House of Representatives at the time of his death. The payment of each such gratuity shall be in accordance with uniform rules and regulations adopted by the Committee on House Administration except that no such gratuity shall be in excess of that payable to the widow, widower, or heirs-at-law of any deceased employee under the jurisdiction of the Architect of the Capitol having a comparable length of service, who was assigned to similar duties in the Senate at the time of his death.

(Pub. L. 88–454, §103, Aug. 20, 1964, 78 Stat. 550.)

Codification

Section is based on House Resolution No. 291, June 18, 1963, which was enacted into permanent law by Pub. L. 88–454.

Change of Name

Committee on House Administration of House of Representatives changed to Committee on House Oversight of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

§166b–5. Withholding and remittance of State income tax by Architect of Capitol

(a) Agreement by Architect with appropriate State official; covered individuals

Whenever—

(1) the law of any State provides for the collection of an income tax by imposing upon employers generally the duty of withholding sums from the compensation of employees and remitting such sums to the authorities of such State; and

(2) such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State;


then the Architect of the Capitol is authorized, in accordance with the provisions of this section, to enter into an agreement with the appropriate official of that State to provide for the withholding and remittance of sums for individuals—

(A) employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant; and

(B) who request the Architect to make such withholdings for remittance to that State.

(b) Number of remittances authorized

Any agreement entered into under subsection (a) of this section shall not require the Architect to remit such sums more often than once each calendar quarter.

(c) Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations

(1) An individual employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant may request the Architect to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers.

(2) An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first pay period commencing on or after the day on which the request is received in the Office of the Architect, the Botanic Garden Office, or the Senate Restaurant Accounting Office except that—

(A) when the Architect first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Architect may determine; and

(B) when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment.


(3) An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted in accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated or revocation is effective on the first day of the first pay period commencing on or after the day on which the request for change or the revocation is received in the appropriate office.

(4) The Architect is authorized to issue rules and regulations he considers appropriate in carrying out this subsection.

(d) Time or times of agreements by Architect

The Architect may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate.

(e) Provisions as not imposing duty, burden, requirement or penalty upon United States or any officer or employee of United States

This section imposes no duty, burden, or requirement upon the United States, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section.

(f) “State” defined

For the purposes of this section, “State” means any of the States of the United States.

(Pub. L. 94–59, title V, §501, July 25, 1975, 89 Stat. 290.)

Cross References

Withholding State income taxes—

Generally, see section 5517 of Title 5, Government Organization and Employees.

Clerk and Sergeant at Arms of the House of Representatives, see section 60e–1a of Title 2, The Congress.

Secretary of the Senate, see section 60c–3 of Title 2.

§166b–6. Assignment and reassignment of personnel by Architect of Capitol for personal services

Notwithstanding any other provisions of law, in order to improve the economic use of the personal services of his employees, the Architect of the Capitol is authorized on and after October 12, 1979, to assign and reassign, without increase or decrease in basic salary or wages, any person on the employment rolls of his Office, for personal services in any buildings, facilities or grounds under his jurisdiction or for personal services in connection with any project under his jurisdiction for which appropriations have been made and are available, whenever such action, in his opinion, will be most advantageous to the interest of or result in either specific or overall savings to the Government. Exceptions may be made where there are differences in equipment. No assignment or reassignment of personnel by the Architect of the Capitol pursuant to this provision shall operate in any respect to augment or decrease any general or specific appropriation.

(Pub. L. 96–86, §101(c), Oct. 12, 1979, 93 Stat. 657; Pub. L. 100–202, §106, Oct. 22, 1987, 101 Stat. 1329–433.)

Codification

Section is based on section 102 of title I of H.R. 4390 (Legislative Branch Appropriation Act, 1980), as incorporated by reference by section 101(c) of Pub. L. 96–86, and enacted into law by section 106 of Pub. L. 100–202.

Effective Date

Section 106 of Pub. L. 100–202 provided in part that this section is effective on date of enactment [Oct. 12, 1979] of the “pertinent joint resolution” making continuing appropriations for fiscal year 1980 [Pub. L. 96–86].

Pilot Program To Determine Economic Feasibility of Centralizing Certain Maintenance Functions and Assigning or Reassigning Persons on Employment Rolls

Pub. L. 101–163, title I, §104, Nov. 21, 1989, 103 Stat. 1056, provided that: “Notwithstanding any other provisions of law, the Architect of the Capitol is hereby authorized to (1) develop a pilot program to determine the economic feasibility and efficiency of centralizing certain maintenance functions, to assign and reassign, without increase or decrease in basic salary or wages, any person on the employment rolls of the Office of the Architect of the Capitol, for personal services in any buildings, facilities, or grounds under his jurisdiction for which appropriations have been made and are available; (2) maintain appropriate cost and productivity records for the program; and (3) report to appropriate authorities, including the Committees on Appropriations, on the results of the program, together with recommendations for continuation or expansion of the program.”

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 100–458, title I, §104, Oct. 1, 1988, 102 Stat. 2171.

Pub. L. 100–202, §101(i) [title I, §103], Dec. 22, 1987, 101 Stat. 1329–290, 1329–302.

§166b–7. Architect of the Capitol human resources program

(a) Short title

This section may be cited as the “Architect of the Capitol Human Resources Act”.

(b) Finding and purpose

(1) Finding

The Congress finds that the Office of the Architect of the Capitol should develop human resources management programs that are consistent with the practices common among other Federal and private sector organizations.

(2) Purpose

It is the purpose of this section to require the Architect of the Capitol to establish and maintain a personnel management system that incorporates fundamental principles that exist in other modern personnel systems.

(c) Personnel management system

(1) Establishment

The Architect of the Capitol shall establish and maintain a personnel management system.

(2) Requirements

The personnel management system shall at a minimum include the following:

(A) A system which ensures that applicants for employment and employees of the Architect of the Capitol are appointed, promoted, and assigned on the basis of merit and fitness after fair and equitable consideration of all applicants and employees through open competition.

(B) An equal employment opportunity program which includes an affirmative employment program for employees and applicants for employment, and procedures for monitoring progress by the Architect of the Capitol in ensuring a workforce reflective of the diverse labor force.

(C) A system for the classification of positions which takes into account the difficulty, responsibility, and qualification requirements of the work performed, and which conforms to the principle of equal pay for substantially equal work.

(D) A program for the training of Architect of the Capitol employees which has among its goals improved employee performance and opportunities for employee advancement.

(E) A formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective criteria for all Architect of the Capitol employees.

(F) A fair and equitable system to address unacceptable conduct and performance by Architect of the Capitol employees, including a general statement of violations, sanctions, and procedures which shall be made known to all employees, and a formal grievance procedure.

(G) A program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems, and which ensures employee confidentiality.

(H) A formal policy statement regarding the use and accrual of sick and annual leave which shall be made known to all employees, and which is consistent with the other requirements of this section.

(d) Implementation of personnel management system

(1) Development of plan

The Architect of the Capitol shall—

(A) develop a plan for the establishment and maintenance of a personnel management system designed to achieve the requirements of subsection (c) of this section;

(B) submit the plan to the Speaker of the House of Representatives, the House Office Building Commission, the Committee on Rules and Administration of the Senate, the Joint Committee on the Library, and the Committees on Appropriations of the Senate and the House of Representatives not later than 12 months after July 22, 1994; and

(C) implement the plan not later than 90 days after the plan is submitted to the Speaker of the House of Representatives, the House Office Building Commission, the Committee on Rules and Administration of the Senate, the Joint Committee on the Library, and the Committees on Appropriations of the Senate and the House of Representatives, as specified in subparagraph (B).

(2) Evaluation and reporting

The Architect of the Capitol shall develop a system of oversight and evaluation to ensure that the personnel management system of the Architect of the Capitol achieves the requirements of subsection (c) of this section and complies with all other relevant laws, rules and regulations. The Architect of the Capitol shall report to the Speaker of the House of Representatives, the House Office Building Commission, the Committee on Rules and Administration of the Senate, and the Joint Committee on the Library on an annual basis the results of its evaluation under this subsection.

(3) Application of laws

Nothing in this section shall be construed to alter or supersede any other provision of law otherwise applicable to the Architect of the Capitol or its employees, unless expressly provided in this section.

(e) Discrimination complaint processing

(1) Definitions

For purposes of this subsection:

(A) The term “employee of the Architect of the Capitol” or “employee” means—

(i) any employee of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants;

(ii) any applicant for a position that is to be occupied by an individual described in clause (i); or

(iii) within 180 days after the termination of employment with the Architect of the Capitol, any individual who was formerly an employee described in clause (i) and whose claim of a violation arises out of the individual's employment with the Architect of the Capitol.


(B) The term “violation” means a practice that violates paragraph (2) of this subsection.

(C) Notwithstanding subparagraph (A), the terms “employee of the Architect of the Capitol” and “employee” do not include any individual referred to in clause (i), (ii), or (iii) of such subparagraph who is a House of Representatives garage or parking lot attendant (including the Superintendent), with respect to whom supervision and all other employee-related matters are transferred to the Sergeant at Arms of the House of Representatives pursuant to direction of the Committee on Appropriations of the House of Representatives in House Report 103–517 of the One Hundred Third Congress.

(2) Discriminatory practices prohibited

(A) In general

All personnel actions affecting employees of the Architect of the Capitol shall be made free from any discrimination based on—

(i) race, color, religion, sex, or national origin, within the meaning of section 2000e–16 of title 42;

(ii) age, within the meaning of section 633a of title 29; or

(iii) handicap or disability, within the meaning of section 791 of title 29 and sections 12112 through 12114 of title 42.

(B) Intimidation prohibited

Any intimidation of, or reprisal against, any employee by the Architect of the Capitol, or by any employee of the Architect of the Capitol, because of the exercise of a right under this section constitutes an unlawful employment practice, which may be remedied in the same manner as are other violations described in subparagraph (A).

(3) Procedure for consideration of alleged violations

(A) Any employee of the Architect of the Capitol alleging a violation of paragraph (2) may file a charge with the General Accounting Office Personnel Appeals Board in accordance with the General Accounting Office Personnel Act of 1980 (31 U.S.C. 751–55). Such a charge may be filed only after the employee has filed a complaint with the Architect of the Capitol in accordance with requirements prescribed by the Architect of the Capitol and has exhausted all remedies pursuant to such requirements.

(B) The Architect of the Capitol shall carry out any action within its authority that the Board orders under section 4 of the General Accounting Office Personnel Act of 1980 (31 U.S.C. 753).

(C) The Architect of the Capitol shall reimburse the General Accounting Office for costs incurred by the Board in considering charges filed under this subsection.

(Pub. L. 103–283, title III, §312, July 22, 1994, 108 Stat. 1443.)

References in Text

The General Accounting Office Personnel Act of 1980, referred to in subsec. (e)(3)(A), (B), is Pub. L. 96–191, Feb. 15, 1980, 94 Stat. 27, which was classified principally to section 52–1 et seq. of former Title 31, and which was substantially repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof principally in subchapters III (§731 et seq.) and IV (§751 et seq.) of chapter 7 of Title 31, Money and Finance. Provisions of the Act relating to General Accounting Office Personnel Appeals Board are contained in subchapter IV (§751 et seq.) of chapter 7 of Title 31.

Codification

Section is comprised of section 312 of Pub. L. 103–283. Subsec. (e)(4) of section 312 of Pub. L. 103–283 amended sections 751, 753, and 755 of Title 31, Money and Finance, and subsec. (f) of section 312 of Pub. L. 103–283 amended sections 60m, 1201, 1205, and 1212 of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in title 31 sections 753, 755.

§166c. Acquisition of surplus supplies, materials, etc.; priority

On and after July 1, 1946, the Architect of the Capitol in expending appropriations under his control may acquire supplies, materials, equipment, furniture, and other items from Government agencies, disposing of such property under The Surplus Property Act of 1944, as amended, and shall be accorded the same priority as granted other Government agencies under that Act.

(July 1, 1946, ch. 530, 60 Stat. 401.)

References in Text

The Surplus Property Act of 1944 and “that Act”, referred to in text, are act Oct. 3, 1944, ch. 479, 58 Stat. 765, as amended, which was classified principally to sections 1611 to 1646 of Title 50, Appendix, War and National Defense, and was repealed effective July 1, 1949, with the exception of sections 1622, 1631, 1637, and 1641 of Title 50, Appendix, by act June 30, 1949, ch. 288, title VI, §602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 is still set out in part in Title 50, Appendix. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§1(d), 7(b), July 5, 1994, 108 Stat. 1278–1280, 1379. Section 1631 was repealed by act June 7, 1939, ch. 190, §6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 1637 was repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87–256, §111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (§2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are covered by chapter 10 (§471 et seq.) of this title.

Codification

Section is from act July 1, 1946, popularly known as the Legislative Branch Appropriation Act, 1947.

Cross References

Federal Property and Administrative Services Act of 1949, exemption of Architect of Capitol from provisions of, see section 474 of this title.

§166d. Rental or lease of storage space

Notwithstanding any other provision of law, the Architect of the Capitol, with the approval of the House Office Building Commission and Senate Committee on Rules and Administration, is authorized to secure, through rental, lease, or other appropriate agreement, storage space in areas within the District of Columbia and its environs beyond the boundaries of the United States Capitol Grounds for use of the United States Senate, the United States House of Representatives, and the Office of the Architect of the Capitol, under such terms and conditions as such Commission and committee may authorize, and to incur any necessary incidental expenses in connection therewith.

(Pub. L. 93–180, §1, Dec. 13, 1973, 87 Stat. 704.)

Section Referred to in Other Sections

This section is referred to in section 166e of this title.

§166e. Funds out of Contingent Expenses, Architect of Capitol

Any expenditures required to implement the provisions of section 166d of this title shall be paid from the appropriation “Contingent Expenses, Architect of the Capitol” and any funds appropriated under this head shall hereafter be available for such purpose.

(Pub. L. 93–180, §2, Dec. 13, 1973, 87 Stat. 705.)

§166f. Funds out of Capitol Buildings, Architect of Capitol

On and after October 18, 1986, the Architect of the Capitol may incur expenses authorized by section 166d of this title to be paid from the appropriation “Capitol Buildings, Architect of the Capitol”.

(Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287, as amended Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425.)

Codification

Section is based on the words “to hereafter incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704)” appearing under heading “Architect of the Capitol” and subheading “Capitol Buildings” contained in H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), as incorporated by reference in section 101(j) of Pub. L. 99–500 and Pub. L. 99–591, as amended by Pub. L. 100–71, to be effective as if enacted into law.

§167. Lighting, heating, and ventilating House of Representatives

The electrician, together with everything pertaining to the electrical machinery and apparatus, and the ventilation and heating of the House of Representatives, and all laborers and others connected with the lighting, heating, and ventilating thereof, shall be subject exclusively to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. And all engineers and others who are engaged in heating and ventilating the House shall be subject to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval.

(Mar. 3, 1877, ch. 105, 19 Stat. 348; Mar. 3, 1881, ch. 130, §1, 21 Stat. 388.)

Codification

Section, except the words “and the ventilating and heating of the House of Representatives,” is based on act Mar. 3, 1881, popularly known as the “Legislative, Executive, and Judicial Appropriation Act”. The excepted words were based on act Mar. 3, 1877, popularly known as the “Sundry Civil Appropriation Act, fiscal year 1878”.

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Cross References

Vacancies occurring in force operating Capitol power plant and substations to be filled by Architect of the Capitol with approval of commission in charge of House Office Building, see section 185 of this title.

§167a. Repealed. Pub. L. 90–417, July 23, 1968, 82 Stat. 407

Section, act July 9, 1952, ch. 598, title I, 66 Stat. 473, directed Architect of Capitol to maintain service for House of Representatives after daily adjournment.

Effective Date of Repeal

Pub. L. 90–417 provided that after June 30, 1968, provisions of section 167a shall no longer be applicable.

§168. Heating and ventilating Senate wing

All engineers and others who are engaged in heating and ventilating the Senate wing of the Capitol shall be subject to the orders and in all respects under the direction of the Architect of the Capitol, subject to the approval of the Senate Committee on Rules and Administration.

(July 11, 1888, ch. 615, 25 Stat. 258; Aug. 2, 1946, ch. 753, title I, §102, title II, §224, 60 Stat. 814, 838.)

Codification

Section is based on act July 11, 1888, popularly known as the “Legislative, Executive, and Judicial Appropriation Act July 11, 1888, fiscal year 1889”.

Amendments

1946—Act Aug. 2, 1946, substituted “Committee on Rules and Administration” for “Committee on Rules”.

Effective Date of 1946 Amendment

Section 142 of act Aug. 2, 1946, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall “take effect on the day on which the Eightieth Congress convenes”. The Eightieth Congress convened on Jan. 3, 1947.

Cross References

Vacancies occurring in force operating Capitol power plant and substations to be filled by Architect of Capitol with approval of commission in charge of House Office Building, see section 185 of this title.

§168a. Repealed. Oct. 31, 1951, ch. 654, §3(16), 65 Stat. 708

Section, act June 6, 1900, ch. 791, 31 Stat. 612, provided that fuel be delivered to the two wings of Capitol only during hours and under regulations as Architect of Capitol prescribes.

§169. Furniture for House of Representatives

The Architect of the Capitol shall supervise and direct the care and repair of all furniture in the Hall, cloakrooms, lobby, committee rooms, and offices of the House, and all furniture required for the House of Representatives or for any of its committee rooms or offices shall be procured on designs and specifications made or approved by the said Architect.

(Apr. 28, 1902, ch. 594, 32 Stat. 125.)

Codification

Section is based on act Apr. 28, 1902, popularly known as the “Legislative, Executive, and Judicial Appropriation Act, fiscal year 1903”.

Change of Name

Change of name of the Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

§170. Purchase of furniture or carpets for House or Senate

No furniture or carpets for either House shall be purchased without the written order of the chairman of the Committee on Rules and Administration, for the Senate, or without the written order of the chairman of the Committee on House Administration for the House.

(R.S. §1816; Aug. 2, 1946, ch. 753, title I, §§102, 121, title II, §224, 60 Stat. 814, 822, 838.)

Codification

R.S. §1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat. 617; acts Mar. 30, 1867, ch. 24, §2, 15 Stat. 13; July 20, 1868, ch. 177, §1, 15 Stat. 115; Mar. 3, 1869, ch. 121, §1, 15 Stat. 283, 284; Mar. 3, 1871, ch. 114, §1, 16 Stat. 500; Aug. 15, 1876, ch. 287, 19 Stat. 147.

Amendments

1946—Act Aug. 2, 1946, §§102, 224, substituted “Committee on Rules and Administration” for “Committee to Audit and Control the Contingent Expenses of the Senate”; and section 121 of that act and section 224 thereof, substituted “Committee on House Administration” for “Committee on Accounts of the House of Representatives”.

Change of Name

Committee on House Administration of House of Representatives changed to Committee on House Oversight of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Effective Date of 1946 Amendment

Section 142 of act Aug. 2, 1946, provided that sections 102 and 121 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall “take effect on the day on which the Eightieth Congress convenes”. The Eightieth Congress convened on Jan. 3, 1947.

§170a. Transferred

Codification

Section, Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, which related to disposition of receipts from sale of used or surplus furniture and furnishings of Senate, was transferred to section 117b–1 of Title 2, The Congress.

§171. Transfer of discontinued apparatus to other branches

The Architect of the Capitol may transfer apparatus, appliances, equipments, and supplies of any kind, discontinued or permanently out of service, to other branches of the service of the United States, or District of Columbia, whenever, in his judgment the interests of the Government service may require it.

(June 26, 1912, ch. 182, §11, 37 Stat. 184; Mar. 3, 1921, ch. 124, 41 Stat. 1291; May 29, 1928, ch. 901, §1(120), 45 Stat. 995; Oct. 31, 1951, ch. 654, §3(17), 65 Stat. 708.)

Codification

Section is based on act June 26, 1912, popularly known as the “District of Columbia Appropriation Act June 26, 1912, fiscal year 1913”.

Prior Provisions

Act Mar. 2, 1911, ch. 192, §9, 36 Stat. 1011.

Amendments

1951—Act Oct. 31, 1951, struck out “with the approval of the Secretary of the Interior,” after “whenever,”.

1928—Act May 29, 1928, struck out provision that required a transfer statement to be submitted in the annual report to Congress by the Superintendent of the Capitol Building and Grounds.

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Cross References

Federal Property and Administrative Services of 1949, exemption of Architect of Capitol from provisions of, see section 474 of this title.

§172. Repealed. Oct. 31, 1951, ch. 654, §3(18), 65 Stat. 709

Section, act July 16, 1914, ch. 141, 38 Stat. 458, related to custodianship of the building or buildings on reservation numbered 13 in the District of Columbia selected for the purpose of storing unused documents and materials removed from the Capitol Building and Senate and House Office Buildings, and Patent Office models removed from the Senate and House Office Buildings.

§173. Estimates for improvements in grounds

All changes and improvements in the Capitol grounds, including approaches to the Capitol, shall be estimated for in detail, showing what modifications are proposed and the estimate cost of the same.

(Mar. 3, 1883, ch. 143, 22 Stat. 621.)

Codification

Section is based on act Mar. 3, 1883, popularly known as the “Sundry Civil Appropriation Act, fiscal year 1884”.

Similar Provisions

Enlargement of the Capitol grounds by the acquisition of certain squares in the city of Washington, provided by the following Sundry Civil Appropriation Acts for the fiscal years 1911, 1912, 1913, and 1914.

June 23, 1913, ch. 3, 38 Stat. 44.

Aug. 24, 1912, ch. 355, 37 Stat. 454.

Mar. 4, 1911, ch. 285, 36 Stat. 1414.

June 25, 1910, ch. 384, 36 Stat. 738.

Cross References

Change in architectural or landscape features of Capitol or grounds without approval of Congress, see section 162 of this title.

§§174, 174a. Omitted

Codification

Section 174, acts Aug. 26, 1912, ch. 408, 37 Stat. 605; Mar. 3, 1921, ch. 124, 41 Stat. 1291; May 29, 1928, ch. 901, §1(85), 45 Stat. 992, which related to control, supervision, and care of buildings and grounds, was superseded by act Mar. 4, 1929, ch. 708, 45 Stat. 1694, and act July 31, 1946, ch. 707, §1, 60 Stat. 718. See sections 193a to 193m, 212a and 212b of this title.

Section 174a, act May 17, 1938, ch. 236, 52 Stat. 391, related to control and supervision of the Senate Office Building. See section 174c of this title. Similar provisions were contained in the following prior appropriation acts:

May 18, 1937, ch. 223, 50 Stat. 180.

July 8, 1935, ch. 374, 49 Stat. 470.

May 30, 1934, ch. 372, 48 Stat. 827.

Feb. 28, 1933, ch. 134, 47 Stat. 1361.

June 30, 1932, ch. 314, 47 Stat. 392.

Feb. 20, 1931, ch. 234, 46 Stat. 1184.

June 6, 1930, ch. 407, 46 Stat. 514.

§174b. Senate Office Building; approval of structural changes by Architect of Capitol

Structural changes in the Senate Office Building shall only be made with the approval of the Architect of the Capitol.

(July 1, 1941, ch. 268, 55 Stat. 458.)

Codification

The following language preceded the text of this section in act July 1, 1941: “The care and operation of the Senate Office Building under the direction and supervision of the Senate Committee on Rules.”

Section is based on act July 1, 1941, popularly known as the “Legislative Branch Appropriation Act, 1942”.

Prior Provisions

Provisions similar to those in this section were contained in the following prior acts:

June 18, 1940, ch. 396, 54 Stat. 473.

June 16, 1939, ch. 208, 53 Stat. 832.

Improvement of Accommodations; Appropriation

Pub. L. 85–95, July 10, 1957, 71 Stat. 289, provided: “That the Architect of the Capitol, under the direction of the Senate Office Building Commission, created by the Sundry Civil Appropriation Act of April 28, 1904 (33 Stat. 481), as amended, is authorized and directed to enlarge and remodel Senators’ suites and to make structural, mechanical, and other changes and improvements in the existing Senate Office Building, to provide improved accommodations for the United States Senate, in accordance with plans to be prepared by or under direction of the Architect of the Capitol and to be submitted to and approved by the Senate Office Building Commission.

Sec. 2. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, and the Architect of the Capitol, under the direction of the Senate Office Building Commission, is authorized to enter into contracts and to make such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of this Act.”

Cross References

Senate Office Building, control, care, and supervision, see section 174c of this title.

§174b–1. Additional Senate office building

Upon completion of the additional office building for the United States Senate, the building and the grounds and sidewalks surrounding the same shall be subject to the provisions of sections 174(c), 174(d), 174c, 174d, 193a to 193m, 212a, 212a–2, and 212b of this title, in the same manner and to the same extent as the present Senate Office Building and the grounds and sidewalks surrounding the same.

(June 25, 1948, ch. 658, title I, 62 Stat. 1029.)

References in Text

Sections 174(c) and 174(d) of this title, referred to in text, have been omitted from the Code.

Acquisition of Property for Use as Residential Facility for United States Senate Pages

Pub. L. 102–330, §1, Aug. 3, 1992, 106 Stat. 849, as amended by Pub. L. 103–50, ch. XII, §1202, July 2, 1993, 107 Stat. 267, provided that:

“(a) Acquisition of Property.—(1) The Architect of the Capitol, under the direction of the Senate Committee on Rules and Administration, may acquire, on behalf of the United States Government, by purchase, condemnation, transfer or otherwise, as an addition to the United States Capitol Grounds, such real property in the District of Columbia as may be necessary to carry out the provisions of this Act [this note]. Real property acquired for purposes of this Act, may, in the discretion of the Architect of the Capitol, extend to the outer face of the curbs of such property so acquired, including alleys or parts of alleys and streets within the lot lines and curblines surrounding such real property, together with any or all improvements thereon.

“(2) Subject to the approval by the Committee on Appropriations of the Senate, an amount necessary to enable the Architect of the Capitol to carry out the provisions of this section may be transferred from any appropriation under the heading ‘senate’ and the subheadings ‘Salaries, Officers and Employees’, and ‘Office of the Sergeant at Arms and Doorkeeper’, and the subheadings ‘Contingent Expenses of the Senate’ and ‘Sergeant at Arms and Doorkeeper of the Senate’ to the account appropriated under the heading ‘architect of the capitol’ and the subheadings ‘Capitol Buildings and Grounds’ and ‘Senate Office Buildings’.

“(b) United States Capitol Grounds and Buildings.—Immediately upon the acquisition by the Architect of the Capitol, on behalf of the United States, of the real property, and the improvements thereon, as provided under subsection (a), the real property acquired shall be a part of the United States Capitol Grounds, and the improvements on such real property shall be a part of the Senate Office Buildings. Such real property and improvements shall be subject to the Act of July 31, 1946 (40 U.S.C. 193a et seq.), and the Act of June 8, 1942 (40 U.S.C. 174c).

“(c) Building Codes.—The real property and improvements acquired in accordance with subsection (a) shall be repaired and altered, to the maximum extent feasible as determined by the Architect of the Capitol, in accordance with a nationally recognized model building code, and other applicable nationally recognized codes (including electrical codes, fire and life safety codes, and plumbing codes, as determined by the Architect of the Capitol), using the most current edition of the nationally recognized codes referred to in this subsection.

“(d) Repairs; Expenditures.—The Architect of the Capitol is authorized, without regard to the provisions of section 3709 of the Revised Statutes of the United States [41 U.S.C. 5], to enter into contracts and to make expenditures for (1) necessary repairs to, and refurbishment of, the real property and the improvements on such real property acquired in accordance with subsection (a), including expenditures for personal and other services as may be necessary to carry out the purposes of this Act; and (2) for the construction on such real property of any facilities thereon as authorized under subsection (f). In no event shall the aggregate value of contracts and expenditures under this subsection exceed an amount equal to that authorized to be appropriated pursuant to subsection (e).

“(e) Authorization.—There is authorized to be appropriated to the account under the heading ‘Architect of the Capitol’ and the subheadings ‘Capitol Buildings and Grounds’ and ‘Senate Office Buildings’, $2,000,000 for carrying out the purposes of this Act. Moneys appropriated pursuant to this authorization may remain available until expended.

“(f) Use of Property.—The real property, and improvements thereon, acquired in accordance with subsection (a) shall be available to the Sergeant at Arms and Doorkeeper of the Senate for use as a residential facility for United States Senate Pages, and for such other purposes as the Senate Committee on Rules and Administration may provide.”

Authorization of Architect of Capitol To Lease City Post Office Building for Use by Senate and for Other Purposes

Pub. L. 101–520, title I, §107, Nov. 5, 1990, 104 Stat. 2267, provided that:

“(a) Notwithstanding any other provision of law, the Architect of the Capitol, subject to the approval of the Committee on Rules and Administration, is authorized to lease, for use by the United States Senate, and for such other purposes as such committee may approve, 150,000 square feet of space, more or less, in the property located at 2 Massachusetts Avenue, N.E., Washington, District of Columbia, known as the City Post Office Building: Provided, That rental payments shall be paid from the account ‘Architect of the Capitol, Senate Office Buildings’ upon vouchers approved by the Architect of the Capitol: Provided further, That nothing in this section shall be construed so as to obligate the Senate or any of its Members, officers, or employees to enter into any such lease or to imply any obligation to enter into any such lease.

“(b) Notwithstanding any other provision of law, property leased under authority of subsection (a) shall be maintained by the Architect of the Capitol as part of the ‘Senate Office Buildings’ subject to the laws, rules, and regulations governing such buildings, and the Architect is authorized to incur such expenses as may be necessary to provide for such occupancy.

“(c) There is hereby authorized to be appropriated to the ‘Architect of the Capitol, Senate Office Buildings’ such sums as may be necessary to carry out the provisions of subsections (a) and (b).

“(d) There is authorized to be appropriated to the Sergeant at Arms of the United States Senate such sums as may be necessary to provide for the planning and relocation of offices and equipment to the property described in subsection (a), subject to direction by the Committee on Rules and Administration.

“(e) The authority under this section shall continue until otherwise provided by law.”

North Capitol Plaza Building; Continuation of Authority for Lease and Sublease of Property; Leased Property As Part of Senate Office Buildings; Rent Limitations; Necessity of Senate Resolution; Term of Lease; Purchase Option

Pub. L. 94–157, title I, §112, Dec. 18, 1975, 89 Stat. 832, provided that:

“(a) Notwithstanding any other provision of law, the Sergeant at Arms of the Senate, subject to the approval of the Committee on Rules and Administration, and the Committee on Appropriations, is authorized to lease, for use by the United States Senate, and for such other purposes as such committees may approve, all or any part of the property located at 400 North Capitol Street, Washington, District of Columbia, known as the ‘North Capitol Plaza Building’: Provided, That rental payments under such lease for the entire property shall not exceed $3,375,000 per annum, exclusive of amounts for reimbursement for taxes paid and utilities furnished by the lessor: Provided further, That a lease shall not become effective until approved by Senate Resolution. Prior to such approval process the General Accounting Office shall examine the terms of the proposed lease and shall report to the Senate on its reasonableness, taking into account such factors as rental rates for similar space, advantages of proximity, and possible alternative arrangements. Such payments shall be paid from the Contingent Fund of the Senate upon vouchers approved by the Sergeant at Arms: Provided further, That such lease may be for a term not in excess of five years, and shall contain an option to purchase such property, and shall include such other terms and conditions as such committees may determine to be in the best interests of the Government: Provided further, That nothing in this section shall be construed so as to obligate the Senate or any of its Members, officers, or employees to enter into any such lease or to imply any obligation to enter into any such lease.

“(b) Notwithstanding any other provision of law, property leased under authority of subsection (a) shall be maintained by the Architect of the Capitol as part of the ‘Senate Office Buildings’ subject to the laws, rules, and regulations governing such buildings, and the Architect is authorized to incur such expenses as may be necessary to provide for such occupancy.

“(c) Notwithstanding any other provision of law, the Sergeant at Arms of the Senate, subject to the approval of the Committee on Rules and Administration and the Committee on Appropriations, is authorized to sublease any part of the property leased under authority of subsection (a) which is in excess of the requirements of the Senate. All rental payments under any such sublease shall be paid to the Sergeant at Arms of the Senate and such amounts shall thereupon be added to and merged with the appropriation ‘Miscellaneous Items’ under the Contingent Fund of the Senate.

“(d) Notwithstanding any other provision of law, upon the approval of the Committee on Rules and Administration and the Committee on Appropriations, the Secretary of the Senate shall transfer by voucher or vouchers to the Architect of the Capitol from the ‘Contingent Fund of the Senate’ such amounts as may be necessary for the Architect of the Capitol to carry out the provisions of subsection (b) and such amounts shall thereupon be added to and merged with the appropriation ‘Senate Office Buildings’.

“(e) The authority under this section shall continue until otherwise provided by law.”

Construction of Extension to New Senate Office Building

Pub. L. 96–69, title V, §502, Sept. 25, 1979, 93 Stat. 450, appropriated additional funds of $52,583,400 toward finishing construction of an extension to the New Senate Office Building, to remain available until expended, set the figure $137,730,400 as the ceiling on the total cost for construction of the building, and further provided that the building and office space therein upon completion meet all needs for personnel presently supplied by the Carrol Arms, the Senate Courts, the Plaza Hotel, and the Capitol Hill Apartments and that those buildings be vacated.

Pub. L. 93–245, ch. VI, Jan. 3, 1974, 87 Stat. 1079, appropriated funds for the construction of an extension of the Senate subway transportation system, construction of additional floor levels on the rear center wing of the Dirksen Office Building, changes to the Dirksen and Russell Office Buildings to provide improved means of circulation to, in, and through those buildings and the extension, and other changes required to properly correlate use of the three buildings.

Pub. L. 92–607, ch. V, §508, Oct. 31, 1972, 86 Stat. 1510, appropriated funds for the construction and equipment of an extension to the New Senate Office Building and for structural and other changes in the existing New Senate Office Building necessitated by such construction.

Development of Plans for Garage and Related Facilities for Senate

Pub. L. 92–607, ch. V, §508, Oct. 31, 1972, 86 Stat. 1512, authorized the Architect of the Capitol to conduct a study of design and cost alternatives for construction of a parking garage and to establish an architectural design competition for design of the garage structure.

Acquisition of Property as Site for Parking Facilities for Senate

Pub. L. 92–607, ch. V, §508, Oct. 31, 1972, 86 Stat. 1510, as amended by Pub. L. 93–305, title I, ch. VIII, §801, June 8, 1974, 88 Stat. 206, authorized the Architect of the Capitol to acquire certain real property as a site for parking facilities for the Senate, with such property to become a part of the United States Capitol Grounds upon acquisition.

Acquisition of Property To Extend Additional Senate Office Building Site

Pub. L. 85–429, May 29, 1958, 72 Stat. 148; Pub. L. 85–591, Aug. 6, 1958, 72 Stat. 495; Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 352; Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 819; Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 637, authorized the Architect of the Capitol to acquire certain real property for purposes of extension of Additional Senate Office Building Site or for Additions to United States Capitol Grounds.

Additional Senate Office Building

Act Aug. 1, 1953, ch. 304, title I, 67 Stat. 328, authorized certain appropriations made available for expenditure for the preparation of additional preliminary plans and cost estimates for an additional Senate Office Building, such expenditure to be made by the Architect of the Capitol under the supervision of the Senate Office Building Commission, whose membership was increased by act Aug. 1, 1953 from five to seven members.

Act July 11, 1947, ch. 220, 61 Stat. 307, increased the membership of the Senate Office Building Commission from three to five members and provided that the Architect of the Capitol, under the supervision of the Commission, was to prepare preliminary plans and cost estimates for an additional Senate Office Building and authorized certain appropriations therefore.

Furniture and Furnishings

Pub. L. 85–93, July 10, 1957, 71 Stat. 284, authorized and directed the Architect of the Capitol to provide furniture and furnishings for the additional Senate Office Building, authorized appropriations necessary therefore, and also authorized the Architect of the Capitol to enter into contracts and make such expenditures as are necessary to furnish the building.

§174c. Control, care, and supervision of Senate Office Building

On and after June 8, 1942 the Senate Office Building, and the employment of all services (other than for officers and privates of the Capitol Police) necessary for its protection, care, and occupancy, together with all other items that may be appropriated for by the Congress for such purposes, shall be under the control and supervision of the Architect of the Capitol, subject to the approval of the Senate Committee on Rules and Administration as to matters of general policy; and the Architect of the Capitol shall submit annually to the Congress estimates in detail for all services (other than for officers and privates of the Capitol Police) and for all other expenses in connection with said office building and necessary for its protection, care, and occupancy.

(June 8, 1942, ch. 396, 56 Stat. 343; Aug. 2, 1946, ch. 753, title I, §102, title II, §224, 60 Stat. 814, 838.)

Amendments

1946—Act Aug. 2, 1946, substituted “Committee on Rules and Administration” for “Committee on Rules”.

Effective Date of 1946 Amendment

Section 142 of act Aug. 2, 1946, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall “take effect on the day on which the Eightieth Congress convenes”. The Eightieth Congress convened on Jan. 3, 1947.

Cross References

Additional Senate Office Building, see section 174b–1 of this title.

Section Referred to in Other Sections

This section is referred to in section 174b–1 of this title.

§174d. Assignment of space in Senate Office Building

On and after June 8, 1942 the assignment of rooms and other space in the Senate Office Building shall be under the direction and control of the Senate Committee on Rules and Administration and shall not be a part of the duties of the Architect of the Capitol.

(June 8, 1942, ch. 396, 56 Stat. 343; Aug. 2, 1946, ch. 753, title I, §102, title II, §224, 60 Stat. 814, 838.)

Amendments

1946—Act Aug. 2, 1946, substituted “Committee on Rules and Administration” for “Committee on Rules”.

Effective Date of 1946 Amendment

Section 142 of act Aug. 2, 1946, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall “take effect on the day on which the Eightieth Congress convenes”. The Eightieth Congress convened on Jan. 3, 1947.

Section Referred to in Other Sections

This section is referred to in section 174b–1 of this title.

§174d–1. Assignment of space for meetings of joint committees, conference committees, etc.

The President pro tempore of the Senate and the Speaker of the House of Representatives shall cause a survey to be made of available space within the Capitol which could be utilized for joint committee meetings, meetings of conference committees, and other meetings, requiring the attendance of both Senators and Members of the House of Representatives; and shall recommend the reassignment of such space to accommodate such meetings.

(Aug. 2, 1946, ch. 753, title II, §242, 60 Stat. 839.)

Effective Date

Section effective Aug. 2, 1946, see section 245 of act Aug. 2, 1946, set out as a note under section 72a of Title 2, The Congress.

§174e. Certification of vouchers by Architect of Capitol

It shall not be a duty of the Architect of the Capitol to certify any pay roll or other voucher covering any expenditure from any appropriation for the Senate Office Building, or for any other building or activity, unless the obligation involved was incurred by him or under his direction.

(June 8, 1942, ch. 396, 56 Stat. 343.)

§§174f to 174j. Omitted

Codification

Sections 174f to 174j were omitted on authority of the Senate Committee on Rules and Administration resolution adopted July 16, 1947, set out as a note below:

Section 174f, act Sept. 9, 1942, ch. 558, §1, 56 Stat. 750, related to management of the Senate Restaurants.

Section 174g, act Sept. 9, 1942, ch. 558, §3, 56 Stat. 751, related to authority of Architect of the Capitol.

Section 174h, act Sept. 9, 1942, ch. 558, §4, 56 Stat. 751, related to special deposit account of Architect of the Capitol.

Section 174i, act Sept. 9, 1942, ch. 558, §5, 56 Stat. 751, related to persons authorized to make deposits in special deposit account.

Section 174j, act Sept. 9, 1942, ch. 558, §6, 56 Stat. 751, related to persons required to furnish surety bonds under the terms of the special deposit account.

Senate Committee on Rules and Administration Resolution Adopted July 16, 1947

“Whereas the management of the Senate Restaurants and all matters connected therewith was transferred, under the provisions of Public Law 709, Seventy-seventh Congress [these sections], from the jurisdiction of the Senate Committee on Rules to the jurisdiction of the Architect of the Capitol, subject to the approval of such committee as to matters of general policy; and

“Whereas Public Law 709 further provided that management of such restaurant should revert to the jurisdiction of the Committee on Rules upon adoption by the committee of a resolution ordering such reversion; and

“Whereas the functions, powers, and duties of the Committee on Rules under Public Law 709 has devolved upon the Committee on Rules and Administration pursuant to the provisions of subsection (o)(1)(f) of Rule XXV of the Standing Rules of the Senate and of section 224 of the Legislative Reorganization Act of 1946, as amended [amending sections 168, 170, 174c, and 174d of this title]; and

“Whereas it is the conclusion of the committee that the management of such Restaurants should revert to the jurisdiction of the Committee: Therefore be it

“Resolved by the Committee on Rules and Administration of the Senate, That, pursuant to the authority contained in the first section of Public Law 709, Seventy-seventh Congress [section 174f of this title], the transfer of the management of the Senate Restaurants and all matters connected therewith from the jurisdiction of the Architect of the Capitol to the jurisdiction of the Committee on Rules and Administration is hereby ordered, effective August 1, 1947.

“Resolved further, That the Architect of the Capitol is hereby requested, pursuant to such order, to transfer on August 1, 1947, to this Committee or to such person or corporation as may be authorized by this Committee to operate the Senate Restaurants all books, records, accounts, supplies, equipment, and other assets of the Senate Restaurants.

“Resolved further, That in the interests of effecting an orderly transfer the Comptroller General is requested to audit the accounts of the Senate Restaurants as of the close of business on July 31, 1947.”

See, also, Second Supplemental Appropriation Act, 1948 (act July 31, 1947, ch. 414, §1, 61 Stat. 696) [amending section 60a of Title 2, The Congress], second paragraph under heading “Senate”.

§174j–1. Senate Restaurants; management by Architect of Capitol; approval of matters of general policy; termination

Effective August 1, 1961, the management of the Senate Restaurants and all matters connected therewith, heretofore under the direction of the Senate Committee on Rules and Administration, shall be under the direction of the Architect of the Capitol under such rules and regulations as the Architect may prescribe for the operation and the employment of necessary assistance for the conduct of said restaurants by such business methods as may produce the best results consistent with economical and modern management, subject to the approval of the Senate Committee on Rules and Administration as to matters of general policy: Provided, That the management of the Senate Restaurants by the Architect of the Capitol shall cease and the restaurants revert from the jurisdiction of the Architect of the Capitol to the jurisdiction of the Senate Committee on Rules and Administration upon adoption by that committee of a resolution ordering such transfer of jurisdiction at any time hereafter.

(Pub. L. 87–82, §1, July 6, 1961, 75 Stat. 199.)

Distribution of Unused Senate Cafeterias Food by Private Distribution Organization

Pub. L. 100–458, title I, §5, Oct. 1, 1988, 102 Stat. 2161, provided that: “The Committee on Rules and Administration of the Senate may provide for the distribution of unused food from the Senate cafeterias under the jurisdiction of the committee to the needy of the District of Columbia through an appropriate private distribution organization selected by the committee.”

Similar provisions were contained in the following prior appropriation act:

Pub. L. 100–202, §144, Dec. 22, 1987, 101 Stat. 1329–443.

Section Referred to in Other Sections

This section is referred to in sections 166b–1f, 174j–3, 174j–4, 174j–7, 174j–9 of this title; title 5 section 5533.

§174j–2. Omitted

Codification

Section, Pub. L. 87–82, §2, July 6, 1961, 75 Stat. 199, related to transfer of accounts, records, supplies, equipment and assets of Senate Restaurants after close of business July 31, 1961, from Senate Committee on Rules and Administration to Architect of the Capitol.

§174j–3. Authorization and direction to effectuate purposes of sections 174j–1 to 174j–7 of this title

The Architect of the Capitol is authorized and directed to carry into effect for the United States Senate the provisions of sections 174j–1 to 174j–7 of this title and to exercise the authorities contained herein, and any resolution of the Senate amendatory hereof or supplementary hereto hereafter adopted. Such authority and direction shall continue until the United States Senate shall by resolution otherwise order, or until the Senate Committee on Rules and Administration shall by resolution order the restaurants to be returned to the committee's jurisdiction.

(Pub. L. 87–82, §3, July 6, 1961, 75 Stat. 199.)

References in Text

Herein, referred to in text, means Pub. L. 87–82, July 6, 1961, 75 Stat. 199, as amended, which enacted sections 174j–1 to 174j–7 of this title. For complete classification of this Act to the Code, see Tables.

Section Referred to in Other Sections

This section is referred to in sections 166b–1f, 174j–4, 174j–7, 174j–9 of this title; title 5 section 5533.

§174j–4. Special deposit account; establishment; appropriations; approval of payments

There is established with the Treasurer of the United States a special deposit account in the name of the Architect of the Capitol for the United States Senate Restaurants, into which shall be deposited all sums received pursuant to sections 174j–1 to 174j–7 of this title or any amendatory or supplementary resolutions hereafter adopted and from the operations thereunder and from which shall be disbursed the sums necessary in connection with the exercise of the duties required under sections 174j–1 to 174j–7 of this title or any amendatory or supplementary resolutions and the operations thereunder. Any amounts appropriated for fiscal year 1973 and thereafter from the Treasury of the United States, which shall be part of a “Contingent Expenses of the Senate” item for the particular fiscal year involved, shall be paid to the Architect of the Capitol by the Secretary of the Senate at such times and in such sums as the Senate Committee on Rules and Administration may approve. Any such payment shall be deposited by the Architect in full under such special deposit account.

(Pub. L. 87–82, §4, July 6, 1961, 75 Stat. 199; Pub. L. 92–51, July 9, 1971, 85 Stat. 129; Pub. L. 92–342, §101, July 10, 1972, 86 Stat. 435.)

Amendments

1972—Pub. L. 92–342 substituted provision that amounts appropriated for 1973 and thereafter which shall be part of “Contingent Expenses of the Senate” be paid to the Architect of the Capitol, for provision that amounts appropriated for 1972 and thereafter specifically for Senate Restaurants as “Contingent Expenses of the Senate” be paid to Architect of the Capitol.

1971—Pub. L. 92–51 substituted “amounts appropriated for fiscal year 1972 and thereafter” for Senate Restaurants for “amounts hereafter appropriated” for such Restaurants, provision that amounts appropriated specifically for such Restaurants as a Contingent Expense of the Senate item for fiscal year involved shall be paid to Architect of the Capitol, for prior provision declaring amounts appropriated for such Restaurants shall be a part of such Restaurants as a Contingent Expense of Senate for fiscal year involved and for payment of such part to Architect of the Capitol, and provision for approval of payments by Senate Committee on Rules and Administration, including times for payments, for prior provision for payments as appropriations shall specify.

Section Referred to in Other Sections

This section is referred to in sections 166b–1f, 174j–3, 174j–7, 174j–9 of this title; title 5 section 5533.

§174j–5. Deposits and disbursements under special deposit account

Deposits and disbursements under such special deposit account (1) shall be made by the Architect, or, when directed by him, by such employees of the Architect as he may designate, and (2) shall be subject to audit by the General Accounting Office at such times and in such manner as the Comptroller General may direct: Provided, That payments made by or under the direction of the Architect of the Capitol from such special deposit account shall be conclusive upon all officers of the Government.

(Pub. L. 87–82, §5, July 6, 1961, 75 Stat. 200.)

Section Referred to in Other Sections

This section is referred to in sections 166b–1f, 174j–3, 174j–4, 174j–6, 174j–7, 174j–9 of this title; title 5 section 5533.

§174j–6. Bond of Architect, Assistant Architect, and other employees

The Architect, Assistant Architect, and any employees of the Architect designated by the Architect under section 174j–5 of this title shall each give bond in the sum of $5,000 with such surety as the Secretary of the Treasury may approve for the handling of the financial transactions under such special deposit account.

(Pub. L. 87–82, §6, July 6, 1961, 75 Stat. 200.)

Section Referred to in Other Sections

This section is referred to in sections 166b–1f, 174j–3, 174j–4, 174j–7, 174j–9 of this title; title 5 section 5533.

§174j–7. Supersedure of prior provisions for maintenance and operation of Senate Restaurants

Sections 174j–1 to 174j–7 of this title shall supersede any other Acts or resolutions heretofore approved for the maintenance and operation of the Senate Restaurants: Provided, however, That any Acts or resolutions now in effect shall again become effective, should the restaurants at any future time revert to the jurisdiction of the Senate Committee on Rules and Administration.

(Pub. L. 87–82, §7, July 6, 1961, 75 Stat. 200.)

Section Referred to in Other Sections

This section is referred to in sections 166b–1f, 174j–3, 174j–4, 174j–9 of this title; title 5 section 5533.

§174j–8. Management personnel and miscellaneous expenses; availability of appropriations; annual and sick leave

On and after July 9, 1971, appropriations for the “Senate Office Buildings” shall be available for employment of management personnel of the Senate restaurant facilities and miscellaneous restaurant expenses (except cost of food and cigar stand sales) and, in fixing the compensation of such personnel, the compensation of four positions hereafter to be designated as Director of Food Service, Assistant Director of Food Service, Manager (special functions), and Administrative Officer shall be fixed by the Architect of the Capitol without regard to chapter 51 and subchapter III and IV of chapter 53 of title 5, and shall thereafter be adjusted in accordance with section 5306 of title 5. Annual and sick leave balances of such personnel, as of July 9, 1971, shall be credited to the leave accounts of such personnel, subject to the provisions of section 6304 of title 5, upon their transfer to the appropriation for Senate Office Buildings and such personnel shall continue, while employed by the Architect of the Capitol, to earn leave at rates not less than their present accrual rates.

(Pub. L. 92–51, July 9, 1971, 85 Stat. 138; Pub. L. 94–59, title V, July 25, 1975, 89 Stat. 289; Pub. L. 101–509, title V, §529 [title I, §101(b)(5)], Nov. 5, 1990, 104 Stat. 1427, 1440.)

Amendments

1990—Pub. L. 101–509 substituted “5306” for “5307”.

1975—Pub. L. 94–59 inserted references to compensation of Director of Food Service, Assistant Director of Food Service, Manager (special functions), and Administrative Officer.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Organization and Employees.

Section Referred to in Other Sections

This section is referred to in section 174j–9 of this title.

§174j–9. Loans for Senate Restaurants

(a) Borrowing authority

Subject to the approval of the Senate Committee on Rules and Administration, the Architect of the Capitol shall have authority to borrow (and be accountable for), from time to time, from the appropriation account, within the contingent fund of the Senate, for “Miscellaneous Items”, such amount as he may determine necessary to carry out the provisions of the joint resolution entitled “Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes”, approved July 6, 1961, as amended (40 U.S.C. 174j–1 through 174j–8),1 and resolutions of the Senate amendatory thereof or supplementary thereto.

(b) Amount and period of loan; voucher

Any such loan authorized pursuant to subsection (a) of this section shall be for such amount and for such period as the Senate Committee on Rules and Administration shall prescribe, and shall be made by the Secretary of the Senate to the Architect of the Capitol upon a voucher approved by the Chairman of the Senate Committee on Rules and Administration.

(c) Deposit, credit, and future availability of proceeds from repayment

All proceeds from the repayment of any such loan shall be deposited in the appropriation account, within the contingent fund of the Senate, for “Miscellaneous Items”, shall be credited to the fiscal year during which such loan was made, and shall thereafter be available for the same purposes for which the amount loaned was initially appropriated.

(Pub. L. 98–396, title I, Aug. 22, 1984, 98 Stat. 1395.)

References in Text

“Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes”, approved July 6, 1961, referred to in subsec. (a), is Pub. L. 87–82, July 6, 1961, 75 Stat. 199, which enacted sections 174j–1 to 174j–7 of this title. Section 174j–2 of this title was omitted from the Code. For complete classification of this Act to the Code, see Tables.

1 See References in Text note below.

§174k. House of Representatives restaurant, cafeteria, and food services

(a) Management and duties

Notwithstanding any other authority with respect to the jurisdiction and control over the management of the House Restaurant and the cafeteria and other food service facilities of the House of Representatives, the jurisdiction over such restaurant and facilities and authority over the direction and supervision of the immediate management and operation thereof shall be vested in the Committee on House Administration; and the immediate management and operation of such restaurant and facilities may be vested in such official or other authority, acting as the agent of the committee, as the committee may designate; and the official or authority so designated shall perform the duties vested in the Architect of the Capitol by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941 (54 Stat. 1056; Public, No. 812, Seventy-sixth Congress).

(b) Transfer of accounts, records, supplies, equipment, and assets

The Architect of the Capitol is hereby authorized and directed to transfer, as the Committee on House Administration directs, all accounts, records, supplies, equipment, and assets of the House Restaurant and the cafeteria and other food service facilities of the House which are in the possession or under the control of the Architect of the Capitol in order that all such items may be available for the maintenance and operation of the House Restaurant under the authority of, and as directed by, the Committee on House Administration.

(c) Special deposit account

All authority, responsibility, and functions vested in or imposed upon the Architect of the Capitol in connection with the special deposit account established by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, shall be vested in or imposed upon such other official, authority, or authorities as the Committee on House Administration may designate.

(d) Effective date

The provisions of this section shall become effective on the first day of the first calendar month beginning after the date of adoption of this resolution, until otherwise provided by law.

(Pub. L. 92–51, July 9, 1971, 85 Stat. 133.)

References in Text

Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in subsecs. (a) and (c), is section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was formerly classified to this section and is now set out below in a Prior Provisions note.

The first day of the first calendar month beginning after the date of adoption of this resolution, referred to in subsec. (d), is April 1, 1971.

Codification

Section is based on section 2 of House Resolution No. 317, Ninety-second Congress, Mar. 25, 1971, which was enacted into permanent law by Pub. L. 92–51.

Prior Provisions

A prior section 174k, act Oct. 9, 1940, ch. 780, title II, §208, 54 Stat. 1056, which was classified to this section prior to its supersedure by Pub. L. 92–51, §101, July 9, 1971, 85 Stat. 133. Section 208 of act Oct. 9, 1940, read as follows:

“(a) The Architect of the Capitol is authorized and directed to carry into effect for the House of Representatives, and to exercise the authorities contained in, the Resolution of the House of Representatives numbered 590, adopted September 5, 1940, and any other resolution of such House amendatory thereof or supplementary thereto hereafter adopted. Such authority and direction shall continue until the House of Representatives shall by resolution otherwise order.

“(b) There is established with the Treasurer of the United States a special deposit account in the name of the Architect of the Capitol for the House of Representatives Restaurant, into which shall be deposited all sums received pursuant to such resolution or resolutions and from the operations thereunder and from which shall be disbursed the sums necessary in connection with the exercise of the duties required under such resolution or resolutions and the operations thereunder. Any appropriation hereafter made from the Treasury of the United States for such restaurant shall be a part of the appropriation ‘Contingent Expenses, House of Representatives, Miscellaneous Items’, for the particular fiscal year involved and each such part shall be paid to the Architect of the Capitol by the Clerk of the House of Representatives in such sum as such appropriation or appropriations shall hereafter specify and shall be deposited by such Architect in full in such special deposit account.

“(c) Deposits and disbursements under such special deposit account (1) shall be made by the Architect, or, when directed by him, by such employees of the Architect as he may designate, and (2) shall be subject to audit by the General Accounting Office at such times and in such manner as the Comptroller General may direct: Provided, That payments made by or under the direction of the Architect of the Capitol from such special deposit account shall be conclusive upon all officers of the government.

“(d) The Architect, Assistant Architect, and any employees of the Architect designated by the Architect under subsection (c) of this section shall each give bond in the sum of $5,000 with such surety as the Secretary of the Treasury may approve for the handling of the financial transactions under such special deposit account.”

The Resolution of the House of Representatives numbered 590, adopted September 5, 1940, referred to in subsec. (a) of section 208 set out above, read as follows: “That effective October 1, 1940, until otherwise ordered by the House, the management of the House Restaurant and all matters connected therewith shall be under the direction of the Architect of the United States Capitol under such rules and regulations as he may prescribe for the operation and the employment of necessary assistance for the conduct of said restaurant by such business methods as may produce the best results consistent with economical and modern management.

Sec. 2. The Committee on Account after the close of business September 30, 1940, is hereby authorized and directed to transfer to the jurisdiction of the Architect of the United States Capitol all accounts, records, supplies, equipment, and assets of the House Restaurant that may be in the possession or under the control of the said committee in order that all such items may be available to the Architect of the United States Capitol toward maintenance and operation of the House of Representatives Restaurant.”

House Resolution 186, agreed to April 24, 1941, authorized the establishment of a branch of the House Restaurant in the New House Office Building.

Change of Name

Committee on House Administration of House of Representatives changed to Committee on House Oversight of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Transfer of Food Service Operations; Election by Certain Affected Employees; Disability and Retirement Benefits; Promulgation of Regulations

Pub. L. 99–500, §111, Oct. 18, 1986, 100 Stat. 1783–348, and Pub. L. 99–591, §111, Oct. 30, 1986, 100 Stat. 3341–348, provided that:

“(a) Any individual who—

“(1) on the day before the date on which food services operations for the House of Representatives are transferred by contract to a corporation or other person—

“(A) is a congressional employee (as defined in section 2107 of title 5, United States Code), other than an employee of the Architect of the Capitol, engaged in providing such food services under the administrative control of the Architect of the Capitol; and

“(B) is subject to subchapter III of chapter 83 of title 5, United States Code, or chapter 84 of such title;

“(2) as a result of such contract, ceases to be an employee described in paragraph (1); and

“(3) becomes employed to provide such food services under contract, including a successor contract;

may, for purposes of the provisions of law specified in subsection (b), elect to be treated, for so long as such individual continues to be employed (without a break in service) as described in paragraph (3), as if such individual had not ceased to be an employee described in paragraph (1). Such election shall be made on or before the day referred to in paragraph (1) and shall be available only to an individual whose transition from the employment described in paragraph (1) to the employment described in paragraph (3) takes place without a break in service.

“(b) The provisions of law referred to in subsection (a) are—

“(1) subchapter III of chapter 83 of title 5, United States Code (including section 8339(m) of such title (which shall be applied, when an employee retires on an immediate annuity or dies, as if the employment at the time of retirement or death were under a formal leave system), with respect to unused sick leave to the credit of an employee on the day referred to in subsection (a)(1));

“(2) chapter 84 of title 5, United States Code; and

“(3) title III of the Federal Employees’ Retirement System Act of 1986 [sections 301 to 312 of Pub. L. 99–335, see Tables for classification].

“(c)(1) At the earliest practicable opportunity, the Director of the Office of Personnel Management shall, in consultation with the Architect of the Capitol, prescribe regulations to carry out this section with respect to matters within the jurisdiction of the Office, including regulations under which—

“(A) an individual who makes an election under subsection (a) shall pay into the Civil Service Retirement and Disability Fund any employee contributions which would be required if such individual were a Congressional employee; and

“(B) the employer furnishing food services under a contract referred to in subsection (a) shall pay into the Civil Service Retirement and Disability Fund amounts equal to any agency contributions which would be required if the individual were a Congressional employee.

“(2) At the earliest practicable opportunity, the Executive Director of the Federal Retirement Thrift Investment Board shall, in consultation with the Architect of the Capitol, prescribe regulations to carry out this section with respect to matters within the jurisdiction of the Board.”

Section Referred to in Other Sections

This section is referred to in section 166b–1f of this title; title 5 section 5533.

§175. House Office Building; control, supervision, and care

The House of Representatives Office Building, which shall hereafter be designated as the House Office Building and the employment of all service, other than officers and privates of the Capitol police, that may be appropriated for by Congress, necessary for its protection, care, and occupancy, shall be under the control and supervision of the Architect of the Capitol, subject to the approval and direction of a commission consisting of the Speaker of the House of Representatives and two Representatives in Congress, to be appointed by the Speaker. Vacancies occurring by resignation, termination of service as Representatives in Congress, or otherwise in the membership of said commission shall be filled by the Speaker, and any two members of said commission shall constitute a quorum to do business. The Architect of the Capitol shall submit annually to Congress estimates in detail for all services, other than officers and privates of the Capitol police, and for all other expenses in connection with said office building and necessary for its protection, care, and occupancy; and said commission herein referred to shall from time to time prescribe rules and regulations to govern said architect in making all such employments, together with rules and regulations governing the use and occupancy of all rooms and space in said building.

(Mar. 4, 1907, ch. 2918, 34 Stat. 1365; May 28, 1908, No. 30, 35 Stat. 578; Mar. 3, 1921, ch. 124, 41 Stat. 1291.)

Codification

Section is based on act Mar. 4, 1907, popularly known as the “Sundry Civil Appropriation Act, fiscal year 1908” appropriating for the maintenance of such Building.

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Acquisition of Site

Act Mar. 3, 1903, ch. 1007, 32 Stat. 1113, authorized acquisition of a site for and the construction of the House Office Building, and appointment of a Commission to supervise its construction.

Joint Resolution May 28, 1908, provided that it should be designated the House Office Building.

Designation of House Office Buildings

House Resolution No. 402, One Hundred First Congress, Sept. 10, 1990, provided that:

“SECTION 1. DESIGNATIONS.

“(a) Thomas P. O'Neill, Jr. House of Representatives Office Building.—The House of Representatives office building located at C Street and New Jersey Avenue, Southeast, in the District of Columbia, and known as House of Representatives Office Building Annex No. 1, shall be known and designated as the ‘Thomas P. O'Neill, Jr. House of Representatives Office Building’.

“(b) Gerald R. Ford House of Representatives Office Building.—The House of Representatives office building located at 3d and D Streets, Southwest, in the District of Columbia, and known as House of Representatives Office Building Annex No. 2, shall be known and designated as the ‘Gerald R. Ford House of Representatives Office Building’.

“SEC. 2. REFERENCES.

“Any reference in a law, map, regulation, document, paper, or other record of the United States to a building referred to in section 1 shall be deemed to be a reference to the building as designated in that section.

“SEC. 3. STATUES.

“The Speaker of the House of Representatives may purchase or accept as a gift to the House of Representatives, for permanent display in the appropriate building designated in section 1, a suitable statue or bust of the individual for whom the building is named. Such purchase or acceptance shall be carried out—

“(1) in the case of the building referred to in section 1(a), in consultation with the majority leader of the House of Representatives; and

“(2) in the case of the building referred to in section 1(b), in consultation with the minority leader of the House of Representatives.”

Additional House Office Building

Pub. L. 98–367, title I, July 17, 1984, 98 Stat. 483, provided in part: “That notwithstanding any other provision of law, the House Office Building Commission is authorized to use, to such extent as it may deem necessary, for the purposes of providing office and other accommodations for the House of Representatives, the building located at 501 First Street, S.E., on a portion of Reservation 17 in the District of Columbia when such building is acquired by the Architect of the Capitol at the direction of the House Office Building Commission under authority of the Additional House Office Building Act of 1955, and to incur any expenditures under this appropriation required for alterations, maintenance, and occupancy thereof: Provided further, That any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the ‘House Office Buildings’ and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings.”

Pub. L. 94–6, ch. I, Feb. 28, 1975, 89 Stat. 12, provided in part that: “Notwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purposes of providing office and other accommodations for the House of Representatives, the building located on Square 581 in the District of Columbia when such Square, including the improvements thereon, is acquired by the Architect of the Capitol at the direction of the House Office Building Commission under authority of the Additional House Office Building Act of 1955 [act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, see note below] and to incur any expenditures under this appropriation [$15,000,000 for fiscal year ending June 30, 1975, to remain available until expended] required for alterations, maintenance, and occupancy thereof, and (2) prior to occupancy of the entire building by the House of Representatives, to permit the temporary occupancy by other governmental activities of any part of such building not so occupied, under such terms and conditions as such Commission may authorize: Provided further, That any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the ‘House Office Buildings’ and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings.”

Act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, authorized the construction of an additional fireproof office building for use of the House of Representatives, on a site approved by the House Office Building Commission, in accordance with plans prepared by the Architect of the Capitol and approved by the Commission, authorized the Architect of the Capitol to acquire certain real property in the District of Columbia, subject to the approval of the Commission, for construction of the office building or for additions to the United States Capitol Grounds, designated the necessary procedure for condemnation proceedings conducted pursuant to such real property acquisition, authorized the demolition of certain buildings by the Architect, and appropriated $5,000,000 and authorized such additional appropriations as the Commission deemed necessary for the construction project.

Act July 11, 1947, ch. 227, 61 Stat. 312, authorized the Architect of the Capitol, subject to the direction of the House Office Building Commission, to prepare preliminary plans and cost estimates for construction of extensions to the House Office Buildings, the remodeling of the Old House Office Building, and the renewal of the plumbing in the Old House Office Building, and authorized appropriations of $25,000 for such purposes.

Use of Congressional Hotel as House Office Building; Lease of Unused Space

Pub. L. 92–313, §8, June 16, 1972, 86 Stat. 222, provided that:

“(a) Notwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purpose of providing office and other accommodations for the House of Representatives, the building, known as the Congressional Hotel, acquired by the Government in 1957 as part of Lot 20 in Square 692 in the District of Columbia under authority of the Additional House Office Building Act of 1955 [set out as a note above] and (2) to direct the Architect of the Capitol to lease, at fair market value, for such other use and under such terms and conditions and to such parties as such Commission may authorize, any space in such building not required for the aforesaid purpose.

“(b) Any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the ‘House Office Buildings’ and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings.”

For effective date of section 8 of Pub. L. 92–313, see section 11 of Pub. L. 92–313, set out as an Effective Date of 1972 Amendment note under section 603 of this title.

Solar Energy for Certain House Office Buildings

Pub. L. 95–577, Nov. 2, 1978, 92 Stat. 2470, directed Architect of the Capitol, under direction of House Office Building Commission, to install solar collectors for furnishing a portion of the energy needs of Rayburn House Office Building and of House Office Building Annex Numbered 2 (Gerald R. Ford House of Representatives Office Building).

Additional Parking Space for House Employees

House Resolution No. 208, Ninety-fourth Congress, Feb. 24, 1975, as enacted into permanent law by Pub. L. 94–59, title II, §201, July 25, 1975, 89 Stat. 282, provided: “That the chairman, Committee on House Administration [now Committee on House Oversight] is authorized:

“(1) to lease or to otherwise provide additional indoor and outdoor parking facilities for employees of the House of Representatives in an area or areas in the District of Columbia outside but adjacent to the limits of the United States Capitol Grounds;

“(2) to regulate and assign such additional parking facilities;

“(3) to utilize the United States Capitol Police with respect to such parking areas, and transit routes; and

“(4) to utilize the services of the Architect of the Capitol to prepare bids, leases, or otherwise assist in obtaining such additional parking facilities.

Until otherwise provided by law, there shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this authorization.”

Pub. L. 93–305, title I, ch. VIII, §801, June 8, 1974, 88 Stat. 206, authorized a detailed study of the House garages located in the Rayburn and Cannon House Office Buildings and in Squares 637 and 691 to determine the feasibility of providing additional parking.

Inclusion of Additional Areas and Buildings

For inclusion of additional areas and buildings as part of the United States Capitol grounds, see order of the House Office Building Commission affecting the Capitol grounds and buildings, set out as a note under section 193a of this title.

Compensation of Superintendent of Garages of House Office Buildings

Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2170, as amended by Pub. L. 102–90, title I, §105, Aug. 14, 1991, 105 Stat. 460, provided: “That upon enactment of this Act [Oct. 1, 1988], the pay for the position of Superintendent of Garages shall be equivalent to the pay payable for positions at step 1 of level 12 of the House Employees Schedule, subject to the further increases authorized under section 5306(a)(1)(B) of title 5, United States Code, relating to the implementation of salary comparability policy, and subject to any increase which may be allowed by the Committee on House Administration [now Committee on House Oversight] based on performance exceeding an acceptable level of competence over a 52-week period (except that no such performance-based increase shall affect the waiting period or effective date of any longevity step-increase or increase under such section 5306(a)(1)(B)).”

Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 542, provided that on and after April 1, 1973, the compensation of the Superintendent of Garages was to be at the gross annual rate of $25,000 subject to the further increases authorized under 5 U.S.C. 5307(a)(1)(B).

Pub. L. 90–367, §4, June 29, 1968, 82 Stat. 278, provided that the per annum gross rate of compensation of the position of Superintendent of Garages was to be $12,540 and that such position was to be subject to the salary comparability provisions in section 212 of the Federal Salary Act of 1967, set out as a note under section 5304 of Title 5, Government Organization and Employees.

Compensation of Personnel Assigned to House Garages in Connection With Parking Activities

Pub. L. 93–245, ch. VI, Jan. 3, 1974, 87 Stat. 1079, provided that: “Effective on the first day of the first applicable pay period which begins on or after the date of enactment of this Act [Jan. 3, 1974], the compensation of personnel assigned to the House garages in connection with parking activities and paid from the appropriation ‘House Office Building’ under the Architect of the Capitol, shall be fixed by the Architect of the Capitol without regard to chapter 51 and subchapters III and IV of chapter 53 of title 5, United States Code, and shall thereafter be adjusted in accordance with 5 U.S.C. 5307.”

Appropriations

Appropriations for maintenance have been carried under the heading “House Office Buildings” in Legislature Branch Appropriation Acts since 1933.

Cross References

Remodeling caucus rooms and restaurant, see note under section 166 of this title.

Section Referred to in Other Sections

This section is referred to in sections 183, 185 of this title.

§176. Speaker as member of House Office Building commission

The Speaker shall continue a member of the commission in control of said building until his successor as Speaker is elected or his term as a Representative in Congress shall have expired.

(Mar. 4, 1911, ch. 240, 36 Stat. 1306.)

Codification

Section is based on act Mar. 4, 1911, popularly known as the “Deficiency Appropriation Act, fiscal year 1911”.

§177. Assignment of rooms in House Office Building

The assignment of rooms in the House Office Building, made prior to May 28, 1908, by resolution or order of the House of Representatives, shall continue in force until modified or changed in accordance with the provisions of sections 177 to 184 of this title, and the room so assigned to any Representative shall continue to be held by such Representative as his individual office room so long as he shall remain a Member or Member-elect of the House of Representatives, or until he shall relinquish the same, subject, however, to the provisions of said sections, and no Representative shall allow his office room to be used for any other purpose.

(May 28, 1908, No. 30, 35 Stat. 578.)

Cross References

Assignment of space for joint committee meetings, conference committees, etc., see section 174d–1 of this title.

Control of assignment of rooms by House of Representatives, see section 183 of this title.

Section Referred to in Other Sections

This section is referred to in sections 182, 183 of this title.

§178. Vacant rooms; assignment to Representatives

Any Member or Member-elect of the House of Representatives may file with the Architect of the Capitol a request in writing that any individual office room be assigned to him whenever it shall become vacant. If only one such request has been made for any room which shall at any time have become vacant, the room shall be assigned as requested. If two or more requests are made for the same vacant room, preference shall be given to the Representative making the request who has been longest in continuous service as a Member and Member-elect of the House of Representatives. If two or more Representatives with equal length of continuous service, or two or more Representatives-elect make request for the same room, preference shall be given to the one first preferring his request.

(May 28, 1908, No. 30, 35 Stat. 578; Mar. 3, 1921, ch. 124, 41 Stat. 1291.)

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Section Referred to in Other Sections

This section is referred to in sections 177, 182, 183 of this title.

§179. Vacant rooms; withdrawal by Representatives of request for assignment; relinquishment of rooms previously assigned

A Representative or Representative-elect making request for the assignment of a vacant room may withdraw the same at any time and no one shall have pending at the same time more than one such request. The assignment of a new room to a Representative, upon his request, or the appointment of any Representative having an individual office room as chairman of a committee having a committee room, shall act as a relinquishment by him of the room previously assigned to him.

(May 28, 1908, No. 30, 35 Stat. 578.)

Section Referred to in Other Sections

This section is referred to in sections 177, 182, 183 of this title.

§180. Exchange of rooms

Representatives having rooms assigned to them in the foregoing manner may exchange rooms one with another, but such exchange shall be valid only so long as both Members making the exchange shall remain continuously Members or Members-elect of the House of Representatives.

(May 28, 1908, No. 30, 35 Stat. 578.)

Section Referred to in Other Sections

This section is referred to in sections 177, 182, 183 of this title.

§181. Record of assignment of rooms, etc.

The Architect of Capitol shall keep a record of the assignment of rooms made, exchanges which may be made, requests for vacant rooms which may be filed, and the assignment thereof, which record shall be open for the inspection of Representatives or Representatives-elect of the House.

(May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.)

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Section Referred to in Other Sections

This section is referred to in sections 177, 182, 183 of this title.

§182. Assignment of rooms to Commissioner from Puerto Rico

In the matter of the assignment of rooms under sections 177 to 184 of this title, Delegates in Congress and the Commissioner from Puerto Rico shall be treated the same as Representatives.

(May 28, 1908, No. 30, 35 Stat. 579; May 17, 1932, ch. 190, 47 Stat. 158; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.)

Codification

Words “and the Philippine Islands” after “Puerto Rico” were omitted pursuant to 1946 Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, which granted independence to the Philippine Islands on July 4, 1946, under the authority of act Mar. 24, 1934, ch. 84, §10, 48 Stat. 463, as amended, which is classified to section 1394 of Title 22, Foreign Relations and Intercourse.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of Title 48, Territories and Insular Possessions.

Commissioner From Puerto Rico as Resident Commissioner

Section 2106 of Title 5, Government Organization and Employees, provides that the term “Members of Congress” shall include the “Resident Commissioner from Puerto Rico.”

Section Referred to in Other Sections

This section is referred to in sections 177, 183 of this title.

§183. Assignment, etc., of rooms; control of by House

The assignment and reassignment of the rooms and other space in the House Office Building shall be subject to the control of the House of Representatives by rule, resolution, order, or otherwise. Nothing in sections 177 to 184 of this title shall be construed to affect or repeal the provisions of section 175 of this title, placing said House Office Building under the control of the Architect of the Capitol, subject to the approval and direction of the commission provided therein.

(May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.)

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Section Referred to in Other Sections

This section is referred to in sections 177, 182 of this title.

§184. Assignment of unoccupied space

Unoccupied space in said building shall be assigned by the Architect of the Capitol under the direction of the commission and subject to the control of the House of Representatives.

(May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.)

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Section Referred to in Other Sections

This section is referred to in sections 177, 182, 183 of this title.

§184a. John W. McCormack Residential Page School

(a) Construction authorization for dormitory and classroom facilities complex

There is hereby authorized to be constructed, on a site jointly approved by the Senate Office Building Commission and the House Office Building Commission, in accordance with plans which shall be prepared by or under the direction of the Architect of the Capitol and which shall be submitted to and jointly approved by the Senate Office Building Commission and the House Office Building Commission, a fireproof building containing dormitory and classroom facilities, including necessary furnishings and equipment, for pages of the Senate, the House of Representatives, and the Supreme Court of the United States.

(b) Acquisition of property in District of Columbia

The Architect of the Capitol, under the joint direction and supervision of the Senate Office Building Commission and the House Office Building Commission, is authorized to acquire on behalf of the United States, by purchase, condemnation, transfer, or otherwise, such publicly or privately owned real property in the District of Columbia (including all alleys, and parts of alleys, and streets within the curblines surrounding such real property) located in the vicinity of the United States Capitol Grounds, as may be approved jointly by the Senate Office Building Commission and the House Office Building Commission, for the purpose of constructing on such real property, in accordance with this section, a suitable dormitory and classroom facilities complex for pages of the Senate, the House of Representatives, and the Supreme Court of the United States.

(c) Condemnation proceedings

Any proceeding for condemnation instituted under subsection (b) of this section shall be conducted in accordance with subchapter IV of chapter 13 of title 16 of the District of Columbia Code.

(d) Transfer of United States owned property

Notwithstanding any other provision of law, any real property owned by the United States, and any alleys, or parts of alleys and streets, contained within the curblines surrounding the real property acquired on behalf of the United States under this section shall be transferred, upon the request of the Architect of the Capitol made with the joint approval of the Senate Office Building Commission and the House Office Building Commission, to the jurisdiction and control of the Architect of the Capitol.

(e) Alley and street closures by Mayor of the District of Columbia

Notwithstanding any other provision of law, any alleys, or parts of alleys and streets, contained within the curblines surrounding the real property acquired on behalf of the United States under this section shall be closed and vacated by the Mayor of the District of Columbia in accordance with any request therefor made by the Architect of the Capitol with the joint approval of the Senate Office Building Commission and the House Office Building Commission.

(f) United States Capitol Grounds provisions applicable

Upon the acquisition on behalf of the United States of all real property under this section, such property shall be a part of the United States Capitol Grounds and shall be subject to the provisions of sections 193a to 193m, 212a, 212a–2, and 212b of this title.

(g) Designation; employment of services under supervision and control of Architect of Capitol: joint approval and direction of Speaker and President pro tempore; annual estimates to Congress; regulations governing Architect of Capitol

The building constructed on the real property acquired under this section shall be designated the “John W. McCormack Residential Page School”. The employment of all services (other than that of the United States Capitol Police) necessary for its protection, care, maintenance, and use, for which appropriations are made by Congress, shall be under the control and supervision of the Architect of the Capitol. Such supervision and control shall be subject to the joint approval and direction of the Speaker and the President pro tempore. The Architect shall submit annually to the Congress estimates in detail for all services, other than those of the United States Capitol Police or those provided in connection with the conduct of school operations and the personal supervision of pages, and for all other expenses in connection with the protection, care, maintenance, and use of the John W. McCormack Residential Page School. The Speaker and the President pro tempore shall prescribe, from time to time, regulations governing the Architect in the provision of services and the protection, care, and maintenance, of the John W. McCormack Residential Page School.

(h) Joint appointee for supervision and control over page activities; regulations; Residence Superintendent of Pages: appointment, compensation, and duties; additional personnel: appointment and compensation

The Speaker of the House of Representatives and the President pro tempore of the Senate jointly shall designate an officer of the House and an officer of the Senate, other than a Member of the House or Senate, who shall jointly exercise supervision and control over the activities of the pages resident in the John W. McCormack Residential Page School. With the approval of the Speaker and the President pro tempore, such officers so designated shall prescribe regulations governing—

(1) the actual use and occupancy of the John W. McCormack Residential Page School including, if necessary, the imposition of a curfew for pages;

(2) the conduct of pages generally; and

(3) other matters pertaining to the supervision, direction, safety, and well-being of pages in off-duty hours.


Such officers, subject to the approval of the Speaker and the President pro tempore, jointly shall appoint and fix the per annum gross rate of pay of a Residence Superintendent of Pages, who shall perform such duties with respect to the supervision of pages resident therein as those officials shall prescribe. In addition, such officers, subject to the approval of the Speaker and the President pro tempore, jointly shall appoint and fix the per annum gross rates of pay of such additional personnel as may be necessary to assist those officers and the Residence Superintendent of Pages in carrying out their functions under this section.

(i) Sections 88a and 88b of title 2 unaffected

Nothing in section 88b–1 of title 2 and this section shall affect the operation of section 88a of title 2 or section 88b of title 2, relating to educational facilities of pages and other minors who are congressional employees.

(Pub. L. 91–510, title IV, §492, Oct. 26, 1970, 84 Stat. 1199; Pub. L. 93–198, title IV, §421, Dec. 24, 1973, 87 Stat. 789.)

References in Text

Section 88b–1 of title 2 and this section, referred to in subsec. (i), were in the original “this part”, meaning part 9 of title IV of Pub. L. 91–510, Oct. 26, 1970, 84 Stat. 1199, which enacted section 88b–1 of Title 2, The Congress, and this section, repealed section 88c of Title 2, and enacted a provision set out as a note under section 88b–1 of Title 2.

Effective Date

Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress.

Transfer of Functions

Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in subsec. (e) for “commissioners”.

Acquisition of Property as Site for John W. McCormack Residential Page School

Pub. L. 92–607, ch. V, §508, Oct. 31, 1972, 86 Stat. 1512, authorized Architect of the Capitol to acquire certain specified real estate for use as a green park area pending its development for permanent use as site of John W. McCormack Residential Page School.

§§184b to 184f. Repealed. Pub. L. 102–90, title III, §312(f), Aug. 14, 1991, 105 Stat. 469

Section 184b, Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287, as amended Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101–163, title III, §313(a), Nov. 21, 1989, 103 Stat. 1065, authorized assignment of space for House of Representatives Child Care Center. See section 184g of this title.

Section 184c, Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287, as amended Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425, related to status, board of directors, and reporting requirements of House of Representatives Child Care Center. See section 184g of this title.

Section 184d, Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287, as amended Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425, related to duties of corporation administering House of Representatives Child Care Center. See section 184g of this title.

Section 184e, Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287, as amended Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101–163, title III, §313(b), Nov. 21, 1989, 103 Stat. 1065, related to initial funding and self-sufficiency of House of Representatives Child Care Center. See section 184g of this title.

Section 184f, Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287, as amended Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101–163, title III, §313(c), Nov. 21, 1989, 103 Stat. 1066, defined terms used in former sections 184b to 184f.

For provisions similar to former sections 184b to 184f, see section 184g of this title.

Sections 184b to 184f were based on sections 1 to 5, respectively, of House Resolution No. 21, Ninety-ninth Congress, Dec. 11, 1985, which was enacted into permanent law by section 103 of H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99–500 and Pub. L. 99–591, as amended by Pub. L. 100–71, to be effective as if enacted into law.

§184g. House of Representatives Child Care Center

(a) Maintenance and operation; admission of children

(1) The Clerk of the House of Representatives shall maintain and operate a child care center (to be known as the “House of Representatives Child Care Center”) to furnish pre-school child care—

(A) for children of individuals whose pay is disbursed by the Clerk of the House of Representatives or the Sergeant at Arms of the House of Representatives and children of support personnel of the House of Representatives; and

(B) if places are available after admission of all children who are eligible under subparagraph (A), for children of individuals whose pay is disbursed by the Secretary of the Senate and children of employees of agencies of the legislative branch.


(2) Children shall be admitted to the center on a nondiscriminatory basis and without regard to any office or position held by their parents.

(b) Advisory board; membership, functions, etc.

(1)(A) The Speaker of the House of Representatives shall appoint 15 individuals (of whom 7 shall be upon recommendation of the Minority Leader of the House of Representatives), to serve without pay, as members of an advisory board for the center. The board shall—

(i) provide advice to the Clerk on matters of policy relating to the administration and operation of the center (including the selection of the director of the center);

(ii) be chosen from among Members of the House of Representatives, spouses of Members, parents of children enrolled in the center, and other individuals with expertise in child care or interest in the center; and

(iii) serve during the Congress in which they are appointed, except that a member of the board may continue to serve after the expiration of a term until a successor is appointed.


(B) The director of the center shall serve as an additional member of the board, ex officio and without the right to vote.

(2) A vacancy on the board shall be filled in the manner in which the original appointment is made.

(3) The chairman of the board shall be elected by the members of the board.

(c) Duties of Clerk of House of Representatives

In carrying out subsection (a) of this section, the Clerk is authorized—

(1) to collect fees for child care services;

(2) to accept such gifts of money and property as may be approved by the Chairman and the ranking minority party member of the Committee on House Administration of the House of Representatives, acting jointly; and

(3) to employ a director and other employees for the center.

(d) Salaries and expenses; funding limits

(1) There is established in the contingent fund of the House of Representatives an account which, subject to appropriation, and except as provided in paragraph (2), shall be the exclusive source for all salaries and expenses for activities carried out under this section. The Clerk shall deposit in the account any amounts received under subsection (c) of this section.

(2) with 1 respect to employees of the center, the House of Representatives shall make Government contributions and payments for health insurance, retirement, employment taxes, and similar benefits and programs in the same manner as such contributions and payments are made for other employees of the House of Representatives.

(e) Definitions

As used in this section—

(1) the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress;

(2) the term “agency of the legislative branch” means the Office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal; and

(3) the term “support personnel” means, with respect to the House of Representatives, any employee of a credit union or of the Architect of the Capitol, whose principal duties are to support the functions of the House of Representatives.

(Pub. L. 102–90, title III, §312, Aug. 14, 1991, 105 Stat. 467; Pub. L. 102–392, title III, §319(a), Oct. 6, 1992, 106 Stat. 1725.)

References in Text

This Act, referred to in subsec. (d)(2), is Pub. L. 102–90, Aug. 14, 1991, 105 Stat. 447, known as the Legislative Branch Appropriations Act, 1992. For complete classification of this Act to the Code, see Tables.

Codification

Section is comprised of section 312 of Pub. L. 102–90. Subsec. (f) of section 312 of Pub. L. 102–90 repealed sections 184b to 184f of this title.

Amendments

1992—Subsec. (d)(2). Pub. L. 102–392 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “During fiscal year 1992, of the funds provided in this Act for the ‘HOUSE OF REPRESENTATIVES’ under ‘Salaries and Expenses’, not more than $45,000 may be expended to carry out this section, subject to approval of the Committee on Appropriations of the House of Representatives. Any amount under this paragraph shall be in addition to any amount made available under paragraph (1).”

Change of Name

Committee on House Administration of House of Representatives changed to Committee on House Oversight of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Effective Date of 1992 Amendment

Section 319(b) of Pub. L. 102–392 provided that: “The amendment made by subsection (a) [amending this section] shall apply to fiscal years beginning after September 30, 1992.”

Transfer of Functions

Child Care Center and certain functions of Clerk and Sergeant at Arms of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Retirement Credit for Certain Prior Service With House Child Care Center

Pub. L. 103–69, title III, §309, Aug. 11, 1993, 107 Stat. 711, provided that:

“(a) Definitions.—For the purpose of this section—

“(1) the term ‘House Child Care Center’ means the House of Representatives Child Care Center; and

“(2) the term ‘Congressional employee’ has the meaning given such term—

“(A) in subchapter III of chapter 83 of title 5, United States Code, to the extent that this section relates to the Civil Service Retirement System; or

“(B) in chapter 84 of title 5, United States Code, to the extent that this section relates to the Federal Employees’ Retirement System.

“(b) CSRS.—(1) Subject to paragraph (2), any individual who is an employee of the House Child Care Center on the date of enactment of this Act [Aug. 11, 1993] shall be allowed credit under subchapter III of chapter 83 of title 5, United States Code, as a Congressional employee, for any service if—

“(A) such service was performed before October 1, 1991, as an employee of the House Child Care Center (as constituted before that date); and

“(B) the employee is subject to subchapter III of chapter 83 of such title as of the date of enactment of this Act.

“(2) Credit for service described in paragraph (1)(A) shall not be allowed under this section unless there is paid into the Civil Service Retirement and Disability Fund, by or on behalf of the employee involved, an amount equal to the deductions from pay which would have been applicable under section 8334(c) of title 5, United States Code, for the period of service involved, if such employee were then a Congressional employee, including interest. Retirement credit may not be allowed under this section for any such service unless the full amount of the deposit required under the preceding sentence has been paid.

“(c) FERS.—(1) Subject to paragraph (2), any individual who is an employee of the House Child Care Center on the date of enactment of this Act [Aug. 11, 1993] shall be allowed credit under chapter 84 of title 5, United States Code, as a Congressional employee, for any service if—

“(A) such service was performed before October 1, 1991, as an employee of the House Child Care Center (as constituted before that date); and

“(B) the employee is subject to chapter 84 of such title as of the date of enactment of this Act.

“(2) Credit for service described in paragraph (1)(A) shall not be allowed under this section unless there is paid into the Civil Service Retirement and Disability Fund, by or on behalf of the employee involved, an amount equal to the deductions from pay which would have been payable under applicable provisions of law, for the period of service involved, if such employee were then a Congressional employee, including interest (computed in the same way as interest under subsection (b)(2)). Retirement credit may not be allowed under this section for any such service unless the full amount of the deposit required under the preceding sentence has been paid.

“(d) Clarification.—Nothing in this section shall be considered to relate to the Thrift Savings Plan.

“(e) OPM Functions.—The Office of Personnel Management shall—

“(1) prescribe any regulations which may be necessary to carry out this section; and

“(2) with respect to any service for which credit is sought under this section, accept the certification of the Clerk of the House of Representatives concerning the period of such service and the amount of pay which was paid for such service.”

Availability of Amounts Deposited in Account for Salaries and Expenses

Section 307 of Pub. L. 102–392 provided that: “The amounts deposited in the account established by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (40 U.S.C. 184g(d)(1)) shall be available for salaries and expenses of the House of Representatives Child Care Center without fiscal year limitation, subject to the approval of the Committee on Appropriations of the House of Representatives.”

Cross References

Play area on Capitol grounds for children attending day care center, see section 214b of this title.

Senate Employee Child Care Center, see section 214c of this title.

1 So in original. Probably should be capitalized.

§185. Capitol power plant

The heating, lighting, and power plant constructed under the terms of the Act approved April 28, 1904, shall be known as the “Capitol power plant”; and all vacancies occurring in the force operating said plant and the substations in connection therewith shall be filled by the Architect of the Capitol with the approval of the commission in control of the House Office Building appointed under section 175 of this title.

(Mar. 4, 1911, ch. 285, 36 Stat. 1414; Mar. 3, 1921, ch. 124, 41 Stat. 1291.)

References in Text

Act approved April 28, 1904, referred to in text, is act Apr. 28, 1904, ch. 1762, §1 (part), 33 Stat. 452 (479), which provided an appropriation for the construction of a heating, lighting and power plant in connection with the office building for the House of Representatives to furnish the necessary heat, light, and power for the office building for the House of Representatives, the Capitol building, the Congressional Library building, and for such other public buildings erected after Apr. 28, 1904, on grounds adjacent to the Capitol grounds at the east of the Capitol building and facing the same.

Codification

Section is based on act Mar. 4, 1911, popularly known as the “Sundry Civil Appropriation Act, fiscal year 1912”. It followed an appropriation for the Capitol power plant.

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

General Services Administration Coal Yard

Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2170, provided: “That appropriations under this head shall hereafter be available for maintenance, alterations, personal and other services, and for all other necessary expenses of the Government owned property, buildings and facilities located in Lot 803, Square 695, formerly known as the General Services Administration Coal Yard at 42 I Street, S.E., in the District of Columbia.”

§185a. Senate Garage; control, supervision, servicing of official motor vehicles

(a) The employees of the Senate garage engaged by the Architect of the Capitol for the primary purpose of servicing official motor vehicles, together with the functions performed by such employees, shall, on October 1, 1980, be transferred to the jurisdiction of the Sergeant at Arms and Doorkeeper of the Senate: Provided further, That, effective July 1, 1965, the underground space in the north extension of the Capitol Grounds, known as the Legislative Garage shall hereafter be known as the Senate Garage and shall be under the jurisdiction and control of the Architect of the Capitol, subject to such regulations respecting the use thereof as may be promulgated by the Senate Committee on Rules and Administration: Provided further, That, such regulations shall provide for the continued assignment of space and the continued furnishing of service in such garage for official motor vehicles of the House and the Senate and the Architect of the Capitol and Capitol Grounds maintenance equipment.

(b) As used in subsection (a) of this section, the term “servicing” includes, with respect to an official motor vehicle, the washing and fueling of such vehicle, the checking of its tires and battery, and checking and adding oil.

(June 30, 1932, ch. 314, 47 Stat. 391; Aug. 20, 1964, Pub. L. 88–454, 78 Stat. 545; Oct. 13, 1980, Pub. L. 96–444, §1(a)(1), (b), 94 Stat. 1889.)

Amendments

1980—Subsec. (a). Pub. L. 96–444, §1(a)(1), designated existing provision as subsec. (a) and substituted provision transferring, on October 1, 1980, employees of the Senate garage engaged by the Architect of the Capitol for the primary purpose of servicing official motor vehicles, together with the functions performed by such employees, to the jurisdiction of the Sergeant at Arms and Doorkeeper of the Senate for provision transferring, on July 1, 1932, employees engaged in the care and maintenance of the Senate garage to the jurisdiction of the Architect of the Capitol, without any reduction in compensation to these employees as the result of such transfer.

Subsec. (b). Pub. L. 96–444, §1(b), added subsec. (b).

1964—Pub. L. 88–454 redesignated the Legislative Garage as the Senate Garage, transferred the authority to promulgate rules from the Vice President and the Speaker of the House to the Senate Committee on Rules and Administration, and directed that the regulations provide for the continued assignment of space and the continued furnishing of service for official motor vehicles of the House and the Senate and the Architect of the Capitol and Capitol Grounds maintenance equipment.

Availability of Appropriations for Expenses of Senate Garage

Title I of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in Pub. L. 97–276, §101(e), Oct. 2, 1982, 96 Stat. 1189, to be effective as if enacted into law, provided in part: “That appropriations under this head [senate office buildings] shall hereafter be available for maintenance, alternations [alterations], personal and other services, and for all other necessary expenses of the Senate Garage as authorized by the paragraph beginning ‘Capitol Garages’ under the general heading ‘ARCHITECT OF THE CAPITOL’ in the first section of the Act entitled ‘An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes’, approved June 30, 1933 (40 U.S.C. 185a) and Public Law 96–444 [amending this section and enacting provisions set out as notes under this section].”

Unused Sick Leave and Unused Annual Leave of Transferred Employees; Annuity Computation and Lump Sum Payment

Section 1(a)(2), (3) of Pub. L. 96–444 provided that:

“(2) For purposes of section 8339(m) of title 5, United States Code, the days of unused sick leave to the credit of any such employee as of the date such employee is transferred under paragraph (1) [amending subsec. (a) of this section], shall be included in the total service of such employee in connection with the computation of any annuity under subsections (a)–(e) and (o) of such section.

“(3) In the case of days of annual leave to the credit of any such employee as of the date such employee is transferred under paragraph (1) [amending subsec. (a) of this section], the Architect of the Capitol is authorized to make a lump sum payment to each such employee for that annual leave. No such payment shall be considered a payment or compensation within the meaning of any law relating to dual compensation.”

Appointment of Garage Attendants; Compensation; Longevity Compensation

Section 2 of Pub. L. 96–444 provided that:

“(a) Effective October 1, 1980, the Sergeant at Arms and Doorkeeper of the Senate is authorized to appoint and fix the compensation of four garage attendants at not to exceed $14,100 per annum each.

“(b) If, and to the extent that, positions established by subsection (a) are first filled by individuals transferred under subsection (a)(1) of the first section [amending subsec. (a) of this section], the Sergeant at Arms and Doorkeeper of the Senate is authorized to fix, in lieu of the compensation prescribed in subsection (a), the compensation—

“(1) of not more than two of such positions so filled at not to exceed $16,560 per annum each;

“(2) of one of such positions so filled at not to exceed $15,485 per annum; and

“(3) of one of such positions so filled at not to exceed $14,390 per annum.

Compensation fixed under this subsection for a position first filled by an individual transferred under subsection (a)(1) of the first section shall cease to be applicable with respect to such position on the date that such individual first ceases to occupy such position.

“(c) During any period with respect to which subsection (b) is applicable to a position occupied by an individual described in such subsection, such individual shall be credited, for purposes of longevity compensation, as authorized by section 106(a), (b), and (d) of the Legislative Branch Appropriation Act, 1963 (2 U.S.C. 60j), for service performed by such individual in the position of garage attendant, as an employee of the Architect of the Capitol, as certified to the Secretary of the Senate by the Architect of the Capitol.”

Applicability of Other Laws

Section as unaffected by sections 193a to 193l, 212a, 212a–2, and 212b of this title, see note set out under section 193a of this title.

§186. Transfer of material and equipment to Architect

The Secretary of the Army is authorized to transfer, without payment, to the Architect of the Capitol, such material and equipment, not required by the Department of the Army, as the Architect may request for use at the Capitol power plant, the Capitol Building, and the Senate and House Office Buildings.

(June 5, 1920, ch. 253, 41 Stat. 1035; Mar. 3, 1921, ch. 124, 41 Stat. 1291; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Codification

Section is based on act June 5, 1920, popularly known as the “Third Deficiency Appropriation Act June 5, 1920, fiscal year 1920”.

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Transfer of Functions

For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force from Secretary of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(65)], July 22, 1949.

§187. National Statuary Hall

Suitable structures and railings shall be erected in the old hall of Representatives for the reception and protection of statuary, and the same shall be under the supervision and direction of the Architect of the Capitol. And the President is authorized to invite all the States to provide and furnish statues, in marble or bronze, not exceeding two in number for each State, of deceased persons who have been citizens thereof, and illustrious for their historic renown or for distinguished civic or military services, such as each State may deem to be worthy of this national commemoration; and when so furnished, the same shall be placed in the old hall of the House of Representatives, in the Capitol of the United States, which is set apart, or so much thereof as may be necessary, as a national statuary hall for the purpose herein indicated.

(R.S. §1814; Aug. 15, 1876, ch. 287, 19 Stat. 147.)

Codification

R.S. §1814 derived from act July 2, 1864, ch. 210, §2, 13 Stat. 347.

Section 2 of act July 2, 1864, gave the supervision and direction of the National Statuary Hall to the Commissioner of Public Buildings.

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Location of Statues

House Concurrent Resolution 47, passed Feb. 24, 1933, 47 Stat. Part 2, 1784, provided: “That the Architect of the Capitol, upon the approval of the Joint Committee on the Library, with the advice of the Commission of Fine Arts, is hereby authorized and directed to relocate within the Capitol any of the statues already received and placed in Statuary Hall, and to provide for the reception and location of the statues received hereafter from the States.”

§188. Works of fine arts

The Joint Committee on the Library, whenever, in their judgment, it is expedient, are authorized to accept any work of the fine arts, on behalf of Congress, which may be offered, and to assign the same such place in the Capitol as they may deem suitable, and shall have the supervision of all works of art that may be placed in the Capitol.

(R.S. §1831.)

Codification

R.S. §1831 derived from act June 10, 1872, ch. 415, §1, 17 Stat. 362.

Cross References

Art exhibits, not property of United States, prohibited, see section 189 of this title.

Commission of Fine Arts, see section 104 of this title.

§188a. United States Capitol Preservation Commission

(a) Establishment and purposes

There is established in the Congress the United States Capitol Preservation Commission (hereinafter in sections 188a to 188a–5 of this title referred to as the “Commission”) for the purposes of—

(1) providing for improvements in, preservation of, and acquisitions for, the United States Capitol;

(2) providing for works of fine art and other property for display in the United States Capitol and at other locations under the control of the Congress; and

(3) conducting other activities that directly facilitate, encourage, or otherwise support any purposes specified in paragraph (1) or (2).

(b) Membership

The Commission shall be composed of the following Members of Congress:

(1) The President pro tempore of the Senate and the Speaker of the House of Representatives, who shall be co-chairmen.

(2) The Chairman and Vice-Chairman of the Joint Committee on the Library.

(3) The Chairman and the ranking minority party member of the Committee on Rules and Administration of the Senate, and the Chairman and the ranking minority party member of the Committee on House Administration of the House of Representatives.

(4) The majority leader and the minority leader of the Senate.

(5) The majority leader and the minority leader of the House of Representatives.

(6) The Chairman of the Commission on the Bicentennial of the United States Senate and the Chairman of the Commission of the House of Representatives Bicentenary, to be succeeded upon expiration of such commissions, by a Senator or Member of the House of Representatives, as appropriate, appointed by the Senate or House of Representatives co-chairman of the Commission, respectively.

(7) One Senator appointed by the President pro tempore of the Senate and one Senator appointed by the minority leader of the Senate.

(8) One Member of the House of Representatives appointed by the Speaker of the House of Representatives and one Member of the House of Representatives appointed by the minority leader of the House of Representatives.

(c) Designees

Each member of the Commission specified under subsection (b) of this section (other than a member under paragraph (7) or (8) of such subsection) may designate a Senator or Member of the House of Representatives, as the case may be, to serve as a member of the Commission in place of the member so specified.

(d) Architect of the Capitol

In addition to the members under subsection (b) of this section, the Architect of the Capitol shall participate in the activities of the Commission, ex officio, and without the right to vote.

(e) Staff support and assistance

The Senate Commission on Art, the House of Representatives Fine Arts Board, and the Architect of the Capitol shall provide to the Commission such staff support and assistance as the Commission may request.

(Pub. L. 100–696, title VIII, §801, Nov. 18, 1988, 102 Stat. 4608.)

Change of Name

Committee on House Administration of House of Representatives changed to Committee on House Oversight of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Section Referred to in Other Sections

This section is referred to in sections 188a–1, 188a–2, 188a–5 of this title.

§188a–1. Authority of Commission to accept gifts and conduct other transactions relating to works of fine art and other property

(a) In general

In carrying out the purposes referred to in section 188a(a) of this title the Commission is authorized—

(1) to accept gifts of works of fine art, gifts of other property, and gifts of money; and

(2) to acquire property, administer property, dispose of property, and conduct other transactions related to such purposes.

(b) Transfer and disposition of works of fine art and other property

The Commission shall, with respect to works of fine art and other property received by the Commission—

(1) in consultation with the Joint Committee on the Library, the Senate Commission on Art, or the House of Representatives Fine Arts Board, as the case may be, transfer such property to the entity consulted;

(2) if a transfer described in paragraph (1) is not appropriate, dispose of the work of fine art by sale or other transaction; and

(3) in the case of property that is not directly related to the purposes referred to in section 188a(a) of this title, dispose of such property by sale or other transaction.

(c) Requirements for conduct of transactions

In conducting transactions under this section, the Commission shall—

(1) accept money only in the form of a check or similar instrument made payable to the Treasury of the United States and shall deposit any such check or instrument in accordance with section 188a–2 of this title;

(2) in making sales and engaging in other property transactions, take into consideration market conditions and other relevant factors; and

(3) assure that each transaction is directly related to the purposes referred to in section 188a(a) of this title.

(Pub. L. 100–696, title VIII, §802, Nov. 18, 1988, 102 Stat. 4609; Pub. L. 101–302, title III, §312(a), May 25, 1990, 104 Stat. 245.)

Amendments

1990—Subsec. (b)(1). Pub. L. 101–302 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “upon agreement with the Joint Committee on the Library, the Senate Commission on Art, or the House of Representatives Fine Arts Board, as the case may be, transfer such property to the entity with which the agreement is made;”.

Section Referred to in Other Sections

This section is referred to in sections 188a, 188a–2, 188a–5, 188c–1 of this title.

§188a–2. Capitol Preservation Fund

(a) In general

There is established in the Treasury a fund, to be known as the “Capitol Preservation Fund” (hereafter in sections 188a to 188a–5 of this title referred to as the “fund”), which shall consist of (1) amounts deposited, and interest and proceeds credited, under subsection (d) of this section, (2) obligations obtained under subsection (e) of this section, and (3) all surcharges received by the Secretary of the Treasury from the sale of coins minted under the Bicentennial of the United States Congress Commemorative Coin Act.

(b) Availability of fund

The fund shall be available to the Commission—

(1) for payment of transaction costs and similar expenses incurred under section 188a–1 of this title;

(2) subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, for improvement and preservation projects for the United States Capitol;

(3) for disbursement with respect to works of fine art and other property as provided in section 188a–1 of this title; and

(4) for such other payments as may be required to carry out section 188a of this title or section 188a–1 of this title.

(c) Transaction costs and proportionality

In carrying out this section, the Commission shall, to the extent practicable, take such action as may be necessary—

(1) to minimize disbursements under subsection (b)(1) of this section; and

(2) to equalize disbursements under subsection (b) of this section between the Senate and the House of Representatives.

(d) Deposits, credits, and disbursements

The Commission shall deposit in the fund gifts of money and proceeds of transactions under section 188a–1 of this title. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. Disbursements from the fund shall be made on vouchers approved by the Commission and signed by the co-chairmen.

(e) Investments

The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Commission, is not required to meet current withdrawals. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Commission has a maturity suitable for the fund. In carrying out this subsection, the Secretary may make such purchases, sales, and redemptions of obligations as may be approved by the Commission.

(Pub. L. 100–696, title VIII, §803, Nov. 18, 1988, 102 Stat. 4609; Pub. L. 101–302, title III, §312(b), May 25, 1990, 104 Stat. 245.)

References in Text

The Bicentennial of the United States Congress Commemorative Coin Act, referred to in subsec. (a), is Pub. L. 100–673, Nov. 17, 1988, 102 Stat. 3992, which is set out as a note under section 5112 of Title 31, Money and Finance.

Amendments

1990—Subsec. (b). Pub. L. 101–302, §312(b)(1), struck out “subject to the approval, except for the purchase of fine art and antiques, of the Committees on Appropriations of the House of Representatives and Senate, respectively” after “The fund shall be available to the Commission”.

Subsec. (b)(2). Pub. L. 101–302, §312(b)(2), inserted “subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate,” before “For improvement”.

Section Referred to in Other Sections

This section is referred to in sections 188a, 188a–1, 188a–5 of this title.

§188a–3. Audits by the Comptroller General

The Comptroller General shall conduct annual audits of the transactions of the Commission and shall report the results of each audit to the Congress.

(Pub. L. 100–696, title VIII, §804, Nov. 18, 1988, 102 Stat. 4610.)

Section Referred to in Other Sections

This section is referred to in sections 188a, 188a–2, 188a–5 of this title.

§188a–4. Advisory boards

The Commission may establish appropriate boards to provide advice and assistance to the Commission and to further the purposes of the Commission. The boards shall be composed of members (including chairmen) who shall be appointed by the Commission from public and private life and shall serve at the pleasure of the Commission and each co-chairman of the Commission may appoint one member to any such board. The members of boards under this section may be reimbursed for actual and necessary expenses incurred in the performance of the duties of the boards, at the discretion of the Commission.

(Pub. L. 100–696, title VIII, §805, Nov. 18, 1988, 102 Stat. 4610.)

Section Referred to in Other Sections

This section is referred to in sections 188a, 188a–2, 188a–5 of this title.

§188a–5. “Member of the House of Representatives” defined

As used in sections 188a to 188a–5 of this title, the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress.

(Pub. L. 100–696, title VIII, §806, Nov. 18, 1988, 102 Stat. 4610.)

Section Referred to in Other Sections

This section is referred to in sections 188a, 188a–2 of this title.

§188b. Senate Commission on Art

(a) Establishment

There is hereby established a Senate Commission on Art (hereinafter referred to as “the Commission”) consisting of the President pro tempore of the Senate, the chairman and ranking minority member of the Committee on Rules and Administration of the Senate, and the majority and minority leaders of the Senate.

(b) Chairman and Vice Chairman; quorum; Executive Secretary

The Commission shall elect a Chairman and a Vice Chairman at the beginning of each Congress. Three members of the Commission shall constitute a quorum for the transaction of business, except that the Commission may fix a lesser number which shall constitute a quorum for the taking of testimony. The Secretary of the Senate shall be the Executive Secretary of the Commission 1

(c) Selection of Curator of Art and Antiquities of the Senate; availability of professional and clerical assistance

The Commission shall select a Curator of Art and Antiquities of the Senate who shall be appointed by and be an employee of the Secretary of the Senate. The Curator shall serve at the pleasure of the Commission, shall perform such duties as it may prescribe, and shall receive compensation at a gross rate, not to exceed $22,089 per annum to be fixed by the Commission. At the request of the Commission the Secretary of the Senate shall detail to the Commission such additional professional, clerical, and other assistants as, from time to time, it deems necessary.

(d) Hearings and meetings

The Commission shall be empowered to hold hearings, summon witnesses, administer oaths, employ reporters, request the production of papers and records, take such testimony, and adopt such rules for the conduct of its hearings and meetings, as it deems necessary.

(Pub. L. 100–696, title IX, §901(a), (b)(1), (3), Nov. 18, 1988, 102 Stat. 4610, 4611.)

Codification

Section is based on section 1 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law and amended by Pub. L. 100–696.

Amendments

1988—Subsec. (a). Pub. L. 100–696, §901(b)(3), substituted “Senate Commission on Art” for “Commission on Art and Antiquities of the United States Senate”.

Subsec. (b). Pub. L. 100–696, §901(b)(1), inserted “The Secretary of the Senate shall be the Executive Secretary of the Commission”.

Senate Rulemaking Power

Section 901(d) of Pub. L. 100–696 provided that: “The provisions of this section [enacting sections 188b to 188b–5 of this title and amending sections 188b, 188b–1, and 188b–5 of this title] are enacted by the Congress—

“(1) as an exercise of the rulemaking power of the Senate, and as such they shall be considered as part of the rules of the Senate, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

“(2) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.”

Increases in Compensation

Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of the President pro tempore of the Senate, set out as notes under section 60a–1 of Title 2, The Congress.

Cross References

Authority of Secretary of Senate to fix compensation of certain positions, see section 61a–11 of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in section 188b–5 of this title.

1 So in original. Probably should be followed by a period.

§188b–1. Duties of Commission

(a) In general

The Commission is hereby authorized and directed to supervise, hold, place, protect, and make known all works of art, historical objects, and exhibits within the Senate wing of the United States Capitol, any Senate Office Buildings, and in all rooms, spaces, and corridors thereof, which are the property of the United States, and in its judgment to accept any works of art, historical objects, or exhibits which may hereafter be offered, given, or devised to the Senate, its committees, and its officers for placement and exhibition in the Senate wing of the Capitol, the Senate Office Buildings, or in rooms, spaces, or corridors thereof.

(b) Issuance and publication of regulations

The Commission shall prescribe such regulations as it deems necessary for the care, protection, and placement of such works of art, exhibits, and historical objects in the Senate wing of the Capitol and the Senate Office Buildings, and for their acceptance on behalf of the Senate, its committees, and officers. Such regulations shall be published in the Congressional Record at such time or times as the Commission may deem necessary for the information of the Members of the Senate and the public.

(c) Consistency of regulations

Regulations authorized by the provisions of section 193 of this title to be issued by the Sergeant at Arms of the Senate for the protection of the Capitol, and any regulations issued, or activities undertaken, by the Committee on Rules and Administration of the Senate, or the Architect of the Capitol, in carrying out duties relating to the care, preservation, and protection of the Senate wing of the Capitol and the Senate Office Buildings, shall be consistent with such rules and regulations as the Commission may issue pursuant to subsection (b) of this section.

(d) Responsibilities of Committee on Rules and Administration of Senate

The Committee on Rules and Administration of the Senate in consultation with the Architect of the Capitol and consistent with regulations prescribed by the Commission under subsection (b) of this section, shall have responsibility for the supervision, protection, and placement of all works of art, historical objects, and exhibits which shall have been accepted on behalf of the Senate by the Commission or acknowledged as United States property by inventory of the Commission, and which may be lodged in the Senate wing of the Capitol or the Senate Office Buildings by the Commission.

(Pub. L. 100–696, title IX, §901(a), (b)(2), Nov. 18, 1988, 102 Stat. 4610, 4611.)

Codification

Section is based on section 2 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law and amended by Pub. L. 100–696.

Amendments

1988—Subsec. (a). Pub. L. 100–696, §901(b)(2), substituted “protect, and make known” for “and protect” and “Senate wing of the United States Capitol, any Senate Office Buildings” for “Senate wing of the Capitol”.

Section Referred to in Other Sections

This section is referred to in section 188b–5 of this title.

§188b–2. Supervision and maintenance of Old Senate Chamber

The Commission shall have responsibility for the supervision and maintenance of the Old Senate Chamber on the principal floor of the Senate wing of the Capitol insofar as it is to be preserved as a patriotic shrine in the Capitol for the benefit of the people of the United States.

(Pub. L. 100–696, title IX, §901(a), Nov. 18, 1988, 102 Stat. 4610.)

Codification

Section is based on section 3 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law by Pub. L. 100–696.

Section Referred to in Other Sections

This section is referred to in section 188b–5 of this title.

§188b–3. Publication of list of works of art, historical objects, and exhibits

The Commission shall, from time to time, but at least once every ten years, publish as a Senate document a list of all works of art, historical objects, and exhibits currently within the Senate wing of the Capitol and the Senate Office Buildings, together with their description, location, and with such notes as may be pertinent to their history.

(Pub. L. 100–696, title IX, §901(a), Nov. 18, 1988, 102 Stat. 4610.)

Codification

Section is based on section 4 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law by Pub. L. 100–696.

Section Referred to in Other Sections

This section is referred to in section 188b–5 of this title.

§188b–4. Authorization of appropriations

There is hereby authorized to be appropriated out of the contingent fund of the Senate for the expenses of the Commission the sum of $15,000 each fiscal year, to be disbursed by the Secretary of the Senate on vouchers signed by the Chairman or Vice Chairman of the Commission: Provided, That no payment shall be made from such appropriation as salary.

(Pub. L. 100–696, title IX, §901(a), Nov. 18, 1988, 102 Stat. 4610.)

Codification

Section is based on section 5 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law by Pub. L. 100–696.

Section Referred to in Other Sections

This section is referred to in section 188b–5 of this title.

§188b–5. Additional authority for Senate Commission on Art to acquire works of art, historical objects, documents, or exhibits

(a) The Senate Commission on Art, in addition to any authority conferred upon it by sections 188b to 188b–4 of this title, is authorized to acquire any work of art, historical object, document or material relating to historical matters, or exhibit for placement or exhibition in the Senate wing of the Capitol, the Senate Office Buildings, or in rooms, spaces, or corridors thereof.

(b) This section shall be effective as of March 1, 1971.

(Pub. L. 100–696, title IX, §901(a), (c), Nov. 18, 1988, 102 Stat. 4610, 4611.)

Codification

Section is based on Senate Resolution No. 95, Ninety-second Congress, Apr. 1, 1971, which was enacted into permanent law and amended by Pub. L. 100–696.

Amendments

1988—Subsec. (a). Pub. L. 100–696, §901(c), substituted “Senate Commission on Art” for “Commission on Art and Antiquities of the United States Senate”.

§188b–6. Conservation, restoration, replication, or replacement of items in United States Senate Collection

(a) Use of moneys in Senate contingent fund

Effective with the fiscal year ending September 30, 1995, and each fiscal year thereafter, subject to the approval of the Committee on Appropriations of the Senate, any unexpended and unobligated funds in the appropriation account for the “Secretary of the Senate” within the contingent fund of the Senate which have not been withdrawn in accordance with section 102a of title 2, shall be available for the expenses incurred, without regard to the fiscal year in which incurred, for the conservation, restoration, and replication or replacement, in whole or in part, of items of art, fine art, and historical items within the Senate wing of the United States Capitol, any Senate Office Building, or any room, corridor, or other space therein. In the case of replication or replacement of such items, the funds available under this subsection shall be available for any such items previously contained within the Senate wing of the Capitol, or an item historically accurate.

(b) United States Senate Collection

All such items of art referred to in subsection (a) of this section shall be known as the “United States Senate Collection”.

(c) Approval of disbursements by Chairman or Executive Secretary of Senate Commission on Art

Disbursements for expenses incurred for the purposes in subsection (a) of this section shall be made upon vouchers approved by the Chairman of the Senate Commission on Art or the Executive Secretary of the Senate Commission on Art.

(Pub. L. 101–302, title III, §316, May 25, 1990, 104 Stat. 246; Pub. L. 101–520, title III, §323, Nov. 5, 1990, 104 Stat. 2285; Pub. L. 102–90, title III, §310, Aug. 14, 1991, 105 Stat. 467; Pub. L. 102–392, title III, §312, Oct. 6, 1992, 106 Stat. 1723; Pub. L. 103–69, title III, §314, Aug. 11, 1993, 107 Stat. 713; Pub. L. 103–283, title III, §309, July 22, 1994, 108 Stat. 1442.)

Amendments

1994—Subsec. (a). Pub. L. 103–283 substituted “1995” for “1994”.

1993—Subsec. (a). Pub. L. 103–69 substituted “1994” for “1993”.

1992—Subsec. (a). Pub. L. 102–392 substituted “1993” for “1992”.

1991—Subsec. (a). Pub. L. 102–90 substituted “1992” for “1991”.

1990—Subsec. (a). Pub. L. 101–520 substituted “1991” for “1990”.

§188c. House of Representatives Fine Arts Board

(a) Establishment and authority

There is established in the House of Representatives a Fine Arts Board (hereafter in sections 188c and 188c–1 of this title referred to as the “Board”), comprised of the House of Representatives members of the Joint Committee on the Library. The chairman of the Committee on House Administration of the House of Representatives shall be the chairman of the Board. The Board, in consultation with the House Office Building Commission, shall have authority over all works of fine art, historical objects, and similar property that are the property of the Congress and are for display or other use in the House of Representatives wing of the Capitol, the House of Representatives Office Buildings, or any other location under the control of the House of Representatives.

(b) Clerk of the House of Representatives

Under the supervision and direction of the Board, the Clerk of the House of Representatives shall be responsible for the administration, maintenance, and display of the works of fine art and other property referred to in subsection (a) of this section.

(c) Architect of the Capitol

The Architect of the Capitol shall provide assistance to the Board and to the Clerk of the House of Representatives in the carrying out of their responsibilities under sections 188c and 188c–1 of this title.

(Pub. L. 100–696, title X, §1001, Nov. 18, 1988, 102 Stat. 4611.)

Change of Name

Committee on House Administration of House of Representatives changed to Committee on House Oversight of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Transfer of Functions

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

§188c–1. Acceptance of gifts on behalf of the House of Representatives

The Board is authorized to accept, on behalf of the House of Representatives, gifts of works of fine art, historical objects, and similar property, including transfers from the United States Capitol Preservation Commission under section 188a–1 of this title, for display or other use in the House of Representatives wing of the Capitol, the House of Representatives Office Buildings, or any other location under the control of the House of Representatives.

(Pub. L. 100–696, title X, §1002, Nov. 18, 1988, 102 Stat. 4612.)

Section Referred to in Other Sections

This section is referred to in section 188c of this title.

§189. Art exhibits

No work of art or manufacture other than the property of the United States shall be exhibited in the National Statuary Hall, the Rotunda, or the corridors of the Capitol.

(R.S. §1815; Mar. 3, 1875, ch. 130, 18 Stat. 376; Mar. 3, 1879, ch. 182, 20 Stat. 391.)

Codification

Section is based on act Mar. 3, 1879, popularly known as the “Sundry Civil Appropriation Act, fiscal year 1879”.

R.S. §1815 derived from act July 20, 1868, ch. 176, §6, 15 Stat. 110.

§190. Private studios and works of art

No room in the Capitol shall be used for private studios or works of art, without permission from the Joint Committee on the Library, given in writing; and it shall be the duty of the Architect of the Capitol to carry this provision into effect.

(Mar. 3, 1875, ch. 130, 18 Stat. 376.)

§190a. Omitted

Codification

Section, act Mar. 2, 1895, ch. 189, 28 Stat. 959, related to location of terminal of the conveying apparatus for rapid transmission of books, papers, and messages between Library of Congress and Capitol.

§190b. Location of reference library for Senate and House of Representatives

The rooms and space recently occupied by the Library of Congress in the Capitol building shall be divided into three stories, the third story of which shall be fitted up and used for a reference library for the Senate and House of Representatives, and that portion of the other two stories north of a line drawn east and west through the center of the Rotunda shall be used for such purpose as may be designated by the Senate of the United States, and that portion of the first and second stories south of said line shall be used for such purpose as may be designated by the House of Representatives.

(June 6, 1900, No. 33, 31 Stat. 719.)

§191. Repealed. Jan. 24, 1934, ch. 4, §34, 48 Stat. 336

Section, act Mar. 3, 1903, ch. 1012, §34, 32 Stat. 1221, prohibited sale of intoxicating liquors within limits of the Capitol Building. See the “District of Columbia Alcoholic Beverage Control Act”, chapter 1 (§25–101 et seq.) of Title 25, Alcoholic Beverages, of the District of Columbia Code.

§192. Omitted

Codification

Section, R.S. §1819; act Aug. 15, 1876, ch. 287, 19 Stat. 147, which extended to the Capitol Square the laws of the District of Columbia, was superseded by section 101 of this title.

§193. Protection of buildings and property

The Sergeants at Arms of the Senate and of the House of Representatives are authorized to make such regulations as they may deem necessary for preserving the peace and securing the Capitol from defacement, and for the protection of the public property therein, and they shall have power to arrest and detain any person violating such regulations, until such person can be brought before the proper authorities for trial.

(R.S. §1820.)

Codification

R.S. §1820 derived from acts Mar. 30, 1867, ch. 20, §2, 15 Stat. 12; Apr. 29, 1876, ch. 86, 19 Stat. 41.

Section is also set out in D.C. Code, §9–105.

Applicability of Other Laws

Section as unaffected by sections 193a to 193l, 212a, 212a–2, and 212b of this title, see note set out under section 193a of this title.

Cross References

Policing of Capitol Building and Grounds, see section 212a of this title.

Use of Capitol Grounds as playground prohibited, see section 214 of this title.

Section Referred to in Other Sections

This section is referred to in section 188b–1 of this title.

§193a. United States Capitol Grounds; area comprising; jurisdiction

The United States Capitol Grounds shall comprise all squares, reservations, streets, roadways, walks, and other areas as defined on a map entitled “Map showing areas comprising United States Capitol Grounds”, dated June 25, 1946, approved by the Architect of the Capitol and recorded in the Office of the Surveyor of the District of Columbia in book 127, page 8, including all additions added thereto by law subsequent to June 25, 1946, and the jurisdiction and control over the United States Capitol Grounds, vested prior to July 31, 1946 by law in the Architect of the Capitol, is extended to the entire area of the United States Capitol Grounds, and the Architect of the Capitol shall be responsible for the maintenance and improvement thereof, including those streets and roadways in said United States Capitol Grounds as shown on said map as being under the jurisdiction and control of the Commissioners of the District of Columbia, except that the Mayor of the District of Columbia shall be responsible for the maintenance and improvement of those portions of the following streets which are situated between the curblines thereof: Constitution Avenue from Second Street Northeast to Third Street Northwest, First Street from D Street N.E. to D Street S.E., D Street from First Street S.E. to Canal Street S.W., and First Street from the north side of Louisiana Avenue to the intersection of C Street and Canal Street S.W., Pennsylvania Avenue Northwest from First Street Northwest to Third Street Northwest, Maryland Avenue Southwest from First Street Southwest to Third Street Southwest, Second Street Northeast from F Street Northeast to C Street Southeast; C Street Southeast from Second Street Southeast to First Street Southeast; that portion of Maryland Avenue Northeast from Second Street Northeast to First Street Northeast; that portion of New Jersey Avenue Northwest from D Street Northwest to Louisiana Avenue; that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; that portion of Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street: Provided, That the Mayor of the District of Columbia shall be permitted to enter any part of said United States Capitol Grounds for the purpose of repairing or maintaining or, subject to the approval of the Architect of the Capitol, for the purpose of constructing or altering, any utility service of the District of Columbia government.

(July 31, 1946, ch. 707, §1, 60 Stat. 718; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Oct. 20, 1967, Pub. L. 90–108, §1(a), 81 Stat. 275; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, title VII, §739(g)(7), 87 Stat. 789, 829; Oct. 10, 1980, Pub. L. 96–432, §2, 94 Stat. 1852.)

Codification

Section is also set out in D.C. Code, §9–106.

Amendments

1980—Pub. L. 96–432 substituted “Constitution Avenue from Second Street Northeast to Third Street Northwest” and “C Street and Canal Street S.W., Pennsylvania Avenue Northwest from First Street Northwest to Third Street Northwest, Maryland Avenue Southwest from First Street Southwest to Third Street Southwest, Second Street Northeast from F Street Northeast to C Street Southeast; C Street Southeast from Second Street Southeast to First Street Southeast; that portion of Maryland Avenue Northeast from Second Street Northeast to First Street Northeast; that portion of New Jersey Avenue Northwest from D Street Northwest to Louisiana Avenue; that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; that portion of Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street: Provided” for “Constitution Avenue from First Street N.E. to Second Street N.W.” and “C Street and Canal Street S.W.: Provided”, respectively.

1973—Pub. L. 93–198 substituted “, including those streets and roadways in said United States Capitol Grounds as shown on said map as being under the jurisdiction and control of the Commissioners of the District of Columbia, except that the Commissioner of the District of Columbia shall be responsible for the maintenance and improvement of those portions of the following streets which are situated between the curblines thereof: Constitution Avenue from First Street N.E. to Second Street N.W., First Street from D Street N.E. to D Street S.E., D Street from First Street S.E. to Canal Street S.W., and First Street from the north side of Louisiana Avenue to the intersection of C Street and Canal Street S.W.: Provided,” for “: Provided, That those streets and roadways as being under the jurisdiction and control of the Commissioner of the District of Columbia shall continue under such jurisdiction and control, and said Commissioner shall be responsible for the maintenance and improvement thereof: Provided further,”.

1967—Pub. L. 90–108 inserted “including all additions added thereto by law subsequent to June 25, 1946,” after “book 127, page 8”, and struck out “as defined on the aforementioned map” after “the entire area of the United States Capitol Grounds”.

Effective Date of 1980 Amendment

Section 4 of Pub. L. 96–432 provided that: “The foregoing provisions of this Act [amending this section and enacting provisions set out as notes below] shall take effect upon the expiration of the thirty-day period following the date of the enactment of this Act [Oct. 10, 1980].”

Effective Date of 1973 Amendment

Section 771 of Pub. L. 93–198 provided that the amendment made by Pub. L. 93–198 is effective on Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974.

Effective Date of 1967 Amendment

Section 3 of Pub. L. 90–108 provided that: “Prosecutions for violations of the Act of July 31, 1946 (60 Stat. 718; 40 U.S.C. 193a et seq.; D.C. Code 9–118 et seq. [9–106 et seq.]) [sections 193a to 193m, 212a, 212a–2, and 212b of this title] and of section 15 of the Act of July 29, 1892 (27 Stat. 325; D.C. Code 4–120 [4–116], 22–3111) [section 101 of this title], occurring prior to the enactment of these amendments [Oct. 20, 1967] shall not be affected by these amendments or abated by reason thereof. The provisions of this Act [amending sections 101, 193a, 193f, 193h and 193m of this title] shall be applicable to violations occurring after its enactment [Oct. 20, 1967].”

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “Commissioner” and for “Commissioners” the second time appearing.

Commission on the Bicentennial of the United States Capitol

Pub. L. 102–392, title III, §324, Oct. 6, 1992, 106 Stat. 1726, established in the Congress the Commission on the Bicentennial of the United States Capitol to organize and publicize a celebration in 1993 to observe the 200th anniversary of the laying of the cornerstone of the United States Capitol, set forth its composition of certain Members of Congress and its staffing authority, authorized the Commission to use voluntary staff and services and information, services, facilities, and personnel of the Secretary of the Senate and the Clerk of the House of Representatives, and directed support and assistance from legislative agencies and funding of expenses from the contingency funds of the Senate and House of Representatives.

Extension of United States Capitol Grounds

Pub. L. 97–379, Dec. 22, 1982, 96 Stat. 1935, provided: “That section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a), is amended to include within the definition of the United States Capitol Grounds the following additional areas which are situated as follows:

“(1) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the south side of Pennsylvania Avenue, Northwest, between the west curb of First Street, Northwest and the east curb of Third Street, Northwest.

“(2) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the north side of Maryland Avenue, Southwest, between the west curb of First Street, Southwest and the east curb of Third Street, Southwest.

“(3) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the west side of First Street between the south curb of Pennsylvania Avenue, Northwest and the north curb of Maryland Avenue, Southwest.

“(4) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the east side of Third Street between the south curb of Pennsylvania Avenue, Northwest and the north curb of Maryland Avenue, Southwest.”

Section 1 of Pub. L. 96–432 provided: “That section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a), is amended to include within the definition of the United States Capitol Grounds the following additional areas and portions of streets which are situated as follows:

“(1) that portion of D Street Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast;

“(2) that portion of Second Street Northeast and Southeast from the south curb of F Street Northeast to the south curb of C Street Southeast;

“(3) that portion of Constitution Avenue Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast;

“(4) that portion of Pennsylvania Avenue Northwest from the west curb of First Street Northwest to the east curb of Third Street Northwest;

“(5) that portion of Maryland Avenue Southwest from the west curb of First Street Southwest to the east curb of Third Street Southwest;

“(6) that portion of Constitution Avenue Northwest from the east curb of Second Street Northwest to the east curb of Third Street Northwest;

“(7) that portion of Independence Avenue Southwest from the west curb of First Street Southwest to the east curb of Third Street Southwest;

“(8) that portion of Maryland Avenue Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast;

“(9) that portion of East Capitol Street from the east curb of Second Street Southeast to the east curb of First Street Southeast;

“(10) that portion of Independence Avenue Southeast from the east curb of Second Street Southeast to the east curb of First Street Southeast;

“(11) that portion of C Street Southeast from the east curb of Second Street Southeast to the east curb of First Street Southeast;

“(12) that portion of North Capitol Street from the south curb of Massachusetts Avenue to the north curb of Louisiana Avenue;

“(13) that portion of New Jersey Avenue Northwest from the north curb of D Street Northwest to the north curb of Louisiana Avenue;

“(14) that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest;

“(15) that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest;

“(16) that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest;

“(17) that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest;

“(18) that portion of Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street; and

“(19) all that area contiguous to, and surrounding, square numbered 724 from the property line thereof to the contiguous curb;

“(20) those areas contiguous to, and surrounding, the areas comprising the grounds of the United States Botanic Garden from the property line of such grounds to the contiguous curb;

“(21) all that area contiguous to, and surrounding, the structures comprising the United States Capitol Power Plant, from the building lines of such structures to the contiguous curbs; and

“(22) all that area contiguous to, and surrounding, square numbered 581 from the property line thereof to the contiguous curb.”

Pub. L. 93–198, title VII, §739(g)(3), Dec. 24, 1973, 87 Stat. 828, effective Jan. 2, 1975, [title IV of Pub. L. 93–198 having been accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum conducted May 8, 1974], provided in part that the definition of United States Capitol Grounds should include the following streets: Independence Avenue from the west curb of First Street S.E. to the east curb of First Street S.W., New Jersey Avenue S.E. from the south curb of Independence Avenue to the north curb of D Street S.E., South Capitol Street from the south curb of Independence Avenue to the north curb of D Street; Delaware Avenue S.W. from the south curb of C Street S.W. to the North Curb of D Street S.W., C Street from the west curb of First Street S.E. to the intersection of First and Canal Streets, S.W., D Street from the west curb of First Street S.E. to the intersection of Canal Street and Delaware Avenue S.W., that part of First Street lying west of the outer face of the curb of the sidewalk on the east side thereof from D Street, N.E. to D Street S.E., that part of First Street within the east and west curblines thereof extending from the north side of Pennsylvania Avenue N.W. to the intersection of C Street and Canal Street S.W., including the two circles within such area, but that nothing in the inclusion of such streets should be construed as repealing, or otherwise altering, modifying, affecting, or superseding those provisions of law in effect prior to the vesting of authority in the United States Supreme Court police and Library of Congress police by title IV of Pub. L. 93–198 to make arrests in adjacent streets, including First Street N.E. and First Street S.E.

Jurisdiction of the Capitol Police Board and the Architect of the Capitol

Section 3 of Pub. L. 96–432 provided that: “On and after the effective date of this section [see Effective Date of 1980 Amendment note set out above], that portion of C Street Northeast from the west curb of Second Street Northeast to the east curb of First Street Northeast shall be under the exclusive jurisdiction and control of the Capitol Police Board and the Architect of the Capitol in the same manner and to the same extent as such Board or the Architect of the Capitol has over other streets comprising the United States Capitol Grounds, and the Architect of the Capitol shall be responsible for the maintenance and improvement thereof.”

United States Supreme Court and Library of Congress; Jurisdictional Boundaries

Section 6(a), (b) of Pub. L. 96–432 provided that:

“(a) Notwithstanding any other provisions of this Act [enacting section 212a–1 of this title, amending this section, and enacting provisions set out as notes under sections 193a and 193d of this title], with respect to those squares occupied by the United States Supreme Court and the Library of Congress, those streets or portions thereof referred to in the first section of this Act [set out as a note above] which surround such squares shall be considered a part of the Capitol Grounds only to the face of the curbs contiguous to such squares.

“(b) Nothing in this Act shall be construed as repealing, or otherwise altering, modifying, affecting, or superseding those provisions of law in effect on the date immediately preceding the date of the enactment of this Act [Oct. 10, 1980] vesting authority in the United States Supreme Court Police and the Library of Congress Police to make arrests in adjacent streets.”

Architect of the Capitol; Acquisition of Additional Property

Pub. L. 97–12, title I, June 5, 1981, 95 Stat. 64, provided in part: “That upon acquisition of such real property pursuant to this paragraph [incorporating by reference the provisions of Pub. L. 96–432, Oct. 10, 1980, 94 Stat. 1851, which related to the acquisition of property in squares 693, 640, and 582 in the District of Columbia], the structure located on lot 801 of square 693 shall become a part of the House Office Buildings, subject to the provisions of the Act of July 31, 1946 (40 U.S.C. secs. 193a through 193m, 212a[, 212a–2,] and 212b), including any amendments thereto, which are applicable to the Capitol Buildings, and to the Act of March 4, 1907 (40 U.S.C. 175).”

Sections 7–10 of Pub. L. 96–432 provided that:

“Sec. 7. (a) The Architect of the Capitol, under the direction of the House Office Building Commission, is hereby authorized to acquire, on behalf of the United States, by purchase, condemnation, transfer, or otherwise, for addition to the United States Capitol Grounds, all publicly or privately owned property contained in lot 49 in square 582; lot 70 in square 640; and lots 1, 2, 67, 79, 80, 800, 801, 807, 814 through 822, and 834 in square 693 in the District of Columbia (including all alleys or parts of alleys and streets within the lotlines and curblines surrounding such real property): Provided, That upon the acquisition of any such real property by the Architect of the Capitol on behalf of the United States, such property shall be subject to the provisions of the Act of July 31, 1946 (60 Stat. 718) [sections 193a to 193m, 212a, 212a–2, and 212b of this title and provisions set out as notes under sections 193a and 193h of this title] as amended in the same manner and to the same extent as all other areas comprising the United States Capitol Grounds.

“(b) For the purposes of this section the properties authorized to be acquired hereunder, shall be deemed to extend to the outer face of the curbs of the squares in which they are located.

“(c) There is hereby authorized to be appropriated to the Architect of the Capitol for the fiscal year ending September 30, 1981, the sum of $11,500,000 for the purpose of carrying out the provisions of this section, said appropriation to remain available until expended.

“Sec. 8. The acquisition of real property under this Act [enacting section 212a–1 of this title, amending this section, and enacting provisions set out as notes under sections 193a and 193d of this title] shall be conducted in accordance with the Act entitled ‘Uniform Relocation Assistance and Land Acquisition Policies Act of 1970’, Public Law 91–646, approved January 2, 1971 [42 U.S.C. 4601 et seq.], and any proceeding for condemnation brought in its course shall be conducted in accordance with the Act entitled ‘An Act to provide for the acquisition of land in the District of Columbia for the use of the United States’, approved March 1, 1929 (16 D.C. Code, secs. 1351–1368).

“Sec. 9. The Architect of the Capitol is authorized to enter into contracts and to make expenditures for grading and paving and such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of section 7 of this Act.

Sec. 10. Any contract entered into pursuant to this Act or pursuant to any amendment made by this Act shall be effective only to such extent and in such amounts as may be provided in advance in an appropriation Act.”

Sound and Light Performance for the Re-creation of the Evolution of American History

Pub. L. 93–226, Dec. 29, 1973, 87 Stat. 943, provided:

“[Sec. 1. Study and report by the United States Capitol Historical Society on the desirability and feasibility of sound and light performance for the re-creation of the evolution of American History] That, notwithstanding any other provision of law, the United States Capitol Historical Society is authorized, under direction of the Architect of the Capitol, to prepare a feasibility study to determine the desirability of installing within the United States Capitol Grounds, at the east front of the United States Capitol, all items of equipment and other facilities required for a sound and light performance, consisting of an interplay of light, music, narrative, and sound effects (without the use of live actors), which, when projected onto the imposing facade of the east front of the United States Capitol, will re-create the evolution of American history, based on a foundation of thorough historical research, subject to the following conditions:

“(1) Such study and all expenditures connected therewith will be borne by the United States Capitol Historical Society.

“(2) Upon completion of such study, the United States Capitol Historical Society, at its expense, will furnish the Architect of the Capitol a report detailing the results of such study, installations, and programs proposed, and estimates of cost required to implement such project without expense to the United States, including maintenance and operating expenses.

“(3) The project may not be implemented, beyond the report stage, except as provided in section 2 hereof.

Sec. 2. [Review of the report by the Architect of the Capitol and recommendations to Congressional Officials; implementation of the project] The Architect of the Capitol shall review such report and submit the same, with his recommendations, to the Speaker and majority and minority leaders of the House of Representatives and to the United States Senate Commission on Art and Antiquities.

“If the project, as presented, with or without modifications, meets with the approval of such House and Senate officials, the Architect of the Capitol, notwithstanding any other provision of law, is authorized after such approval—

“(1) To accept in the name of the United States from the United States Capitol Historical Society, as a gift, such sum or sums as may be required to further implement such project, and such sum or sums when received, shall be credited as an addition to the appropriation account ‘Capitol Buildings, Architect of the Capitol’.

“(2) Subject to section 3 hereof, to expend such sum or sums for all items of equipment and other facilities required for the sound and light performance, and for any other items in connection therewith.

Sec. 3. [Authority to enter into contracts and make payments] The Architect of the Capitol, under the direction of the House and Senate officials designated in section 2 hereof, is authorized to enter into contracts and to incur such other obligations and make such expenditures as may be necessary to carry out the provisions of said section 2.

Sec. 4. [Availability and use of appropriated funds] Sums received under this joint resolution, when credited as an addition to the appropriation account ‘Capitol Buildings, Architect of the Capitol’, shall be available for expenditure and shall remain available until expended. Following completion of the installation, such sums may thereafter be used by the Architect of the Capitol, in whole or in part, to defray any expenses which he may incur for maintenance and operation.”

Application of Sections 193a to 193l, 212a, and 212b to Other Laws

Section 16(b) of act July 31, 1946, provided that nothing in sections 193a to 193l, 212a, 212a–2, or 212b of this title shall be construed to repeal, amend, alter or supersede the following: (1) sections 185a, 193 and 214 of this title, and (2) section 101 of this title, except as provided in section 212a of this title.

Additions to United States Capitol Grounds Subsequent to June 25, 1946

John W. McCormack Residential Page School, United States Capitol Grounds provisions applicable, see section 184a of this title.

Green park area use pending development for permanent page school use, subject to United States Capitol Grounds provisions, see section 508 of Pub. L. 92–607, ch. V, Oct. 31, 1972, 86 Stat. 1512, set out as a note under section 184a of this title.

Senate Parking Facilities Site, acquisition of real property as site for parking facilities of Senate, subject to United States Capitol Grounds provisions, see section 508 of Pub. L. 92–607, ch. V, Oct. 31, 1972, 86 Stat. 1512, set out as a note under section 174b–1 of this title.

Acquisition of Property To Extend Additional Senate Office Building

Pub. L. 85–429, May 29, 1958, 72 Stat. 148 and Pub. L. 85–591, Aug. 6, 1958, 72 Stat. 495, authorized the Architect of the Capitol to acquire certain real property for purposes of extension of Additional Senate Office Building Site or for Additions to United States Capitol Grounds.

Order of the House Office Building Commission

October 17, 1967

WHEREAS, under authority of Section 1202 of Public Law 24, 84th Congress (69 Stat. 41), approved April 22, 1955, known as the “Additional House Office Building Act of 1955”, the Architect of the Capitol, at the direction of the House Office Building Commission, acquired during the period of 1955 to 1960, on behalf of the United States, by condemnation, seven squares in the District of Columbia, located south of Independence Avenue, in the vicinity of the United States Capitol Grounds, as a site for an additional office building and other necessary facilities for the House of Representatives and for additions to the United States Capitol Grounds;

WHEREAS, under the aforesaid authority, the Architect of the Capitol, at the direction of the Commission, acquired in 1965 on behalf of the United States, through transfer from the Redevelopment Land Agency, Square 639, also located south of Independence Avenue, for an addition to the United States Capitol Grounds;

WHEREAS, the aforesaid eight squares are identified and bound as follows: Square 635, bounded on the north by Independence Avenue, on the east by Delaware Avenue, on the west by First Street, on the south by C Street; Square 637, bounded on the north by C Street, on the east by South Capitol Street, on the west by Delaware Avenue, on the south by D Street; Square South of 635, bounded on the north by C Street, on the east by Delaware Avenue, on the west and south by Canal Street; Square 691, bounded on the north by C Street, on the east by New Jersey Avenue, on the west by South Capitol Street, on the south by D Street; Square 692, bounded on the north by C Street, on the east by First Street, on the west by New Jersey Avenue, on the south by D Street; Square 732 north, bounded on the north by Independence Avenue, on the east by Second Street, on the west by First Street, on the south by Carroll Street; Square 732 south, bounded on the north by Carroll Street, on the east by Second Street, on the west by First Street, on the south by C Street; and Square 639, bounded on the north by D Street, on the east by South Capitol Street, on the west and south by Canal Street;

WHEREAS, title to all real property in these 8 squares is now vested in fee simple absolute in the United States of America;

WHEREAS, subsequent to acquisition of these 8 squares, under the aforesaid authority, all alleys in these squares were closed and vacated, as were also Delaware Avenue between Independence Avenue and C Street and Carroll Street between First and Second Streets, by the Commissioners of the District of Columbia, and all areas between the property lines and outer faces of curbs surrounding these squares and Square 636 were transferred from the jurisdiction of the Commissioners of the District of Columbia to the jurisdiction of the Architect of the Capitol;

WHEREAS, the Rayburn House Office Building has been constructed on Squares 635 and 636 (the latter square being already owned by the government and having been combined with Square 635 as a site for this building under the aforesaid authority), and the said building is now maintained by the Architect of the Capitol as a part of the House Office Buildings, and the sidewalks and other paved and grassed areas surrounding this building are now maintained as part of the Capitol Grounds;

WHEREAS, underground garages for the House of Representatives have been constructed in Squares 637 and 691 and are now maintained by the Architect of the Capitol as part of the House Office Buildings, and the areas above these garages have been landscaped as a part of the Capitol Grounds;

WHEREAS, Squares South of 635 and 639 have been developed as parking lots for automobiles for Members and employees of the House and are now maintained as part of the Capitol Grounds;

WHEREAS, part of Square 692 is occupied by the Congressional Hotel, acquired by the Architect of the Capitol under the aforesaid authority and leased to the Knott Hotels Corporation for use as a hotel, and the remainder of this square has been converted into a parking lot for automobiles for Members and employees of the House and is now maintained as a part of the Capitol Grounds;

WHEREAS, Squares 732 north and south were acquired as an addition to the Capitol Grounds, are now maintained as part of the Capitol Grounds, and will continue to be so maintained until such time as required for construction thereon of the Library of Congress James Madison Memorial Building, authorized by Public Law 89–260, approved October 19, 1965;

WHEREAS, the aforesaid Additional House Office Building Act provides, in pertinent part, with respect to these properties, as follows:

“* * * At such time or times as may be fixed by order of the House Office Building Commission, (1) any real property acquired under, or made available for the purposes of, this chapter shall become part of the United States Capitol Grounds and subject to the Act entitled ‘An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes’, approved July 31, 1946 (40 U.S.C., secs. 193a—193m, 212a, [212a–2,] and 212b), and (2) the building and all facilities constructed pursuant to section 1201 of this chapter shall become subject to such Act approved July 31, 1946, and to the provisions of law relating to the control, supervision, and care of the House Office Building contained in the Act approved Mar. 4, 1907, as amended (40 U.S.C., sec. 175).”

NOW, THEREFORE, in formal compliance with the aforecited provisions of the Additional House Office Building Act, the House Office Building Commission, in confirmation of actions heretofore taken by the Commission, hereby orders:

 1. The Rayburn House Office Building, the subway connecting such building to the Capitol Building, the pedestrian tunnels connecting such building to the Longworth House Office Building, the underground garages in Squares 637 and 691 and the tunnels connecting these garages to the House Office Buildings, are hereby declared to be House Office Buildings and, as such, are hereby made subject to those provisions of the Act of July 31, 1946 (40 U.S.C., secs. 193a to 193m, 212a, [212a–2,] and 212b), including any amendments to such Act, which are applicable to the Capitol Buildings, and to the Act of Mar. 4, 1907 (40 U.S.C. 175).

 2. All other real property acquired by the Architect of the Capitol under authority of the Additional House Office Building Act is hereby declared to be part of the United States Capitol Grounds and is hereby made subject to the Act of July 31, 1946 (40 U.S.C., secs. 193a to 193m, 212a, and 212b), including any amendments to such Act.

 3. Nothing herein shall be construed to contravene (a) the provisions of Public Law 89–260 authorizing the future use of Squares 732 north and south as a site for the Library of Congress James Madison Memorial Building; or (b) the authority delegated by the House Office Building Commission to the Select House Committee under authority of H. Res. 514, 90th Congress, pertaining to the direction and supervision of the use and operation of the four House Garages and outdoor parking lots.

 4. This order shall become effective immediately.

HOUSE OFFICE BUILDING COMMISSION

John W. McCormack, Chairman.

Emanuel Celler, Member.

Charles E. Goodell, Member.

Section Referred to in Other Sections

This section is referred to in sections 71a, 136, 174b–1, 184a, 193h, 193i, 193k, 193l, 193m, 210, 212a of this title.

§193b. Public use of Capitol Grounds

Public travel in and occupancy of said United States Capitol Grounds shall be restricted to the roads, walks, and places prepared for that purpose by flagging, paving, or otherwise.

(July 31, 1946, ch. 707, §2, 60 Stat. 718.)

Codification

Section is also set out in D.C. Code, §9–108.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title.

§193c. Obstruction of roads; conveyance of goods or merchandise; Capitol Grounds

It is forbidden to occupy the roads in said United States Capitol Grounds in such manner as to obstruct or hinder their proper use, or to use the roads in the area of said United States Capitol Grounds, south of Constitution Avenue and B Street and north of Independence Avenue and B Street, for the conveyance of goods or merchandise, except to or from the Capitol on Government service.

(July 31, 1946, ch. 707, §3, 60 Stat. 718.)

Codification

Section is also set out in D.C. Code, §9–109.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title.

§193d. Sale of articles; signs; solicitation; Capitol Grounds

It is forbidden to offer or expose any article for sale in said United States Capitol Grounds; to display any sign, placard, or other form of advertisement therein; to solicit fares, alms, subscriptions, or contributions therein.

(July 31, 1946, ch. 707, §4, 60 Stat. 718.)

Codification

Section is also set out in D.C. Code, §9–110.

Relocation of Vendors; Temporary Suspension of Prohibition of Sale of Articles, Etc.

Pub. L. 96–432, §6(c), Oct. 10, 1980, 94 Stat. 1853, provided that, in order to provide a fair and reasonable transition period in which to permit the orderly relocation of those duly licensed vendors operating, as of Oct. 10, 1980, on those portions of Pennsylvania Avenue Northwest, and Maryland Avenue Southwest, hereby included in the definition of United States Capitol Grounds pursuant to section 1(4) and (5) [of Pub. L. 96–432, set out as a note under section 193a of this title], so much of the prohibitions contained in section 4 of the law of July 31, 1946 (60 Stat. 718) [this section], as would prevent the use of those portions of Pennsylvania Avenue Northwest, and Maryland Avenue Southwest, for the offer and exposure of articles for sale, be suspended for a period not to exceed one year.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a, 1205 of this title; title 2 sections 121c, 121d.

§193e. Injuries to property; Capitol Grounds

It is forbidden to step or climb upon, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf in said United States Capitol Grounds.

(July 31, 1946, ch. 707, §5, 60 Stat. 718.)

Codification

Section is also set out in D.C. Code, §9–111.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title.

§193f. Capitol Grounds and Buildings security

(a) Firearms, dangerous weapons, explosives, or incendiary devices

It shall be unlawful for any person or group of persons—

(1) Except as authorized by regulations which shall be promulgated by the Capitol Police Board:

(A) to carry on or have readily accessible to the person of any individual upon the United States Capitol Grounds or within any of the Capitol Buildings any firearm, dangerous weapon, explosive, or incendiary device; or

(B) to discharge any firearm or explosive, to use any dangerous weapon, or to ignite any incendiary device, upon the United States Capitol Grounds or within any of the Capitol Buildings; or

(C) to transport by any means upon the United States Capitol Grounds or within any of the Capitol Buildings any explosive or incendiary device; or


(2) Knowingly, with force and violence, to enter or to remain upon the floor of either House of the Congress.

(b) Violent entry and disorderly conduct

It shall be unlawful for any person or group of persons willfully and knowingly—

(1) to enter or to remain upon the floor of either House of the Congress, to enter or to remain in any cloakroom or lobby adjacent to such floor, or to enter or to remain in the Rayburn Room of the House or the Marble Room of the Senate, unless such person is authorized, pursuant to rules adopted by that House or pursuant to authorization given by that House, to enter or to remain upon such floor or in such cloakroom, lobby, or room;

(2) to enter or to remain in the gallery of either House of the Congress in violation of rules governing admission to such gallery adopted by that House or pursuant to authorization given by that House;

(3) to enter or to remain in any room within any of the Capitol Buildings set aside or designated for the use of either House of the Congress or any Member, committee, subcommittee, officer, or employee of the Congress or either House thereof with intent to disrupt the orderly conduct of official business;

(4) to utter loud, threatening, or abusive language, or to engage in any disorderly or disruptive conduct, at any place upon the United States Capitol Grounds or within any of the Capitol Buildings with intent to impede, disrupt, or disturb the orderly conduct of any session of the Congress or either House thereof, or the orderly conduct within any such building of any hearing before, or any deliberations of, any committee or subcommittee of the Congress or either House thereof;

(5) to obstruct, or to impede passage through or within, the United States Capitol Grounds or any of the Capitol Buildings;

(6) to engage in any act of physical violence upon the United States Capitol Grounds or within any of the Capitol Buildings; or

(7) to parade, demonstrate, or picket within any of the Capitol Buildings.

(c) Exemption of Government officials

Nothing contained in this section shall forbid any act of any Member of the Congress, or any employee of a Member of the Congress, any officer or employee of the Congress or any committee or subcommittee thereof, or any officer or employee of either House of the Congress or any committee or subcommittee thereof, which is performed in the lawful discharge of his official duties.

(July 31, 1946, ch. 707, §6, 60 Stat. 718; Aug. 6, 1962, Pub. L. 87–571, 76 Stat. 307; Oct. 20, 1967, Pub. L. 90–108, §1(b), 81 Stat. 276.)

Codification

Section is also set out in D.C. Code, §9–112.

Amendments

1967—Pub. L. 90–108 struck out prohibition covering discharge of fireworks, ignition of combustibles, and making of harangues and orations, removed provisions making special allowance for use of construction tools actuated by or employing explosive charges, and inserted provisions prohibiting carrying or ready access to firearms, dangerous weapons, explosives, or incendiary devices upon the United States Capitol Grounds or within any of the Capitol Buildings, expanding area within which discharge of firearms or explosives are prohibited so as to include the interior of the Capitol Buildings, adding ignition of incendiary devices and use of dangerous weapons to list of acts prohibited within such areas, prohibiting transport of explosive or incendiary devices and knowing entry or stay with force and violence upon the floor of either House of Congress, prohibiting disorderly and disruptive conduct on the floor of either House of Congress, cloakrooms, adjacent lobbies, the Rayburn Room of the House or the Marble Room of the Senate, the gallery of either House, and Committee rooms, and excepting members and employees of the Congress in the lawful discharge of their official duties.

1962—Pub. L. 87–571 permitted use of tools actuated by or employing explosives in construction, if the tools are of a kind ordinarily used for such construction, the Architect of the Capitol has authorized their use after determining they will not endanger life or safety, and such use is in accordance with his rules and regulations.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–108 effective Oct. 20, 1967, see section 3 of Pub. L. 90–108, set out as a note under section 193a of this title.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title.

§193g. Parades or assemblages; display of flags; Capitol Grounds

It is forbidden to parade, stand, or move in processions or assemblages in said United States Capitol Grounds, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement, except as hereinafter provided in sections 193j and 193k of this title.

(July 31, 1946, ch. 707, §7, 60 Stat. 719.)

Codification

Section is also set out in D.C. Code, §9–113.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title.

§193h. Prosecution and punishment of offenses

(a) Firearms, dangerous weapons, explosives, or incendiary device offenses

Any violation of section 193f(a) of this title, and any attempt to commit any such violation, shall be a felony punishable by a fine not exceeding $5,000, or imprisonment not exceeding five years, or both.

(b) Other offenses

Any violation of section 193b, 193c, 193d, 193e, 193f(b), or 193g of this title, and any attempt to commit any such violation, shall be a misdemeanor punishable by a fine not exceeding $500, or imprisonment not exceeding six months, or both.

(c) Procedure

Violations of sections 193a to 193m, 212a, 212a–2, and 212b of this title, including attempts or conspiracies to commit such violations, shall be prosecuted by the United States attorney or his assistants in the name of the United States. None of the general laws of the United States and none of the laws of the District of Columbia shall be superseded by any provision of said sections. Where the conduct violating said sections also violates the general laws of the United States or the laws of the District of Columbia, both violations may be joined in a single prosecution. Prosecution for any violation of section 193f(a) of this title or for conduct which constitutes a felony under the general laws of the United States or the laws of the District of Columbia shall be in the United States District Court for the District of Columbia. All other prosecutions for violations of said sections may be in the Superior Court of the District of Columbia. Whenever any person is convicted of a violation of said sections and of the general laws of the United States or the laws of the District of Columbia, in a prosecution under this subsection, the penalty which may be imposed for such violation is the highest penalty authorized by any of the laws for violation of which the defendant is convicted.

(July 31, 1946, ch. 707, §8, 60 Stat. 719; July 8, 1963, Pub. L. 88–60, §§1, 7, 77 Stat. 77, 78; Oct. 20, 1967, Pub. L. 90–108, §1(c), 81 Stat. 277; July 29, 1970, Pub. L. 91–358, title I, §155(a), 84 Stat. 570.)

Codification

Section is also set out in D.C. Code, §9–114.

Amendments

1967—Pub. L. 90–108 struck out provisions setting a blanket punishment of not exceeding $100 or imprisonment not exceeding 60 days for offenses against sections 193b to 193g of this title, with prosecution for such offenses to be had in the District of Columbia Court of General Sessions upon information by the United States Attorney or any of his assistants and raising the imprisonment to not more than five years in cases where public property is damaged in an amount exceeding $100 and inserted provisions dividing the offenses into felonies and misdemeanors with different punishments for each and setting out the procedures to be followed in the prosecution for such felonies or misdemeanors, including provisions when the conduct involved violates both the general laws of the United States and the District of Columbia in addition to sections 193a to 193m, 212a, 212a–2, and 212b, of this title.

Change of Name

“District of Columbia Court of General Sessions” was changed to “Superior Court of the District of Columbia” pursuant to Pub. L. 91–358, which provides that such change is effective the first day of the seventh calendar month which begins after July 29, 1970.

“District of Columbia Court of General Sessions” was the designation given to the “Municipal Court for the District of Columbia” by Pub. L. 88–60, §§1, 7, July 8, 1963, 77 Stat. 77, 78, which provided that, eff. Jan. 1, 1963, whenever reference is made in any Act of Congress to the “Municipal Court for the District of Columbia”, such reference shall be held to be a reference to the “District of Columbia Court of General Sessions.”

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–108 effective Oct. 20, 1967, see section 3 of Pub. L. 90–108, set out as a note under section 193a of this title.

Offenses Committed Prior to July 31, 1946

Section 15 of act July 31, 1946, provided that: “Any violation of any of the provisions of said Acts hereby repealed [sections 194 to 205 and 213 of this title], occurring before the date of this repeal [July 31, 1946], may be prosecuted to the same extent as if this Act [enacting sections 193a to 193m, 212a, 212a–2, and 212b of this title] had not been enacted.”

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193i, 193k, 193l, 193m, 212a of this title.

§193i. Assistance to authorities by Capitol employees

It shall be the duty of all persons employed in the service of the Government in the Capitol or in the United States Capitol Grounds to prevent, as far as may be in their power, offenses against sections 193a to 193m, 212a, 212a–2, and 212b of this title, and to aid the police, by information or otherwise, in securing the arrest and conviction of offenders.

(July 31, 1946, ch. 707, §10, 60 Stat. 719.)

Codification

Section is also set out in D.C. Code, §9–123.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193h, 193k, 193l, 193m, 212a of this title.

§193j. Suspension of prohibitions against use of grounds

In order to admit of the due observance within the United States Capitol Grounds of occasions of national interest becoming the cognizance and entertainment of Congress, the President of the Senate and the Speaker of the House of Representatives, acting concurrently, are authorized to suspend for such proper occasions so much of the prohibitions contained in sections 193b to 193g of this title as would prevent the use of the roads and walks of the said grounds by processions or assemblages, and the use upon them of suitable decorations, music, addresses, and ceremonies: Provided, That responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of said President of the Senate and Speaker of the House of Representatives, for the maintenance of suitable order and decorum in the proceedings, and for guarding the Capitol and its grounds from injury.

(July 31, 1946, ch. 707, §11, 60 Stat. 719.)

Codification

Section is also set out in D.C. Code, §9–124.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193g, 193h, 193i, 193k, 193l, 193m, 212a of this title.

§193k. Power of Capitol Police Board to suspend prohibitions

In the absence from Washington of either of the officers, designated in section 193j of this title, the authority therein given to suspend certain prohibitions of sections 193a to 193m, 212a, 212a–2, and 212b of this title shall devolve upon the other, and in the absence from Washington of both it shall devolve upon the Capitol Police Board: Provided, That notwithstanding the provisions of sections 193g and 193j of this title, the Capitol Police Board is authorized to grant the Mayor of the District of Columbia authority to permit the use of Louisiana Avenue for any of the purposes prohibited by section 193g of this title.

(July 31, 1946, ch. 707, §12, 60 Stat. 719; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, 87 Stat. 789.)

Codification

Section is also set out in D.C. Code, §9–125.

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioners”.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193g, 193h, 193i, 193l, 193m, 212a of this title.

§193l. Concerts on grounds

Nothing in sections 193a to 193k, 212a, and 212a–2 of this title shall be construed to prohibit the giving of concerts in the United States Capitol Grounds, at such times as will not interfere with the Congress, by any band in the service of the United States, when and as authorized by the Architect of the Capitol.

(July 31, 1946, ch. 707, §13, 60 Stat. 720.)

Codification

Section is also set out in D.C. Code, §9–126.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193h, 193i, 193k, 193m, 212a of this title.

§193m. Definitions

As used in sections 193a to 193m, 212a, 212a–2, and 212b of this title—

(1) The term “Capitol Buildings” means the United States Capitol, the Senate and House Office Buildings and garages, the Capitol Power Plant, all subways and enclosed passages connecting two or more of such structures, and the real property underlying and enclosed by any such structure.

(2) The term “firearm” shall have the same meaning as when used in section 901(3) of title 15.

(3) The term “dangerous weapon” includes all articles enumerated in section 14(a) of the Act of July 8, 1932 (47 Stat. 654, as amended; D.C. Code, sec. 22–3214(a)) and also any device designed to expel or hurl a projectile capable of causing injury to persons or property, daggers, dirks, stilettoes, and knives having blades over three inches in length.

(4) The term “explosive” shall have the same meaning as when used in section 121(1) of title 50.

(5) The term “act of physical violence” means any act involving (1) an assault or any other infliction or threat of infliction of death or bodily harm upon any individual, or (2) damage to or destruction of any real property or personal property.

(July 31, 1946, ch. 707, §16(a), 60 Stat. 721; Oct. 20, 1967, Pub. L. 90–108, §1(d), 81 Stat. 277.)

References in Text

Section 901(3) of title 15, referred to in par. (2), was repealed by Pub. L. 90–351, title IX, §906, June 19, 1968, 82 Stat. 234. For regulation of firearms, see chapter 44 (§921 et seq.) of Title 18, Crimes and Criminal Procedure.

Section 121 of title 50, referred to in par. (4), was repealed by Pub. L. 91–452, title XI, §1106(a), Oct. 15, 1970, 84 Stat. 960. For regulation of explosives, see chapter 40 (§841 et seq.) of Title 18.

Codification

Section is comprised of subsection (a) of section 16 of act of July 31, 1946. Subsection (b) of section 16 is set out as a note under section 193a of this title.

Section is also set out in D.C. Code, §9–128.

Amendments

1967—Pub. L. 90–108 struck out provision exempting inside of Capitol Buildings from applicability of sections 193a to 193l, 212a, 212a–2, and 212b of this title, enlarged definition of “Capitol Buildings” to include garages, subways and enclosed passages and the real property underlying and enclosed by certain enumerated structures, and defined “firearm”, “dangerous weapon”, “explosive”, and “act of physical violence”.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–108 effective Oct. 20, 1967, see section 3 of Pub. L. 90–108, set out as a note under section 193a of this title.

Section Referred to in Other Sections

This section is referred to in sections 71a, 136, 174b–1, 184a, 193h, 193i, 193k, 210, 212a of this title.

§193m–1. Audit for private organizations conducting activities or performing services in or on United States Capitol Buildings or Grounds; report to Congress

Any private organization, except political parties and committees constituted for election of Federal officials, whether or not organized for profit and whether or not any of its income inures to the benefit of any person, which performs services or conducts activities in or on the United States Capitol Buildings or Grounds, as defined by or pursuant to law, shall be subject, for each year in which it performs such services or conducts such activities, to a special audit of its accounts which shall be conducted by the General Accounting Office. The results of such audit shall be reported by the Comptroller General to the Senate and House of Representatives.

(Pub. L. 91–510, title IV, §451(a), Oct. 26, 1970, 84 Stat. 1193.)

Effective Date

Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in section 1205 of this title; title 36 section 1213.

§193n. Smithsonian Institution; policing of buildings and grounds

Subject to section 5375 of title 5, the Secretary of the Smithsonian Institution and the Trustees of the National Gallery of Art, or their authorized representatives, may designate employees of their respective agencies as special policemen, without additional compensation for duty in connection with the policing of the respective buildings and grounds specified in section 193v of this title.

(Oct. 24, 1951, ch. 559, §1, 65 Stat. 634; June 30, 1969, Pub. L. 91–34, §2(c), 83 Stat. 41.)

Codification

Reference to section 5375 of title 5 substituted in text for section 5365 of title 5 on authority of Pub. L. 95–454, §801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221, which redesignated sections 5361 through 5365 of title 5 as sections 5371 through 5375 of title 5.

Amendments

1969—Pub. L. 91–34 inserted provision that appointive power of Secretary and Trustees be subject to section 5365 of title 5.

Effective Date of 1969 Amendment

Amendment by Pub. L. 91–34 effective at beginning of first pay period which commences on or after June 30, 1969, see section 3(a) of Pub. L. 91–34, set out as an Effective Date note under section 5375 of Title 5, Government Organization and Employees.

Reduction of Basic Pay Rate

Rate of basic pay not to be reduced by reason of the enactment of Pub. L. 91–34, which amended this section, see section 3(b) of Pub. L. 91–34, set out as a note under section 5375 of Title 5, Government Organization and Employees.

Section Referred to in Other Sections

This section is referred to in sections 193t, 193v, 193r, 193x of this title.

§193o. Public use of Smithsonian grounds

Public travel in and occupancy of the specified grounds is restricted to the sidewalks and other paved surfaces, except in the National Zoological Park.

(Oct. 24, 1951, ch. 559, §2, 65 Stat. 634.)

Section Referred to in Other Sections

This section is referred to in sections 193r, 193s, 193t, 193u, 193v, 193x of this title.

§193p. Sale of articles; signs; solicitation; Smithsonian grounds

It shall be unlawful for anyone other than an authorized employee or concessionaire to offer or expose any article for sale within the specified buildings or grounds; or to display any sign, placard, or other form of advertisement; or to solicit alms, subscriptions, or contributions therein.

(Oct. 24, 1951, ch. 559, §3, 65 Stat. 634.)

Section Referred to in Other Sections

This section is referred to in sections 193r, 193s, 193t, 193u, 193v, 193x of this title.

§193q. Injury to property; Smithsonian grounds

It shall be unlawful for anyone other than an authorized employee to touch or handle objects of art or scientific or historical objects on exhibition, or for anyone to step or climb upon, remove, or in any way injure any object of art, exhibit, including exhibit animals, equipment, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, within the specified buildings or grounds.

(Oct. 24, 1951, ch. 559, §4, 65 Stat. 634.)

Section Referred to in Other Sections

This section is referred to in sections 193r, 193s, 193t, 193u, 193v, 193x of this title.

§193r. Additional protective regulations; publication; Smithsonian grounds

(a) In addition to the restrictions and requirements specified in sections 193o to 193q of this title, the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, and the Trustees of the John F. Kennedy Center for the Performing Arts, may prescribe for their respective agencies such regulations as are deemed necessary for the adequate protection of the specified buildings and grounds and of persons and property therein, and for the maintenance of suitable order and decorum within the specified buildings and grounds, including the control of traffic and parking of vehicles in the National Zoological Park and all other areas in the District of Columbia under their control.

(b) All regulations promulgated under the authority of this section shall be printed in the Federal Register and shall not become effective until the expiration of ten days after the date of such publication.

(Oct. 24, 1951, ch. 559, §5, 65 Stat. 634; Aug. 1, 1964, Pub. L. 88–391, §1, 78 Stat. 365; July 21, 1994, Pub. L. 103–279, §9(a), 108 Stat. 1416.)

Amendments

1994—Subsec. (a). Pub. L. 103–279 substituted “Institution, the Trustees of the National Gallery of Art, and the Trustees of the John F. Kennedy Center for the Performing Arts,” for “Institution and the Trustees of the National Gallery of Art”.

1964—Subsec. (a). Pub. L. 88–391 inserted “and all other areas in the District of Columbia under their control”.

Cross References

Power to arrest of special police, see section 193t of this title.

Section Referred to in Other Sections

This section is referred to in sections 193s, 193t, 193v of this title.

§193s. Prosecution and punishment; Smithsonian grounds

Whoever violates any provision of sections 193o to 193q of this title, or any regulation prescribed under section 193r of this title, shall be fined not more than $100 or imprisoned not more than sixty days, or both, prosecution for such offenses to be had in the Superior Court of the District of Columbia, upon information by the United States attorney or any of his assistants: Provided, That in any case where, in the commission of such offense, property is damaged in an amount exceeding $100, the amount of the fine for the offense may be not more than $5,000, the period of imprisonment for the offense may be not more than five years and prosecution shall be had in the United States District Court for the District of Columbia by indictment, or if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment, by information by the United States attorney or any of his assistants.

(Oct. 24, 1951, ch. 559, §6, 65 Stat. 635; Oct. 23, 1962, Pub. L. 87–873, §1, 76 Stat. 1171; July 8, 1963, Pub. L. 88–60, §1, 77 Stat. 77; July 29, 1970, Pub. L. 91–358, title I, §155(a), 84 Stat. 570.)

Change of Name

“District of Columbia Court of General Sessions” substituted for “Municipal Court for the District of Columbia” pursuant to Pub. L. 87–873 and Pub. L. 88–60 which both redesignated “Municipal Court for the District of Columbia” as “District of Columbia Court of General Sessions”. “District of Columbia Court of General Sessions” changed to “Superior Court of the District of Columbia” pursuant to Pub. L. 91–358, which provides that such change is effective first day of seventh calendar month which begins after July 29, 1970.

Section Referred to in Other Sections

This section is referred to in section 193v of this title.

§193t. Police power; Smithsonian grounds

The special police provided for in section 193n of this title shall have the power, within the specified buildings and grounds, to enforce and make arrests for violations of any provision of sections 193o to 193q of this title, of any regulation prescribed under section 193r of this title, or of any law of the United States or of any State or any regulation promulgated pursuant thereto, and they may be furnished, without charge, with uniforms and such other equipment as may be necessary for the proper performance of their duties, including badges, revolvers, and ammunition.

(Oct. 24, 1951, ch. 559, §7, 65 Stat. 635; Aug. 1, 1964, Pub. L. 88–391, §2, 78 Stat. 365.)

Amendments

1964—Pub. L. 88–391 authorized furnishing without charge of uniforms and other necessary equipment including badges, revolvers, and ammunition.

Section Referred to in Other Sections

This section is referred to in section 193v of this title.

§193u. Suspension of regulations; Smithsonian grounds

In order to permit authorized services, training programs, and ceremonies within the specified buildings and grounds, the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, the Trustees of the John F. Kennedy Center for the Performing Arts, or their designated representatives may suspend for their respective agencies so much of the prohibitions contained in sections 193o to 193q of this title as may be necessary for the occasion or circumstance, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, the Trustees of the John F. Kennedy Center for the Performing Arts, or their designees, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the specified buildings and grounds and of persons and property therein.

(Oct. 24, 1951, ch. 559, §8, 65 Stat. 635; July 21, 1994, Pub. L. 103–279, §9(b), 108 Stat. 1416.)

Amendments

1994—Pub. L. 103–279 substituted “the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, the Trustees of the John F. Kennedy Center for the Performing Arts, or” for “the Secretary of the Smithsonian Institution or the Trustees of the National Gallery of Art or” in two places.

Section Referred to in Other Sections

This section is referred to in section 193v of this title.

§193v. “Buildings and grounds” defined

For the purpose of sections 193n to 193x of this title “buildings and grounds” shall mean—

(1) The Smithsonian Institution and its grounds which shall be construed to include the following:

(A) the Smithsonian Building, the Arts and Industries Building, the Freer Gallery of Art Building, the Air and Space Building, the Museum of Natural History, the National Museum of American History Building, and all other buildings of the Smithsonian Institution within the Mall, including the entrance walks, unloading areas, and other pertinent service roads and parking areas;

(B) the National Zoological Park comprising all the buildings, streets, service roads, walks, and other areas within the boundary fence of the National Zoological Park in the District of Columbia and including the public space between the said fence and the face of the curb lines of the adjacent city streets; and

(C) all buildings, service roads, walks, and other areas within the exterior boundaries of any real estate or land or interest in land (including temporary use) which shall hereafter be acquired by the Smithsonian Institution by gift, purchase, exchange of Government-owned land, or otherwise, when determined by the Secretary of the Institution to be necessary for the adequate protection of persons or property therein and suitable for administration as a part of the Smithsonian Institution.


(2) The National Gallery of Art and its grounds, which shall be held to extend (A) to the line of the face of the south curb of Constitution Avenue Northwest, between Seventh Street Northwest, and Fourth Street Northwest, to the line of the face of the west curb of Fourth Street Northwest, between Constitution Avenue Northwest, and Madison Drive Northwest; to the line of the face of the north curb of Madison Drive Northwest, between Fourth Street Northwest, and Seventh Street Northwest; and to the line of the face of the east curb of Seventh Street Northwest, between Madison Drive Northwest, and Constitution Avenue Northwest; (B) to the line of the face of the south curb of Pennsylvania Avenue Northwest, between Fourth Street and Third Street Northwest, to the line of the face of the west curb of Third Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest, to the line of the face of the north curb of Madison Drive Northwest, between Third Street and Fourth Street Northwest, and to the line of the face of the east curb of Fourth Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest,1 and (C) to the line of the face of the south curb of Constitution Avenue Northwest, between Ninth Street Northwest and Seventh Street Northwest; to the line of the face of the west curb of Seventh Street Northwest, between Constitution Avenue Northwest and Madison Drive Northwest; to the line of the face of the north curb of Madison Drive Northwest, between Seventh Street Northwest and the line of the face of the east side of the east retaining wall of the Ninth Street Expressway Northwest; and to the line of the face of the east side of the east retaining wall of the Ninth Street Expressway Northwest, between Madison Drive Northwest and Constitution Avenue Northwest.

(3) The site of the John F. Kennedy Center for the Performing Arts, which shall be held to extend to the line of the west face of the west retaining walls and curbs of the Inner Loop Freeway on the east, the north face of the north retaining walls and curbs of the Theodore Roosevelt Bridge approaches on the south, the east face of the east retaining walls and curbs of Rock Creek Parkway on the west, and the south curbs of New Hampshire Avenue and F Street on the north, as generally depicted on the map entitled “Transfer of John F. Kennedy Center for the Performing Arts”, numbered 844/82563, and dated April 20, 1994, which shall be on file and available for public inspection in the office of the National Capital Region, National Park Service, Department of the Interior.

(Oct. 24, 1951, ch. 559, §9, 65 Stat. 635; Aug. 1, 1964, Pub. L. 88–391, §3, 78 Stat. 366; July 5, 1968, Pub. L. 90–376, §3, 82 Stat. 286; Oct. 13, 1980, Pub. L. 96–441, §3, 94 Stat. 1884; Aug. 7, 1992, Pub. L. 102–336, 106 Stat. 864; July 21, 1994, Pub. L. 103–279, §9(c), 108 Stat. 1417.)

Amendments

1994—Par. (3). Pub. L. 103–279 added par. (3).

1992—Par. (2)(C). Pub. L. 102–336 added cl. (C).

1968—Par. (2). Pub. L. 90–376 designated existing provisions as cl. (A) and added cl. (B).

1964—Pub. L. 88–391 amended section generally, and among other changes, redescribed buildings and grounds of the Smithsonian Institution and provided for inclusion of future acquisitions of land and buildings.

Change of Name

“National Museum of American History” substituted for “Museum of History and Technology” in par. (1)(A), effective Oct. 14, 1980, pursuant to section 3 of Pub. L. 96–441 which is set out as a note under section 71 of Title 20, Education.

Section Referred to in Other Sections

This section is referred to in section 193n of this title.

1 So in original. The comma probably should be a semicolon.

§193w. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 660

Section, act Oct. 24, 1951, ch. 559, §10, as added Sept. 23, 1959, Pub. L. 86–379, §1, 73 Stat. 702, provided for the classification of positions on National Zoological Park police force. Such provisions were reenacted in section 5109(c) of Title 5, Government Organization and Employees, by Pub. L. 89–554, and were later repealed by Pub. L. 91–34, §2(b), June 30, 1969, 83 Stat. 41.

Pub. L. 89–554 also repealed sections 2 and 3 of Pub. L. 86–379, which prescribed the effective date of Pub. L. 86–379 and provided for certain pay adjustments.

§193x. Enforcement power of special police

The special police provided for in section 193n of this title are authorized to enforce concurrently with the United States Park Police the laws and regulation applicable to the National Capital Parks, and to make arrests for violations of sections 193o to 193q of this title, within the several areas located within the exterior boundaries of the face of the curb lines of the squares within which the aforementioned buildings are located.

(Oct. 24, 1951, ch. 559, §11, as added Aug. 1, 1964, Pub. L. 88–391, §4, 78 Stat. 366.)

Section Referred to in Other Sections

This section is referred to in section 193v of this title.

§§194 to 205. Repealed. July 31, 1946, ch. 707, §15, 60 Stat. 720

Section 194, acts July 1, 1882, ch. 258, §1, 22 Stat. 126; Mar. 3, 1901, ch. 854, §881, 31 Stat. 1333, related to public use of Capitol grounds. See section 193b of this title.

Section 195, acts July 1, 1882, ch. 258, §2, 22 Stat. 126; Mar. 3, 1901, ch. 854, §882, 31 Stat. 1333, related to obstruction of roads in Capitol grounds. See section 193c of this title.

Section 196, acts July 1, 1882, ch. 258, §3, 22 Stat. 126; Mar. 3, 1901, ch. 854, §883, 31 Stat. 1333, related to sale of articles in Capitol grounds. See section 193d of this title.

Section 197, acts July 1, 1882, ch. 258, §4, 22 Stat. 126; Mar. 3, 1901, ch. 854, §884, 31 Stat. 1333, related to injury to property in Capitol grounds. See section 193e of this title.

Section 198, acts July 1, 1882, ch. 258, §5, 22 Stat. 127; Mar. 3, 1901, ch. 854, §885, 31 Stat. 1333, related to firearms or fireworks in Capitol grounds. See section 193f of this title.

Section 199, acts July 1, 1882, ch. 258, §6, 22 Stat. 127; Mar. 3, 1901, ch. 854, §886, 31 Stat. 1333, related to parades or assemblages in Capitol grounds. See section 193g of this title.

Section 200, acts July 1, 1882, ch. 258, §7, 22 Stat. 127; Mar. 3, 1901, ch. 854, §887, 31 Stat. 1333, related to prosecution and punishment of offenses on Capitol grounds. See section 193h of this title.

Section 201, acts July 1, 1882, ch. 258, §8, 22 Stat. 127; Mar. 3, 1901, ch. 854, §888, 31 Stat. 1334, related to arrests in Capitol grounds. See section 212a of this title.

Section 202, acts July 1, 1882, ch. 258, §9, 22 Stat. 127; Mar. 3, 1901, ch. 854, §889, 31 Stat. 1334, related to aid in enforcement by Capitol employees. See section 193i of this title.

Section 203, acts July 1, 1882, ch. 258, §10, 22 Stat. 127; Mar. 3, 1901, ch. 854, §890, 31 Stat. 1334, related to suspension of regulations respecting Capitol grounds. See section 193j of this title.

Section 204, acts July 1, 1882, ch. 258, §11, 22 Stat. 127; Mar. 3, 1901, ch. 854, §890, 31 Stat. 1334, related to authority of Capitol Police Commission to suspend regulations. See section 193k of this title.

Section 205, act June 6, 1900, ch. 791, 31 Stat. 613, related to concerts in Capitol grounds. See section 193l of this title.

Offenses Committed Prior to July 31, 1946

Prosecution of offenses committed prior to repeal of sections 194 to 205, see section 15 of act July 31, 1946, set out as a note under section 193h of this title.

§206. Capitol Police; appointment; Chief of the Capitol Police

There shall be a Capitol police. There shall be a captain of the Capitol police and such other members with such rates of compensation, respectively, as may be appropriated for by Congress from year to year. The captain and lieutenants shall be selected jointly by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives; and one-half of the privates shall be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House of Representatives. The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board.

(R.S. §1821; Apr. 28, 1902, ch. 594, 32 Stat. 124; June 28, 1943, ch. 173, title I, 57 Stat. 230; Dec. 20, 1979, Pub. L. 96–152, §1(a), 93 Stat. 1099.)

Codification

Section is a composite of provisions cited in the credits.

R.S. §1821 derived from acts Mar. 2, 1867, ch. 167, §2, 14 Stat. 466; Mar. 3, 1873, ch. 226, 17 Stat. 488.

Amendments

1979—Pub. L. 96–152 inserted last sentence providing that the Capitol Police be headed by a Chief who shall be appointed by the Capitol Police Board and who shall serve at the pleasure of the Board.

Effective Date of 1979 Amendment

Section 7 of Pub. L. 96–152 provided that: “This Act [enacting section 206–1 of this title and amending this section] shall take effect on the first day of the second month after the month in which this Act is enacted [Dec. 1979].”

Selection of Privates

Similar provisions as to the selection of privates were contained in the following acts:

June 8, 1942, ch. 396, 56 Stat. 340.

July 1, 1941, ch. 268, 55 Stat. 456.

June 18, 1940, ch. 396, 54 Stat. 471.

June 16, 1939, ch. 208, 53 Stat. 831.

May 17, 1938, ch. 236, 52 Stat. 389.

May 18, 1937, ch. 223, 50 Stat. 178.

Apr. 17, 1936, ch. 233, 49 Stat. 1223.

July 8, 1935, ch. 374, 49 Stat. 468.

May 30, 1934, ch. 372, 48 Stat. 826.

Feb. 28, 1933, ch. 134, 47 Stat. 1359.

June 30, 1932, ch. 314, 47 Stat. 390.

Feb. 20, 1931, ch. 234, 46 Stat. 1182.

June 6, 1930, ch. 407, 46 Stat. 512.

Feb. 28, 1929, ch. 367, 45 Stat. 1394.

May 14, 1928, ch. 551, 45 Stat. 524.

Feb. 23, 1927, ch. 168, 44 Stat. 1154.

May 13, 1926, ch. 294, 44 Stat. 545.

Mar. 4, 1925, ch. 549, 43 Stat. 1294.

June 7, 1924, ch. 303, 43 Stat. 586.

Feb. 20, 1923, ch. 98, 42 Stat. 1272.

Mar. 20, 1922, ch. 103, 42 Stat. 422.

Capitol Police Positions Under the Senate

Section 116 of Pub. L. 97–51, Oct. 1, 1981, 95 Stat. 963, which is classified to section 61f–7 of Title 2, The Congress, abolished all statutory positions in Office of the Sergeant at Arms and Doorkeeper of the Senate, and authorized the Sergeant at Arms and Doorkeeper of the Senate to establish such numbers of positions as he deems appropriate and fix the compensation of employees to fill the positions so established. Previously, Capitol Police positions under the Senate were authorized by the following acts:

Sept. 30, 1978, Pub. L. 95–391, title I, 92 Stat. 765.

May 4, 1977, Pub. L. 95–26, title I, 91 Stat. 81.

July 25, 1975, Pub. L. 94–59, title I, 89 Stat. 271.

Aug. 13, 1974, Pub. L. 93–371, 88 Stat. 425.

Nov. 1, 1973, Pub. L. 93–145, 87 Stat. 530.

July 9, 1971, Pub. L. 92–51, 85 Stat. 127.

Aug. 18, 1970, Pub. L. 91–382, 84 Stat. 809.

July 23, 1968, Pub. L. 90–417, 82 Stat. 399.

July 28, 1967, Pub. L. 90–57, 81 Stat. 128.

Aug. 27, 1966, Pub. L. 89–545, 80 Stat. 355.

July 31, 1958, Pub. L. 85–570, 72 Stat. 440.

Mar. 28, 1958, Pub. L. 85–352, ch. VI, 72 Stat. 57.

June 27, 1956, ch. 453, 70 Stat. 357.

July 31, 1947, ch. 414, 61 Stat. 695.

July 1, 1946, ch. 530, 60 Stat. 391.

Capitol Police Positions Under the House of Representatives

Capitol Police positions under the House of Representatives were authorized by the following acts:

House Resolution No. 294, One Hundred First Congress, Nov. 17, 1989, made permanent law Nov. 5, 1990, Pub. L. 101–520, title I, §103, 104 Stat. 2262.

House Resolution No. 320, Ninety-ninth Congress, Nov. 14, 1985, made permanent law by section 102 of H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99–500, Oct. 18, 1986, 100 Stat. 1783–287, and section 101(j) of Pub. L. 99–591, Oct. 30, 1986, 100 Stat. 3341–287, as amended by Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425, to be effective as if enacted into law.

House Resolution No. 343, Ninety-eighth Congress, Oct. 26, 1983, made permanent law July 17, 1984, Pub. L. 98–367, title I, §103, 98 Stat. 479.

House Resolution No. 625, Ninety-seventh Congress, Dec. 9, 1982, made permanent law July 14, 1983, Pub. L. 98–51, title I, §110, 97 Stat. 269.

House Resolution No. 244, Ninety-seventh Congress, Dec. 16, 1981, made permanent law by section 109 of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97–276, Oct. 2, 1982, 96 Stat. 1189, to be effective as if enacted into law.

House Resolution No. 229, Ninety-sixth Congress, May 4, 1979, made permanent law by section 101 of H.R. 7593, as passed the House of Representatives July 21, 1980, and incorporated by reference in section 101(c) of Pub. L. 96–536, Dec. 16, 1980, 94 Stat. 3167, to be effective as if enacted into law.

House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, made permanent law Sept. 30, 1978, Pub. L. 95–391, title I, §111, 92 Stat. 777.

House Resolution No. 360, Ninety-fourth Congress, Mar. 26, 1975, made permanent law July 25, 1975, Pub. L. 94–59, title II, §201, 89 Stat. 282.

House Resolution No. 398, Ninety-third Congress, June 4, 1973, made permanent law Jan. 3, 1974, Pub. L. 93–245, ch. VI, 87 Stat. 1079.

House Resolution No. 449, Ninety-second Congress, June 2, 1971, made permanent law Dec. 15, 1971, Pub. L. 92–184, ch. IV, 85 Stat. 636.

House Resolution No. 1293, Ninety-first Congress, Dec. 17, 1970, as readopted and continued with respect to the Ninety-second Congress without break in application and effect by section 1 of House Resolution No. 150, Ninety-second Congress, Jan. 25, 1971, made permanent law July 9, 1971, Pub. L. 92–51, §103, 85 Stat. 144.

House Resolution No. 1211, Ninetieth Congress, Oct. 11, 1968, made permanent law Dec. 12, 1969, Pub. L. 91–145, §103, 83 Stat. 359.

House Resolution No. 464, Ninetieth Congress, May 11, 1967, made permanent law July 9, 1968, Pub. L. 90–392, title I, 82 Stat. 318.

House Resolution No. 796, Eighty-ninth Congress, June 29, 1966, made permanent law Oct. 27, 1966, Pub. L. 89–697, ch. VI, 80 Stat. 1063.

House Resolution No. 648, Eighty-eighth Congress, June 2, 1964, made permanent law July 9, 1971, Pub. L. 92–51, §103, 85 Stat. 144.

House Resolution No. 448, Eighty-fourth Congress, May 8, 1956, made permanent law June 27, 1956, ch. 453, §103, 70 Stat. 370.

July 1, 1946, ch. 530, 60 Stat. 395.

Capitol Police Civilian Support Positions With Respect to the House of Representatives

House Resolution No. 199, One Hundred Second Congress, Aug. 1, 1991, made permanent law Pub. L. 102–392, title I, §102, Oct. 6, 1992, 106 Stat. 1710, authorized Committee on House Administration of the House of Representatives to establish 114 civilian support positions for the Capitol Police, provided for functions, compensation, and classification of positions, provided procedures for appointments to positions and that as each position was filled there would be abolished one position of private on Capitol Police, provided that positions would be filled by individuals in Capitol Police positions so abolished, that all positions would be filled by the end of the One Hundred Second Congress, and that at least 50 of such positions would be filled not later than the end of the first session of such Congress, and authorized Committee on House Administration to prescribe regulations to carry out this provision.

Director of Employment Practices Under Capitol Police Board

House Resolution No. 420, One Hundred First Congress, June 26, 1990, made permanent law Pub. L. 101–520, title I, §105, Nov. 5, 1990, 104 Stat. 2262, established the position of Director of Employment Practices with respect to members of the Capitol Police, at the appropriate rate of pay under level HS–11 of the House Employees Schedule, with payment from contingent fund of the House of Representatives or from amounts appropriated for the Capitol Police, such appointment to be made by the Capitol Police Board, subject to prior approval of the Committee on House Administration, without regard to political affiliation and solely on basis of fitness to perform functions of the position.

General Counsel to Chief of Capitol Police

House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, made permanent law Pub. L. 95–391, title I, §111, Sept. 30, 1978, 92 Stat. 777, established the position of General Counsel to the Chief of the Capitol Police, for duty under the House of Representatives, at a per annum gross rate of compensation which is equal to the rate in effect from time to time for HS level 10, step 1, of the House Employees Schedule, such appointment to be made by the Capitol Police Board, subject to the prior approval of the Committee on House Administration, without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.

Cross References

Library of Congress special police, see section 167 of Title 2, The Congress.

Removal or suspension of Capitol police officer, see section 208 of this title.

Secret Service Uniformed Division, see section 202 et seq. of Title 3, The President.

Supreme Court Police, see section 13f of this title.

§206–1. Capitol Police; compensation of Chief

The Chief of the Capitol Police shall receive compensation at a rate determined by the Capitol Police Board, but not to exceed the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5.

(Pub. L. 96–152, §1(c), Dec. 20, 1979, 93 Stat. 1099.)

Effective Date

Section effective Feb. 1, 1980, see section 7 of Pub. L. 96–152, set out as an Effective Date of 1979 Amendment note under section 206 of this title.

§§206a to 206a–8. Omitted

Codification

Sections, which related to establishment of additional positions on the Capitol Police for duty under the House of Representatives, were based on House Resolutions that were made permanent law, and have been omitted as of limited interest. These House Resolutions and the acts that made them permanent law are listed in a note set out under section 206 of this title.

§206b. Emergency duty overtime pay for Capitol Police from funds disbursed by the Clerk of the House of Representatives

(a) Entitlement of officer or member

Each officer or member of the United States Capitol Police force—

(1) whose pay is disbursed by the Clerk of the House of Representatives; and

(2) who performs duty in addition to the number of hours of his regularly scheduled tour of duty beginning on or after July 1, 1974;


is entitled (subject to such rules and regulations as the Capitol Police Board may prescribe) to receive compensation as a result of performing such duty pursuant to the order of proper authority, or to receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to receive such compensation only upon a determination of the Capitol Police Board with respect to the additional hours of duty of such officer.

(b) Determination of rate of compensation

Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to—

(1) in the case of an officer, his hourly rate of compensation; or

(2) in the case of a member, one and one-half times his hourly rate of compensation.


The hourly rate of compensation of an officer or member shall be determined by dividing the annual rate of compensation of the officer or member by 2,080.

(c) Written election by officer for compensation or compensatory time off for additional hours of duty

Any officer or member entitled to receive compensation for additional hours of duty shall make a written election with respect to his additional hours of duty which shall designate whether such officer or member desires to receive—

(1) compensation for additional hours of duty; or

(2) compensatory time off for additional hours of duty subject to approval of the Chief and the Capitol Police Board.

(d) Certification procedure for additional compensation

Compensation which officers and members are entitled to receive under this section shall be made upon certification by the Chief of the Capitol Police at the end of each calendar quarter to the Capitol Police Board, and upon the transmission of approval from the Capitol Police Board to the Committee on House Administration of the House of Representatives.

(e) Transfer of accrued compensatory time off or receipt of lump-sum payment upon termination of service

No officer or member may, upon the termination of his service as an officer or member of the United States Capitol Police force, transfer accrued compensatory time off for application with respect to his employment by any other department, agency, or establishment of the Federal Government or the District of Columbia. No officer or employee may, upon such termination, receive any lump-sum payment with respect to such accrued compensatory time off.

(f) Definitions

For purposes of this section—

(1) the term “officer” includes all personnel of the rank of lieutenant or higher, including inspector; and

(2) the term “member” includes all personnel below the rank of lieutenant, including detectives.

(g) Contingent fund of House available for payment of overtime pay

There shall be paid out of the contingent fund of the House of Representatives, until otherwise provided by law, such sums as may be necessary to make payments of overtime pay under the provisions of this section.

(Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636; Pub. L. 93–245, ch. VI, §600, Jan. 3, 1974, 87 Stat. 1079; Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.)

Codification

Section is based on sections 3 and 5 of House Resolution No. 449, June 2, 1971, which was enacted into permanent law by Pub. L. 92–184, as amended by House Resolution No. 398, June 4, 1973, eff. Jan. 3, 1974, which was enacted into permanent law by Pub. L. 93–245, and House Resolution No. 1309, Oct. 10, 1974, eff. Dec. 27, 1974, which was enacted into permanent law by Pub. L. 93–554.

Subsec. (g) of this section was originally enacted as section 3 of House Res. No. 1309 and has been editorially redesignated as subsec. (g) in view of the enactment into permanent law of section 5 of House Res. No. 449 as the concluding paragraph of original section.

Change of Name

Committee on House Administration of House of Representatives changed to Committee on House Oversight of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Transfer of Functions

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

§206c. Emergency duty overtime pay for Capitol Police from funds disbursed by Secretary of the Senate; compensatory time off in place of additional pay; election, accrual and transfer of time off; rules and regulations

Each officer or member of the Capitol Police force whose compensation is disbursed by the Secretary of the Senate, who performs duty in addition to the number of hours of his regularly scheduled tour of duty for any day on or after July 1, 1974, is entitled to be paid compensation (when ordered to perform such duty by proper authority) or receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to such compensation only upon a determination made by the Capitol Police Board with respect to any additional hours. Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to his hourly rate of compensation in the case of an officer, and at a rate equal to one and one-half times his hourly rate of compensation for a member of such force. The hourly rate of compensation of such officer or member shall be determined by dividing his annual rate of compensation by 2,080. Any officer or member entitled to be paid compensation for such additional hours shall make a written election, which is irrevocable, whether he desires to be paid that compensation or to receive compensatory time off instead for each such hour. Compensation due officers and members under this paragraph shall be paid by the Secretary, upon certification by the Chief of the Capitol Police at the end of each calendar quarter and approval of the Capitol Police Board, from funds available in the Senate appropriation, “Salaries, Officers and Employees” for the fiscal year in which the additional hours of duty are performed without regard to the limitations specified therein. Any compensatory time off accrued and not used by an officer or member at the time he is separated from service on the Capitol Police force may not be transferred to any other department, agency, or establishment of the United States Government or the government of the District of Columbia, and no lump-sum amount shall be paid for such accrued time. The Capitol Police Board is authorized to prescribe regulations to carry out this section.

(Pub. L. 92–51, July 9, 1971, 85 Stat. 130; Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93–371, §5, Aug. 13, 1974, 88 Stat. 430.)

Amendments

1974—Pub. L. 93–371 generally amended provisions relating to payment of emergency duty overtime pay and inserted provisions relating to election by officers or members entitled to compensation for additional duty of either payment of such compensation or compensatory time off in place of any additional pay, and provisions setting forth duties of the Capitol Police Board with respect to approval of additional compensation payments and promulgation of rules and regulations for implementing this section, effective July 1, 1974.

1973—Pub. L. 93–145 inserted “inspectors,” before “captains”.

§207. Payment of Capitol Police

The said police shall be paid on the order of the Sergeant at Arms of the Senate and the Sergeant at Arms of the House, or of either of them.

(R.S. §1822.)

Codification

Provisions of R.S. §1822 relating to composition and pay rates of the Capitol police were omitted as obsolete and superseded.

R.S. §1822 derived from acts Mar. 30, 1867, ch. 20, §1, 15 Stat. 11; Mar. 3, 1871, ch. 113, §1, 16 Stat. 477.

Cross References

Pay during suspension, see section 209 of this title.

§207a. Unified payroll administration for Capitol Police

Payroll administration for the Capitol Police and civilian support personnel of the Capitol Police shall be carried out on a unified basis by a single disbursing authority. The Capitol Police Board, with the approval of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, acting jointly, shall, by contract or otherwise, provide for such unified payroll administration.

(July 31, 1946, ch. 707, §9C, as added Oct. 6, 1992, Pub. L. 102–397, title I, §102, 106 Stat. 1950.)

Change of Name

Committee on House Administration of House of Representatives changed to Committee on House Oversight of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Effective Date

Section 104 of Pub. L. 102–397, as amended by Pub. L. 102–392, title III, §321, Oct. 6, 1992, 106 Stat. 1726, provided that: “The unified payroll administration under the amendment made by section 102 [enacting this section] shall apply with respect to pay periods beginning after September 30, 1993.”

[Section 321 of Pub. L. 102–392 provided that the amendment made by that section to section 104 of Pub. L. 102–397, set out above, is effective Oct. 6, 1992.]

Lump-Sum Payment

Title II of Pub. L. 102–397 provided that:

“SEC. 201. DEFINITIONS.

“For the purpose of this title—

“(1) the term ‘officer’ includes all personnel of the rank of lieutenant or higher, including inspector;

“(2) the term ‘member’ includes all personnel below the rank of lieutenant, including detectives; and

“(3) the term ‘Clerk of the House of Representatives’ or ‘Clerk’ includes a successor in function to the Clerk.

“SEC. 202. LUMP-SUM PAYMENT FOR ACCUMULATED AND CURRENT ACCRUED ANNUAL LEAVE.

“An officer or member of the United States Capitol Police who separates from service within the 2-year period beginning on the date of the enactment of this title [Oct. 6, 1992] and who, at the time of separation, satisfies the age and service requirements for title to an immediate annuity under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, shall be entitled to receive a lump-sum payment for the accumulated and current accrued annual leave to which that individual is entitled, but only to the extent that such leave is attributable to service performed by such individual as an officer or member of the Capitol Police.

“SEC. 203. PROCEDURES.

“(a) In General.—A payment under this title shall be paid—

“(1) in the case of an officer or member whose pay (for service last performed before separation) is disbursed by the Clerk of the House of Representatives—

“(A) by the Clerk;

“(B) after appropriate certification is made to the Clerk by the Sergeant at Arms of the House of Representatives; and

“(C) out of funds available to pay the salaries of officers and members of the Capitol Police whose pay is disbursed by the Clerk; and

“(2) in the case of an officer or member whose pay (for service last performed before separation) is disbursed by the Secretary of the Senate—

“(A) by the Secretary of the Senate;

“(B) after appropriate certification is made to the Secretary of the Senate by the Sergeant at Arms and Doorkeeper of the Senate; and

“(C) out of funds available to pay the salaries of officers and members of the Capitol Police whose pay is disbursed by the Secretary of the Senate.

“(b) Certification.—Any certification under subsection (a)(1)(B) or (a)(2)(B) shall state the total of the accumulated and current accrued annual leave, to the credit of the officer or member involved, which may be taken into account for purposes of a computation under subsection (c).

“(c) Computation.—(1) The amount of a lump-sum payment under this title shall be determined by multiplying the hourly rate of basic pay of the officer or member involved by the number of hours certified with respect to such officer or member in accordance with the preceding provisions of this section.

“(2) The hourly rate of basic pay of an officer or member shall, for purposes of this title, be determined by dividing 2,080 into the annual rate of basic pay last payable to such officer or member before separating.

“(d) Treatment as Pay.—A lump-sum payment under this title shall be considered to be pay for taxation purposes only.

“(e) Clarification.—For purposes of this title, the terms ‘officer’ and ‘member’ may not be construed to include any civilian employee.”

§208. Suspension of Capitol Police members

The captain of the Capitol police may suspend any member of the force, subject to the approval of the two Sergeants at Arms and of the Architect of the Capitol.

(R.S. §1823; Mar. 3, 1921, ch. 124, §1, 41 Stat. 1291.)

Codification

R.S. §1823 derived from acts Mar. 3, 1873, ch. 226, 17 Stat. 488; June 20, 1874, ch. 328, 18 Stat. 86; Mar. 3, 1875, ch. 129, 18 Stat. 345.

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

§209. Pay of Capitol Police members under suspension

On and after March 3, 1875, whenever a member of the Capitol police or watch force is suspended from duty for cause, said policeman or watchman shall receive no compensation for the time of such suspension if he shall not be reinstated.

(Mar. 3, 1875, ch. 129, 18 Stat. 345.)

Codification

Section is based on a proviso in act Mar. 3, 1875, popularly known as the “Legislature, Executive, and Judicial Appropriation Act, fiscal year 1876”.

§210. Uniform, belts and arms; Capitol Police

The Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives shall select and regulate the pattern for a uniform for the Capitol police and watchmen, and furnish each member of the force with the necessary belts and arms, payable out of the contingent fund of the Senate and House of Representatives upon the certificate of the officers above named. Such arms so furnished shall be carried by each officer and member of the Capitol Police, while in the Capitol Buildings (as defined in section 193m(a)(1) of this title), and while within or outside of the boundaries of the United States Capitol Grounds (as defined in section 193a of this title), in such manner and at such times as the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives may, by regulations, prescribe.

(R.S. §1824; Pub. L. 92–607, ch. V, §507, Oct. 31, 1972, 86 Stat. 1508; Pub. L. 95–26, title I, §112, May 4, 1977, 91 Stat. 87.)

Codification

R.S. §1824 derived from act Mar. 30, 1867, ch. 20, §1, 15 Stat. 11.

Amendments

1977—Pub. L. 95–26 struck out “at a cost not to exceed twenty dollars per man,” after “furnish each member of the force with the necessary belts and arms,”.

1972—Pub. L. 92–607 directed that the arms be carried in the Capitol Buildings and within and without the boundaries of the United States Capitol Grounds according to regulations prescribed by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives.

§210a. Uniforms to display United States flag or colors

(a) The uniform of officers and members of the United States Park Police force, the United States Secret Service Uniformed Division, the Capitol Police, and the Metropolitan Police force of the District of Columbia shall bear a distinctive patch, pin, or other emblem depicting the flag of the United States or the colors thereof.

(b) The Secretary of the Interior in the case of the United States Park Police force, the Secretary of the Treasury in the case of the United States Secret Service Uniformed Division, the Capitol Police Board in the case of the Capitol Police, and the Mayor of the District of Columbia in the case of the Metropolitan Police force shall prescribe such regulations as may be necessary to carry out the purposes of this section.

(Pub. L. 91–297, title II, §201(a), (b), June 30, 1970, 84 Stat. 357; Pub. L. 93–198, title IV, §421, Dec. 24, 1973, 87 Stat. 789; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371.)

Codification

Section is also set out in D.C. Code, §4–127.

Amendments

1977—Pub. L. 95–179 substituted “United States Secret Service Uniformed Division” for “Executive Protective Service” wherever appearing.

Effective Date

Section 201(c) of Pub. L. 91–297 provided that: “This section [enacting this section] shall take effect one hundred and eighty days after the date of enactment of this title [June 30, 1970].”

Transfer of Functions

Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in text for “commissioner”.

§211. Uniform; at whose expense; Capitol Police

The members of the Capitol police shall furnish, at their own expense, each his own uniform, which shall be in exact conformity to that required by regulation of the Sergeants at Arms.

(R.S. §1825.)

Codification

R.S. §1825 derived from act July 20, 1868, ch. 176, §1, 15 Stat. 94.

§212. Wearing uniform on duty; Capitol Police

The officers, privates, and watchmen of the Capitol police shall, when on duty, wear the regulation uniform.

(Mar. 18, 1904, ch. 716, §1, 33 Stat. 89.)

Similar Provisions

The text of this section was taken from act Mar. 18, 1904, popularly known as the “Legislative, Executive and Judicial Appropriation Act for the fiscal year ending June 30, 1905”. The provisions have not been repeated since that act, but were contained in the following prior appropriation acts:

Feb. 25, 1903, ch. 755, §1, 32 Stat. 857.

Mar. 3, 1901, ch. 830, §1, 31 Stat. 963.

§212a. Policing of Capitol Buildings and Grounds; powers of Capitol Police; arrests by Capitol Police for crimes of violence; arrests by District of Columbia police

The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of sections 193a to 193m, 212a, 212a–2, and 212b of this title and regulations promulgated under section 212b of this title, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States, of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto: Provided, That for the fiscal year for which appropriations are made by this Act the Capitol Police shall have the additional authority to make arrests within the District of Columbia for crimes of violence, as defined in section 16 of title 18, committed within the Capitol Buildings and Grounds and shall have the additional authority to make arrests, without a warrant, for crimes of violence, as defined in section 16 of title 18, committed in the presence of any member of the Capitol Police performing official duties: Provided further, That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the United States Capitol Buildings and Grounds for any violation of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds. For the purpose of this section, the word “grounds” shall include the House Office Buildings parking areas and that part or parts of property which have been or hereafter are acquired in the District of Columbia by the Architect of the Capitol, or by an officer of the Senate or the House, by lease, purchase, intergovernment transfer, or otherwise, for the use of the Senate, the House, or the Architect of the Capitol.

(July 31, 1946, ch. 707, §9, 60 Stat. 719; Dec. 24, 1973, Pub. L. 93–198, title VII, §739(g)(4), (5), 87 Stat. 829; Nov. 5, 1990, Pub. L. 101–520, title I, §106, formerly §106(a), 104 Stat. 2264, renumbered §106 and amended Oct. 6, 1992, Pub. L. 102–392, title III, §310, 106 Stat. 1723; Oct. 6, 1992, Pub. L. 102–397, title I, §103, 106 Stat. 1950.)

References in Text

This Act, referred to in text, probably means Pub. L. 101–520, Nov. 5, 1990, 104 Stat. 2254, known as the Legislative Branch Appropriations Act, 1991, which amended this section generally. For complete classification of this Act to the Code, see Tables.

Codification

Section is also set out in D.C. Code, §9–115.

Amendments

1992—Pub. L. 102–392 and Pub. L. 102–397 amended directory language of Pub. L. 101–520 identically. See 1990 Amendment note below.

1990—Pub. L. 101–520, as amended by Pub. L. 102–392 and Pub. L. 102–397, amended section generally. Prior to amendment, section read as follows: “The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of sections 193a to 193m, 212a, 212a–2, and 212b of this title and regulations promulgated under section 212b of this title, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States, of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto: Provided, That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the United States Capitol Buildings and Grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds. For the purpose of this section, the word ‘grounds’ shall include the House Office Building parking area.”

1973—Pub. L. 93–198 inserted reference to violations of any law of the District of Columbia and struck out “, with the exception of the streets and roadways shown on the map referred to in section 193a of this title as being under the jurisdiction and control of the Commissioners of the District of Columbia” after “or to patrol the United States Capitol Buildings and Grounds”.

Effective Date of 1992 Amendments

Section 103 of Pub. L. 102–397 provided that the amendment made by that section is effective Nov. 5, 1990.

Section 310 of Pub. L. 102–392 provided that the amendment made by that section is effective Nov. 5, 1990.

Effective Date of 1973 Amendment

Section 771 of Pub. L. 93–198 provided that the amendment made by Pub. L. 93–198 is effective on Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974.

Jurisdiction of United States Capitol Police Over Temporary Parking Areas During Construction of Judiciary Annex Building

Pub. L. 101–302, title III, §313, May 25, 1990, 104 Stat. 245, provided that:

“(a) The supervision and jurisdiction of the United States Capitol Police shall extend over any area with respect to which the Architect of the Capitol has contracted, or otherwise entered into an agreement, for parking space in the Union Station parking garage to accommodate personnel of the United States Senate whose parking privileges have been affected by the construction of the Judiciary Annex Building, and over any area and streets necessary to carry out such supervision and to travel between such parking area and the United States Capitol Grounds.

“(b) In carrying out such supervision, the United States Capitol Police shall have, within any such area or street, jurisdiction, concurrent with that of the Metropolitan Police of the District of Columbia, to provide security for such personnel and property of such personnel and of the United States Senate within such area or street, and to make arrests for the violation of the laws and regulations of the United States and the District of Columbia.

“(c) The provisions of subsections (a) and (b) shall be effective only during the period that there is in effect a contract or other agreement as referred to in subsection (a).”

Extension of United States Capitol Police Supervision

Pub. L. 95–175, Nov. 14, 1977, 91 Stat. 1362, provided: “That the supervision of the United States Capitol Police shall extend over that part or parts of the premises located at 600 Pennsylvania Avenue, Southeast, Washington, District of Columbia, leased by the Office of Technology Assessment. In carrying out such supervision, the United States Capitol Police shall have within such part or parts jurisdiction, concurrent with that of the Metropolitan Police of the District of Columbia, to provide security for the personnel and property of the Office of Technology Assessment within such leased premises, and to make arrest therein for the violation of the laws and regulations of the United States and the District of Columbia.”

Police Motor Vehicles Used by Instructor Personnel While on Assignment to Federal Law Enforcement Training Center

Pub. L. 95–26, title I, §113, May 4, 1977, 91 Stat. 87, provided that: “The Chairman of the Capitol Police Board is authorized, subject to such conditions as he may impose, to authorize the assignment of a police motor vehicle for use by instructor personnel of the Capitol Police Force while assigned to the Federal Law Enforcement Training Center.”

Cross References

Definition of Capitol buildings, see section 193m of this title.

Sergeants at Arms of Senate and House of Representatives, power to arrest and detain persons violating certain regulations, see section 193 of this title.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193h, 193i, 193l, 193m of this title.

§212a–1. Capitol Grounds and Library of Congress Grounds; detail of police

The Capitol Police Board is authorized to detail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds.

(Pub. L. 96–432, §5, Oct. 10, 1980, 94 Stat. 1853.)

Codification

Provisions of this section were enacted as permanent law in Pub. L. 96–432. Similar fiscal year provisions were contained in the appropriation acts cited below and have not been repeated since 1983.

Similar Provisions

Provisions similar to those in this section were contained in the following appropriation acts:

July 14, 1983, Pub. L. 98–51, title I, §112, 97 Stat. 271.

Oct. 2, 1982, Pub. L. 97–276, §101(e) [S. 2939, title I], 96 Stat. 1189.

Oct. 10, 1981, Pub. L. 97–51, §101(c) [H.R. 4120, title I], 95 Stat. 959.

Dec. 16, 1980, Pub. L. 96–536, §101(c) [H.R. 7593, title I], 94 Stat. 3167.

Sept. 30, 1978, Pub. L. 95–391, title I, 92 Stat. 780.

Aug. 5, 1977, Pub. L. 95–94, title I, 91 Stat. 671.

Oct. 1, 1976, Pub. L. 94–440, title III, 90 Stat. 1451.

July 25, 1975, Pub. L. 94–59, title III, 89 Stat. 285.

Aug. 13, 1974, Pub. L. 93–371, 88 Stat. 436.

Nov. 1, 1973, Pub. L. 93–145, 87 Stat. 539.

July 10, 1972, Pub. L. 92–342, 86 Stat. 441.

July 9, 1971, Pub. L. 92–51, 85 Stat. 136.

Aug. 18, 1970, Pub. L. 91–382, 84 Stat. 817.

Dec. 12, 1969, Pub. L. 91–145, 83 Stat. 350.

July 23, 1968, Pub. L. 90–417, 82 Stat. 406.

July 28, 1967, Pub. L. 90–57, 81 Stat. 135.

Aug. 27, 1966, Pub. L. 89–545, 80 Stat. 363.

July 27, 1965, Pub. L. 89–90, 79 Stat. 275.

Aug. 20, 1964, Pub. L. 88–454, 78 Stat. 544.

Dec. 30, 1963, Pub. L. 88–248, 77 Stat. 811.

Oct. 2, 1962, Pub. L. 87–730, §104, 76 Stat. 694.

Aug. 10, 1961, Pub. L. 87–130, §104, 75 Stat. 334.

July 12, 1960, Pub. L. 86–628, §104, 74 Stat. 460.

Aug. 21, 1959, Pub. L. 86–176, §104, 73 Stat. 412.

July 31, 1958, Pub. L. 85–570, §104, 72 Stat. 453.

July 1, 1957, Pub. L. 85–75, §104, 71 Stat. 256.

June 27, 1956, ch. 453, §104, 70 Stat. 370.

Aug. 5, 1955, ch. 568, §104, 69 Stat. 520.

July 2, 1954, ch. 455, title I, §104, 68 Stat. 409.

Aug. 1, 1953, ch. 304, title I, §106, 67 Stat. 332.

July 9, 1952, ch. 598, §106, 66 Stat. 478.

Oct. 11, 1951, ch. 485, §106, 65 Stat. 403.

Sept. 6, 1950, ch. 896, §106, 64 Stat. 608.

June 22, 1949, ch. 235, §106, 63 Stat. 230.

June 14, 1948, ch. 467, §106, 62 Stat. 437.

July 17, 1947, ch. 262, §106, 61 Stat. 377.

July 1, 1946, ch. 530, §106, 60 Stat. 408.

June 13, 1945, ch. 189, §106, 59 Stat. 259.

June 26, 1944, ch. 277, title I, §105, 58 Stat. 354.

June 28, 1943, ch. 173, title I, 57 Stat. 230.

June 8, 1942, ch. 396, 56 Stat. 340.

July 1, 1941, ch. 268, 55 Stat. 456.

June 18, 1940, ch. 396, 54 Stat. 471.

June 16, 1939, ch. 208, 53 Stat. 831.

May 17, 1938, ch. 236, 52 Stat. 390.

§212a–2. Protection of Members of Congress, officers of Congress, and members of their families

(a) Authority of the Capitol Police

Subject to the direction of the Capitol Police Board, the United States Capitol Police is authorized to protect, in any area of the United States, the person of any Member of Congress, officer of the Congress, as defined in section 60–1(b) of title 2, and any member of the immediate family of any such Member or officer, if the Capitol Police Board determines such protection to be necessary.

(b) Detail of police

In carrying out its authority under this section, the Capitol Police Board, or its designee, is authorized, in accordance with regulations issued by the Board pursuant to this section, to detail, on a case-by-case basis, members of the United States Capitol Police to provide such protection as the Board may determine necessary under this section.

(c) Arrest of suspects

In the performance of their protective duties under this section, members of the United States Capitol Police are authorized (1) to make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and (2) to utilize equipment and property of the Capitol Police.

(d) Fines and penalties

Whoever knowingly and willfully obstructs, resists, or interferes with a member of the Capitol Police engaged in the performance of the protective functions authorized by this section, shall be fined not more than $300 or imprisoned not more than one year, or both.

(e) Construction of provisions

Nothing contained in this section shall be construed to imply that the authority, duty, and function conferred on the Capitol Police Board and the United States Capitol Police are in lieu of or intended to supersede any authority, duty, or function imposed on any Federal department, agency, bureau, or other entity, or the Metropolitan Police of the District of Columbia, involving the protection of any such Member, officer, or family member.

(f) “United States” defined

As used in this section, the term “United States” means each of the several States of the United States, the District of Columbia, and territories and possessions of the United States.

(July 31, 1946, ch. 707, §9A, as added Dec. 29, 1981, Pub. L. 97–143, §1(a), 95 Stat. 1723.)

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193h, 193i, 193k, 193l, 193m, 212a of this title.

§212a–3. Law enforcement authority of Capitol Police

(a) Scope

Subject to such regulations as may be prescribed by the Capitol Police Board and approved by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, a member of the Capitol Police shall have authority to make arrests and otherwise enforce the laws of the United States, including the laws of the District of Columbia—

(1) within the District of Columbia, with respect to any crime of violence committed within the United States Capitol Grounds;

(2) within the District of Columbia, with respect to any crime of violence committed in the presence of the member, if the member is in the performance of official duties when the crime is committed;

(3) within the District of Columbia, to prevent imminent loss of life or injury to person or property, if the officer is in the performance of official duties when the authority is exercised; and

(4) within the area described in subsection (b) of this section.

(b) Area

The area referred to in subsection (a)(4) of this section is that area bounded by the north curb of H Street from 3rd Street, N.W. to 7th Street, N.E., the east curb of 7th Street from H Street, N.E., to M Street, S.E., the south curb of M Street from 7th Street, S.E. to 1st Street, S.E., the east curb of 1st Street from M Street, S.E. to Potomac Avenue S.E., the southeast curb of Potomac Avenue from 1st Street, S.E. to South Capitol Street, S.W., the west curb of South Capitol Street from Potomac Avenue, S.W. to P Street, S.W., the north curb of P Street from South Capitol Street, S.W. to 3rd Street, S.W., and the west curb of 3rd Street from P Street, S.W. to H Street, N.W.

(c) Authority of Metropolitan Police unaffected

This section does not affect the authority of the Metropolitan Police force of the District of Columbia with respect to the area described in subsection (b) of this section.

(d) “Crime of violence” defined

As used in this section, the term “crime of violence” has the meaning given that term in section 16 of title 18.

(July 31, 1946, ch. 707, §9B, as added Oct. 6, 1992, Pub. L. 102–397, title I, §101, 106 Stat. 1949.)

Codification

Section is also set out in D.C. Code, §9–115.2.

Change of Name

Committee on House Administration of House of Representatives changed to Committee on House Oversight of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

§212b. Regulation of traffic by Capitol Police Board

(a) Exclusive charge and control of all vehicular and other traffic

The Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, shall have exclusive charge and control of the regulation and movement of all vehicular and other traffic, including the parking and impounding of vehicles and limiting the speed thereof, within the United States Capitol Grounds; and said Board is authorized and empowered to make and enforce all necessary regulations therefor and to prescribe penalties for violation of such regulations, such penalties not to exceed a fine of $300 or imprisonment for not more than ninety days. Notwithstanding the foregoing provisions of this section those provisions of the District of Columbia Traffic Act of 1925, as amended [D.C. Code, §40–301 et seq. and 40–701 et seq.], for the violation of which specific penalties are provided in said Act, as amended, shall be applicable to the United States Capitol Grounds. Prosecutions for violation of such regulations shall be in the Superior Court of the District of Columbia, upon information by the Corporation Counsel of the District of Columbia or any of his assistants.

(b) Promulgation of regulations

Regulations authorized to be promulgated under this section shall be promulgated by the Capitol Police Board and such regulations may be amended from time to time by the Capitol Police Board whenever it shall deem it necessary: Provided, That until such regulations are promulgated and become effective, the traffic regulations of the District of Columbia shall be applicable to the United States Capitol Grounds.

(c) Printing of regulations and effective dates

All regulations promulgated under the authority of this section shall, when adopted by the Capitol Police Board, be printed in one or more of the daily newspapers published in the District of Columbia, and shall not become effective until the expiration of ten days after the date of such publication, except that whenever the Capitol Police Board deems it advisable to make effective immediately any regulation relating to parking, diverting of vehicular traffic, or the closing of streets to such traffic, the regulation shall be effective immediately upon placing at the point where it is to be in force conspicuous signs containing a notice of the regulation. Any expenses incurred under this subsection shall be payable from the appropriation “Uniforms and Equipment, Capitol Police”.

(d) Cooperation with Mayor of District of Columbia

It shall be the duty of the Mayor of the District of Columbia, or any officer or employee of the government of the District of Columbia designated by said Mayor upon request of the Capitol Police Board, to cooperate with the Board in the preparation of the regulations authorized to be promulgated under this section, and any future amendments thereof.

(July 31, 1946, ch. 707, §14, 60 Stat. 720; July 11, 1947, ch. 221, §§1, 2, 61 Stat. 308; Oct. 23, 1962, Pub. L. 87–873, §1, 76 Stat. 1171; July 8, 1963, Pub. L. 88–60, §1, 77 Stat. 77; 1967 Reorg. Plan No. 3, §401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; July 29, 1970, Pub. L. 91–358, title I, §155(a), 84 Stat. 570; Dec. 24, 1973, Pub. L. 93–198, title IV, §421, title VII, §739(g)(6), 87 Stat. 789, 829.)

References in Text

The District of Columbia Traffic Act of 1925, as amended, referred to in subsec. (a), is act Mar. 3, 1925, ch. 443, 43 Stat. 1119, as amended, which appears in chapter 3 (§40–301 et seq.) and chapter 7 (§40–701 et seq.) of Title 40, Motor Vehicles, of the District of Columbia Code.

Codification

Section is also set out in D.C. Code, §9–127.

Amendments

1973—Subsec. (a). Pub. L. 93–198, §739(g)(6), struck out “, except on those streets and roadways shown on the map referred to in section 193a of this title as being under the jurisdiction and control of the Commissioner of the District of Columbia”.

1947—Subsec. (b). Act July 11, 1947, §1, struck out reference to six months after July 31, 1946, as the time for promulgation of regulations and authorized amendment of regulations.

Subsec. (c). Act July 11, 1947, §2, authorized certain traffic regulations to be effective immediately upon placing conspicuous signs containing notice of regulations at the places affected thereby and inserted provision for payment of expenses.

Change of Name

“District of Columbia Court of General Sessions” changed to “Superior Court of the District of Columbia” pursuant to Pub. L. 91–358, which provided that such change is effective first day of seventh calendar month which begins after July 29, 1970.

Pub. L. 87–873, §1, Oct. 23, 1962, 76 Stat. 1171 and Pub. L. 88–60, §1, July 8, 1963, 77 Stat. 77, both redesignated the “Municipal Court for the District of Columbia” as the “District of Columbia Court of General Sessions”.

Effective Date of 1973 Amendment

Section 771 of Pub. L. 93–198 provided that the amendment made by Pub. L. 93–198 is effective on Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974.

Transfer of Functions

Except as otherwise provided in Reorg. Plan No. 3, of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in subsec. (d) for “commissioner”.

Section Referred to in Other Sections

This section is referred to in sections 136, 174b–1, 184a, 193h, 193i, 193m, 212a of this title.

§213. Repealed. July 31, 1946, ch. 707, §15, 60 Stat. 720

Section, act May 28, 1896, ch. 252, 29 Stat. 143, related to policing of Capitol buildings and grounds. See section 212a of this title.

Offenses Committed Prior to July 31, 1946

Prosecution of offenses committed prior to repeal of section, see section 15 of act July 31, 1946, set out as a note under section 193h of this title.

§213a. Omitted

Codification

Section, act July 1, 1946, ch. 530, §106, 60 Stat. 408, which authorized the Capitol Police Board to detail police for duty on the Capitol grounds, was omitted as not repeated in subsequent appropriation acts. See section 212a of this title.

Similar provisions were contained in the following prior appropriation acts:

June 13, 1945, ch. 189, §106, 59 Stat. 259.

June 26, 1944, ch. 277, title I, §105, 58 Stat. 354.

June 28, 1943, ch. 173, title I, 57 Stat. 230.

June 8, 1942, ch. 396, 56 Stat. 340.

July 1, 1941, ch. 268, 55 Stat. 456.

June 18, 1940, ch. 396, 54 Stat. 471.

June 16, 1939, ch. 208, 53 Stat. 831.

May 17, 1938, ch. 236, 52 Stat. 390.

§214. Protection of grounds

It shall be the duty of the Capitol police on and after April 29, 1876, to prevent any portion of the Capitol Grounds and terraces from being used as playgrounds or otherwise, so far as may be necessary to protect the public property, turf and grass from destruction or injury.

(Apr. 29, 1876, ch. 86, 19 Stat. 41.)

Codification

Section is also set out in D.C. Code, §9–107.

Applicability of Other Laws

Section as unaffected by sections 193a to 193l, 212a, 212a–2, and 212b of this title, see note under section 193a of this title.

§214a. Omitted

Codification

Section, Pub. L. 89–698, title IV, §401, Oct. 29, 1966, 80 Stat. 1072; 1967 Reorg. Plan No. 3, §401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Pub. L. 93–198, title IV, §421, Dec. 24, 1973, 87 Stat. 789, authorized the Architect of the Capitol to permit the Mayor of the District of Columbia to operate for recreational purposes only the land known as Square 732 in the District of Columbia as long as such land is not required for building or other purposes by the Architect. Pub. L. 89–260, Oct. 19, 1965, 79 Stat. 987, as amended, set out as a note under section 141 of Title 2, The Congress, authorized the construction in square 732 of the Library of Congress James Madison Memorial Building. Funds for construction were appropriated and the building was built.

§214b. Designation of Capitol grounds as play area for children of Members and employees of Senate or House of Representatives

(a) Authority of Capitol Police Board

Notwithstanding any other provision of law and subject to the provisions of paragraph (1) of subsection (b) of this section, the Capitol Police Board is authorized to designate certain portions of the Capitol grounds (other than a portion within the area bounded on the North by Constitution Avenue, on the South by Independence Avenue, on the East by First Street, and on the West by First Street) for use exclusively as play areas for the benefit of children attending a day care center which is established for the primary purpose of providing child care for the children of Members and employees of the Senate or the House of Representatives.

(b) Required approval; fences; termination of authority