1 Section catchline amended by Pub. L. 113–50 without corresponding amendment of chapter analysis.
2 Section catchline amended by Pub. L. 111–8 without corresponding amendment of chapter analysis.
All public buildings outside of the District of Columbia and outside of military reservations purchased or erected out of any appropriation under the control of the Administrator of General Services, and the sites of the public buildings, are under the exclusive jurisdiction and control, and in the custody of, the Administrator. The Administrator may take possession of the buildings and assign and reassign rooms in the buildings to federal officials, clerks, and employees that the Administrator believes should be furnished with offices or rooms in the buildings.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3101 | 40:285. | July 1, 1898, ch. 546, §1 (6th complete par. on p. 614), 30 Stat. 614. |
The word "subtreasuries" in the 6th complete paragraph on p. 614 of section 1 of the Act of July 1, 1898 (ch. 546, 30 Stat. 614), is omitted because section 1 (words in par. under heading "Independent Treasury") of the Act of May 29, 1914 (ch. 214, 41 Stat. 654) discontinued subtreasuries. The word "post-offices" in section 1 is omitted because section 1 of Executive Order No. 6166 (eff. June 10, 1933) transferred administration of post office buildings to the Post Office Department. The words "courthouses, customhouses, appraiser's stores, barge offices, and other" are omitted as unnecessary. The words "or are in course of construction" are omitted as obsolete. The words "Administrator of General Services" are substituted for "Treasury Department" and "Secretary of the Treasury" [subsequently changed to "Federal Works Agency" and "Federal Works Administrator" because of sections 301 and 303, respectively, of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
Pub. L. 104–52, title VI, §636, Nov. 19, 1995, 109 Stat. 507, known as the "Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act", required the Administrator of General Services and the head of each Federal agency to promulgate regulations, to be reported to Congress, prohibiting the sale of tobacco products in vending machines or distribution of free samples of tobacco products located in or around any Federal building under the jurisdiction of the Administrator or agency head, and provided that the appropriate congressional committees would promulgate regulations prohibiting tobacco sales in vending machines in certain congressional buildings.
The Administrator of General Services may name or otherwise designate any building under the custody and control of the General Services Administration, regardless of whether it was previously named by statute.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3102 | 40:298d. | June 16, 1949, ch. 218, title IV, §410, 63 Stat. 200; Pub. L. 85–542, July 18, 1958, 72 Stat. 399. |
The words "notwithstanding any other provision of law" and "rename" are omitted as unnecessary.
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3103(a) | 40:291 (1st sentence). | Dec. 10, 1941, ch. 563, 55 Stat. 796. |
3103(b) | 40:291 (last sentence). |
In subsection (a), the words "Seeing-eye dogs or other" are omitted as unnecessary. The words "or other service animals" are added, and the words "individuals with disabilities" are substituted for "blind masters", because of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and Part 39 of Title 28 of the Code of Federal Regulations, which expanded the coverage of the source provision to all service animals and to all individuals with disabilities.
Furniture for all new public buildings shall be acquired in accordance with plans and specifications approved by the Administrator of General Services.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3104 | 40:283. | May 27, 1908, ch. 200 1 [sic] (7th complete par. on p. 327), 35 Stat. 327. |
The words "Administrator of General Services" are substituted for "Supervising Architect of the Treasury" [subsequently changed to "Secretary of the Treasury" because of section 1 of Executive Order No. 6166 (eff. June 10, 1933) and to "Federal Works Administrator" because of section 301 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
No building owned, or used for public purposes, by the Federal Government shall be draped in mourning nor may public money be used for that purpose.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3105 | 40:286. | Mar. 3, 1893, ch. 211, §3, 27 Stat. 715. |
The words "On and after March 3, 1893" are omitted as obsolete.
(a)
(b)
(1)
(2)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3111(a) | 40:255 (1st par.). | R.S. §355 (1st–5th pars.); June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Pub. L. 91–393, §1, Sept. 1, 1970, 84 Stat. 835. |
3111(b) | 40:255 (2d, 3d pars.). | |
3111(c) | 40:255 (4th par.). | |
3111(d) | 40:255 (5th par.). |
In subsection (d), the words "in any manner" are omitted as unnecessary.
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3112(a) | 40:255 (last par. 1st sentence words before semicolon). | R.S. §355 (last par.); June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083. |
3112(b) | 40:255 (last par. 1st sentence words after semicolon). | |
3112(c) | 40:255 (last par. last sentence). |
Subsection (a) is substituted for 40:255 (last par. 1st sentence words before semicolon) to eliminate unnecessary words.
In subsection (b), the words "exclusive or partial" are omitted as unnecessary.
An officer of the Federal Government authorized to acquire real estate for the erection of a public building or for other public uses may acquire the real estate for the Government by condemnation, under judicial process, when the officer believes that it is necessary or advantageous to the Government to do so. The Attorney General, on application of the officer, shall have condemnation proceedings begun within 30 days from receipt of the application at the Department of Justice.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3113 | 40:257. | Aug. 1, 1888, ch. 728, §1, 25 Stat. 357; June 25, 1948, ch. 646, §6, 62 Stat. 986. |
The words "the Secretary of the Treasury or any other" are omitted as unnecessary. The reference to section 258 is omitted because 40:258 is superseded by rule 71A of the Federal Rules of Civil Procedure (28 App.: U.S.C.).
(a)
(1) a statement of the authority under which, and the public use for which, the land is taken;
(2) a description of the land taken that is sufficient to identify the land;
(3) a statement of the estate or interest in the land taken for public use;
(4) a plan showing the land taken; and
(5) a statement of the amount of money estimated by the acquiring authority to be just compensation for the land taken.
(b)
(1) title to the estate or interest specified in the declaration vests in the Government;
(2) the land is condemned and taken for the use of the Government; and
(3) the right to just compensation for the land vests in the persons entitled to the compensation.
(c)
(1)
(2)
(3)
(d)
(1) may fix the time within which, and the terms on which, the parties in possession shall be required to surrender possession to the petitioner; and
(2) may make just and equitable orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges.
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1145.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3114(a) | 40:258a (1st par.). | Feb. 26, 1931, ch. 307, §1, 46 Stat. 1421; Pub. L. 99–656, §1(1), Nov. 14, 1986, 100 Stat. 3668. |
3114(b) | 40:258a (2d par. 1st sentence words before 1st semicolon). | |
3114(c)(1) | 40:258a (2d par. 1st sentence words after 1st semicolon, last sentence). | |
3114(c)(2), (3) | 40:258a (3d par.). | |
3114(d) | 40:258a (last par.). | |
3114(e) | 40:258b. | Feb. 26, 1931, ch. 307, §2, 46 Stat. 1422. |
In subsection (a), before clause (1), the words "which has been or may be" are omitted as unnecessary.
In subsection (b)(1), the words "said lands in fee simple absolute, or such less" are omitted as unnecessary.
In subsection (b)(2), the words "deemed to be" are omitted as unnecessary.
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1146.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3115(a) | 40:258c. | Feb. 26, 1931, ch. 307, §3, 46 Stat. 1422. |
3115(b) | 40:258e. | Feb. 26, 1931, ch. 307, §5, 46 Stat. 1422; Pub. L. 91–393, §4, Sept. 1, 1970, 84 Stat. 835. |
In subsection (b), the words "possession of" are omitted as unnecessary.
(a)
(1)
(2)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1146.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3116(a) | 40:258e–1 (less last sentence). | Feb. 26, 1931, ch. 307, §6, as added Pub. L. 99–656, §1(2), Nov. 14, 1986, 100 Stat. 3668; Pub. L. 106–554, §1(a)(7) [§307(a)], Dec. 21, 2000, 114 Stat. 2763A–635. |
3116(b) | 40:258e–1 (last sentence). |
In any condemnation proceeding brought by or on behalf of the Federal Government, the Attorney General may stipulate or agree on behalf of the Government to exclude any part of the property, or any interest in the property, taken by or on behalf of the Government by a declaration of taking or otherwise.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1147.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3117 | 40:258f. | Oct. 21, 1942, ch. 618, 56 Stat. 797. |
The words "that may have been, or may be" are omitted as unnecessary.
The right to take possession and title in advance of final judgment in condemnation proceedings as provided by section 3114 of this title is in addition to any right, power, or authority conferred by the laws of the United States or of a State, territory, or possession of the United States under which the proceeding may be conducted, and does not abrogate, limit, or modify that right, power, or authority.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1147.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3118 | 40:258d. | Feb. 26, 1931, ch. 307, §4, 46 Stat. 1422. |
The words "State, territory, or possession of the United States" are substituted for "State or Territory" for consistency in the revised title and with other titles of the United States Code.
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(3)
(A) unless notice is given as provided in this subsection; and
(B) more than one year after the day on which notice is given.
(d)
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1147; Pub. L. 109–284, §6(8), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3131(a) | 40:270a(a) (words before cl. (1) related to definition). | Aug. 24, 1935, ch. 642, §1(a)–(c), 49 Stat. 793; Pub. L. 95–585, Nov. 2, 1978, 92 Stat. 2484; Pub. L. 103–355, title IV, §4104(b)(1)(B), Oct. 13, 1994, 108 Stat. 3342; Pub. L. 106–49, §2(a), Aug. 17, 1999, 113 Stat. 231. |
40:270d. | Aug. 24, 1935, ch. 642, §4, 49 Stat. 794. | |
3131(b) | 40:270a(a) (words before cl. (1) related to furnishing bond), (1), (2). | |
40:270d–1. | Aug. 24, 1935, ch. 642, §5, as added Pub. L. 103–355, title IV, §4104(b)(1)(A), Oct. 13, 1994, 108 Stat. 3341. | |
3131(c) | 40:270a(d). | Aug. 24, 1935, ch. 642, §1(d), as added Pub. L. 89–719, title I, §105(b), Nov. 2, 1966, 80 Stat. 1139. |
3131(d) | 40:270a(b). | |
3131(e) | 40:270a(c). |
In subsection (a), the text of 40:270d is omitted because of 1:1.
In subsections (b) and (c), the words "or sureties" are omitted because of 1:1.
The Internal Revenue Code of 1986, referred to in subsec. (c)(2), is classified to Title 26, Internal Revenue Code.
2006—Subsec. (e). Pub. L. 109–284 substituted "To" for "to" in heading.
(a)
(b)
(1) select, from among the payment protections provided for in the Federal Acquisition Regulation pursuant to subsection (a), one or more payment protections which the offeror awarded the contract is to submit to the Federal Government for the protection of suppliers of labor and materials for the contract; and
(2) specify in the solicitation of offers for the contract the payment protections selected.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1148.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3132 | 40:270a note. | Pub. L. 103–355, title IV, §4104(b)(2), Oct. 13, 1994, 108 Stat. 3342. |
(a)
(b)
(1)
(2)
(A) by any means that provides written, third-party verification of delivery to the contractor at any place the contractor maintains an office or conducts business or at the contractor's residence; or
(B) in any manner in which the United States marshal of the district in which the public improvement is situated by law may serve summons.
(3)
(A) in the name of the United States for the use of the person bringing the action; and
(B) in the United States District Court for any district in which the contract was to be performed and executed, regardless of the amount in controversy.
(4)
(5)
(c)
(1) in writing;
(2) signed by the person whose right is waived; and
(3) executed after the person whose right is waived has furnished labor or material for use in the performance of the contract.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1148; Pub. L. 109–284, §6(9), (10), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3133(a) | 40:270c. | Aug. 24, 1935, ch. 642, §3, 49 Stat. 794; Pub. L. 86–135, §2, Aug. 4, 1959, 73 Stat. 279; Pub. L. 98–269, Apr. 18, 1984, 98 Stat. 156. |
3133(b)(1), (2) | 40:270b(a). | Aug. 24, 1935, ch. 642, §2(a), (b), 49 Stat. 794; Pub. L. 86–135, §1, Aug. 4, 1959, 73 Stat. 279; Pub. L. 106–49, §2(b), Aug. 17, 1999, 113 Stat. 231. |
3133(b)(3)– (5) | 40:270b(b). | |
3133(c) | 40:270b(c). | Aug. 24, 1935, ch. 642, §2(c), as added Pub. L. 106–49, §2(c), Aug. 17, 1999, 113 Stat. 231. |
In subsection (b)(1), the words "may bring a civil action" are substituted for "shall have the right to sue" for consistency in the revised title and with other titles of the United States Code. The words "or sums" are omitted because of 1:1.
In subsection (b)(2), the words "to the contractor at any place he maintains an office or conducts his business, or his residence, or in any manner in which the United States marshal of the district in which the public improvement is situated is authorized by law to serve summons" are restated to reflect the probable intent of Congress. See H. Rept. 106–277, Part 1, 106th Cong., 1st Sess., pp. 4, 7.
In subsection (c), the words "bring a civil action" are substituted for "sue" for consistency in the revised title and with other titles of the United States Code.
2006—Subsec. (b). Pub. L. 109–284, §6(9), substituted "To" for "to" in heading.
Subsec. (c). Pub. L. 109–284, §6(10), inserted heading.
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1149; Pub. L. 109–304, §17(g)(2), Oct. 6, 2006, 120 Stat. 1709.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3134(a) | 40:270e. | Apr. 29, 1941, ch. 81, §1, 55 Stat. 147; June 3, 1955, ch. 129, 69 Stat. 83. |
3134(b) | 40:270f. | Apr. 29, 1941, ch. 81, §2, as added Pub. L. 91–469, §39, Oct. 21, 1970, 84 Stat. 1036; Pub. L. 97–31, §12(12), Aug. 6, 1981, 95 Stat. 154. |
In subsection (a), the words "Secretary of Transportation" are substituted for "Secretary of Commerce" because of 49:108. The words "the manufacturing, producing, furnishing, construction, alteration, repair, processing, or assembling of" and "of any kind or nature" are omitted as unnecessary.
In subsection (b), the words "of any kind or nature" are omitted as unnecessary. The words "sections 1535 and 1536 of title 31" are substituted for "the Act of June 30, 1932 (47 Stat. 382, 417–418), as amended [31 U.S.C. 686, 686b]" because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
The Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.), referred to in subsec. (b), is act Mar. 8, 1946, ch. 82, 60 Stat. 41, which was classified to sections 1735 to 1746 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification, and is now classified principally to chapter 54 (§4401 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.
2006—Subsec. (b). Pub. L. 109–304 substituted "subtitle V of title 46" for "the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.)".
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
1 See References in Text note below.
In this subchapter, the following definitions apply:
(1)
(2)
(A) the basic hourly rate of pay; and
(B) for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of—
(i) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person under a fund, plan, or program; and
(ii) the rate of costs to the contractor or subcontractor that may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109–284, §6(11), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3141(1) | (no source). | |
3141(2) | 40:276a(b) (1st par. words before proviso). | Mar. 3, 1931, ch. 411, §1(b) (1st par. words before proviso), as added Pub. L. 88–349, §1, July 2, 1964, 78 Stat. 239. |
Clause (1) is added for clarity.
The Davis-Bacon Act, referred to in par. (1), is act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which was classified generally to sections 276a to 276a–5 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3141–3144, 3146, and 3147 of this title by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
2006—Par. (1). Pub. L. 109–284 substituted "1494)" for "1494".
(a)
(b)
(c)
(1) the contractor or subcontractor shall pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and the laborers and mechanics;
(2) the contractor will post the scale of wages to be paid in a prominent and easily accessible place at the site of the work; and
(3) there may be withheld from the contractor so much of accrued payments as the contracting officer considers necessary to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to the contractor or subcontractors or their agents.
(d)
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109–284, §6(12), (13), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3142(a), (b) | 40:276a(a) (words before 1st semicolon). | Mar. 3, 1931, ch. 411, §1(a), 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1011; June 15, 1940, ch. 373, §1, 54 Stat. 399; Pub. L. 86–624, §26, July 12, 1960, 74 Stat. 418; Pub. L. 88–349, §1, July 2, 1964, 78 Stat. 238. |
3142(c) | 40:276a(a) (words after 1st semicolon). | |
3142(d) | 40:276a(b) (1st par. proviso). | Mar. 3, 1931, ch. 411, §1(b) (1st par. proviso, last par.), as added Pub. L. 88–349, §1, July 2, 1964, 78 Stat. 239. |
3142(e) | 40:276a(b) (last par.). |
In subsection (a), the words "a State" are substituted for "the geographical limits of the States of the Union" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
In subsection (b), the words "city, town, village, or other" are omitted as unnecessary.
In subsection (d), the words "of a type" are omitted as unnecessary. The words "basic hourly rate of pay" are substituted for "rate of pay described in paragraph (1)" for clarity.
2006—Subsec. (d). Pub. L. 109–284, §6(12), inserted "of this title" after "amount referred to in section 3141(2)(B)".
Subsec. (e). Pub. L. 109–284, §6(13), inserted "of this title" after "determined under section 3141(2)(B)".
Every contract within the scope of this subchapter shall contain a provision that if the contracting officer finds that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid, the Federal Government by written notice to the contractor may terminate the contractor's right to proceed with the work or the part of the work as to which there has been a failure to pay the required wages. The Government may have the work completed, by contract or otherwise, and the contractor and the contractor's sureties shall be liable to the Government for any excess costs the Government incurs.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1151.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3143 | 40:276a–1. | Mar. 3, 1931, ch. 411, §2, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012. |
The words "The Government may have the work completed" are substituted for "and to prosecute the work to completion . . . thereby" for clarity.
(a)
(1)
(2)
(b)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152; Pub. L. 113–50, §2(a), Nov. 21, 2013, 127 Stat. 578.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3144(a)(1) | 40:276a–2(a) (1st sentence words before semicolon). | Mar. 3, 1931, ch. 411, §3, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012. |
3144(a)(2) | 40:276a–2(b). | |
3144(b) | 40:276a–2(a) (1st sentence words after semicolon, last sentence). |
In subsection (b), the words "or firms" are omitted as being included in "persons".
2013—Pub. L. 113–50, §2(a)(1), struck out "of Comptroller General" after "Authority" in section catchline.
Subsec. (a)(1). Pub. L. 113–50, §2(a)(2), substituted "Secretary of Labor" for "Comptroller General".
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3145(a) | 40:276c (1st sentence). | June 13, 1934, ch. 482, §2, 48 Stat. 948; May 24, 1949, ch. 139, §134, 63 Stat. 108; Pub. L. 85–800, §12, Aug. 28, 1958, 72 Stat. 967. |
3145(b) | 40:276c (last sentence). |
This subchapter does not supersede or impair any authority otherwise granted by federal law to provide for the establishment of specific wage rates.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3146 | 40:276a–3. | Mar. 3, 1931, ch. 411, §4, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012. |
The President may suspend the provisions of this subchapter during a national emergency.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3147 | 40:276a–5. | Mar. 3, 1931, ch. 411, §6, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1013. |
Joint Res. July 25, 1947, ch. 327, §3, 61 Stat. 451, provided that in the interpretation of former 40 U.S.C. 276a–5, the date July 25, 1947, was to be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941.
This subchapter applies to a contract authorized by law that is made without regard to section 6101(b) to (d) of title 41, or on a cost-plus-a-fixed-fee basis or otherwise without advertising for proposals, if this subchapter otherwise would apply to the contract.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153; Pub. L. 111–350, §5(l)(14), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3148 | 40:276a–7. | Mar. 23, 1941, ch. 26 (last proviso in 5th complete par. on p. 53), 55 Stat. 53; Aug. 21, 1941, ch. 395 (last proviso in 14th par. on p. 664), 55 Stat. 664. |
The words "this subchapter" are substituted for "such Act" to correct the reference as stated in 40:276a–7.
2011—Pub. L. 111–350 substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".
It is the purpose of this subchapter to promote and provide opportunities for individuals who wish to volunteer their services to state or local governments, public agencies, or nonprofit charitable organizations in the construction, repair, or alteration (including painting and decorating) of public buildings and public works that at least partly are financed with federal financial assistance authorized under certain federal programs and that otherwise might not be possible without the use of volunteers.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3161 | 40:276d. | Pub. L. 103–355, title VII, §7302, Oct. 13, 1994, 108 Stat. 3382. |
(a)
(1) who volunteers to perform a service directly to a state or local government, a public agency, or a public or private nonprofit recipient of federal assistance—
(A) for civic, charitable, or humanitarian reasons;
(B) only for the personal purpose or pleasure of the individual;
(C) without promise, expectation, or receipt of compensation for services rendered, except as provided in subsection (b); and
(D) freely and without pressure or coercion, direct or implied, from any employer;
(2) whose contribution of service is not for the direct or indirect benefit of any contractor otherwise performing or seeking to perform work on the same project for which the individual is volunteering;
(3) who is not employed by and does not provide services to a contractor or subcontractor at any time on the federally assisted or insured project for which the individual is volunteering; and
(4) who otherwise is not employed by the same public agency or recipient of federal assistance to perform the same type of services as those for which the individual proposes to volunteer.
(b)
(1)
(2)
(A) a payment for an expense may be received by a volunteer for items such as uniform allowances, protective gear and clothing, reimbursement for approximate out-of-pocket expenses, or the cost or expense of meals and transportation;
(B) a reasonable benefit may include the inclusion of a volunteer in a group insurance plan (such as a liability, health, life, disability, or worker's compensation plan) or pension plan, or the awarding of a length of service award; and
(C) a nominal fee may not be used as a substitute for compensation and may not be connected to productivity.
(3)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3162(a) | 40:276d–1(a). | Pub. L. 103–355, title VII, §§7303, 7304, Oct. 13, 1994, 108 Stat. 3382. |
40:276d–2. | ||
40:276d–3. | Pub. L. 103–355, title VII, §7305, Oct. 13, 1994, 108 Stat. 3384; Pub. L. 104–208, div. A, §101(e) [title VII, §709(a)(4)], Sept. 30, 1996, 110 Stat. 3009–312. | |
3162(b) | 40:276d–1(b). | |
3162(c) | 40:276d–1(c). |
In subsection (a), the references to sections 254b and 254c of title 42 in 40:276d–3 are omitted. Sections 329 and 330 of the Public Health Service Act were omitted in the general amendment of subpart I of part D of title III of the Act (42:254b et seq.) by sections 2 and 3(a) of the Health Care Consolidation Act of 1996 (Public Law 104–299, 110 Stat. 3626), which enacted new sections 330 and 330A of the Public Health Service Act. Sections 330 and 330A do not refer to the Act of March 3, 1931 (ch. 411, 46 Stat. 1494).
In subsection (b)(1), the words "Volunteers who are performing services directly to a public or private nonprofit entity may not receive those payments" are added for clarity.
The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§5301 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
The Indian Health Care Improvement Act, referred to in subsec. (a), is Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, as amended, which is classified principally to chapter 18 (§1601 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables.
The Housing and Community Development Act of 1974, referred to in subsec. (a), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables.
1 See References in Text note below.
Unless specifically directed otherwise, the Administrator of General Services may make a contract within the full limit of the cost fixed by Congress for the acquisition of land for sites, or for the enlargement of sites, for public buildings, or for the erection, remodeling, extension, alteration, and repairs of public buildings, even though an appropriation is made for only part of the amount necessary to carry out legislation authorizing that purpose.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1154.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3171 | 40:261. | May 30, 1908, ch. 228, §34, 35 Stat. 545. |
The words "On and after May 30, 1908" are omitted as obsolete. The words "Administrator of General Services" are substituted for "Secretary of the Treasury" [subsequently changed to "Federal Works Administrator" because of section 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1154.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3172(a) | 40:290 (1st par., last par. words before 1st proviso). | June 25, 1936, ch. 822, 49 Stat. 1938. |
3172(b) | 40:290 (last par. 1st proviso). | |
3172(c) | 40:290 (last par. last proviso). |
In subsection (a), the words "by purchase or otherwise" and 40:290(last par. words before 1st proviso) are omitted as unnecessary.
Subsection (b) is substituted for 40:290(last par. 1st proviso) to eliminate unnecessary words.
In subsection (c), the words "subchapter I of chapter 81 of title 5" are substituted for "the United States Employees' Compensation Act as amended from time to time (Act of September 7, 1916, 39 Stat. 742, U.S.C., title 5 and supplement, sec. 751 et seq.)" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
(a)
(b)
(1)
(2)
(c)
(d)
(1)
(2)
(A)
(B)
(C)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1155; Pub. L. 111–8, div. D, title V, §518(a), (b), (c)(2), Mar. 11, 2009, 123 Stat. 664, 665.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3173(a), (b) | 40:293 (words before proviso). | May 3, 1945, ch. 106, title I, 101 (2d complete par. on p. 115), 59 Stat. 115. |
3173(c) | 40:293 (proviso). |
In subsection (b)(2), the words "Administrator of General Services" are substituted for "Federal Works Agency" and "Public Buildings Administration" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
The Chief Financial Officers Act of 1990, referred to in subsec. (d)(1), is Pub. L. 101–576, Nov. 15, 1990, 104 Stat. 2838. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 501 of Title 31, Money and Finance, and Tables.
2009—Pub. L. 111–8, §518(c)(2), substituted "Working capital fund for General Services Administration" for "Working capital fund for blueprinting, photostating, and duplicating services in General Services Administration" in section catchline.
Subsecs. (a) to (c). Pub. L. 111–8, §518(a), amended subsecs. (a) to (c) generally. Prior to amendment, subsecs. (a) to (c) related to establishment and purpose of a working capital fund, components of the fund, and deposit of excess amounts in the Treasury.
Subsec. (d). Pub. L. 111–8, §518(b), added subsec. (d).
The Administrator of General Services may provide and operate public utility communications services serving any governmental activity when the services are economical and in the interest of the Federal Government. This section does not apply to communications systems for handling messages of a confidential or secret nature, the operation of cryptographic equipment or transmission of secret, security, or coded messages, or buildings operated or occupied by the United States Postal Service, except on request of the department or agency concerned.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1155.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3174 | 40:295. | June 14, 1946, ch. 404, §7, 60 Stat. 258. |
The words "Administrator of General Services" are substituted for "Commissioner of Public Buildings" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "in and outside the District of Columbia" are omitted as unnecessary. The words "United States Postal Service" are substituted for "Post Office Department" because of section 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 783).
The Administrator of General Services, and the United States Postal Service where that office is concerned, may accept on behalf of the Federal Government unconditional gifts of property in aid of any project or function within their respective jurisdictions.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1155.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3175 | 40:298a. | June 16, 1949, ch. 218, title IV, §404, 63 Stat. 199. |
The words "Administrator of General Services" are substituted for "Federal Works Administrator" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "United States Postal Service" are substituted for "Postmaster General" because of section 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 783). The words "real, personal, or other" are omitted as unnecessary.
Sections 1535 and 1536 of title 31 are extended so that the Administrator of General Services, at the request of the Secretary of State, may furnish services in the continental United States, on a reimbursable basis, to any international body with which the Federal Government is affiliated.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1156.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3176 | 40:298b. | June 16, 1949, ch. 218, title IV, §405, 63 Stat. 199. |
The words "Sections 1535 and 1536 of title 31" are substituted for "section 601 of the Economy Act, approved June 30, 1932, as amended" because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words "Administrator of General Services" are substituted for "Public Buildings Administration" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "Secretary of State" are substituted for "State Department" because of 22:2651.
(a)
(1)
(2)
(A) To accelerate the growth of a commercially viable photovoltaic industry to make this energy system available to the general public as an option which can reduce the national consumption of fossil fuel.
(B) To reduce the fossil fuel consumption and costs of the Federal Government.
(C) To attain the goal of installing solar energy systems in 20,000 Federal buildings by 2010, as contained in the Federal Government's Million Solar Roof Initiative of 1997.
(D) To stimulate the general use within the Federal Government of life-cycle costing and innovative procurement methods.
(E) To develop program performance data to support policy decisions on future incentive programs with respect to energy.
(3)
(A)
(B)
(4)
(A) issue such rules and regulations as may be appropriate to monitor and assess the performance and operation of photovoltaic solar electric systems installed pursuant to this subsection;
(B) develop innovative procurement strategies for the acquisition of such systems; and
(C) transmit to Congress an annual report on the results of the program.
(b)
(1)
(2)
(c)
(1)
(2)
(Added Pub. L. 109–58, title II, §204(a), Aug. 8, 2005, 119 Stat. 653.)
The date of enactment of this section, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 109–58, which was approved Aug. 8, 2005.
2016—Pub. L. 114–235, §2(b), Oct. 7, 2016, 130 Stat. 965, added items 3314 to 3317 and struck out former items 3314 "Delegation", 3315 "Report to Congress", and 3316 "Certain authority not affected".
2007—Pub. L. 110–140, title III, §323(c)(2), Dec. 19, 2007, 121 Stat. 1591, added items 3313 to 3316 and struck out former items 3313 "Delegation", 3314 "Report to Congress", and 3315 "Certain authority not affected".
(a)
(1)
(A) preliminary planning, engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other similar actions necessary for the alteration of a public building; and
(B) repairing, remodeling, improving, or extending, or other changes in, a public building.
(2)
(3)
(A) any wholly owned Government corporation;
(B) the Central-Bank for Cooperatives and the regional banks for cooperatives;
(C) federal land banks;
(D) federal intermediate credit banks;
(E) the Federal Deposit Insurance Corporation; and
(F) the Government National Mortgage Association.
(4)
(5)
(A) means a building, whether for single or multitenant occupancy, and its grounds, approaches, and appurtenances, which is generally suitable for use as office or storage space or both by one or more federal agencies or mixed-ownership Government corporations;
(B) includes—
(i) federal office buildings;
(ii) post offices;
(iii) customhouses;
(iv) courthouses;
(v) appraisers stores;
(vi) border inspection facilities;
(vii) warehouses;
(viii) record centers;
(ix) relocation facilities;
(x) telecommuting centers;
(xi) similar federal facilities; and
(xii) any other buildings or construction projects the inclusion of which the President considers to be justified in the public interest; but
(C) does not include a building or construction project described in subparagraphs (A) and (B)—
(i) that is on the public domain (including that reserved for national forests and other purposes);
(ii) that is on property of the Government in foreign countries;
(iii) that is on Indian and native Eskimo property held in trust by the Government;
(iv) that is on land used in connection with federal programs for agricultural, recreational, and conservation purposes, including research in connection with the programs;
(v) that is on or used in connection with river, harbor, flood control, reclamation or power projects, for chemical manufacturing or development projects, or for nuclear production, research, or development projects;
(vi) that is on or used in connection with housing and residential projects;
(vii) that is on military installations (including any fort, camp, post, naval training station, airfield, proving ground, military supply depot, military school, or any similar facility of the Department of Defense);
(viii) that is on installations of the Department of Veterans Affairs used for hospital or domiciliary purposes; or
(ix) the exclusion of which the President considers to be justified in the public interest.
(6)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1156.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3301(a)(1) | 40:612(2), (5), (6). | Pub. L. 86–249, §13, Sept. 9, 1959, 73 Stat. 482; Pub. L. 90–448, title VIII, §807(f), Aug. 1, 1968, 82 Stat. 544; Pub. L. 101–73, title VII, §744(g), Aug. 9, 1989, 103 Stat. 438; Pub. L. 102–54, §13(o), June 13, 1991, 105 Stat. 278; Pub. L. 104–208, div. A, title I, §101(f) [title IV, §407(b)], Sept. 30, 1996, 110 Stat. 3009–338. |
40:612a(1). | Pub. L. 94–541, title I, §105(1), (2), Oct. 18, 1976, 90 Stat. 2507. | |
3301(a)(2) | 40:612(6). | |
3301(a)(3) | 40:612(4). | |
3301(a)(4) | 40:612(3). | |
40:612a(2). | ||
3301(a)(5) | 40:612(1). | |
40:612a(2). | ||
3301(a)(6) | 40:612(7). | |
3301(b) | 40:613. | Pub. L. 86–249, §14, Sept. 9, 1959, 73 Stat. 483. |
In subsection (a), the text of 40:612(2) and 612a(1) is omitted because the complete name of the Administrator of General Services is used the first time the term appears in a section. In clause (5)(A), the words "mixed-ownership Government corporation" are substituted for "mixed ownership corporation" for consistency with 31:9101. In clause (5)(B) and (C), the words "from time to time hereafter" are omitted as unnecessary. In clause (6), the words "territories and" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the text of 40:613(1)–(3) is omitted as obsolete. The reference is to section 241(g) of the Immigration and Nationality Act rather than to section 242(c) to reflect the amendment of sections 241 and 242 by sections 305(a)(3) and 306(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208, div. C, 110 Stat. 3009–598, 3009–607).
Only the Administrator of General Services may construct a public building. The Administrator shall construct a public building in accordance with this chapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1158.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3302 | 40:601. | Pub. L. 86–249, §2, Sept. 9, 1959, 73 Stat. 479. |
(a)
(1) make a continuing investigation and survey of the public buildings needs of the Federal Government so that the Administrator may carry out the duties of the Administrator under this chapter; and
(2) submit to Congress prospectuses of proposed projects in accordance with section 3307(a) and (b) of this title.
(b)
(1)
(A) shall cooperate with all federal agencies in order to keep informed of their needs;
(B) shall advise each federal agency of the program with respect to the agency; and
(C) may request the cooperation and assistance of each federal agency in carrying out duties under this chapter.
(2)
(c)
(1) are of historical, architectural, or cultural significance (as defined in section 3306(a) of this title); and
(2) whether or not in need of repair, alteration, or addition, would be suitable for acquisition to meet the public buildings needs of the Government.
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1158; Pub. L. 113–287, §5(j)(5), Dec. 19, 2014, 128 Stat. 3269.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3303(a) | 40:611(a). | Pub. L. 86–249, §12(a), (b), (d), Sept. 9, 1959, 73 Stat. 482; Pub. L. 92–313, §2(2), (3), June 16, 1972, 86 Stat. 216; Pub. L. 94–541, title I, §103(3), Oct. 18, 1976, 90 Stat. 2506. |
3303(b) | 40:611(b). | |
3303(c) | 40:611(c). | Pub. L. 86–249, §12(c), as added Pub. L. 94–541, title I, §103(3), Oct. 18, 1976, 90 Stat. 2506. |
3303(d) | 40:611(d). |
In subsection (c)(1), the word "historical" is substituted for "historic" to conform to the defined term.
In subsection (c)(2), the word "purchase" is omitted as being included in ["]'acquisition".
2014—Subsec. (c). Pub. L. 113–287 substituted "section 304101 of title 54" for "title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.)" in introductory provisions.
(a)
(b)
(c)
(d)
(1) select the site that the Administrator believes is the most advantageous to the Government, all factors considered; and
(2) acquire the site without regard to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1158; Pub. L. 108–178, §3(1), Dec. 15, 2003, 117 Stat. 2640; Pub. L. 111–350, §5(l)(15), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3304(a) | 40:602. | Pub. L. 86–249, §§3, 5, Sept. 9, 1959, 73 Stat. 479. |
3304(b) | 40:604(a). | |
3304(c) | 40:604(b). | |
3304(d) | 40:604(c). |
In subsections (c) and (d), the words "United States Postal Service" are substituted for "Postmaster General" in subsections (b) and (c) of section 5 of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 479) because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773).
2011—Subsec. (d)(2). Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".
2003—Subsec. (b). Pub. L. 108–178 inserted ", by purchase, condemnation, donation, exchange, or otherwise," after "The Administrator may acquire".
Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.
(a)
(1)
(2)
(3)
(b)
(1)
(A) alter any public building; and
(B) acquire in accordance with section 3304(b)–(d) of this title land necessary to carry out the alteration.
(2)
(A)
(B)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1159; Pub. L. 111–350, §5(l)(16), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3305(a) | 40:605. | Pub. L. 86–249, §§6, 9, Sept. 9, 1959, 73 Stat. 479, 481. |
3305(b)(1) | 40:603(a). | Pub. L. 86–249, §4, Sept. 9, 1959, 73 Stat. 479; Pub. L. 92–313, §2(1), June 16, 1972, 86 Stat. 216; Pub. L. 100–678, §2, Nov. 17, 1988, 102 Stat. 4049. |
3305(b)(2)(A) | 40:603(b). | |
3305(b)(2)(B) | 40:606(f) (related to 40:603(b)). | Pub. L. 86–249, §7(f) (related to §4(b)), Sept. 9, 1959, as added Pub. L. 100–678, §4, Nov. 17, 1988, 102 Stat. 4050. |
3305(c) | 40:608. |
In subsection (a)(1) and (2), the words "and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title.
In subsection (b)(2)(B), the words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 7(f) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 480) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.).
2011—Subsec. (a)(1), (2). Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(b)
(1) acquire and utilize space in suitable buildings of historical, architectural, or cultural significance, unless use of the space would not prove feasible and prudent compared with available alternatives;
(2) encourage the location of commercial, cultural, educational, and recreational facilities and activities in public buildings;
(3) provide and maintain space, facilities, and activities, to the extent practicable, that encourage public access to, and stimulate public pedestrian traffic around, into, and through, public buildings, permitting cooperative improvements to and uses of the area between the building and the street, so that the activities complement and supplement commercial, cultural, educational, and recreational resources in the neighborhood of public buildings; and
(4) encourage the public use of public buildings for cultural, educational, and recreational activities.
(c)
(1) consult with chief executive officers of the States, areawide agencies established pursuant to title II of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3331 et seq.) and section 6506 of title 31, and chief executive officers of those units of general local government in each area served by an existing or proposed public building; and
(2) solicit the comments of other community leaders and members of the general public as the Administrator considers appropriate.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1160; Pub. L. 113–287, §5(j)(6), Dec. 19, 2014, 128 Stat. 3269.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3306(a)(1) | 40:612a(5). | Pub. L. 94–541, title I, §§102, 105(3)–(8), Oct. 18, 1976, 90 Stat. 2505, 2507. |
3306(a)(2) | 40:612a(6). | |
3306(a)(3) | 40:612a(7). | |
3306(a)(4) | 40:612a(4). | |
3306(a)(5) | 40:612a(8). | |
3306(a)(6) | 40:612a(3). | |
3306(b) | 40:601a(a). | |
3306(c) | 40:601a(b). |
In subsection (b)(1), the word "historical" is substituted for "historic" to conform to the defined term.
In subsection (c)(1), the words "chief executive officers of the States" are substituted for "Governors" for clarity and for consistency in the revised title and with other titles of the United States Code. The words "section 6506 of title 31" are substituted for "title IV of the Intergovernmental Cooperation Act of 1968" in section 102(b) of the Public Buildings Cooperative Use Act of 1976 (Public Law 94–541, 90 Stat. 2505) because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
The Demonstration Cities and Metropolitan Development Act of 1966, referred to in subsec. (c)(1), is Pub. L. 89–754, Nov. 3, 1966, 80 Stat. 1255, as amended. Title II of the Act is classified generally to subchapter II (§3331 et seq.) of chapter 41 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3331 of Title 42 and Tables.
2014—Subsec. (a)(4). Pub. L. 113–287 substituted "chapter 3021 of title 54" for "section 101 of the National Historic Preservation Act (16 U.S.C. 470a)".
Ex. Ord. No. 13006, May 21, 1996, 61 F.R. 26071, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Historic Preservation Act (16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.] and the Public Buildings Cooperative Use Act of 1976 (90 Stat. 2505) [title I of Pub. L. 94–541, see Tables for classification], and in furtherance of and consistent with Executive Order No. 12072 of August 16, 1978 [40 U.S.C. 121 note], and Executive Order No. 11593 of May 13, 1971 [54 U.S.C. 300101 note], it is hereby ordered as follows:
To this end, the Federal Government shall utilize and maintain, wherever operationally appropriate and economically prudent, historic properties and districts, especially those located in our central business areas. When implementing these policies, the Federal Government shall institute practices and procedures that are sensible, understandable, and compatible with current authority and that impose the least burden on, and provide the maximum benefit to, society.
William J. Clinton.
(a)
(1) An appropriation to construct, alter, or acquire any building to be used as a public building which involves a total expenditure in excess of $1,500,000, so that the equitable distribution of public buildings throughout the United States with due regard for the comparative urgency of need for the buildings, except as provided in section 3305(b) of this title, is ensured.
(2) An appropriation to lease any space at an average annual rental in excess of $1,500,000 for use for public purposes.
(3) An appropriation to alter any building, or part of the building, which is under lease by the Federal Government for use for a public purpose if the cost of the alteration will exceed $750,000.
(b)
(1) a brief description of the building to be constructed, altered, or acquired, or the space to be leased, under this chapter;
(2) the location of the building or space to be leased and an estimate of the maximum cost to the Government of the facility to be constructed, altered, or acquired, or the space to be leased;
(3) a comprehensive plan for providing space for all Government officers and employees in the locality of the proposed facility or the space to be leased, having due regard for suitable space which may continue to be available in existing Government-owned or occupied buildings, especially those buildings that enhance the architectural, historical, social, cultural, and economic environment of the locality;
(4) with respect to any project for the construction, alteration, or acquisition of any building, a statement by the Administrator that suitable space owned by the Government is not available and that suitable rental space is not available at a price commensurate with that to be afforded through the proposed action;
(5) a statement by the Administrator of the economic and other justifications for not acquiring a building identified to the Administrator under section 3303(c) of this title as suitable for the public building needs of the Government;
(6) a statement of rents and other housing costs currently being paid by the Government for federal agencies to be housed in the building to be constructed, altered, or acquired, or the space to be leased;
(7) with respect to any prospectus for the construction, alteration, or acquisition of any building or space to be leased, an estimate of the future energy performance of the building or space and a specific description of the use of energy efficient and renewable energy systems, including photovoltaic systems, in carrying out the project; and
(8) a statement of how the proposed project is consistent with the standards and criteria developed under section 11(b) of the Federal Assets Sale and Transfer Act of 2016.
(c)
(d)
(e)
(f)
(g)
(1)
(A) Computer and telecommunications operations.
(B) Secure or sensitive activities related to the national defense or security, except when it would be inappropriate to locate those activities in a public building or other facility identified with the Government.
(C) A permanent courtroom, judicial chamber, or administrative office for any United States court.
(2)
(A) decides, for reasons set forth in writing, that leasing the space is necessary to meet requirements which cannot be met in public buildings; and
(B) submits the reasons to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(h)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1161; Pub. L. 110–140, title III, §323(a), (b), Dec. 19, 2007, 121 Stat. 1589, 1590; Pub. L. 114–287, §17, Dec. 16, 2016, 130 Stat. 1476.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3307(a) | 40:606(a) (1st–3d sentences). | Pub. L. 86–249, §7(a)–(d), Sept. 9, 1959, 73 Stat. 480; Pub. L. 92–313, §2(4), June 16, 1972, 86 Stat. 217; Pub. L. 94–541, title I, §103(1), (2), Oct. 18, 1976, 90 Stat. 2505; Pub. L. 100–678, §§2, 3(a), Nov. 17, 1988, 102 Stat. 4049; Pub. L. 103–437, §14(b)(1), Nov. 2, 1994, 108 Stat. 4590. |
3307(b) | 40:606(a) (last sentence). | |
3307(c) | 40:606(b). | |
3307(d) | 40:606(c). | |
3307(e) | 40:606(d). | |
3307(f) | 40:606(e). | Pub. L. 86–249, §7(e), as added Pub. L. 100–678, §3(b), Nov. 17, 1988, 102 Stat. 4049. |
3307(g) | 40:606(f) (related to this section). | Pub. L. 86–249, §7(f) (related to this section), Sept. 9, 1959, as added Pub. L. 100–678, §4, Nov. 17, 1988, 102 Stat. 4050. |
In this section, the words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 7 of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 480) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.). The word "purchase" is omitted as being included in "acquire".
In subsection (c), the words "if any" and "as the case may be" are omitted as unnecessary.
In subsection (d), the words "at any time thereafter" are omitted as unnecessary.
In subsection (f)(2)(A), the word "first" is omitted as unnecessary.
Section 11(b) of the Federal Assets Sale and Transfer Act of 2016, referred to in subsec. (b)(8), is section 11(b) of Pub. L. 114–287, which is set out in a note under section 1303 of this title.
2016—Subsec. (b)(8). Pub. L. 114–287 added par. (8).
2007—Subsec. (b)(7). Pub. L. 110–140, §323(a), added par. (7).
Subsecs. (f) to (h). Pub. L. 110–140, §323(b), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1163; Pub. L. 111–350, §5(l)(17), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3308(a) | 40:609(a). | Pub. L. 86–249, §10, Sept. 9, 1959, 73 Stat. 481. |
3308(b) | 40:609(b). | |
3308(c) | 40:609(c). |
In subsection (a), the words "chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "the Classification Act of 1949, as amended" and the reference to civil service laws in section 10(a) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 481) because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 31, United States Code.
2011—Subsec. (a). Pub. L. 111–350 substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".
(a)
(b)
(c)
(1)
(2)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1163.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3309(a) | 40:607(a). | Pub. L. 86–249, §8(a), (b), Sept. 9, 1959, 73 Stat. 481; Pub. L. 87–476, §§1, 2, June 8, 1962, 76 Stat. 92. |
3309(b) | 40:607(b). | |
3309(c) | 40:607(c). | Pub. L. 86–249, §8(c), Sept. 9, 1959, as added Pub. L. 87–476, §3, June 8, 1962, 76 Stat. 92. |
3309(d) | 40:607(d). | Pub. L. 86–249, §8(d), Sept. 9, 1959, as added Pub. L. 93–72, July 10, 1973, 87 Stat. 169. |
In subsection (b), the words "Council of the District of Columbia" are substituted for "Board of Commissioners of the District of Columbia" [subsequently changed to "District of Columbia Council" because of section 402(431) of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] in section 8(b) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 481) because of sections 401 and 404(a) of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 785, 787).
Subsection (d) is substituted for 40:607(d) to eliminate obsolete words.
The Act of March 4, 1907, referred to in subsec. (c)(1), is act Mar. 4, 1907, ch. 2918, 34 Stat. 1365, as amended, which is classified to section 2001 of Title 2, The Congress.
The District of Columbia Stadium Act of 1957, referred to in subsec. (d), is Pub. L. 85–300, Sept. 7, 1957, 71 Stat. 619, as amended, which is not classified to the Code.
For any building to be constructed for lease to, and for predominant use by, the Federal Government, the Administrator of General Services—
(1) notwithstanding section 585(a)(1) of this title, shall not make any agreement or undertake any commitment which will result in the construction of the building until the Administrator has established detailed specification requirements for the building;
(2) may acquire a leasehold interest in the building only by the use of competitive procedures required by sections 3105, 3301, and 3303 to 3305 of title 41;
(3) shall include in the solicitation for any lease requiring a prospectus under section 3307 an evaluation factor considering the extent to which the offeror will promote energy efficiency and the use of renewable energy;
(4) shall inspect every building during construction to establish that the specifications established for the building are complied with;
(5) on completion of the building, shall evaluate the building to determine the extent of failure to comply with the specifications referred to in clause (1); and
(6) shall ensure that any contract entered into for the building shall contain provisions permitting a reduction of rent during any period when the building is not in compliance with the specifications.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1164; Pub. L. 110–140, title III, §323(d), Dec. 19, 2007, 121 Stat. 1591; Pub. L. 111–350, §5(l)(18), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3310 | 40:618. | Pub. L. 86–249, §20, as added Pub. L. 100–678, §5, Nov. 17, 1988, 102 Stat. 4050. |
2011—Par. (2). Pub. L. 111–350 substituted "sections 3105, 3301, and 3303 to 3305 of title 41" for "section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253)".
2007—Pars. (3) to (6). Pub. L. 110–140 added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
When the Administrator of General Services considers it desirable, the Administrator may assign to a State or a territory or possession of the United States any part of the authority of the Federal Government to administer criminal laws and health and safety laws with respect to land or an interest in land under the control of the Administrator and located in the State, territory, or possession. Assignment of authority under this section may be accomplished by filing with the chief executive officer of the State, territory, or possession a notice of assignment to take effect on acceptance, or in another manner as may be prescribed by the laws of the State, territory, or possession in which the land or interest is located.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1164.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3311 | 40:617. | Pub. L. 86–249, §19, as added Pub. L. 100–678, §5, Nov. 17, 1988, 102 Stat. 4050. |
The words "Notwithstanding any other provision of law" and "commonwealth" are omitted as unnecessary.
(a)
(1)
(2)
(b)
(c)
(1) Zoning laws.
(2) Laws relating to landscaping, open space, minimum distance of a building from the property line, maximum height of a building, historic preservation, esthetic qualities of a building, and other similar laws.
(d)
(1)
(A) in preparing plans for the building, shall consult with appropriate officials of the State or political subdivision of a State, or both, in which the building will be located;
(B) on request shall submit the plans in a timely manner to the officials for review by the officials for a reasonable period of time not exceeding 30 days; and
(C) shall permit inspection by the officials during construction or alteration of the building, in accordance with the customary schedule of inspections for construction or alteration of buildings in the locality, if the officials provide to the Administrator or the head of the federal agency—
(i) a copy of the schedule before construction of the building is begun; and
(ii) reasonable notice of their intention to conduct any inspection before conducting the inspection.
(2)
(e)
(f)
(g)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1165.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3312(a)(1) | 40:619(g). | Pub. L. 86–249, §21, as added Pub. L. 100–678, §6(a), Nov. 17, 1988, 102 Stat. 4051. |
3312(a)(2) | 40:619(h). | |
3312(b) | 40:619(a). | |
3312(c) | 40:619(b). | |
3312(d) | 40:619(c). | |
3312(e) | 40:619(d). | |
3312(f) | 40:619(e). | |
3312(g) | 40:619(f). |
Ex. Ord. No. 13728, May 18, 2016, 81 F.R. 32223, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to improve the Nation's resilience to wildfire, I hereby direct the following:
The Federal Government must continue to take proactive steps to enhance the resilience of buildings that are owned by the Federal Government and are located on Federal land. Each executive department and agency (agency) responsible for implementing this order shall seek to enhance the resilience of its buildings when making investment decisions to ensure continued performance of essential functions and to reduce risks to its buildings' occupants in the event of a wildfire.
(b) Commencing within 90 days of the completion of the implementing guidelines as described in section 3(b)(i) of this order, each agency responsible for the alteration of an existing Federal building above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk for which the agency has not completed design shall ensure that the alteration is effectuated in compliance with the IWUIC, or an equivalent code, consistent with the provisions of and to the extent required by 40 U.S.C. 3312. When the ICC releases a new version of the IWUIC, a determination shall be made whether the new version is a nationally recognized code for the purposes of 40 U.S.C. 3312(b), as expeditiously as practicable, but not later than 2 years after the release of the new version. If a determination is made that a new version is a nationally recognized code, agencies shall ensure that any Federal building covered by this section for which the agency has not completed design is in compliance with that new version, or an equivalent code, consistent with the provisions of and to the extent required by 40 U.S.C. 3312.
(c) Each agency that owns an existing Federal building above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk is strongly encouraged to ensure that such existing buildings are in compliance with the IWUIC, or an equivalent code.
(d) The heads of agencies whose activities are covered by sections 2(a) and 2(b) of this order shall complete a wildfire risk assessment of their existing Federal buildings above 5,000 gross square feet within the wildland-urban interface and are strongly encouraged to consider creating and maintaining a defensible space in compliance with the IWUIC, or an equivalent code, for each of those buildings they determine to be at highest risk.
(e) Each agency that leases space in a building to be constructed for the predominant use of an agency above 5,000 rentable square feet in the wildland-urban interface in an area of greater than moderate wildfire risk is strongly encouraged to ensure that the building is designed and constructed in accord with the IWUIC, or an equivalent code.
(f) Each agency assisting in the financing, through Federal grants or loans, or guaranteeing the financing, through loan or mortgage insurance premiums, of a newly constructed building or of an alteration of an existing building above 5,000 gross square feet within the wildland-urban interface at moderate or greater wildfire risk shall consider updating its procedures for providing the assistance to be consistent with sections 2(a) and 2(b) of this order, to ensure appropriate consideration of wildfire-resistant design and construction.
(g) To the extent permitted by law, the heads of all agencies may:
(i) require higher performance levels than exist in the codes described in section 2(a) of this order;
(ii) apply the requirements within section 2(a) of this order to new buildings less than 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk; and
(iii) apply the requirements within section 2(b) of this order to existing buildings less than 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk.
(h) When calculating whether a building is at moderate or greater wildfire risk, agencies should act in accordance with the methods described in the 2015 edition of the IWUIC, or any subsequent version that is determined to be a nationally recognized code for the purposes of 40 U.S.C. 3312(b), or an equivalent code, or in accordance with an equivalent method.
(i) Each building constructed or altered in accordance with section 2(a) or (b) of this order shall comply with the IWUIC, or an equivalent code, only to the maximum extent feasible as determined by the head of an agency.
(b) The Mitigation Framework Leadership Group (MitFLG) shall:
(i) create implementing guidelines to advise and assist agency compliance with the code requirements within 240 days of the date of this order;
(ii) provide assistance to the agencies in interpreting the implementing guidelines.
(c) When determining whether buildings are located within the wildland-urban interface, agencies shall use the U.S. Department of Agriculture Forest Service's, "The 2010 Wildland-Urban Interface of the Conterminous United States," or an equivalent tool. The Secretary of Agriculture shall provide assistance to the agencies in determining whether buildings are located within the wildland-urban interface.
(d) The heads of agencies whose activities are covered by sections 2(a) and 2(b) of this order shall submit a report once every 2 years to the Chair of the MitFLG on their progress in implementing the order, commencing 2 years from the date of this order.
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law, including the National Historic Preservation Act of 1966, and subject to the availability of appropriations.
(c) This order applies only to buildings within the United States and its territories and possessions.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
(a)
(b)
(c)
(1) the life-cycle cost effectiveness of the fixture or bulb;
(2) the compatibility of the fixture or bulb with existing equipment;
(3) whether use of the fixture or bulb could result in interference with productivity;
(4) the aesthetics relating to use of the fixture or bulb; and
(5) such other factors as the Administrator determines appropriate.
(d)
(1) the fixture or bulb is certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a);
(2) in the case of all light-emitting diode (LED) luminaires, lamps, and systems whose efficacy (lumens per watt) and Color Rendering Index (CRI) meet the Department of Energy requirements for minimum luminaire efficacy and CRI for the Energy Star certification, as verified by an independent third-party testing laboratory that the Administrator and the Secretary of Energy determine conducts its tests according to the procedures and recommendations of the Illuminating Engineering Society of North America, even if the luminaires, lamps, and systems have not received such certification; or
(3) the Administrator and the Secretary of Energy have otherwise determined that the fixture or bulb is energy efficient.
(e)
(f)
(g)
(h)
(Added Pub. L. 110–140, title III, §323(c)(1)(B), Dec. 19, 2007, 121 Stat. 1590.)
The Buy American Act, referred to in subsec. (g), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was classified generally to sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substantially repealed and restated in chapter 83 (§8301 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1933 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
The date of enactment of this subsection, referred to in subsec. (h), is the date of enactment of Pub. L. 110–140, which was approved Dec. 19, 2007.
A prior section 3313 was renumbered section 3315 of this title.
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
1 See References in Text note below.
(a)
(b)
(1) to a restroom in a public building that is not available or accessible for public use;
(2) to a restroom in a public building that contains clear and conspicuous signage indicating where a restroom with a baby changing table is located on the same floor of such public building;
(3) if new construction would be required to install a baby changing facility in the public building and the cost of such construction is unfeasible; or
(4) to a building not subject to an alteration as set forth in section 3307.
(c)
(1)
(2)
(Added Pub. L. 114–235, §2(a)(2), Oct. 7, 2016, 130 Stat. 964.)
The Americans with Disabilities Act, referred to in subsec. (a), probably means the Americans with Disabilities Act of 1990, Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
A prior section 3314 was renumbered section 3315 of this title.
Pub. L. 114–235, §2(c), Oct. 7, 2016, 130 Stat. 965, provided that: "The requirement under section 3314(a) of title 40, United States Code, shall apply in the case of a public building constructed, altered, or acquired by the Administrator of General Services on or after the date that is 1 year after the date of the enactment of this Act [Oct. 7, 2016], beginning on that date."
1 So in original. Probably should be "
(a)
(1) shall, except for the authority contained in section 3305(b) of this title, be delegated on request to the appropriate executive agency when the estimated cost of the project does not exceed $100,000; and
(2) may be delegated to the appropriate executive agency when the Administrator determines that delegation will promote efficiency and economy.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1166, §3313; Pub. L. 109–304, §17(g)(3), Oct. 6, 2006, 120 Stat. 1709; renumbered §3314, Pub. L. 110–140, title III, §323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renumbered §3315, Pub. L. 114–235, §2(a)(1), Oct. 7, 2016, 130 Stat. 964.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3313(a) | 40:614 (1st sentence). | Pub. L. 86–249, §15, Sept. 9, 1959, 73 Stat. 483. |
3313(b) | 40:614 (last sentence). |
In subsection (a), before clause (1), the words "duties and powers" are substituted for "responsibilities and authorities" for consistency in the revised title and with other titles of the United States Code.
A prior section 3315 was renumbered section 3316 of this title.
2016—Pub. L. 114–235 renumbered section 3314 of this title as this section.
2007—Pub. L. 110–140 renumbered section 3313 of this title as this section.
2006—Subsec. (a). Pub. L. 109–304 substituted "The" for "Except for the authority contained in section 3305(b) of this title, the" in introductory provisions and "shall, except for the authority contained in section 3305(b) of this title," for "shall" in par. (1).
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
(a)
(1) is to be under authority of this chapter; and
(2) was uncompleted as of the date of the request, or as of another date the request may designate.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1166, §3314; renumbered §3315, Pub. L. 110–140, title III, §323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renumbered §3316, Pub. L. 114–235, §2(a)(1), Oct. 7, 2016, 130 Stat. 964.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3314(a) | 40:610(a). | Pub. L. 86–249, §11, Sept. 9, 1959, 73 Stat. 481; Pub. L. 96–470, title II, §211, Oct. 19, 1980, 94 Stat. 2246; Pub. L. 103–437, §14(b)(2), Nov. 2, 1994, 108 Stat. 4591. |
3314(b) | 40:610(b). |
In subsection (b), the words "United States Postal Service" are substituted for "Postmaster General" in section 11(b) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 481) because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773). The words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 11(b) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.).
A prior section 3316 was renumbered section 3317 of this title.
2016—Pub. L. 114–235 renumbered section 3315 of this title as this section.
2007—Pub. L. 110–140 renumbered section 3314 of this title as this section.
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
This chapter does not limit or repeal the authority conferred by law on the United States Postal Service.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1167, §3315; renumbered §3316, Pub. L. 110–140, title III, §323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renumbered §3317, Pub. L. 114–235, §2(a)(1), Oct. 7, 2016, 130 Stat. 964.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3315 | 40:615. | Pub. L. 86–249, §16, Sept. 9, 1959, 73 Stat. 483; Pub. L. 91–375, §6(m)(3), Aug. 12, 1970, 84 Stat. 782. |
The text of 40:615(1) is omitted as obsolete.
2016—Pub. L. 114–235 renumbered section 3316 of this title as this section.
2007—Pub. L. 110–140 renumbered section 3315 of this title as this section.
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
In this chapter, the following definitions apply:
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1167.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3501 | 40:460. | Aug. 2, 1954, ch. 649, title VII, §703, 68 Stat. 641; Pub. L. 90–19, §10(d), May 25, 1967, 81 Stat. 22; Pub. L. 93–383, title IV, §401(c), Aug. 22, 1974, 88 Stat. 691. |
In this section, the text of 40:460(2) is omitted as unnecessary because the complete name of the Secretary of Housing and Urban Development is used the first time the term appears in a section.
In clause (1), the words "or 'public agencies' " are omitted as unnecessary because of 1:1.
In clause (3), the words "Guam, the Virgin Islands" are added to clarify that the provisions of the source law apply to those jurisdictions. The words "the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau" are substituted for "the Trust Territory of the Pacific Islands" because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
(a)
(1) to encourage public agencies and Indian tribes to maintain at all times a current and adequate reserve of planned public works the construction of which can rapidly be commenced, particularly when the national or local economic situation makes that action desirable; and
(2) to help attain maximum economy and efficiency in the planning and construction of public works.
(b)
(c)
(d)
(1) the project is planned to be constructed within or over a reasonable period of time considering the nature of the project;
(2) the project conforms to an overall state, local, or regional plan approved by a competent state, local, or regional authority; and
(3) the public agency or Indian tribe formally contracts with the Federal Government to complete the plan preparation promptly and to repay part or all of the advance when due.
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1167.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3502 | 40:462(a), (b), (d). | Aug. 2, 1954, ch. 649, title VII, §702(a), (b), (d), 68 Stat. 641; Aug. 11, 1955, ch. 783, title I, §112, 69 Stat. 641; Pub. L. 87–70, title V, §502(1), (2), June 30, 1961, 75 Stat. 175; Pub. L. 88–560, title VI, §602(a)–(c), (e), (f), Sept. 2, 1964, 78 Stat. 799; Pub. L. 90–19, §10(a) (related to 40:462), May 25, 1967, 81 Stat. 22; Pub. L. 90–448, title VI, §607, Aug. 1, 1968, 82 Stat. 534; Pub. L. 100–242, title V, §524(1), Feb. 5, 1988, 101 Stat. 1939. |
In subsection (a), the words "section 3324(a) and (b) of title 31" are substituted for "section 3648 of the Revised Statutes, as amended" in section 702(a) of the Housing Act of 1954 (ch. 649, 68 Stat. 641) because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words "municipalities and other" are omitted as being included in "public agencies".
In subsection (c), the words "in any way" are omitted as unnecessary.
In subsection (e), the word "rules" is omitted as being included in "regulations".
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1168.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3503 | 40:462(e). | Aug. 2, 1954, ch. 649, title VII, §702(e), 68 Stat. 641; Aug. 11, 1955, ch. 783, title I, §112, 69 Stat. 641; Pub. L. 87–70, title V, §502(3), (4), June 30, 1961, 75 Stat. 175; Pub. L. 88–560, title VI, §602(a), Sept. 2, 1964, 78 Stat. 799; Pub. L. 89–117, title XI, §1104, Aug. 10, 1965, 79 Stat. 503; Pub. L. 90–19, §10(a) (related to 40:462), May 25, 1967, 81 Stat. 22. |
In subsection (a), the words "heretofore or hereafter" are omitted as unnecessary. The text of 40:462(e)(2) is omitted as obsolete. Title V of the War Mobilization and Reconversion Act of 1944 (50 App.:1671) terminated on June 30, 1947. The Act of October 13, 1949 (40:451 et seq.) authorized the Housing and Home Finance Administrator to make certain loans and advances for the 2-year period immediately following October 13, 1951.
In subsection (b), the words "in addition to amounts authorized to be appropriated for the purposes of this section before September 2, 1964" are omitted as executed.
The Secretary of Housing and Urban Development may use during a fiscal year not more than $100,000 of the amount in the revolving fund established under section 3503 of this title to conduct surveys of the status and current volume of state and local public works planning and surveys of estimated requirements for state and local public works. In conducting a survey, the Secretary, may use or act through any department or agency of the Federal Government, with the consent of the department or agency.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1168.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3504 | 40:462(f). | Aug. 2, 1954, ch. 649, title VII, §702(f), as added Pub. L. 86–372, title VIII, §801, Sept. 23, 1959, 73 Stat. 686; Pub. L. 88–560, title VI, §602(d), Sept. 2, 1964, 78 Stat. 799; Pub. L. 90–19, §10(a) (related to 40:462), May 25, 1967, 81 Stat. 22. |
In accordance with accounting and other procedures the Secretary of Housing and Urban Development prescribes, each advance made by the Secretary under this chapter that had any principal amount outstanding on February 5, 1988, was forgiven. The terms and conditions of any contract, or any amendment to a contract, for that advance with respect to any promise to repay the advance were canceled.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1168.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3505 | 40:462(g). | Aug. 2, 1954, ch. 649, title VII, §702(g), as added Pub. L. 87–658, §6, Sept. 14, 1962, 76 Stat. 544; Pub. L. 100–242, title V, §524(2), Feb. 5, 1988, 101 Stat. 1939. |
(a)
(b)
(1)
(A) any contract that may require or involve the employment of laborers or mechanics on a public work of the Federal Government, a territory of the United States, or the District of Columbia; and
(B) any other contract that may require or involve the employment of laborers or mechanics if the contract is one—
(i) to which the Government, an agency or instrumentality of the Government, a territory, or the District of Columbia is a party;
(ii) which is made for or on behalf of the Government, an agency or instrumentality, a territory, or the District of Columbia; or
(iii) which is a contract for work financed at least in part by loans or grants from, or loans insured or guaranteed by, the Government or an agency or instrumentality under any federal law providing wage standards for the work.
(2)
(A) including watchmen, guards, and workers performing services in connection with dredging or rock excavation in any river or harbor of the United States, a territory, or the District of Columbia; but
(B) not including an employee employed as a seaman.
(3)
(A)
(i) a contract for—
(I) transportation by land, air, or water;
(II) the transmission of intelligence; or
(III) the purchase of supplies or materials or articles ordinarily available in the open market;
(ii) any work required to be done in accordance with the provisions of chapter 65 of title 41; and
(iii) a contract in an amount that is not greater than $100,000.
(B)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109–284, §6(14), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(19), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3701(a) | (no source). | |
3701(b)(1) | 40:329(a) (1st sentence less proviso). | Pub. L. 87–581, title I, §103(a), (b), Aug. 13, 1962, 76 Stat. 358. |
3701(b)(2) | 40:329(a) (last sentence). | |
3701(b)(3) (A)(i), (ii) | 40:329(b). | |
3701(b)(3) (A)(iii) | 40:329(c). | Pub. L. 87–581, title I, §103(c), as added Pub. L. 103–355, title IV, §4104(c)(1), Oct. 13, 1994, 108 Stat. 3342. |
3701(b)(3)(B) | 40:329(a) (1st sentence proviso). |
Subsection (a) is added for clarity.
In subsection (b)(1), before clause (A), the words "except as otherwise provided" are omitted as unnecessary.
In subsection (b)(2), before clause (A), the words "Except as otherwise expressly provided" are omitted as unnecessary.
In subsection (b)(3)(A)(ii), the words "Walsh-Healey Act" are substituted for ["]Walsh-Healey Public Contracts Act" to use the correct short title of the Act.
The Contract Work Hours and Safety Standards Act, referred to in subsec. (a), is title I of Pub. L. 87–581, Aug. 13, 1962, 76 Stat. 357, as amended, which was classified generally to subchapter II (§327 et seq.) of chapter 5 of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as this chapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 101 of title I of Pub. L. 87–581 was classified to section 327 of former Title 40 and was repealed and not reenacted by Pub. L. 107–217. For complete classification of this Act to the Code, see Tables.
2011—Subsec. (b)(3)(A)(ii). Pub. L. 111–350 substituted "chapter 65 of title 41" for "the Walsh-Healey Act (41 U.S.C. 35 et seq.)".
2006—Subsec. (b)(3)(B). Pub. L. 109–284 substituted "3702" for "3902" in heading and text and "paragraph (1)(B)(iii)" for "subsection (a)(2)(C)" in text.
(a)
(b)
(1) a contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is employed on that work, to work more than 40 hours in that workweek, except as provided in this chapter; and
(2) when a violation of clause (1) occurs, the contractor and any subcontractor responsible for the violation are liable—
(A) to the affected employee for the employee's unpaid wages; and
(B) to the Government, the District of Columbia, or a territory for liquidated damages as provided in the contract.
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109–284, §6(15), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3702(a) | 40:328(a). | Pub. L. 87–581, title I, §102, Aug. 13, 1962, 76 Stat. 357; Pub. L. 99–145, title XII, §1241(a), Nov. 8, 1985, 99 Stat. 734. |
3702(b) | 40:328(b) (words before (1)), (1), (2) (1st sentence). | |
3702(c) | 40:328(b)(2) (2d sentence). | |
3702(d) | 40:328(b)(2) (last sentence). |
In subsection (a). the words "Notwithstanding any other provision of law" are omitted as unnecessary.
2006—Subsec. (d). Pub. L. 109–284 substituted "To" for "to" in heading.
(a)
(b)
(1)
(2)
(A) liquidated damages to be withheld for the use and benefit of the Government, territory, or District; and
(B) unpaid wages to be withheld for the use and benefit of the laborers and mechanics who were not compensated as required under this chapter.
(3)
(c)
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1170; Pub. L. 113–50, §2(b), Nov. 21, 2013, 127 Stat. 578.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3703(a) | 40:330(a) (1st sentence). | Pub. L. 87–581, title I, §104, Aug. 13, 1962, 76 Stat. 358; Pub. L. 97–164, title I, §160(a)(13), Apr. 2, 1982, 96 Stat. 48. |
3703(b) | 40:330(a) (2d, last sentences). | |
3703(c) | 40:330(b). | |
3703(d) | 40:330(c). | |
3703(e) | 40:330(d). |
In subsection (a), the words "or possession" are omitted for consistency in this chapter. The words "or days" are omitted because of 1:1.
In subsection (c), the word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner" (meaning the Commissioner of the District of Columbia) because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
In subsection (d)(4), the words "United States Court of Federal Claims" are substituted for "United States Claims Court" because of section 902(b)(1) of the Federal Courts Administration Act of 1992 (Public Law 102–572, 106 Stat. 4516).
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (e)(1), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.
2013—Subsec. (b)(3). Pub. L. 113–50 substituted "Secretary of Labor" for "Comptroller General" in two places.
(a)
(1)
(2)
(b)
(1)
(2)
(A) section 3701(b)(1)(B)(i) or (ii) of this title, the governmental agency for which the contract work is done may cancel the contract and make other contracts for the completion of the contract work, charging any additional cost to the original contractor; or
(B) section 3701(b)(1)(B)(iii) of this title, the governmental agency which is providing the financial guarantee, assistance, or insurance for the contract work may withhold the guarantee, assistance, or insurance attributable to the performance of the contract.
(3)
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(A) Three members shall be individuals representative of contractors to whom this section applies.
(B) Three members shall be individuals representative of employees primarily in the building trades and construction industry engaged in carrying out contracts to which this section applies.
(C) Three members shall be public representatives who shall be selected on the basis of their professional and technical competence and experience in the construction health and safety field.
(3)
(4)
(A) in formulating construction safety and health standards and other regulations; and
(B) on policy matters arising in carrying out this section.
(5)
(6)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1172; Pub. L. 109–284, §6(16), (17), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(20), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3704(a) | 40:333(a). | Pub. L. 87–581, title I, §107(a)–(e), as added Pub. L. 91–54, §1, Aug. 9, 1969, 83 Stat. 96; Pub. L. 103–355, title IV, §4104(c)(2), Oct. 13, 1994, 108 Stat. 3342. |
3704(b) | 40:333(b), (c). | |
3704(c) | 40:333(d). | |
3704(d) | 40:333(e). |
In subsection (a)(1), the words "in an amount greater than $100,000" are substituted for "(other than a contract referred to in section 329(c) of this title)" for clarity.
In subsection (b), the text of 40:333(c) is omitted as unnecessary because the district courts have jurisdiction on all civil actions involving a federal question since the requirement of a threshold amount in controversy was deleted. In paragraph (2)(B), the words "guarantee" and "insurance" are added for consistency in this section and with section 3701(b)(1)(B)(iii) of the revised title.
In subsection (c)(2), the words "The Secretary shall end the ban" are substituted for "he [sic] shall terminate the application of the preceding sentence to such contractor or subcontractor (and to any person in which the contractor or subcontractor has a substantial interest)" for clarity and to eliminate unnecessary words. The word "thereafter" is omitted as unnecessary.
In subsection (c)(3), the words "as provided in section 2112 of title 28", "make and", and "upon certiorari or certification" are omitted as unnecessary.
In subsection (d)(2), before clause (A), the words "chapter 33 of title 5" are substituted for "the civil service laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
In subsection (d)(6), the words "expenses under section 5703 of title 5" are substituted for 40:333(e)(3)(words after semicolon) to eliminate unnecessary words.
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a)(1), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.
2011—Subsec. (b)(1). Pub. L. 111–350 substituted "sections 6506 and 6507 of title 41" for "sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39)".
2006—Subsec. (a)(1). Pub. L. 109–284, §6(16), inserted "of title 5" after "authorized by section 553".
Subsec. (a)(2). Pub. L. 109–284, §6(17), struck out "of this section" after "subsection (d)".
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.
The Secretary of Labor shall—
(1) provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance, and prevention of unsafe working conditions in employment covered by this chapter; and
(2) collect reports and data and consult with and advise employers as to the best means of preventing injuries.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3705 | 40:333(f). | Pub. L. 87–581, title I, §107(f), as added Pub. L. 91–54, §1, Aug. 9, 1969, 83 Stat. 98. |
The Secretary of Labor may provide reasonable limitations to, and may prescribe regulations allowing reasonable variations to, tolerances from, and exemptions from, this chapter that the Secretary may find necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment of the conduct of Federal Government business.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3706 | 40:331. | Pub. L. 87–581, title I, §105, Aug. 13, 1962, 76 Stat. 359. |
In a contract to acquire a commercial item (as defined in section 103 of title 41), a certification by a contractor or a contract clause may not be required to implement a prohibition or requirement in this chapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174; Pub. L. 111–350, §5(l)(21), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3707 | 40:334. | Pub. L. 87–581, title I, §108, as added Pub. L. 103–355, title VIII, §8301(b), Oct. 13, 1994, 108 Stat. 3396. |
2011—Pub. L. 111–350 substituted "section 103 of title 41" for "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)".
A contractor or subcontractor having a duty to employ, direct, or control a laborer or mechanic employed in the performance of work contemplated by a contract to which this chapter applies that intentionally violates this chapter shall be fined under title 18, imprisoned for not more than six months, or both.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3708 | 40:332. | Pub. L. 87–581, title I, §106, Aug. 13, 1962, 76 Stat. 359. |
The words "shall be fined under title 18" are substituted for "shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be punished by a fine of not to exceed $1,000" for consistency with chapter 227 of title 18. The words "in the discretion of the court having jurisdiction thereof" are omitted as unnecessary.
In this chapter, the term "Capitol Buildings" means the United States Capitol, the Senate and House Office Buildings and garages, the Capitol Power Plant, all buildings on the real property described under section 5102(c) (including the Administrative Building of the United States Botanic Garden) 1 all buildings on the real property described under section 5102(d), all subways and enclosed passages connecting two or more of those structures, and the real property underlying and enclosed by any of those structures.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174; Pub. L. 108–7, div. H, title I, §1016(a), Feb. 20, 2003, 117 Stat. 364; Pub. L. 110–161, div. H, title I, §1004(d)(2)(A)(i), Dec. 26, 2007, 121 Stat. 2233; Pub. L. 110–178, §4(b)(1)(A), Jan. 7, 2008, 121 Stat. 2551; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5101 | 40:193m(1). | July 31, 1946, ch. 707, §16(a)(1), 60 Stat. 721; Pub. L. 90–108, §1(d), Oct. 20, 1967, 81 Stat. 277. |
2010—Pub. L. 111–145 repealed Pub. L. 110–161, §1004(d)(2)(A)(i). See 2007 Amendment note below.
2008—Pub. L. 110–178 inserted "all buildings on the real property described under section 5102(d)" after "(including the Administrative Building of the United States Botanic Garden)".
2007—Pub. L. 110–161, §1004(d)(2)(A)(i), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
2003—Pub. L. 108–7 inserted "all buildings on the real property described under section 5102(c) (including the Administrative Building of the United States Botanic Garden)," after "Capitol Power Plant,".
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of Title 2, The Congress.
Amendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
Amendment by Pub. L. 110–161 effective Oct. 1, 2009, see section 1004(d)(4) of Pub. L. 110–161, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
Amendment by Pub. L. 108–7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1016(d) of Pub. L. 108–7, set out as a note under section 1961 of Title 2, The Congress.
Pub. L. 114–74, title XII, §1201, Nov. 2, 2015, 129 Stat. 639, provided that: "The first floor of the area of the House of Representatives wing of the United States Capitol known as the small House rotunda is designated the 'Freedom Foyer'."
Pub. L. 110–139, §1, Dec. 18, 2007, 121 Stat. 1491, provided that:
"(a)
"(b)
1 So in original. Probably should be followed by a comma.
(a)
(b)
(1)
(2)
(A)
(B)
(c)
(1)
(A) the National Garden of the United States Botanic Garden;
(B) all grounds contiguous to the Administrative Building of the United States Botanic Garden, including Bartholdi Park; and
(C) all grounds bounded by the curblines of First Street, Southwest on the east; Washington Avenue, Southwest to its intersection with Independence Avenue, and Independence Avenue from such intersection to its intersection with Third Street, Southwest on the south; Third Street, Southwest on the west; and Maryland Avenue, Southwest on the north.
(2)
(3)
(d)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1175; Pub. L. 108–7, div. H, title I, §1016(b), Feb. 20, 2003, 117 Stat. 364; Pub. L. 110–161, div. H, title I, §1004(d)(2)(A)(ii), Dec. 26, 2007, 121 Stat. 2233; Pub. L. 110–178, §4(b)(1)(B), Jan. 7, 2008, 121 Stat. 2551; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
For provisions directing amendment of this section (or section 1 of the Act of July 31, 1946, as amended (former 40 U.S.C. 193a), which was repealed and reenacted by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as this section) to include within or exclude from the definition of the United States Capitol Grounds certain parcels or areas, see notes set out below and under section 6101 of this title.
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5102 | 40:193a. | July 31, 1946, ch. 707, §1, 60 Stat. 718; Pub. L. 90–108, §1(a), Oct. 20, 1967, 81 Stat. 275; Pub. L. 93–198, §739(g)(7), Dec. 24, 1973, 87 Stat. 829; Pub. L. 96–432, §2, Oct. 10, 1980, 94 Stat. 1852. |
In subsection (b)(2), the words "Mayor of the District of Columbia" are substituted for "Commissioners of the District of Columbia" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner of the District of Columbia" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789). In subparagraph (A), the words "Washington Avenue Southwest" are substituted for "Canal Street S. W." and "Canal Street Southwest" because of section 2 of D.C. Law 8–39. See section 7–451 note of the District of Columbia Code.
Section 307E of the Legislative Branch Appropriations Act, 1989, referred to in subsec. (c)(3), is section 307E of Pub. L. 100–458, which was classified to section 216c of former Title 40, Public Buildings, Property, and Works, and was transferred to section 2146 of Title 2, The Congress.
2010—Subsec. (d). Pub. L. 111–145 repealed Pub. L. 110–161, §1004(d)(2)(A)(ii). See 2007 Amendment note below.
2008—Subsec. (d). Pub. L. 110–178 added subsec. (d).
2007—Subsec. (d). Pub. L. 110–161, §1004(d)(2)(A)(ii), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
2003—Subsec. (c). Pub. L. 108–7 added subsec. (c).
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of Title 2, The Congress.
Amendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
Amendment by Pub. L. 110–161 effective Oct. 1, 2009, see section 1004(d)(4) of title I of div. H of Pub. L. 110–161, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
Amendment by Pub. L. 108–7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1016(d) of Pub. L. 108–7, set out as a note under section 1961 of Title 2, The Congress.
Pub. L. 113–76, div. I, title II, §213, Jan. 17, 2014, 128 Stat. 436, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(A) may issue a permit authorizing a person to engage in commercial activity in Union Square if the activity is similar to the types of commercial activity permitted in Union Square prior to the transfer of jurisdiction and control of Union Square to the Architect of the Capitol under section 1202 of the Legislative Branch Appropriations Act, 2012 (Public Law 112–74) [2 U.S.C. 1811 note]; and
"(B) under the terms and conditions of such a permit, may require the person to whom the permit is issued to pay a fee to cover any costs incurred by the Architect of the Capitol as a result of the issuance of the permit, if the fees are similar to the fees collected by the Director of the National Park Service for commercial activity permitted in Union Square prior to such transfer of jurisdiction and control.
"(2)
"(c)
"(1)
"(2)
"(3)
"(d)
Pub. L. 109–396, title II, §§201, 204, title IV, §§401–407, Dec. 15, 2006, 120 Stat. 2713, 2715, 2718–2720, provided that:
"(a)
"(1)
"(A) An unimproved portion of Audubon Terrace Northwest, located east of Linnean Avenue Northwest, that is within U.S. Reservation 402 (National Park Service property).
"(B) An unimproved portion of Barnaby Street Northwest, north of Aberfoyle Place Northwest, that abuts U.S. Reservation 545 (National Park Service property).
"(C) A portion of Canal Street Southwest, and a portion of V Street Southwest, each of which abuts U.S. Reservation 467 (National Park Service property).
"(D) Unimproved streets and alleys at Fort Circle Park located within the boundaries of U.S. Reservation 497 (National Park Service property).
"(E) An unimproved portion of Western Avenue Northwest, north of Oregon Avenue Northwest, that abuts U.S. Reservation 339 (National Park Service property).
"(F) An unimproved portion of 17th Street Northwest, south of Shepherd Street Northwest, that abuts U.S. Reservation 339 (National Park Service property).
"(G) An unimproved portion of 30th Street Northwest, north of Broad Branch Road Northwest, that is within the boundaries of U.S. Reservation 515 (National Park Service property).
"(H) Subject to paragraph (2), lands over I–395 bounded by Washington Avenue Southwest, 2nd Street Southwest, and the C Street Southwest ramps to I–295.
"(I) A portion of U.S. Reservation 357 at Whitehaven Parkway Northwest, previously transferred to the District of Columbia in conjunction with the former proposal for a residence for the Mayor of the District of Columbia.
"(2)
"(A) the District of Columbia shall retain administrative jurisdiction over the subsurface area beneath the site for the tunnel, walls, footings, and related facilities;
"(B) C Street Southwest shall not be connected between 2nd Street Southwest and Washington Avenue Southwest without the approval of the Architect of the Capitol; and
"(C) a walkway shall be included across the site of the memorial between 2nd Street Southwest and Washington Avenue Southwest.
"(3)
"(A)
"(i) The northernmost .249 acres is transferred to the Secretary for administration by the Director, who (subject to the approval of the Architect of the Capitol) shall landscape the parcel or use the parcel for special needs parking for the memorial referred to in paragraph (2).
"(ii) The remaining portion is transferred to the Architect of the Capitol.
"(B)
"(b)
"(1) A portion of U.S. Reservation 451.
"(2) A portion of U.S. Reservation 404.
"(3) U.S. Reservations 44, 45, 46, 47, 48, and 49.
"(4) U.S. Reservation 251.
"(5) U.S. Reservation 8.
"(6) U.S. Reservations 277A and 277C.
"(7) Portions of U.S. Reservation 470.
"(c)
"(a)
"(b)
"(c)
"(d)
"(1) A study is completed that analyzes—
"(A) whether one or more other underutilized, surplus, or excess Federal facilities exist in which such a mail screening facility could be more economically located; and
"(B) whether it would be more efficient and economical for the House of Representatives and Senate to share one mail screening facility.
"(2) The study is submitted to the relevant committees of Congress.
"(3) No fewer than 30 days have lapsed since the date of the submission under paragraph (2).
"In this Act [see Short Title of 2006 Amendment note set out under section 101 of this title], the following definitions apply:
"(1) The term 'Administrator' means the Administrator of General Services.
"(2) The term 'Director' means the Director of the National Park Service.
"(3) The term 'Map' means the map entitled 'Transfer and Conveyance of Properties in the District of Columbia', numbered 869/80460, and dated July 2005, which shall be kept on file in the appropriate office of the National Park Service.
"(4) The term 'park purposes' includes landscaped areas, pedestrian walkways, bicycle trails, seating, opensided shelters, natural areas, recreational use areas, and memorial sites reserved for public use.
"(5) The term 'Secretary' means the Secretary of the Interior.
"The United States shall not be responsible for paying any costs and expenses, other than costs and expenses related to or associated with environmental liabilities or cleanup actions provided under law, which are incurred by the District of Columbia or any other parties at any time in connection with effecting the provisions of this Act or any amendment made by this Act.
"An officer or employee of the United States or the District of Columbia may contract for payment of costs or expenses related to any properties which are conveyed or for which administrative jurisdiction is transferred under this Act or any amendment made by this Act.
"Nothing in this Act or any amendment made by this Act may be construed to affect or limit the application of or obligation to comply with any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
"(a)
"(b)
"(1) the use and development during the previous 2 years of land for which title is conveyed and land for which administrative jurisdiction is transferred pursuant to this Act; and
"(2) if applicable, how such use and development complies with the Anacostia Waterfront Framework Plan referred to in section 103 of the Anacostia Waterfront Corporation Act of 2004 (sec. 2–1223.03, D.C. Official Code).
"(c)
"Upon transfer to the Architect of the Capitol of title to, or administrative jurisdiction over, any property pursuant to this Act, the property shall be a part of the United States Capitol Grounds and shall be subject to sections 9, 9A, 9B, 9C, 14, and 16(b) of the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes' [2 U.S.C. 1961, 1966, 1967, 1922, 1969, 1961 note] (relating to the policing of the United States Capitol Grounds) and sections 5101 to 5107 and 5109 of title 40, United States Code (relating to prohibited acts within the United States Capitol Grounds).
"With respect to each property conveyed under this Act or any amendment made by this Act, the Mayor of the District of Columbia, the Administrator, or the Secretary (as the case may be) shall execute and deliver a quitclaim deed or prepare and record a transfer plat, as appropriate, not later than 6 months after the property is conveyed."
Pub. L. 108–447, div. G, title II, §213, Dec. 8, 2004, 118 Stat. 3196, provided that:
"(a)
"(1)
"(2)
"(A) That portion of New Jersey Avenue, N.W., between the northernmost point of the intersection of New Jersey Avenue, N.W., and D Street, N.W., and the northernmost point of the intersection of New Jersey Avenue, N.W., and Louisiana Avenue, N.W., between squares 631 and W632, which remains Federal property, and whose maintenance and repair shall be the responsibility of the District of Columbia.
"(B) That portion of D Street, N.W., between its intersection with New Jersey Avenue, N.W., and its intersection with Louisiana Avenue, N.W., between squares 630 and W632, which remains Federal property.
"(b)
"(1)
"(2)
"(A)
"(B)
"(3)
"(c)
Pub. L. 104–333, div. I, title V, §514, Nov. 12, 1996, 110 Stat. 4165, provided that:
"(a)
"(1) to assist in the effort to timely establish within the District of Columbia a national memorial to Japanese American patriotism in World War II; and
"(2) to improve management of certain parcels of Federal real property located within the District of Columbia,
by the transferring jurisdiction over such parcels to the Architect of the Capitol, the Secretary of the Interior, and the Government of the District of Columbia.
"(b)
"(1)
"(2)
"(A)
"(i)
"(I) That triangle of Federal land, including any contiguous sidewalks and tree space, that is part of the United States Capitol Grounds under the jurisdiction of the Architect of the Capitol bound by D Street, N.W., New Jersey Avenue, N.W., and Louisiana Avenue, N.W., in square W632 in the District of Columbia, as shown on the Map Showing Properties Under Jurisdiction of the Architect of the Capitol, dated November 8, 1994.
"(II) That triangle of Federal land, including any contiguous sidewalks and tree space, that is part of the United States Capitol Grounds under the jurisdiction of the Architect of the Capitol bound by C Street, N.W., First Street, N.W., and Louisiana Avenue, N.W., in the District of Columbia, as shown on the Map Showing Properties Under Jurisdiction of the Architect of the Capitol, dated November 8, 1994.
"(ii)
"(iii)
"(B)
"(i) That portion of the triangle of Federal land in Reservation No. 204 in the District of Columbia under the jurisdiction of the Secretary of the Interior, including any contiguous sidewalks, bound by Constitution Avenue, N.E., on the north, the branch of Maryland Avenue, N.E., running in a northeast direction on the west, the major portion of Maryland Avenue, N.E., on the south, and 2nd Street, N.E., on the east, including the contiguous sidewalks.
"(ii) That irregular area of Federal land in Reservation No. 204 in the District of Columbia under the jurisdiction of the Secretary of the Interior, including any contiguous sidewalks, northeast of the real property described in clause (i) bound by Constitution Avenue, N.E., on the north, the branch of Maryland Avenue, N.E., running to the northeast on the south, and the private property on the west known as lot 7, in square 726.
"(iii) The two irregularly shaped medians lying north and east of the property described in clause (i), located between the north and south curbs of Constitution Avenue, N.E., west of its intersection with Second Street, N.E., all as shown in Land Record No. 268, dated November 22, 1957, in the Office of the Surveyor, District of Columbia, in Book 138, Page 58.
"(iv) All sidewalks under the jurisdiction of the District of Columbia abutting on and contiguous to the land described in clauses (i), (ii), and (iii).
"(C)
"(i) That portion of New Jersey Avenue, N.W., between the northernmost point of the intersection of New Jersey Avenue, N.W., and D Street, N.W., and the northernmost point of the intersection of New Jersey Avenue, N.W., and Louisiana Avenue, N.W., between squares 631 and W632, which remains Federal property.
"(ii) That portion of D Street, N.W., between its intersection with New Jersey Avenue, N.W., and its intersection with Louisiana Avenue, N.W., between squares 630 and W632, which remains Federal property.
"(c)
"(1)
"(2)
"(3)
"(A)
"(B)
"(4)
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) [now 40 U.S.C. 5102], 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."
Pub. L. 96–432, §1, Oct. 10, 1980, 94 Stat. 1851, provided: "That section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a) [now 40 U.S.C. 5102], 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.
Pub. L. 96–432, §3, Oct. 10, 1980, 94 Stat. 1852, provided that: "On and after the effective date of this section [see Pub. L. 96–432, §4, Oct. 10, 1980, 94 Stat. 1853], 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."
Pub. L. 96–432, §6(a), (b), Oct. 10, 1980, 94 Stat. 1853, provided that:
"(a) Notwithstanding any other provisions of this Act [enacting section 1962 of Title 2, The Congress, amending section 193a of former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as notes under this section], 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."
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, [207a,] 212a, [212a–2, 212a–3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101–5107, 5109, see References in Text note under section 1819 of Title 2, The Congress], including any amendments thereto, which are applicable to the Capitol Buildings, and to the Act of March 4, 1907 (40 U.S.C. 175) [now 2 U.S.C. 2001]."
Pub. L. 96–432, §§7–10, Oct. 10, 1980, 94 Stat. 1853, 1854, provided that:
"(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.
"
Pub. L. 85–429, May 29, 1958, 72 Stat. 148 and Pub. L. 85–591, Aug. 6, 1958, 72 Stat. 495, in part authorized the Architect of the Capitol to acquire certain real property for additions to United States Capitol Grounds.
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, [207a,] 212a, [212a–2, 212a–3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101–5107, 5109, see References in Text note under section 1819 of Title 2, The Congress], 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 2 U.S.C. 2001]."
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, [207a,] 212a, [212a–2, 212a–3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101–5107, 5109], 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) [now 2 U.S.C. 2001].
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, [207a,] 212a, [212a–2, 212a–3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101–5107, 5109], 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.
1 See References in Text note below.
2 So in original. Probably should be followed by "and grounds".
Public travel in, and occupancy of, the United States Capitol Grounds is restricted to the roads, walks, and places prepared for that purpose.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1176.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5103 | 40:193b. | July 31, 1946, ch. 707, §2, 60 Stat. 718. |
The words "by flagging, paving, or otherwise" are omitted as unnecessary.
(a)
(1)
(A) an assault or other infliction or threat of infliction of death or bodily harm on an individual; or
(B) damage to, or destruction of, real or personal property.
(2)
(A) all articles enumerated in section 14(a) of the Act of July 8, 1932 (ch. 465, 47 Stat. 654); and
(B) a device designed to expel or hurl a projectile capable of causing injury to individuals or property, a dagger, a dirk, a stiletto, and a knife having a blade over three inches in length.
(3)
(4)
(b)
(c)
(1) offer or expose any article for sale.
(2) display a sign, placard, or other form of advertisement.
(3) solicit fares, alms, subscriptions, or contributions.
(d)
(e)
(1)
(A) except as authorized by regulations prescribed by the Capitol Police Board—
(i) may not carry on or have readily accessible to any individual on the Grounds or in any of the Capitol Buildings a firearm, a dangerous weapon, explosives, or an incendiary device;
(ii) may not discharge a firearm or explosives, use a dangerous weapon, or ignite an incendiary device, on the Grounds or in any of the Capitol Buildings; or
(iii) may not transport on the Grounds or in any of the Capitol Buildings explosives or an incendiary device; or
(B) may not knowingly, with force and violence, enter or remain on the floor of either House of Congress.
(2)
(A) enter or remain on the floor of either House of Congress or in any cloakroom or lobby adjacent to that floor, in the Rayburn Room of the House of Representatives, or in the Marble Room of the Senate, unless authorized to do so pursuant to rules adopted, or an authorization given, by that House;
(B) enter or remain in the gallery of either House of Congress in violation of rules governing admission to the gallery adopted by that House or pursuant to an authorization given by that House;
(C) with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or designated for the use of—
(i) either House of Congress or a Member, committee, officer, or employee of Congress, or either House of Congress; or
(ii) the Library of Congress;
(D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress;
(E) obstruct, or impede passage through or within, the Grounds or any of the Capitol Buildings;
(F) engage in an act of physical violence in the Grounds or any of the Capitol Buildings; or
(G) parade, demonstrate, or picket in any of the Capitol Buildings.
(3)
(A) a Member of Congress;
(B) an employee of a Member of Congress;
(C) an officer or employee of Congress or a committee of Congress; or
(D) an officer or employee of either House of Congress or a committee of that House.
(f)
(1) parade, stand, or move in processions or assemblages in the Grounds; or
(2) display in the Grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1176; Pub. L. 110–161, div. H, title I, §1004(d)(2)(A)(iii), Dec. 26, 2007, 121 Stat. 2234; Pub. L. 110–178, §4(b)(1)(C), Jan. 7, 2008, 121 Stat. 2552; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5104(a) | 40:193m(2)–(5). | July 31, 1946, ch. 707, §16(a)(2)–(5), 60 Stat. 721; Pub. L. 90–108, §1(d) , Oct. 20, 1967, 81 Stat. 277. |
5104(b) | 40:193c. | July 31, 1946, ch. 707, §§3–5, 7, 60 Stat. 718, 719. |
5104(c) | 40:193d. | |
5104(d) | 40:193e. | |
5104(e) | 40:193f. | July 31, 1946, ch. 707, §6, 60 Stat. 718; Pub. L. 87–571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90–108, §1(b), Oct. 20, 1967, 81 Stat. 276. |
5104(f) | 40:193g. |
In subsection (a)(3), the words "section 841(d) of title 18" are substituted for "section 121(1) of title 50" because of the enactment of 18:ch. 39 and the repeal of the provisions classified to 50:121(1) by sections 1102 and 1106(a) of the Organized Crime Control Act of 1970 (Public Law 91–452, 84 Stat. 952, 960). The plural form "explosives" is used because that is the term defined in 18:841(d).
In subsection (a)(4), the words "section 921(3) of title 18" are substituted for "section 901(3) of title 15" because of the enactment of 18:ch. 44 and the repeal of the provisions classified to 15:901(3) by sections 902 and 906 of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90–351, 82 Stat. 226, 234).
In subsection (e)(1)(A), the plural "explosives" is used for consistency with the term defined in subsection (a)(3). In subclause (iii), the words "by any means" are omitted as unnecessary.
In subsection (e)(2)(A), the words "unless authorized to do so pursuant to rules adopted, or authorization given, by that House" are substituted for "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" to eliminate unnecessary words.
The Act of July 8, 1932, referred to in subsec. (a)(2)(A), is act July 8, 1932, ch. 465, 47 Stat. 650, as amended, which is not classified to the Code.
For information regarding constitutionality of section 7 of act July 31, 1946, cited as a source of this section, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
2010—Subsec. (e)(2)(C). Pub. L. 111–145 repealed Pub. L. 110–161, §1004(d)(2)(A)(iii). See 2007 Amendment note below.
2008—Subsec. (e)(2)(C). Pub. L. 110–178 added subpar. (C) and struck out former subpar. (C) which read as follows: "with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or designated for the use of either House of Congress or a Member, committee, officer, or employee of Congress or either House of Congress;".
2007—Subsec. (e)(2)(C). Pub. L. 110–161, §1004(d)(2)(A)(iii), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of Title 2, The Congress.
Amendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
Amendment by Pub. L. 110–161 effective Oct. 1, 2009, see section 1004(d)(4) of title I of div. H of Pub. L. 110–161, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
1 So in original. Probably should be "921(a)(3)".
Each individual employed in the service of the Federal Government in the United States Capitol or within the United States Capitol Grounds shall prevent, as far as may be in the individual's power, a violation of a provision of this chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), and shall aid the police in securing the arrest and conviction of the individual violating the provision.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5105 | 40:193i. | July 31, 1946, ch. 707, §10, 60 Stat. 719. |
The words "by information or otherwise" are omitted as unnecessary.
Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in text, are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5106(a) | 40:193j. | July 31, 1946, ch. 707, §§11, 12, 60 Stat. 719. |
5106(b) | 40:193k (words before proviso). | |
5106(c) | 40:193k (proviso). |
In subsection (b), the words "District of Columbia" are substituted for "Washington" for clarity and consistency.
In subsection (c), the words "Mayor of the District of Columbia" are substituted for "Commissioners of the District of Columbia" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner of the District of Columbia" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
Sections 5102, 5103, 5104(b)–(f), 5105, 5106, and 5109 of this title and sections 9, 9A, 9B, and 9C of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), do not prohibit a band in the service of the Federal Government from giving concerts in the United States Capitol Grounds at times which will not interfere with Congress and as authorized by the Architect of the Capitol.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178; Pub. L. 108–178, §3(2), Dec. 15, 2003, 117 Stat. 2640.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5107 | 40:193l. | July 31, 1946, ch. 707, §13, 60 Stat. 720. |
Sections 9, 9A, 9B, and 9C of the Act of July 31, 1946, referred to in text, are classified to sections 1961, 1966, 1967, and 1922, respectively, of Title 2, The Congress.
2003—Pub. L. 108–178 substituted "5105, 5106" for "5105, 5105".
Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.
A private organization (except a political party or committee constituted for the 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, that performs services or conducts activities in the United States Capitol Buildings or Grounds is subject to a special audit of its accounts for each year in which it performs those services or conducts those activities. The Comptroller General shall conduct the audit and report the results of the audit to the Senate and the House of Representatives.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5108 | 40:193m–1. | Pub. L. 91–510, title IV, §451(a), Oct. 26, 1970, 84 Stat. 1193. |
The words "as defined by or pursuant to law" are omitted as unnecessary because of sections 5101 and 5102 of the revised title. The words "Comptroller General" are substituted for "General Accounting Office" because of 31:702 and for consistency in the revised title.
(a)
(b)
(c)
(1)
(2)
(A) section 5104(e)(1) of this title or for conduct that constitutes a felony under federal law or the laws of the District of Columbia shall be brought in the United States District Court for the District of Columbia; and
(B) any other section referred to in subsection (a) may be brought in the Superior Court of the District of Columbia.
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5109 | 40:193h. | July 31, 1946, ch. 707, §8, 60 Stat. 719; Pub. L. 87–571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90–108, §1(c), Oct. 20, 1967, 81 Stat. 277. |
In subsection (a), the words "fined under title 18" are substituted for "a felony punishable by a fine not exceeding $5,000" for consistency with chapter 227 of title 18.
In subsection (b), the words "fined under title 18" are substituted for "a misdemeanor punishable by a fine not exceeding $500" for consistency with chapter 227 of title 18.
In subsection (c)(1), the words "An action . . . shall be brought" are substituted for ["]shall be prosecuted" for consistency with other titles of the United States Code. The words "the Attorney General" are substituted for "the United States attorney or his assistants" because of 28:509.
In subsection (c)(2)(B), the words "Superior Court of the District of Columbia" are substituted for "Municipal Court for the District of Columbia" [subsequently changed to "District of Columbia Court of General Sessions" because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91–358, 85 Stat. 570).
In subsection (c)(3), the words "of a violation of said sections and of the general laws of the United States or the laws of the District of Columbia" are omitted as unnecessary.
Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in subsec. (c)(1), are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.
(a)
(1)
(2)
(b)
(1) extend to the line of the face of—
(A) the east curb of First Street Northeast, between Maryland Avenue Northeast and East Capitol Street;
(B) the south curb of Maryland Avenue Northeast, between First Street Northeast and Second Street Northeast;
(C) the west curb of Second Street Northeast, between Maryland Avenue Northeast and East Capitol Street; and
(D) the north curb of East Capitol Street between First Street Northeast and Second Street Northeast; and
(2) comprise 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 Federal Government in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as an addition to the grounds of the Supreme Court Building and that parcel transferred under the Supreme Court Grounds Transfer Act of 2005.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1180; Pub. L. 109–214, §1(c)(2), Apr. 11, 2006, 120 Stat. 326.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6101(a) | 40:13n(d). | Aug. 18, 1949, ch. 479, §9(d), as added Pub. L. 97–390, §1(c)(2), Dec. 29, 1982, 96 Stat. 1958. |
6101(b) | 40:13p. | Aug. 18, 1949, ch. 479, §11, 63 Stat. 617; Pub. L. 97–390, §1(d), Dec. 29, 1982, 96 Stat. 1958. |
In subsection (a), the definition of "United States" is omitted as unnecessary because, within 40:13f–13p, the words "United States" are used in the geographical sense only in 40:13n(a)(2) and (c) and the restatement of those provisions, in section 6121 of the revised title, substitutes the words "any State" for "any part of the United States".
Before clause (1), the words "In this chapter, the following definitions apply" are substituted for "As used in sections 13f to 13p of this title, the term—" for clarity. The terms are not used in 40:13a–13e, so using them chapter-wide does not expand their scope.
In clause (2), the words "the Virgin Islands, Guam, the Northern Mariana Islands, the Federal States of Micronesia, the Marshall Islands, Palau, and any territory or possession of the United States" are substituted for "any territory or possession of the United States" to clarify that the provisions of the source law apply to those jurisdictions.
In subsection (b), before clause (1), the words "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 omitted as unnecessary.
The Supreme Court Grounds Transfer Act of 2005, referred to in subsec. (b)(2), is section 1 of Pub. L. 109–214, Apr. 11, 2006, 120 Stat. 326, which is set out as a note below.
2006—Subsec. (b)(2). Pub. L. 109–214 inserted "and that parcel transferred under the Supreme Court Grounds Transfer Act of 2005" before period at end.
Amendment by Pub. L. 109–214 applicable to fiscal year 2006 and each fiscal year thereafter, see section 1(d) of Pub. L. 109–214, set out as a note below.
Pub. L. 109–214, §1, Apr. 11, 2006, 120 Stat. 326, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"(3)
"(A)
"(B)
"(4)
"(A) the legal boundaries described under section 6101(b)(1) of title 40, United States Code; and
"(B) any portion of the United States Capitol Grounds as described under section 5102 of title 40, United States Code, which is contiguous to the boundaries or property described under subparagraph (A) of this paragraph.
"(d)
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].
"
"
"
"
(a)
(1) the adequate protection of the Supreme Court Building and grounds and of individuals and property in the Building and grounds; and
(2) the maintenance of suitable order and decorum within the Building and grounds.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1180.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6102 | 40:13l. | Aug. 18, 1949, ch. 479, §7, 63 Stat. 617; Pub. L. 97–390, §1(b), Dec. 29, 1982, 96 Stat. 1957. |
In subsection (a), before clause (1), the word "are" is substituted for "may be deemed" for clarity. In clause (1), the word "individuals" is substituted for "persons" for clarity.
(a)
(1)
(A) the care and maintenance of the grounds; and
(B) the supplying of all mechanical furnishings and mechanical equipment for the Building.
(2)
(3)
(b)
(1) subsection (a) and sections 6112 and 6113 of this title are available for—
(A) 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 provided for the Capitol Power Plant; and
(B) the purchase of electrical energy; and
(2) the heading "Supreme Court of the United States" and "care of the building and grounds" are available for—
(A) improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances;
(B) special clothing for workers;
(C) personal and other services (including temporary labor without regard to chapter 51, subchapter III of chapter 53, and subchapter III of chapter 83, of title 5); and
(D) without compliance with section 6101(b) to (d) of title 41—
(i) for snow removal (by hire of personnel and equipment or under contract); and
(ii) for the replacement of electrical transformers containing polychlorinated biphenyls.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1180; Pub. L. 109–284, §6(18), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(22), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6111(a) | 40:13a(a). | May 7, 1934, ch. 222, §1, 48 Stat. 668; Pub. L. 95–431, title IV, ("Sec. 1(b) (less proviso)" in proviso in par. under heading "Care of the Building and Grounds"), Oct. 10, 1978, 92 Stat. 1036. |
6111(b)(1) | 40:13a(b). | |
6111(b)(2) | 40:13a note. | Pub. L. 101–162, title IV, (proviso in par. under heading "Care of the Building and Grounds"), Nov. 21, 1989, 103 Stat. 1010. |
In subsection (b)(1), the words "In addition to the foregoing, any" and "hereafter" are omitted as unnecessary.
In subsection (b)(2), before subclause (A), the words "That for fiscal year 1990 and hereafter" are omitted as executed. In subclause (C), the words "chapter 51, subchapter III of chapter 53, and subchapter III of chapter 83, of title 5" are substituted for "the Classification and Retirement Acts, as amended" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
2011—Subsec. (b)(2)(D). Pub. L. 111–350 substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".
2006—Subsec. (b). Pub. L. 109–284 struck out second period at end of heading.
Employees required to carry out section 6111(a) of this title shall be—
(1) appointed by the Architect of the Capitol with the approval of the Chief Justice of the United States;
(2) compensated in accordance with chapter 51 and subchapter III of chapter 53 of title 5; and
(3) subject to subchapter III of chapter 83 of title 5.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1181.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6112 | 40:13b. | May 7, 1934, ch. 222, §2, 48 Stat. 668; Pub. L. 95–431, title IV, ("Sec. 1(b) (proviso)" in proviso in par. under heading "Care of the Building and Grounds"), Oct. 10, 1978, 92 Stat. 1036. |
In this section, before clause (1), the words "to carry out" are substituted for "for the performance of the provisions of" to eliminate unnecessary words. In clause (2), the words "chapter 51 and subchapter III of chapter 53 of title 5" are substituted for "the Classification Act of 1949, as amended" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. In clause (3), the words "subchapter III of chapter 83 of title 5" are 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)" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
Except as provided in section 6111(a) of this title, all duties and work required for the operation, domestic care, and custody of the Supreme Court Building shall be performed under the direction of the Marshal of the Supreme Court. The Marshal serves as the superintendent of the Building.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1181.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6113 | 40:13c. | May 7, 1934, ch. 222, §3, 48 Stat. 668; June 25, 1948, ch. 646, §27, 62 Stat. 990. |
The words "Except as provided in section 6111(a) of this title" are substituted for "other" for clarity.
The Architect of the Capitol shall maintain and care for the Oliver Wendell Holmes Garden in accordance with the provisions of law on the maintenance and care of the grounds of the Supreme Court Building.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1181.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6114 | 40:13e. | Oct. 22, 1940, ch. 908, §6, 54 Stat. 1208. |
The words "After the completion and dedication of" are omitted as executed.
(a)
(1) to police the Supreme Court Building and grounds and adjacent streets to protect individuals and property;
(2) in any State, to protect—
(A) the Chief Justice, any Associate Justice of the Supreme Court, and any official guest of the Supreme Court; and
(B) any officer or employee of the Supreme Court while that officer or employee is performing official duties;
(3) while performing duties necessary to carry out paragraph (1) or (2), to make arrests for any violation of federal or state law and any regulation under federal or state law; and
(4) to carry firearms as may be required while performing duties under section 6102 of this title, this subchapter, and subchapter IV.
(b)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1182; Pub. L. 108–356, §1, Oct. 21, 2004, 118 Stat. 1416; Pub. L. 110–402, §1(a), Oct. 13, 2008, 122 Stat. 4254; Pub. L. 113–62, §1, Dec. 20, 2013, 127 Stat. 666.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6121(a) | 40:13n(a). | Aug. 18, 1949, ch. 479, §9(a), 63 Stat. 617; Pub. L. 93–198, title VII, §739(g)(8), Dec. 24, 1973, 87 Stat. 829; Pub. L. 97–390, §1(c)(1), Dec. 29, 1982, 96 Stat. 1957. |
6121(b) | 40:13n(c). | Aug. 18, 1949, ch. 479, §9(c), as added Pub. L. 97–390, §1(c)(2), Dec. 29, 1982, 96 Stat. 1958; Pub. L. 99–218, Dec. 26, 1985, 99 Stat. 1729; Pub. L. 99–492, §1, Oct. 16, 1986, 100 Stat. 1240; Pub. L. 101–462, Oct. 25, 1990, 104 Stat. 1079; Pub. L. 103–193, Dec. 14, 1993, 107 Stat. 2293; Pub. L. 104–280, §1, Oct. 9, 1996, 110 Stat. 3359, Pub. L. 106–518, title III, §313, Nov. 13, 2000, 114 Stat. 2421. |
In this section, the words "any State" are substituted for "any part of the United States" to eliminate unnecessary words and for consistency with section 6101 of the revised title.
In subsection (a)(3), the words "federal or state law and any regulation under federal or state law" are substituted for "a law of the United States or any State and any regulation under such law" for consistency in the revised title.
In subsection (b), the words "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" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 13 of House Document No. 103–7.
2013—Subsec. (b)(2). Pub. L. 113–62 substituted "2019" for "2013".
2008—Subsec. (b)(2). Pub. L. 110–402 substituted "2013" for "2008".
2004—Subsec. (b)(2). Pub. L. 108–356 substituted "2008" for "2004".
Under the general supervision and direction of the Chief Justice of the United States, the Marshal of the Supreme Court may designate employees of the Supreme Court as members of the Supreme Court Police, without additional compensation.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1182.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6122 | 40:13f. | Aug. 18, 1949, ch. 479, §1, 63 Stat. 616; Pub. L. 97–390, §1(a), Dec. 29, 1982, 96 Stat. 1957. |
The Metropolitan Police of the District of Columbia may make arrests within the Supreme Court Building and grounds for a violation of federal or state law or any regulation under federal or state law. This section does not authorize the Metropolitan Police to enter the Supreme Court Building to make an arrest in response to a complaint, serve a warrant, or patrol the Supreme Court Building or grounds, unless the Metropolitan Police have been requested to do so by, or have received the consent of, the Marshal of the Supreme Court or an assistant to the Marshal.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1182.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6123 | 40:13n(b). | Aug. 18, 1949, ch. 479, §9(b), 63 Stat. 617; Pub. L. 97–390, §1(c)(1), Dec. 29, 1982, 96 Stat. 1957. |
The words "violation of federal or state law or any regulation under federal or state law" are substituted for "violations of any such laws or regulations", and the words "unless the Metropolitan Police have been requested to do so by, or have received the consent of, the Marshal of the Supreme Court of the United States or an assistant to the Marshal" are substituted for "except with the consent or on the request of the Marshal of the Supreme Court or his assistants", for clarity.
Public travel in, and occupancy of, the Supreme Court grounds is restricted to the sidewalks and other paved surfaces.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1182.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6131 | 40:13g. | Aug. 18, 1949, ch. 479, §2, 63 Stat. 616. |
It is unlawful—
(1) to offer or expose any article for sale in the Supreme Court Building or grounds;
(2) to display a sign, placard, or other form of advertisement in the Building or grounds; or
(3) to solicit fares, alms, subscriptions, or contributions in the Building or grounds.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6132 | 40:13h. | Aug. 18, 1949, ch. 479, §3, 63 Stat. 616. |
It is unlawful to step or climb on, 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 the Supreme Court Building or grounds.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6133 | 40:13i. | Aug. 18, 1949, ch. 479, §4, 63 Stat. 617. |
The word "fountain" conforms to the original text as signed into law by the President. A typographical error was made in printing the source law in the Statutes-at-Large (63 Stat. 617) where the word appears as "foundation".
It is unlawful to discharge a firearm, firework or explosive, set fire to a combustible, make a harangue or oration, or utter loud, threatening, or abusive language in the Supreme Court Building or grounds.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6134 | 40:13j. | Aug. 18, 1949, ch. 479, §5, 63 Stat. 617. |
It is unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display in the Building and grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6135 | 40:13k. | Aug. 18, 1949, ch. 479, §6, 63 Stat. 617. |
For information regarding constitutionality of section 6 of act Aug. 18, 1949, cited as the source of this section, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
To allow the observance of authorized ceremonies in the Supreme Court Building and grounds, the Marshal of the Supreme Court may suspend for those occasions any of the prohibitions contained in this subchapter as may be necessary for the occasion if—
(1) responsible officers have been appointed; and
(2) the Marshal determines that adequate arrangements have been made—
(A) to maintain suitable order and decorum in the proceedings; and
(B) to protect the Supreme Court Building and grounds and individuals and property in the Building and grounds.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6136 | 40:13o. | Aug. 18, 1949, ch. 479, §10, 63 Stat. 617. |
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183; Pub. L. 108–356, §2, Oct. 21, 2004, 118 Stat. 1416.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6137 | 40:13m. | Aug. 18, 1949, ch. 479, §8, 63 Stat. 617. |
In subsection (a), the words "fined under title 18" are substituted for "fined not more than $100" for consistency with chapter 227 of title 18.
In subsection (b), the words "Superior Court of the District of Columbia" are substituted for "Municipal Court for the District of Columbia" [subsequently changed to "District of Columbia Court of General Sessions" because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91–358, 85 Stat. 570).
2004—Subsec. (b). Pub. L. 108–356 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "Prosecution for a violation described in subsection (a) shall be in the Superior Court of the District of Columbia, on information by the United States Attorney or an Assistant United States Attorney."
In this chapter, the term "specified buildings and grounds" means—
(1)
(A)
(B)
(C)
(2)
(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; 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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1184.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6301 | 40:193v. | Oct. 24, 1951, ch. 559, §9, 65 Stat. 635; Pub. L. 88–391, §3, Aug. 1, 1964, 78 Stat. 366; Pub. L. 90–376, §3, July 5, 1968, 82 Stat. 286; Pub. L. 102–336, Aug. 7, 1992, 106 Stat. 864; Pub. L. 103–279, §9(c), July 21, 1994, 108 Stat. 1417; Pub. L. 105–95, §4 (related to section 9(3) of the Act of October 24, 1951), Nov. 19, 1997, 111 Stat. 2149. |
In clause (1)(A), the words "National Museum of American History" are substituted for "Museum of History and Technology" because of section 3 of the Act of October 13, 1980 (Public Law 96–441, 20:71 note).
In clause (1)(C), the words "the Smithsonian Institution acquires" are substituted for "that shall hereafter be acquired by the Smithsonian Institution" to eliminate unnecessary words.
In clause (3), the words "the site of" are omitted as unnecessary and for consistency in the revised section.
Public travel in, and occupancy of, the grounds specified under section 6301 of this title are restricted to the sidewalks and other paved surfaces, except in the National Zoological Park.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1185.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6302 | 40:193o. | Oct. 24, 1951, ch. 559, §2, 65 Stat. 634. |
(a)
(1) Offer or expose any article for sale.
(2) Display any sign, placard, or other form of advertisement.
(3) Solicit alms, subscriptions, or contributions.
(b)
(1) other than an authorized employee, to touch or handle objects of art or scientific or historical objects on exhibition within the specified buildings or grounds; or
(2) to step or climb on, remove, or in any way injure any object of art, exhibit (including an exhibit animal), equipment, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, within the specified buildings or grounds.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1185.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6303(a) | 40:193p. | Oct. 24, 1951, ch. 559, §§3, 4, 65 Stat. 634. |
6303(b) | 40:193q. |
(a)
(1) the adequate protection of the specified buildings and grounds and individuals and property in those buildings and grounds; and
(2) 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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1186.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6304 | 40:193r. | Oct. 24, 1951, ch. 559, §5, 65 Stat. 634; Pub. L. 88–391, §1, Aug. 1, 1964, 78 Stat. 365; Pub. L. 103–279, §9(a), July 21, 1994, 108 Stat. 1416. |
To allow authorized services, training programs, and ceremonies in the specified buildings and grounds, 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 (or their designees) may suspend for their respective agencies any of the prohibitions contained in sections 6302 and 6303 of this title as may be necessary for the occasion or circumstance if—
(1) responsible officers have been appointed; and
(2) 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 (or their designees) determine that adequate arrangements have been made—
(A) to maintain suitable order and decorum in the proceedings; and
(B) to protect the specified buildings and grounds and persons and property in those buildings and on those grounds.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1186.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6305 | 40:193u. | Oct. 24, 1951, ch. 559, §8, 65 Stat. 635; Pub. L. 103–279, §9(b), July 21, 1994, 108 Stat. 1416. |
Before clause (1), the words "or their designees" are substituted for "or their designated representatives" for consistency in the revised section.
(a)
(b)
(1) may, within the specified buildings and grounds, enforce, and make arrests for violations of, sections 6302 and 6303 of this title, any regulation prescribed under section 6304 of this title, federal or state law, or any regulation prescribed under federal or state law; and
(2) may enforce concurrently with the United States Park Police the laws and regulations applicable to the National Capital Parks, and may make arrests for violations of sections 6302 and 6303 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 specified buildings and grounds are located.
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1186.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6306(a) | 40:193n. | Oct. 24, 1951, ch. 559, §1, 65 Stat. 634; Pub. L. 91–34, §2(c), June 30, 1969, 83 Stat. 41; Pub. L. 104–134, title I, §101(c) [title II, proviso in 1st par. under heading "John F. Kennedy Center for the Performing Arts"], Apr. 26, 1996, 110 Stat. 1321–193, renumbered as title I by Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327. |
6306(b)(1) | 40:193t (words before 5th comma). | Oct. 24, 1951, ch. 559, §7, 65 Stat. 635; Pub. L. 88–391, §2, Aug. 1, 1964, 78 Stat. 365. |
6306(b)(2) | 40:193x. | Oct. 24, 1951, ch. 559, §11, as added Pub. L. 88–391, §4, Aug. 1, 1964, 78 Stat. 366. |
6306(c) | 40:193t (words after 5th comma). |
In subsection (a), the words "section 5375 of title 5" are substituted for "section 5365 of title 5" because of section 801(a)(3)(A)(ii) of the Civil Service Reform Act of 1978 (Public Law 95–454, 92 Stat. 1221), which redesignated sections 5361 through 5365 of title 5 as sections 5371 through 5375 of title 5. The words "or their designees" are substituted for "or their authorized representatives" for consistency in the revised chapter.
In subsection (b)(2), the words "within which the specified buildings and grounds are located" are substituted for "within which the aforementioned buildings are located" for clarity.
(a)
(1)
(2)
(b)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1187.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6307 | 40:193s. | Oct. 24, 1951, ch. 559, §6, 65 Stat. 635. |
In subsection (a)(1), the words "fined under title 18" are substituted for "fined not more than $100" for consistency with chapter 227 of title 18.
In subsection (a)(2), the words "Superior Court of the District of Columbia" are substituted for "Municipal Court for the District of Columbia" [subsequently changed to "District of Columbia Court of General Sessions" because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91–358, 85 Stat. 570).
In subsection (b)(1), the words "the amount of the fine for the offense may be not more than $5,000" are omitted for consistency with chapter 227 of title 18.
2006—Pub. L. 109–284, §6(19), Sept. 27, 2006, 120 Stat. 1213, renumbered item 6581 as 6501.
In this chapter, the term "Chief Justice" means the Chief Justice of the United States or the designee of the Chief Justice, except that when there is a vacancy in the office of the Chief Justice, the most senior associate justice of the Supreme Court shall be deemed to be the Chief Justice for purposes of this chapter until the vacancy is filled.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1188.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6501 | 40:1208. | Pub. L. 100–480, §10, Oct. 7, 1988, 102 Stat. 2335. |
The text of 40:1208(1) and (3) is omitted as unnecessary because the complete names of the Architect of the Capitol and the Commission for the Judiciary Office Building are used the first times the terms appear in a section.
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(3)
(A) be designed in harmony with historical and Government buildings in the vicinity;
(B) reflect the symbolic importance and historic character of the United States Capitol and other buildings on the United States Capitol Grounds; and
(C) represent the dignity and stability of the Government.
(d)
(e)
(f)
(g)
(h)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1188.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6502(a) | 40:1201 note. | Pub. L. 103–4, §1, Feb. 8, 1993, 107 Stat. 30. |
6502(b) | 40:1202(b)(2)(B), (C). | Pub. L. 100–480, §§3(a)(6), (8), (b)(2)(B), (C), (c)–(e), 4(c), Oct. 7, 1988, 102 Stat. 2329, 2330, 2331. |
6502(c) | 40:1202(a)(8). | |
6502(d) | 40:1202(a)(6). | |
6502(e) | 40:1202(c). | |
6502(f) | 40:1202(d) (1st, 2d sentences). | |
6502(g) | 40:1203(c). | |
6502(h)(1) | 40:1202(d) (last sentence). | |
6502(h)(2) | 40:1202(e). |
In subsection (e), the text of 40:1202(c)(1) is omitted as obsolete.
In subsection (f), the text of 40:1202(d) (2d sentence) is omitted as obsolete.
The Building Height Act of 1910, referred to in subsec. (c)(2), is act June 1, 1910, ch. 263, 36 Stat. 452, which is not classified to the Code.
Pub. L. 103–4, §2, Feb. 8, 1993, 107 Stat. 30, provided that: "Any reference in any law, map, regulation, document, paper, or other record of the United States to the Federal Judiciary Building referred to in section 1 [now 40 U.S.C. 6502(a)] shall be deemed to be a reference to the 'Thurgood Marshall Federal Judiciary Building'."
(a)
(1) Two individuals appointed by the Chief Justice from among justices of the Supreme Court and other judges of the United States.
(2) The members of the House Office Building Commission.
(3) The majority leader and minority leader of the Senate.
(4) The Chairman and the ranking minority member of the Senate Committee on Rules and Administration.
(5) The Chairman and the ranking minority member of the Senate Committee on Environment and Public Works.
(6) The Chairman and ranking minority member of the Committee on Transportation and Infrastructure of the House of Representatives.
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1189.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6503(a) | 40:1206(a), (b). | Pub. L. 100–480, §7, Oct. 7, 1988, 102 Stat. 2334. |
6503(b) | 40:1206(d). | |
6503(c) | 40:1206(c). |
In subsection (a)(6), the words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 7(b) of the Judiciary Office Building Development Act (Public Law 100–480, 102 Stat. 2334) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.).
In subsection (c), the words "from time to time" are omitted as unnecessary.
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(1) on an annual basis; and
(2) from the account described in section 6507 of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1189.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6504(a) | 40:1203(a). | Pub. L. 100–480, §§3(b)(2)(D) (words after "provisions of this chapter"), 4(a), (b), (d), Oct. 7, 1988, 102 Stat. 2330, 2331. |
6504(b)(1)– (3) | 40:1203(b). | |
6504(b)(4) | 40:1202(b)(2)(D) (words after "provisions of this Act"). | |
6504(c) | 40:1203(d). |
Subsection (a) is substituted for 40:1203(a) to eliminate obsolete words.
In subsection (b)(2), the words "in the District of Columbia" are added for clarity.
(a)
(1) is responsible for the structural and mechanical care and maintenance of the Thurgood Marshall Federal Judiciary Building and improvements, including the care and maintenance of the grounds of the Building, in the same manner and to the same extent as for the structural and mechanical care and maintenance of the Supreme Court Building under section 6111 of this title; and
(2) shall perform all other duties and work required for the operation and domestic care of the Building and improvements.
(b)
(1)
(A) are responsible for all exterior security of the Building and other improvements constructed under this chapter; and
(B) may police the Building and other improvements, including the interior and exterior, and may make arrests within the interior and exterior of the Building and other improvements for any violation of federal or state law or the laws of the District of Columbia, or any regulation prescribed under any of those laws.
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1190.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6505(a) | 40:1204(a). | Pub. L. 100–480, §5, Oct. 7, 1988, 102 Stat. 2331; Pub. L. 102–392, title III, §311(a), Oct. 6, 1992, 106 Stat. 1723. |
6505(b)(1)(A) | 40:1204(b)(1). | |
6505(b)(1)(B) | 40:1204(c). | |
6505(b)(2), (3) | 40:1204(b)(2), (3). |
In subsection (a), before clause (1), the words "Upon occupancy by the United States of the building and other improvements constructed under this chapter" are omitted as obsolete.
(a)
(1)
(2)
(3)
(b)
(1) terms and conditions necessary to carry out the objectives of this chapter; and
(2) reimbursement at the rate established under section 6504(b)(2) of this title plus an amount necessary to pay each year for the cost of administering the Building and other improvements (including the cost of operation, maintenance, rehabilitation, security, and structural, mechanical, and domestic care) that is attributable to the space, with the amount to be determined by the Architect and—
(A) in the case of the judicial branch, the Director of the Administrative Office of the United States Courts; or
(B) in the case of any federal governmental entity not a part of the judicial branch, the entity.
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(A) to the Architect to carry out this subsection, including amounts for acquiring and installing furniture and furnishings; and
(B) to the Sergeant at Arms of the Senate to plan for, acquire, and install telecommunications equipment and services for the Architect with respect to space leased under this subsection.
(e)
(1)
(2)
(3)
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1190.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6506(a)(1), (2) | 40:1205(a)(1), (2). | Pub. L. 100–480, §6(a)(1)–(6), (b), (c), Oct. 7, 1988, 102 Stat. 2332. |
6506(a)(3) | 40:1205(b)(1). | |
6506(b) | 40:1205(a)(3), (4). | |
6506(c)(1) | 40:1205(a)(6). | |
6506(c)(2), (3) | 40:1205(a)(5). | |
6506(d) | 40:1205(a)(7), (8). | Pub. L. 100–480, §6(a)(7), (8), as added Pub. L. 102–392, title III, §318, Oct. 6, 1992, 106 Stat. 1724. |
6506(e) | 40:1205(b)(2)–(4). | |
6506(f) | 40:1205(c). |
In subsection (a)(3), the text of 40:1205(b)(1)(words before semicolon) is omitted as unnecessary. The words "pursuant to subsection (e)" are added for clarity.
In subsection (b)(2)(B), the word "federal" is added for clarity.
In subsection (c)(1), the words "and reassign" are omitted as unnecessary.
In subsection (d)(1), the word "Building" [meaning the Thurgood Marshall Federal Judiciary Building] is substituted for "Federal Judiciary Building" in the source provision because of section 2 of the Act of February 8, 1993 (Public Law 103–4, 107 Stat. 30).
In subsection (f), the reference to "this subsection" is translated as "this section" to correct an apparent error in the source provision being restated.
Section 3(b)(1) of the Judiciary Office Building Development Act, referred to in subsec. (a)(1), is section 3(b)(1) of Pub. L. 100–480, Oct. 7, 1988, 102 Stat. 2330, which was classified to section 1202(b)(1) of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304.
(a)
(b)
(1) for paying expenses for structural, mechanical, and domestic care, maintenance, operation, and utilities of the Thurgood Marshall Federal Judiciary Building and other improvements constructed under this chapter;
(2) for reimbursing the United States Capitol Police for expenses incurred in providing exterior security for the Building and other improvements;
(3) for making lease payments under section 6504 of this title; and
(4) for necessary personnel (including consultants).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1192.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6507 | 40:1207. | Pub. L. 100–480, §9, Oct. 7, 1988, 102 Stat. 2334; Pub. L. 102–392, title III, §311(b), Oct. 6, 1992, 106 Stat. 1723. |
The text of 40:1207(b) is omitted as obsolete.
2006—Pub. L. 109–284, §6(20), Sept. 27, 2006, 120 Stat. 1213, substituted "ASSIGNMENT" for "ASSIGMENT" in item for subchapter I.
2006—Pub. L. 109–284, §6(21), Sept. 27, 2006, 120 Stat. 1213, substituted "ASSIGNMENT" for "ASSIGMENT" in heading.
(a)
(1) may make and perform transactions with an agency or instrumentality of the Federal Government, a State, the District of Columbia, or any person as necessary to carry out the trade center plan at the Federal Triangle Project; and
(2) has all the rights and authorities of the former Pennsylvania Avenue Development Corporation with regard to property transferred from the Corporation to the General Services Administration in fiscal year 1996.
(b)
(1)
(2)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1193.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6701(a) | 40:872 note (words before 1st proviso). | Pub. L. 104–208, div. A, title I, §101(f) [title IV, 3d–6th provisos on p. 3009–335], Sept. 30, 1996, 110 Stat. 3009–335. |
6701(b) | 40:872 note (1st, 2d provisos). | |
40:872 note. | Pub. L. 105–277, §101(h) [title IV, 9th proviso on p. 2681–502], Oct. 21, 1998, 112 Stat. 2681–502. | |
6701(c) | 40:872 note (last proviso). | |
40:879(b). | Pub. L. 92–578, §10(b), Oct. 27, 1972, 86 Stat. 1274. |
In subsection (a), before clause (1), the words "in fiscal year 1997 and thereafter" are omitted as obsolete. In clause (1), the words "leases, contracts or other" are omitted as unnecessary. The words "firm, association, or corporation" are omitted because of the definition of "person" in 1:1.
In subsection (b)(1), the words "notwithstanding any other provision of law" are omitted as unnecessary. The words "That the remaining balances and associated assets and laibilites [sic] of the Pennsylvania Avenue Activities account are hereby transferred to the Federal Buildings Fund to be effective October 1, 1998" are omitted as executed.
In subsection (c), the words "To the extent that the District of Columbia may not suffer undue loss of tax revenue by reason of the provisions of subsection (a) of this section" are omitted as unnecessary.
(a)
(1)
(2)
(b)
(1)
(A) the collection of revenue owed the Federal Government as a result of real estate sales or lease agreements made by the Corporation and private parties, including—
(i) the Willard Hotel property on Square 225;
(ii) the Gallery Row project on Square 457;
(iii) the Lansburgh's project on Square 431; and
(iv) the Market Square North project on Square 407;
(B) the collection of sale or lease revenue owed the Government from the sale or lease before April 1, 1996, of two undeveloped sites owned by the Corporation on Squares 457 and 406;
(C) the application of collected revenue to repay Treasury debt the Corporation incurred when acquiring real estate;
(D) performing financial audits for projects in which the Corporation has actual or potential revenue expectation, as identified in subparagraphs (A) and (B), in accordance with procedures described in applicable sale or lease agreements;
(E) the disposition of real estate properties which are or become available for sale and lease or other uses;
(F) payment of benefits in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) to which persons in the project area squares are entitled as a result of the Corporation's acquisition of real estate; and
(G) carrying out the responsibilities of the Corporation under subchapter III and the Federal Triangle Development Act (Public Law 100–113, 101 Stat. 735), including responsibilities for managing assets and liabilities of the Corporation under subchapter III and the Act.
(2)
(A) acquire land, improvements, and property by purchase, lease or exchange, and sell, lease, or otherwise dispose of any property, as necessary to complete the development plan developed under section 5 of the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1269) if a notice of intention to carry out the acquisition or disposal is first transmitted to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and at least 60 days elapse after the date of the transmission;
(B) modify the plan referred to in subparagraph (A) if the modification is first transmitted to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and at least 60 days elapse after the date of the transmission;
(C) maintain any existing Corporation insurance programs;
(D) make and perform transactions with an agency or instrumentality of the Federal Government, a State, the District of Columbia, or any person as necessary to carry out the responsibilities of the Corporation under subchapter III and the Federal Triangle Development Act (Public Law 100–113, 101 Stat. 735);
(E) request the Council of the District of Columbia to close any alleys necessary for the completion of development in Square 457; and
(F) use all of the amount transferred from the Corporation or income earned on Corporation property to complete any pending development projects.
(c)
(1)
(2)
(3)
(A) make transactions with an agency or instrumentality of the Government, a State, the District of Columbia, or any person as considered necessary or appropriate for the conduct of special events, festivals, concerts, or other art and cultural programs at the Site; or
(B) establish a nonprofit foundation to solicit amounts for those activities.
(4)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1194.)
Subsection (c)(1) of this section was derived from section 313(d)(1) of title III of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as enacted by section 101(c) of Pub. L. 104–134), set out as a note under section 872 of the former Appendix to this title, which was amended by Pub. L. 111–11, title VII, §7116(k)(1), Mar. 30, 2009, 123 Stat. 1203. For applicability of that amendment to this section, see section 5(b)(3) of Pub. L. 107–217, set out as a Legislative Purpose and Construction note preceding section 101 of this title. Section 313(d)(1) of the Department of the Interior and Related Agencies Appropriations Act, 1996, as enacted by Pub. L. 104–134, was amended by substituting "map entitled 'Pennsylvania Avenue National Historic Site', dated August 25, 2008, and numbered 840–82441B" for "map entitled 'Pennsylvania Avenue National Historic Park', dated June 1, 1995, and numbered 840–82441".
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6702 | 40:872 note. | Pub. L. 104–134, title I, §101(c) [title III, §313(a)–(e)], Apr. 26, 1996, 110 Stat. 1321–198, renumbered as title I by Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327. |
Subsection (a) is substituted for section 313(a) of title III of section 101(c) of the Act of April 26, 1996, to eliminate obsolete words.
In subsection (a)(2), the words "both real and personal" are omitted as unnecessary.
In subsection (b)(1)(A), before subclause (i), the words "with respect to the following projects" are omitted as unnecessary.
In subsection (b)(1)(F), the word "Acquisition" is substituted for "Acquisitions" to correct an error in the source provision.
In subsections (b)(2)(D) and (c)(3)(A), the words "firm, association, or corporation" are omitted because of the definition of "person" in 1:1.
In subsection (b)(2)(D), the words "leases, contracts, or other" are omitted as unnecessary.
Subsection (c)(1) is substituted for section 313(d)(1) of title III of section 101(c) of the Act of April 26, 1996, to eliminate obsolete words.
In subsection (c)(3)(A), the words "contracts, cooperative agreements, or other" are omitted as unnecessary.
In subsection (d), the words "Notwithstanding any other provision of law" are omitted as unnecessary. The words "commencing April 1, 1996" are omitted as obsolete. The words "or its successor" and "or redevelopment" are omitted as unnecessary.
The Pennsylvania Avenue Development Corporation Act of 1972, referred to in subsec. (a)(1), is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, as amended, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and subchapter II of this chapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
Section 5 of the Act was classified to section 874 of former Title 40 prior to repeal by Pub. L. 107–217.
The Federal Triangle Development Act, referred to in subsecs. (a)(1), (b)(1)(G), and (2)(D), is Pub. L. 100–113, Aug. 21, 1987, 101 Stat. 735, as amended, which was classified to chapter 22 (§1101 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal, omission, and reenactment as subchapter III of this chapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (b)(1)(F), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified principally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.
Pub. L. 111–11, title VII, §7116(k)(2), Mar. 30, 2009, 123 Stat. 1204, provided that: "Any reference in a law, map, regulation, document, paper, or other record of the United States to the Pennsylvania Avenue National Historic Park shall be deemed to be a reference to the 'Pennsylvania Avenue National Historic Site'."
In this subchapter, the term "development area" means the area to be developed, maintained, and used in accordance with this subchapter and the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266) and is the area bounded as follows:
Beginning at a point on the southwest corner of the intersection of Fifteenth Street and E Street Northwest;
thence proceeding east along the southern side of E Street to the southwest corner of the intersection of Thirteenth Street and Pennsylvania Avenue Northwest;
thence southeast along the southern side of Pennsylvania Avenue to a point being the southeast corner of the intersection of Pennsylvania Avenue and Third Street Northwest;
thence north along the eastern side of Third Street to the northeast corner of the intersection of C Street and Third Street Northwest;
thence west along the northern side of C Street to the northeast corner of the intersection of C Street and Sixth Street Northwest;
thence north along the eastern side of Sixth Street to the northeast corner of the intersection of E Street and Sixth Street Northwest;
thence west along the northern side of E Street to the northeast corner of the intersection of E Street and Seventh Street Northwest;
thence north along the eastern side of Seventh Street to the northeast corner of the intersection of Seventh Street and F Street Northwest;
thence west along the northern side of F Street to the northwest corner of the intersection of F Street and Ninth Street Northwest;
thence south along the western side of Ninth Street to the northwest corner of the intersection of Ninth Street and E Street Northwest;
thence west along the northern side of E Street to the northeast corner of the intersection of E Street and Thirteenth Street Northwest;
thence north along the eastern side of Thirteenth Street to the northeast corner of the intersection of F Street and Thirteenth Street Northwest;
thence west along the northern side of F Street to the northwest corner of the intersection of F Street and Fifteenth Street Northwest;
thence north along the western side of Fifteenth Street to the northwest corner of the intersection of Pennsylvania Avenue and Fifteenth Street Northwest;
thence west along the southern side of Pennsylvania Avenue to the southeast corner of the intersection of Pennsylvania Avenue and East Executive Avenue Northwest;
thence south along the eastern side of East Executive Avenue to the intersection of South Executive Place and E Street Northwest;
thence east along the southern side of E Street to the point of beginning.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1196.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6711 | 40:871. | Pub. L. 92–578, §2, Oct. 27, 1972, 86 Stat. 1266. |
The text of 40:871(a)–(e) is omitted as obsolete.
The words "being the southwest corner of the intersection of Fifteenth Street and E Street Northwest" are omitted as unnecessary.
The Pennsylvania Avenue Development Corporation Act of 1972, referred to in text, is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, as amended, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
This subchapter and the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266) do not preclude other agencies or instrumentalities of the Federal Government or of the District of Columbia from exercising any lawful powers in the development area consistent with the development plan described in section 5(a) of the Act (86 Stat. 1269) or the provisions and purposes of this subchapter and the Act. However, the agency or instrumentality shall not release, modify, or depart from any feature or detail of the development plan without the prior approval of the Administrator of General Services.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1197.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6712 | 40:876(a). | Pub. L. 92–578, §7(a), Oct. 27, 1972, 86 Stat. 1272. |
In this subchapter, the words "Administrator of General Services" are substituted for "Corporation" to reflect the transfer of the responsibilities of the Pennsylvania Avenue Development Corporation. See section 6702 of the revised title.
The Pennsylvania Avenue Development Corporation Act of 1972, referred to in text, is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, as amended, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 5(a) of the Act was classified to section 874(a) of former Title 40 prior to repeal by Pub. L. 107–217. For complete classification of this Act to the Code, see Tables.
New construction (including substantial remodeling, conversion, rebuilding, enlargement, extension, or major structural improvement of existing building, but not including ordinary maintenance or remodeling or changes necessary to continue occupancy) shall not be authorized or conducted within the development area except on prior certification by the Administrator of General Services that the construction is, or may reasonably be expected to be, consistent with the carrying out of the development plan described in section 5(a) of the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1269).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1197.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6713 | 40:876(b). | Pub. L. 92–578, §7(b), Oct. 27, 1972, 86 Stat. 1273; Pub. L. 93–427, §2, Oct. 1, 1974, 88 Stat. 1170. |
The words "After October 1, 1974" and the text of 40:876(b) (proviso) are omitted as obsolete.
Section 5(a) of the Pennsylvania Avenue Development Corporation Act of 1972, referred to in text, was classified to section 874(a) of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304.
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1197.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6714 | 40:877(b)–(d). | Pub. L. 92–578, §8(b)–(d), Oct. 27, 1972, 86 Stat. 1273; Pub. L. 95–629, title I, §101(1)(f), Nov. 10, 1978, 92 Stat. 3635. |
In subsection (c), the words "retail, wholesale, service or other" and "or its agent" are omitted as unnecessary. The words "upon implementation of the development plan" are omitted as obsolete.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified principally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.
The Pennsylvania Avenue Development Corporation Act of 1972, referred to in subsec. (c), is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, as amended, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
(a)
(1) consult and cooperate with District of Columbia officials and community leaders at the earliest practicable time;
(2) give primary consideration to local needs and desires and to local and regional goals and policies as expressed in urban renewal, community renewal, and comprehensive land use plans and regional plans; and
(3) foster local initiative and participation in connection with the planning and development of projects.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1198.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6715 | 40:878. | Pub. L. 92–578, §9, Oct. 27, 1972, 86 Stat. 1273. |
In subsection (b), the word "reconstructing" is omitted as unnecessary.
The Pennsylvania Avenue Development Corporation Act of 1972, referred to in subsec. (a), is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, as amended, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1198.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6716(a) | 40:880(a). | Pub. L. 92–578, §11(a), Oct. 27, 1972, 86 Stat. 1274; Pub. L. 98–141, §8(d), Oct. 31, 1983, 97 Stat. 910. |
40:880(b). | Pub. L. 92–578, §11(b), (c), as added Pub. L. 98–141, §8(d), Oct. 31, 1983, 97 Stat. 910. | |
6716(b) | 40:880(c). |
In subsection (a), the text of 40:880(b) is omitted as obsolete. The requirement that a report be transmitted to Congress each January is eliminated pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 205 of House Document No. 103–7.
In this subchapter—
(1)
Beginning at a point on the southwest corner of the intersection of Fourteenth Street and Pennsylvania Avenue (formerly E Street), Northwest;
thence south along the western side of Fourteenth Street to the northwest corner of the intersection of Fourteenth Street and Constitution Avenue, Northwest;
thence east along the northern side of Constitution Avenue to the northeast corner of the intersection of Twelfth Street and Constitution Avenue, Northwest;
thence north along the eastern side of Twelfth Street and Constitution Avenue, Northwest;
thence north along the eastern side of Twelfth Street to the southeast corner of the intersection of Twelfth Street and Pennsylvania Avenue, Northwest;
thence west along the southern side of Pennsylvania Avenue to the point of beginning.
(2)
(A) the property owned by the Federal Government in the District of Columbia, known as the "Great Plaza" site, which consists of squares 256, 257, 258, parts of squares 259 and 260, and adjacent closed rights-of-way as shown on plate IV of the King Plats of 1803 located in the Office of the Surveyor of the District of Columbia; and
(B) except for purposes of section 6733(a) of this title, any property the Pennsylvania Avenue Development Corporation acquired under section 3(b) of the Federal Triangle Development Act (Public Law 100–113, 101 Stat. 736).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1198.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6731 | 40:1109. | Pub. L. 100–113, §10, Aug. 21, 1987, 101 Stat. 747. |
In this section, the text of 40:1109(1)–(3) is omitted as unnecessary because the complete names of the Administrator of General Services, International Cultural and Trade Center Commission, and Pennsylvania Avenue Development Corporation are used the first time the terms appear in a section.
In paragraph (1), the words "being the southwest corner of the intersection of Fourteenth Street and Pennsylvania Avenue (formerly E Street), Northwest" are omitted as unnecessary.
Section 3(b) of the Federal Triangle Development Act, referred to in par. (2)(B), was classified to section 1102(b) of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304.
Pub. L. 106–567, title III, §310, Dec. 27, 2000, 114 Stat. 2841, designated as "Daniel Patrick Moynihan Place" a parcel of land located in Woodrow Wilson Plaza in the northwest quadrant of Washington, District of Columbia, directed the Administrator of General Services to erect appropriate gateways or other markers to denote that place, and provided that any reference in a law, map, regulation, document, paper, or other record of the United States to that parcel of land was to be deemed to be a reference to Daniel Patrick Moynihan Place.
Pub. L. 103–284, Aug. 1, 1994, 108 Stat. 1448, provided: "That the plaza to be constructed on the Federal Triangle property in Washington, DC as part of the development of such site pursuant to the Federal Triangle Development Act (Public Law 100–113) [now 40 U.S.C. 6731 et seq.] shall be known and designated as the 'Woodrow Wilson Plaza'."
Pub. L. 100–113, §9, Aug. 21, 1987, 101 Stat. 746, provided that:
"(a) The Departmental Auditorium, located on the Federal Triangle between the Custom Service building and Interstate Commerce Commission building on Constitution Avenue, shall on and after August 21, 1987, be known and designated as the 'Andrew W. Mellon Auditorium'.
"(b) Any reference in any law, regulation, document, record, map or other paper of the United States to the auditorium referred to in subsection (a) of this section is deemed to be a reference to the 'Andrew W. Mellon Auditorium'."
The Federal Triangle development area is deemed to be part of the development area described in section 6711 of this title. The Administrator of General Services has the same authority over the Federal Triangle development area as over the development area described in section 6711.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1199.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6732 | 40:1104(g). | Pub. L. 100–113, §5(g), Aug. 21, 1987, 101 Stat. 739. |
The words "For purposes of the Pennsylvania Avenue Development Corporation Act of 1972 (other than section 5)" are omitted as unnecessary and obsolete. The words "Administrator of General Services" are substituted for "Corporation" to reflect the transfer of the responsibilities of the Pennsylvania Avenue Development Corporation. See section 6702 of the revised title.
(a)
(b)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1199.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6733(a) | 40:1102(a)(2) (1st sentence). | Pub. L. 100–113, §§3(a)(2) (1st sentence), 5(f), Aug. 21, 1987, 101 Stat. 736, 739. |
6733(b) | 40:1104(f). |
In subsection (a), the words "at such time as the Administrator and the Corporation agree but" are omitted as obsolete. The Corporation transferred its rights, title, and interest in all property to the General Services Administration on April 1, 1996. The words "Ronald Reagan Building and International Trade Center" are substituted for "building to be constructed on such property under section 1104 of this title" because of section 2 of the Act of December 22, 1995 (Public Law 104–68, 109 Stat. 766).
(a)
(b)
(c)
(1)
(2)
(3)
(A) be designed in harmony with historical and Government buildings in the vicinity;
(B) reflect the symbolic importance and historic character of Pennsylvania Avenue and the Nation's Capital; and
(C) represent the dignity and stability of the Government.
(d)
(e)
(f)
(1)
(2)
(A)
(B)
(C)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1199.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6734(a) | 40:1101 note. | Pub. L 104–68, §1, Dec. 22, 1995, 109 Stat. 766. |
6734(b) | 40:1102(a)(2) (last sentence). | Pub. L. 100–113, §§3(a)(2) (last sentence), 4(b), 5(b)(2)(B), (d), 6, Aug. 21, 1987, 101 Stat. 736, 737, 739, 740. |
40:1104(b)(2)(B). | ||
6734(c) | 40:1103(b). | |
6734(d) | 40:1104(d). | |
6734(e) | 40:1105(c). | |
6734(f)(1) | 40:1105(a). | |
6734(f)(2) | 40:1105(b). | |
6734(f)(3) | 40:1105(d). |
In subsection (b), the words "Ownership of such property and building will be by the United States" in 40:1104(b)(2)(B) are omitted as unnecessary.
In subsection (d), the text of 40:1104(d) (last sentence) is omitted as obsolete.
Subsection (f)(1) is substituted for 40:1105(a) to eliminate obsolete words.
In subsection (f)(2), the text of 40:1105(b)(4) is omitted as obsolete.
Subsection (f)(3) is substituted for 40:1105(d) to eliminate unnecessary words.
The Federal Triangle Development Act, referred to in subsec. (f)(2)(B), is Pub. L. 100–113, Aug. 21, 1987, 101 Stat. 735, as amended, which was classified to chapter 22 (§1101 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal, omission, and reenactment as this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
Pub. L. 104–68, §2, Dec. 22, 1995, 109 Stat. 766, provided that: "Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in section 1 [now 40 U.S.C. 6734(a)] shall be deemed to be a reference to the 'Ronald Reagan Building and International Trade Center'."
In this subchapter, the term "Union Station complex" means real property, air rights, and improvements the Secretary of the Interior leased under sections 101–110 of the National Visitors Center Facilities Act of 1968 (Public Law 90–264, 82 Stat. 43) and property acquired and improvements made in accordance with this subchapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1201.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6901 | 40:811(a) (last sentence). | Pub. L. 90–264, title I, §111(a) (last sentence), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1668. |
Sections 101–110 of the National Visitors Center Facilities Act of 1968, referred to in text, are sections 101 to 110 of Pub. L. 90–264, title I, Mar. 12, 1968, 82 Stat. 43–45, which were classified principally to part A (§801 et seq.) of subchapter I of chapter 18 of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304. Section 104 of the Act was classified as a note under section 804 of former Title 40 prior to repeal by Pub. L. 107–217. Section 108 of the Act was not classified to the Code.
Pub. L. 105–33, title IX, §9102, Aug. 5, 1997, 111 Stat. 670, provided that:
"(a)
"(b)
"(1) Part of lot 172, square 720.
"(2) Part of lots 172 and 823, square 720.
"(3) Part of lot 811, square 717.
"(c)
"(d)
"(1)
"(2)
Pub. L. 94–320, June 25, 1976, 90 Stat. 711, authorized the Secretary of the Interior, upon approval and subject to conditions of the Architect of the Capitol, in the portion of the United States Capitol Grounds in close proximity to the sidewalks abutting the circular perimeter of the Union Station Plaza in front of Columbus Plaza and the National Visitor Center, to erect and maintain flagpoles to fly the flags of each of the States of the United States and its territories and possessions, and to enter into an agreement with the appropriate officials of the District of Columbia to permit the District of Columbia to use certain areas of the United States Capitol Grounds to make certain street changes to coordinate and improve the flow of traffic in and around the United States Capitol Grounds, the National Visitor Center (formerly Union Station), and Union Station Plaza.
The Secretary of Transportation has the right, title, and interest in and to the Union Station complex, including all agreements and leases made under sections 101–110 of the National Visitors Center Facilities Act of 1968 (Public Law 90–264, 82 Stat. 43). To the extent the Secretary of Transportation and the Secretary of the Interior agree, the Secretary of the Interior may lease space for visitor services.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1201.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6902 | 40:811(a) (1st, 2d sentences). | Pub. L. 90–264, title I, §111(a) (1st, 2d sentences), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1668. |
This section is substituted for the text of 40:811(a) (1st, 2d sentences) to eliminate obsolete words.
Sections 101–110 of the National Visitors Center Facilities Act of 1968, referred to in text, are sections 101 to 110 of Pub. L. 90–264, title I, Mar. 12, 1968, 82 Stat. 43–45, which were classified principally to part A (§801 et seq.) of subchapter I of chapter 18 of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304. Section 104 of the Act was classified as a note under section 804 of former Title 40 prior to repeal by Pub. L. 107–217. Section 108 of the Act was not classified to the Code.
The Secretary of Transportation may make agreements and contracts, except an agreement or contract to sell property rights at the Union Station complex, with a person, a federal, regional, or local agency, or the Architect of the Capitol that the Secretary considers necessary or desirable to carry out the purposes of this subchapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1201.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6903 | 40:815(d). | Pub. L. 90–264, title I, §115(d), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1671. |
The words "corporations, financial institutions" are omitted as included in "person". The text of 40:815(d) (last sentence) is omitted as obsolete.
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1201.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6904(a) | 40:816(a)(1). | Pub. L. 90–264, title I, §116(a)(1), (b), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1671. |
6904(b) | 40:816(b). |
In subsection (a), the words "by lease, purchase, or otherwise", "without limitation", and "interests in the nature of" are omitted as unnecessary.
In subsection (b), the words "Notwithstanding any other provision of law" are omitted as unnecessary.
To further the rehabilitation, redevelopment, and operation of the Union Station complex, the Secretary of Transportation and the Administrator of the Federal Railroad Administration may serve as ex officio members of the board of directors of the Union Station Redevelopment Corporation.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6905 | 40:819a. | Pub. L. 90–264, title I, §120, as added Pub. L. 105–178, title I, §1211(b), June 9, 1998, 112 Stat. 188. |
The words "or their designees" are omitted because of 49:322(b).
(a)
(b)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6906(a) | 40:817(b) (1st sentence). | Pub. L. 90–264, title I, §117, as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1671. |
6906(b) | 40:817(b) (last sentence words before "and the balance"). | |
6906(c) | 40:817(a). | |
6906(d) | 40:817(b) (last sentence words after "activities authorized by this part"). |
In subsection (c), the words "without limitation" are omitted as unnecessary.
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6907(a) | 40:819(c) (1st sentence). | Pub. L. 90–264, title I, §119(c), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1672. |
6907(b) | 40:819(c) (last sentence). |
In subsection (a), the words "section 24909(a)(2)(A) of title 49" are substituted for "section 704(a)(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854(a)(2))", and the words "section 24902(c)(1) of title 49" are substituted for "section 703(1)(B) of such Act (45 U.S.C. 853(1)(B))", because of section 6(b) of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1378), the first section of which enacted Title 49, United States Code. The words "without regard to the matching funds requirement of section 24902(c)(1) of title 49" are omitted as obsolete because section 405(b) of the Amtrak Reform and Accountability Act of 1997 (Public Law 105–134, 111 Stat. 2586) struck out subsection (c) and redesignated subsection (f) as subsection (c).
In subsection (b), the words "section 24909 of title 49" are substituted for "section 704(a) of such Act" because of section 6(b) of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1378), the first section of which enacted title 49, United States Code.
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6908(a) | 40:818(a), (b) (1st, 2d sentences). | Pub. L. 90–264, title I, §118, as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1672. |
6908(b) | 40:818(b) (last sentence). |
In subsection (a), the text of 40:818(a) and (b) (1st sentence) is omitted as obsolete.
The Architect of the Capitol may make agreements with the Secretary of Transportation to furnish steam, chilled water, or both from the Capitol Power Plant to the Union Station complex, at no expense to the legislative branch.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6909 | 40:819(d). | Pub. L. 90–264, title I, §119(d), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1672. |
The words "or his designee or assign" are omitted because of 49:322(b)
Amounts necessary to meet lease and other obligations, including maintenance requirements, incurred by the Secretary of the Interior and assigned to the Secretary of Transportation under this subchapter may be appropriated to the Secretary of Transportation.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6910 | 40:813(a). | Pub. L. 90–264, title I, §113(a), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1669. |
In this section, the text of 40:813(a) (last sentence) is omitted as obsolete.
(a)
(b)
(1)
(A) the Secretary of the Interior;
(B) the Administrator of General Services;
(C) the Secretary of the Smithsonian Institution;
(D) the Chairman of the National Capital Planning Commission;
(E) the Chairman of the Commission of Fine Arts;
(F) six Members of the Senate, three from each party, to be appointed by the President of the Senate;
(G) six Members of the House of Representatives, three from each party, to be appointed by the Speaker of the House of Representatives; and
(H) three individuals appointed by the President, at least two of whom shall not be officers of the Federal Government, and one member of whom shall be a representative of the District of Columbia government.
(2)
(3)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1203.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6921(a) | 40:821 (related to creation). | Pub. L. 90–264, title II, §§201 (related to creation), 202(a), Mar. 12, 1968, 82 Stat. 45. |
6921(b)(1) | 40:822(a) (1st sentence). | |
6921(b)(2) | 40:822(a) (3d sentence). | |
6921(b)(3) | 40:822(a) (2d sentence). | |
6921(c) | 40:822(a) (last sentence). |
Advisory commissions 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 commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
(a)
(1) conduct continuing investigations and studies of sites and plans to provide additional facilities and services for visitors and students coming to the Nation's Capital; and
(2) advise the Secretary of the Interior and the Administrator of General Services on the planning, construction, acquisition, and operation of those visitor facilities.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1203.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6922(a) | 40:821 (related to duties). | Pub. L. 90–264, title II, §§201 (related to duties), 202(c), Mar. 12, 1968, 82 Stat. 45. |
6922(b) | 40:822(c). |
In subsection (a), the text of 40:821(1) is omitted as obsolete because there is no National Visitors Center.
Members of the National Visitor Facilities Advisory Commission who are not officers or employees of the Federal Government or the government of the District of Columbia are entitled to receive compensation under section 3109 of title 5 and expenses under section 5703 of title 5.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1203.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6923 | 40:822(b). | Pub. L. 90–264, title II, §202(b), Mar. 12, 1968, 82 Stat. 45. |
The words "expenses under section 5703 of title 5" are substituted for "travel expenses including per diem in lieu of subsistence as authorized by section 5703 of title 5 for persons in the government service employed intermittently" to eliminate unnecessary words.
The National Visitor Facilities Advisory Commission shall report to the Secretary of the Interior and the Administrator of General Services the results of its studies and investigations. A report recommending additional facilities for visitors shall include the Commission's recommendations as to sites for the facilities to be provided, preliminary plans, specifications, and architectural drawings for the facilities, and the estimated cost of the recommended sites and facilities.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1203.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6924 | 40:823. | Pub. L. 90–264, title II, §203, Mar. 12, 1968, 82 Stat. 46. |
The words "from time to time" are omitted as unnecessary. The word "reviews" is omitted as obsolete because the review is a continuing review of the National Visitors Center and there is no National Visitors Center. The words "site or" are omitted because of 1:1.
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1204.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8101 | 40:19. | R.S. §1797; Apr. 28, 1902, ch. 594, [§] 1 (6th par. on p. 152), 32 Stat. 152. |
In this chapter, the words "Administrator of General Services" are substituted for "Chief of Engineers" [subsequently changed to "Director of Public Buildings and Public Parks of the National Capital" because of section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983), "Director of the National Park Service" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and "Public Buildings Administrator" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
In subsection (a), the words "through the War Department" in section 1797 of the Revised Statutes are omitted because of section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983).
In subsection (b), the words "If the Administrator . . . decides" are substituted for "when it shall be made to appear to the said Administrator" for clarity. The words "in the District of Columbia" are omitted as unnecessary. The words "the Administrator and the officer in charge" are substituted for "the officer in charge" for clarity.
The Attorney General and the Secretary of the Treasury may prohibit—
(1) a vehicle from parking or standing on a street or roadway adjacent to a building in the District of Columbia—
(A) at least partly owned or possessed by, or leased to, the Federal Government; and
(B) used by law enforcement authorities subject to their jurisdiction; and
(2) a person or entity from conducting business on property immediately adjacent to a building described in paragraph (1).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8102 | 40:137. | Pub. L. 104–132, title VIII, §803, Apr. 24, 1996, 110 Stat. 1305. |
(a)
(b)
(1) is guilty of disorderly and unlawful conduct in or about those public buildings or public grounds;
(2) willfully injures the buildings or shrubs;
(3) pull downs, impairs, or otherwise injures any fence, wall, or other enclosure;
(4) injures any sink, culvert, pipe, hydrant, cistern, lamp, or bridge; or
(5) removes any stone, gravel, sand, or other property of the Government, or any other part of the public grounds or lots belonging to the Government in the District of Columbia.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8103 | 40:101. | July 29, 1892, ch. 320, §15, 27 Stat. 325; Pub. L. 90–108, §2, Oct. 20, 1967, 81 Stat. 277. |
In subsection (b), the word "enclosure" is substituted for "inclosure" to use the more understood term.
(a)
(b)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205; Pub. L. 109–284, §6(22), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8104 | 40:121. | May 16, 1930, ch. 291, §1, 46 Stat. 366; July 31, 1939, ch. 400, 53 Stat. 1144. |
In this chapter, the word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner" (meaning the Commissioner of the District of Columbia) because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
In subsection (a), the words "it is hereby declared that" are omitted as unnecessary.
In subsection (b), the words "To this end, hereafter" are omitted as unnecessary.
2006—Subsec. (b). Pub. L. 109–284 substituted "Commission of Fine Arts" for "Commission on Fine Arts".
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 is required to approve sketches, plans, and estimates for buildings to be constructed by the Administrator, except that the Administrator and the United States Postal Service must approve buildings designed for post office purposes.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206; Pub. L. 109–284, §6(23), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8105 | 40:128. | June 14, 1946, ch. 404, §8, 60 Stat. 258. |
The words "On and after June 14, 1946" are omitted as obsolete. The words "National Capital Planning Commission" are substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title. The words "Administrator of General Services" are substituted for "Commissioner of Public Buildings" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "constructed by the Administrator" are substituted for "constructed by the Public Buildings Administration" [subsequently changed to "constructed by the General Services Administration" because of section 103(a)] because of section 101(b) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 379), which is restated as section 302(a) of the revised title. The words "United States Postal Service" are substituted for "Postmaster General" because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773).
2006—Pub. L. 109–284 substituted "post office" for "post-office".
A building or structure shall not be erected on any reservation, park, or public grounds of the Federal Government in the District of Columbia without express authority of Congress.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8106 | 40:68. | Aug. 24, 1912, ch. 355, §1 (10th par. on p. 444), 37 Stat. 444. |
The words "On and after August 24, 1912" are omitted as obsolete.
Except on the written authority of the Director of the National Park Service, advertisements of any kind shall not be displayed, and articles of any kind shall not be sold, in or around the Washington Monument.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8107 | 40:43. | Mar. 4, 1909, ch. 299, §1 (proviso in 2d par. on p. 997), 35 Stat. 997. |
The words "Director of the National Park Service" are substituted for "Secretary of War" [subsequently changed to "Director of Public Buildings and Public Parks of the National Capital["] because of section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983)] because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389).
Except as expressly authorized by law, public buildings in the District of Columbia (other than the Capitol Building and the White House), and the approaches to those public buildings, shall not be used or occupied in connection with ceremonies for the inauguration of the President or other public functions.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8108 | 40:31. | Apr. 28, 1902, ch. 594, [§] 1 (last par. on p. 152), 32 Stat. 152. |
The words "in any manner whatever" are omitted as unnecessary.
(a)
(1) prevent the improper appropriation or occupation of any public street, avenue, square, or reservation in the District of Columbia that belongs to the Federal Government;
(2) reclaim the street, avenue, square, or reservation if unlawfully appropriated;
(3) prevent the erection of any permanent building on property reserved to or for the use of the Government, unless plainly authorized by law; and
(4) report to Congress at the beginning of each session on the Secretary's proceedings in the premises, together with a full statement of all property described in this subsection, and how, and by what authority, the property is occupied or claimed.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8121 | 40:66. | R.S. §1818. |
In subsection (a)(1), the words "the District of Columbia" are substituted for "the city of Washington" for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(3), the word "particularly" is omitted as unnecessary.
The Director of the National Park Service has jurisdiction over that part of Constitution Avenue west of Virginia Avenue that was under the control of the Commissioners of the District of Columbia prior to May 27, 1908.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8122 | 40:64. | May 27, 1908, ch. 200, §1 (1st complete par. on p. 356), 35 Stat. 356. |
For transfer of functions from the Chief of Engineers to the Director of the National Park Service, see the revision note under section 8102 of this title. The words "Constitution Avenue" are substituted for "B Street" to reflect the current name.
When in accordance with law or mutual legal agreement, spaces or portions of public land are transferred between the jurisdiction of the Director of the National Park Service, as established by the Act of July 1, 1898 (ch. 543, 30 Stat. 570), and the Mayor of the District of Columbia, the letters of transfer and acceptance exchanged between them are sufficient authority for the necessary change in the official maps and for record when necessary.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8123 | 40:79. | July 1, 1898, ch. 543, §5, 30 Stat. 570. |
For transfer of functions from the Chief of Engineers to the Director of the National Park Service, see the revision note under section 8102 of this title. The word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [which subsequently should have been changed to "Commissioner" (meaning the Commissioner of the District of Columbia) rather than "District of Columbia Council" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
The Act of July 1, 1898, 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 former Title 40, Public Buildings, Property, and Works, and amended section 67 of former Title 40. Sections 60, 67, 75, 78, and 80 of former Title 40 have been omitted from the Code. Section 79 of former Title 40 was repealed and reenacted as this section by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8124(a), (b) | 40:122. | May 20, 1932, ch. 197, §1, 47 Stat. 161; Aug. 30, 1954, ch. 1076, §(20), 68 Stat. 967. |
8124(c) | 40:123. | May 20, 1932, ch. 197, §2, 47 Stat. 162. |
In subsection (a), the words "National Capital Planning Commission" are substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title.
In subsection (c), the words "but all such laws shall remain in full force and effect" are omitted as unnecessary.
The Director of the National Park Service has jurisdiction over all public spaces resulting from the filling of canals in the original city of Washington that were not under the jurisdiction of the Chief of Engineers of the United States Army as of August 1, 1914, except spaces included in the navy yard or in actual use as roadways and sidewalks and spaces assigned by law to the District of Columbia for use as a property yard and the location of a sewage pumping station. The spaces shall be laid out as reservations as a part of the park system of the District of Columbia.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8125 | 40:82. | Aug. 1, 1914, ch. 223, §1 (last par. on p. 633), 38 Stat. 633. |
For transfer of functions from the Chief of Engineers to the Director of the National Park Service, see the revision note under section 8102 of this title. However, the words "Chief of Engineers of the United States Army" in the source provision are retained for historical purposes.
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8126(a) | 40:89 (words before provisos, 2d proviso). | Mar. 3, 1899, ch. 458, §2 (2d par.), 30 Stat. 1378. |
8126(b) | 40:89 (1st, last provisos). |
For transfer of functions from the Secretary of War to the Director of the National Park Service, see the revision note under section 8108 of this title.
In subsection (a), the words "of such area or areas" and "in extent" are omitted as unnecessary.
In subsection (b), the words "as provided in section 86 of this title" are omitted as obsolete.
(a)
(1) existed on August 31, 1918; and
(2) was transferred by the Chief of Engineers for playground purposes.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1208.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8127 | 40:100. | Aug. 31, 1918, ch. 164, §1 (6th par., words before "and over" in last par. under heading "Washington Aqueduct."), 40 Stat. 951. |
In this section, the word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner" [meaning the Commissioner of the District of Columbia] because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
In subsection (a), before clause (1), the word "use" is omitted as included in "possession, control, and jurisdiction".
In subsection (b), the words "Secretary of the Army" are substituted for "Secretary of War" because of section 205(a) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501). Section 205(a) was repealed by section 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 676), the first section of which enacted Title 10, United States Code. Sections 3010–3013 of title 10 continued the Department of the Army under the administrative supervision of the Secretary of the Army.
A contract shall not be made for the rent of a building, or part of a building, to be used for the purposes of the Federal Government in the District of Columbia until Congress enacts an appropriation for the rent. This section is deemed to be notice to all contractors or lessors of the building or a part of the building.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1208.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8141 | 40:34. | Mar. 3, 1877, ch. 106 (words after 2d semicolon in 3d par. under heading "Miscellaneous"), 19 Stat. 370. |
An executive department of the Federal Government renting a building for public use in the District of Columbia may rent a different building instead if it is in the public interest to do so. This section does not authorize an increase in the number of buildings in use or in the amount paid for rent.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1208.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8142 | 40:35. | Aug. 5, 1882, ch. 389 1 [sic] (2d sentence in 8th par. on p. 241), 22 Stat. 241. |
The word "now" in the Act of August 5, 1882 is omitted as obsolete.
(a)
(1) pay for heat furnished at rates the Administrator determines; and
(2) connect the building with the Federal Government mains in a manner satisfactory to the Administrator.
(b)
(1) pay for the steam furnished at reasonable rates the Administrator determines but that are at least equal to cost; and
(2) provide the necessary connections with the Government mains at its own expense and in a manner satisfactory to the Administrator.
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1208.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8143(a) | 40:22a. | June 19, 1934, ch. 648 (last par. on p. 1044), 48 Stat. 1044. |
8143(b) | 40:22b. | June 27, 1935, ch. 320, §§1, 2, 49 Stat. 425. |
8143(c) | 40:22c. |
In subsection (a), the words "Administrator of General Services" are substituted for "Treasury Department", "Secretary of the Treasury", and ["]Public Works Branch, Procurement Division, Treasury Department" [subsequently changed to "Federal Works Agency", ["]Federal Works Administrator", and "Public Buildings Administration, Federal Works Agency", respectively, because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In clause (1), the words "not less than cost" are omitted because of 40:22c, restated as subsection (c).
In subsections (b) and (c), the word "Administrator" is substituted for "Secretary of the Interior, through the National Park Service" and "Secretary of the Interior" [both subsequently changed to "Federal Works Administrator" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
In subsection (b), before clause (1), the words "Board of Governors of the Federal Reserve System" are substituted for "Federal Reserve Board" because of section 203(a) of the Banking Act of 1935 (ch. 614, 49 Stat. 704).
In subsection (c), the words "On and after June 27" are omitted as obsolete. The words "the Pan American Union buildings" are substituted for "the buildings, old and new, of the Pan American Union" for clarity. The words "as are or hereafter may be" are omitted as unnecessary.
During April, May, and June of each year, the Administrator of General Services may deliver to all branches of the Federal Government and the government of the District of Columbia as much fuel for their use during the following fiscal year as may be practicable to store at the points of consumption. The branches of the Federal Government and the government of the District of Columbia shall pay for the fuel from their applicable appropriations for that fiscal year.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8144 | 40:113. | June 5, 1920, ch. 235 (2d complete par. on p. 913), 41 Stat. 913. |
The words "the months of" are omitted as unnecessary. The words "Administrator of General Services" are substituted for "Secretary of the Interior" [subsequently changed to ["]Secretary of the Treasury" because of Executive Order No. 4239 (eff. July 1, 1925) and section 1 of Executive Order No. 6166 (eff. June 10, 1933)] because of sections 109(a) and 201(a)(2) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 382, 384), restated as sections 321(b)(1) and 501(d) of the revised title. The word "Government" is substituted for "service" for clarity and for consistency in the revised title and with other titles of the United States Code. The word "municipal" is omitted as unnecessary.
The Council of the District of Columbia shall 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 in public business.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8161 | 40:60a. | June 29, 1956, ch. 479 (3d par. under heading "Department of Vehicles and Traffic"), 70 Stat. 447. |
The words "On and after June 29, 1956" are omitted as obsolete. The words "Council of the District of Columbia" are substituted for ["]Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "District of Columbia Council" because of section 402(300) of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 969)] because of sections 401 and 404(a) of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 785, 787).
Ailanthus trees shall not be purchased for, or planted in, the public grounds.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8162 | 40:102. | R.S. §1830. |
The word "ailanthus" is substituted for "ailantus" to correct an error in the source provision.
The greenhouses and nursery shall be used only for the propagation of trees, shrubs, and plants suitable for planting in the public reservations. Only those trees, shrubs, and plants shall be planted in the public reservations.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8163 | 40:103. | June 20, 1878, ch. 359 (proviso in 2d par. under heading "Building and Grounds in and Around Washington and the Executive Mansion"), 20 Stat. 220. |
The words "On and after June 20, 1878" are omitted as obsolete. The words "Only those trees, shrubs, and plants shall be planted in the public reservations" are substituted for "to which purpose only the said productions of the greenhouses and nursery shall be applied" for clarity.
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8164(a) | 40:129a. | May 14, 1948, ch. 290, 62 Stat. 235. |
40:130 (words before last comma). | ||
40:130a. | ||
8164(b) | 40:130 (words after last comma). |
In this section, the words "United States District Court for the District of Columbia" are substituted for "District Court of the United States for the District of Columbia" because of section 32(b) of the Act of June 25, 1948 (ch. 646, 62 Stat. 991), as amended by section 127 of the Act of May 24, 1949 (ch. 139, 63 Stat. 107).
In subsection (a), the words "the E. Barrett Prettyman United States Courthouse" are substituted for "the completed building" because of section 2 of the Act of July 1, 1996 (Public Law 104–151, 110 Stat. 1383). The words "Administrator of General Services" are substituted for "Public Buildings Administration, in the Federal Works Agency" because of 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The text of 40:129a (words before last proviso) is omitted as obsolete. The text of 40:129a (last proviso) is omitted because of section 173(a)(1) of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (Public Law 91–358, 84 Stat. 591). The text of 40:130a is omitted as unnecessary.
In subsection (b), the words "chief judge" are substituted for "chief justice" in both places because of section 32(a) of the Act of June 25, 1948 (ch. 646, 62 Stat. 991), as amended by section 127 of the Act of May 24, 1949 (ch. 139, 63 Stat. 107).
Pub. L. 109–101, §§3, 4, Nov. 11, 2005, 119 Stat. 2171, provided that:
"The annex, located on the 200 block of 3rd Street Northwest in the District of Columbia, to the E. Barrett Prettyman Federal Building and United States Courthouse located at Constitution Avenue Northwest in the District of Columbia shall be known and designated as the 'William B. Bryant Annex'.
"Any reference in a law, map, regulation, document, paper, or other record of the United States to the annex referred to in section 3 shall be deemed to be a reference to the 'William B. Bryant Annex'."
Pub. L. 104–151, July 1, 1996, 110 Stat. 1383, provided that:
"The United States courthouse located at 3rd Street and Constitution Avenue, Northwest, in Washington, District of Columbia, shall be designated and known as the 'E. Barrett Prettyman United States Courthouse'.
"Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the 'E. Barrett Prettyman United States Courthouse'."
For carrying out the work of the Director of the Office of Personnel Management and the examinations provided for in sections 3304 and 3305 of title 5, the Administrator of General Services shall—
(1) assign or provide suitable and convenient rooms and accommodations, which are furnished, heated, and lighted, in Washington, D.C.;
(2) supply necessary stationery and other articles; and
(3) arrange for or provide necessary printing.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1210.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8165 | 40:42. | Jan. 16, 1883, ch. 27, §4, 22 Stat. 405. |
In this section, the words "the Director of the Office of Personnel Management and the examinations provided for in sections 3304 and 3305 of title 5" are substituted for "said commission and said examinations" in section 4 of the Act of January 16, 1883, because of section 102 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783) and section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. The words "Administrator of General Services" are substituted for "Secretary of the Interior" [subsequently changed to "Civil Service Commission" because of section 1 (1st complete par. on p. 642) of the Act of May 29, 1920 (ch. 214, 41 Stat. 642)] because of sections 1 and 2 of Reorganization Plan No. 18 of 1950 (eff. July 1, 1950, 64 Stat. 1270).
In this chapter, the term "Washington metropolitan region" includes the District of Columbia, the counties of Montgomery and Prince Georges in Maryland, and the counties of Arlington and Fairfax and the cities of Alexandria and Falls Church in Virginia.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1210.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8301 | 40:135. | Pub. L. 86–527, §6, June 27, 1960, 74 Stat. 224. |
Because the District of Columbia is the seat of the Federal Government and has 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 in the District of Columbia, the general welfare of the District of Columbia, the health and living standards of the people residing or working in the District of Columbia, and the conduct of industry, trade, and commerce in the District of Columbia require that to the fullest extent possible the development of the District of Columbia and the management of its public affairs, and the activities of the departments, agencies, and instrumentalities of the Government which may be carried out in, or in relation to, the other areas of the Washington metropolitan region, shall be coordinated with the development of those other areas and with the management of their public affairs so that, with the cooperation and assistance of those other areas, all of the areas in the Washington metropolitan area shall be developed and their public affairs shall be managed so as to contribute effectively toward the solution of the community development problems of the Washington metropolitan region on a unified metropolitan basis.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1210.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8302 | 40:131. | Pub. L. 86–527, §2, June 27, 1960, 74 Stat. 223. |
The words "The Congress hereby declares that" are omitted as obsolete. The words "at the seat of said Government" are omitted as unnecessary.
The policy to be followed for the attainment of the objective established by section 8302 of this title, and for the more effective exercise by Congress, the executive branch of the Federal Government, the Mayor of the District of Columbia, and all other officers, 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 the functions, powers, and duties shall be exercised and carried out in a manner that (with proper recognition of the sovereignty of Maryland and Virginia in respect of those areas of the Washington metropolitan region that are located within their respective jurisdictions) will best facilitate the attainment of the coordinated development of the areas of the Washington metropolitan area and the 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. 107–217, Aug. 21, 2002, 116 Stat. 1210.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8303 | 40:132. | Pub. L. 86–527, §3, June 27, 1960, 74 Stat. 223. |
The words "The Congress further declares that" are omitted as obsolete. The word "Mayor" is substituted for "Board of Commissioners" [subsequently changed to "Commissioner" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Self–Government and Governmental Reorganization Act (Public Law 93–198, 87 Stat. 789.)
In carrying out the policy pursuant to section 8303 of this title for the attainment of the objective established by section 8302 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. 107–217, Aug. 21, 2002, 116 Stat. 1211.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8304 | 40:133. | Pub. L. 86–527, §4, June 27, 1960, 74 Stat. 223. |
The words "The Congress further declares that" are omitted as obsolete.
(a)
(1)
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 northern 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 Washington Avenue Southwest and South Capitol Street;
thence northwest on Washington Avenue 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.
(2)
(3)
(A) is deemed to include 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) does not include any area situated outside of the District of Columbia boundary as it existed immediately prior to December 24, 1973, any part of the Anacostia Park situated east of the northern side of the Eleventh Street Bridge, or any part of the Rock Creek Park.
(b)
(1)
(A) apply to the United States Capitol Buildings and Grounds as defined and described in sections 5101 and 5102 of this title, any other buildings and grounds under the care of the Architect of the Capitol, the Supreme Court Building and grounds as described in section 6101 of this title, and the Library of Congress buildings and grounds as defined in section 11 of the Act of August 4, 1950 (2 U.S.C. 167j); and
(B) repeal, amend, alter, modify, or supersede—
(i) chapter 51 of this title, section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), any other general law of the United States, any law enacted by Congress and applicable exclusively to the District of Columbia, or any rule or regulation prescribed pursuant to any of those provisions, that was in effect on January 1, 1975, and that pertained to those buildings and grounds; or
(ii) any authority which existed on December 24, 1973, with respect to those buildings and grounds and was vested on January 1, 1975, in the Senate, the House of Representatives, Congress, any committee, commission, or board of the Senate, the House of Representatives, or Congress, 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, or the Librarian of Congress.
(2)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1211; Pub. L. 109–284, §6(24), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8501(a) | 40:136(a), (f). | Pub. L. 93–198, title VII, §739(a), (f), (h)–(j), Dec. 24, 1973, 87 Stat. 825, 826, 829. |
8501(b)(1) | 40:136(h)(1). | |
8501(b)(2) | 40:136(i). | |
8501(c) | 40:136(h)(2). | |
8501(d) | 40:136(j). |
In subsection (a)(1), the words "Washington Avenue Southwest" are substituted for "Canal Street Southwest" because of section 2 of D.C. Law 8–39. See section 7–451 note of the District of Columbia Code.
In subsection (b)(1)(A), reference to the Supreme Court Building is omitted because 40:13p only describes the Supreme Court grounds.
In subsection (b)(1)(B)(ii), the words "by law, or otherwise" are omitted as unnecessary.
In subsection (b)(2), the words "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" are omitted as unnecessary.
In subsection (c), the words "Notwithstanding the foregoing provisions of this section" are omitted as unnecessary. The words "section 1537 of title 31" are substituted for "section 731 of this Act" because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words "by law or otherwise" and "rendering and receiving such services" are omitted as unnecessary.
Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in subsec. (b)(1)(B)(i), are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.
The District of Columbia Home Rule Act, referred to in subsec. (c), is Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 774, as amended. For complete classification of this Act to the Code, see Tables.
2006—Subsec. (b)(1)(A). Pub. L. 109–284 inserted "of this title" after "sections 5101 and 5102".
(a)
(b)
(c)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1215; Pub. L. 109–284, §6(25), (26), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8502(a) | 40:136(b) (1st sentence), (c) (1st sentence). | Pub. L. 93–198, title VII, §739(b), (c), Dec. 24, 1973, 87 Stat. 825. |
8502(b) | 40:136(c) (last sentence). | |
8502(c) | 40:136(b) (2d, last sentences). |
In subsection (a), the words "from time to time" and "of section 5314 [sic] of title 5" are omitted as unnecessary. [The words "of section 5314 of title 5" were not omitted.]
In subsection (b), the reference to chapter 33 of title 5 is substituted for "the provisions of title 5 governing appointments in the competitive service" for clarity and for consistency in the revised title and with other titles of the United States Code. The words "subchapter III" are substituted for "subchapter 3" to correct an error in the source provision.
2006—Subsec. (a). Pub. L. 109–284, §6(25), substituted "5315" for "5314".
Subsec. (c)(2). Pub. L. 109–284, §6(26), inserted "of this title" after "sections 5101 and 5102".
(a)
(1) 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;
(2) effective comprehensive planning is necessary on a regional basis and of continuing importance to the federal establishment;
(3) 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;
(4) 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 of Columbia Governments so that those activities may conform with general objectives;
(5) 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;
(6) 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
(7) the instrumentalities and procedures provided in this chapter will aid in providing Congress with information and advice requisite to legislation.
(b)
(1)
(A) to secure comprehensive planning for the physical development of the National Capital and its environs;
(B) to provide for the participation of the appropriate planning agencies of the environs in the planning; and
(C) to establish the agency and procedures requisite to the administration of the functions of the Federal and District Governments related to the planning.
(2)
(A) 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
(B) 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1216.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8701(a) | 40:71(a) (2d sentence). | June 6, 1924, ch. 270, §1(a), 43 Stat. 463; Apr. 30, 1926, ch. 198, 44 Stat. 374; May 24, 1928, ch. 726, 45 Stat. 726; July 19, 1952, ch. 949, §1, 66 Stat. 781. |
8701(b)(1) | 40:71(a) (1st sentence). | |
8701(b)(2) | 40:71(a) (last sentence). |
In subsection (a)(7), the words "from time to time" are omitted as unnecessary.
In subsection (b), the text of 40:72a, restated as section 8732 of the revised title, is included in the purposes and objectives of this chapter because by its terms, the authority of the National Capital Planning Commission is enlarged as provided in that section.
In this chapter—
(1)
(2)
(3)
(A) the District of Columbia;
(B) Montgomery and Prince Georges Counties in Maryland;
(C) Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and
(D) all cities in Maryland or Virginia in the geographic area bounded by the outer boundaries of the combined area of the counties listed in subparagraphs (B) and (C).
(4)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1216.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8702 | 40:71(b). | June 6, 1924, ch. 270, §1(b), 43 Stat. 463; Apr. 30, 1926, ch. 198, 44 Stat. 374; May 24, 1928, ch. 726, 45 Stat. 726; July 19, 1952, ch. 949, §1, 66 Stat. 782. |
In clause (3)(D), the words "now or hereafter existing" are omitted as unnecessary.
In clause (4), the words "whether or not its jurisdiction is exclusive or concurrent" are omitted as unnecessary.
(a)
(b)
(1)
(A) ex officio, the Secretary of the Interior, the Secretary of Defense, the Administrator of General Services, the Mayor of the District of Columbia, the Chairman of the Council of the District of Columbia, the chairman of the Committee on Governmental Affairs of the Senate, and the chairman of the Committee on Government Reform of the House of Representatives, or an alternate any of those individuals designates; and
(B) 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.
(2)
(3)
(4)
(c)
(d)
(e)
(1) preparing, adopting, and amending a comprehensive plan for the federal activities in the National Capital and making related recommendations to the appropriate developmental agencies; and
(2) serving as the central planning agency for the Government within the National Capital region and reviewing the development programs of the developmental agencies to advise as to consistency with the comprehensive plan.
(f)
(g)
(h)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1217; Pub. L. 109–284, §6(27), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(23), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8711(a) | 40:71a(a)(1). | June 6, 1924, ch. 270, §2(a)(1), (b), (c), (e), as added July 19, 1952, ch. 949, §1, 66 Stat. 782; Sept. 25, 1962, Pub. L. 87–683, 76 Stat. 575; Dec. 24, 1973, Pub. L. 93–198, title II, §203(a), (b), 87 Stat. 779, 782. |
8711(b) | 40:71a(b). | |
8711(c), (d) | 40:71a(c). | |
8711(e) | 40:71a(e). | |
8711(f) | 40:71h. | June 6, 1924, ch. 270, §9, as added July 19, 1952, ch. 949, §1, 66 Stat. 790. |
8711(g) | 40:74. | June 6, 1924, ch. 270, §13, formerly §4, 43 Stat. 464; renumbered §13, July 19, 1952, ch. 949, §2 (1st sentence), 66 Stat. 791; Pub. L. 94–273, §21, Apr. 21, 1976, 90 Stat. 379. |
8711(h) | 40:71a note. | Pub. L. 105–83, (last proviso in par. under heading "National Capital Planning Commission"), Nov. 14, 1997, 111 Stat. 1589. |
In this chapter, the word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner" [meaning the Commissioner of the District of Columbia] because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789). The words "Council of the District of Columbia" are substituted for "Board of Commissioners of the District of Columbia" [subsequently changed to "District of Columbia Council" because of section 402(21), (28), (32), and (199) of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 952, 953, 963)] because of sections 401 and 404(a) of the Act (87 Stat. 785, 787).
In subsection (b)(1)(A), the words "the Chairman of the Committee on Governmental Affairs of the Senate, and the Chairman of the Committee on Government Reform of the House of Representatives" are substituted for "and the chairman of the Committees of the District of Columbia of the Senate and the House of Representatives" in section 2(b)(1) of the Act of June 24, 1924 (ch. 270), because of Rule XXV of the Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved February 4, 1977, section 1(b)(1) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.), and Rule X(1)(h) of House Resolution No. 5 (105th Congress, January 6, 1999).
In subsection (b)(2), the words "bona fide" are omitted as unnecessary.
In subsection (b)(3), the words "except that of the members first appointed, the President shall designate one to serve two years and one to serve four years" and "The members first appointed under this section shall assume their office on January 2, 1975" are omitted as obsolete.
In subsection (b)(4), the words "are entitled to $100 a day when performing duties" are substituted for "shall each receive compensation at the rate of $100 for each day such member is engaged in the actual performance of duties" to eliminate unnecessary words.
In subsection (d), the words "chapters 33 and 51, and subchapter III of chapter 53" are substituted for "the civil service and classification laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
In subsection (e), before clause (1), the words "As hereinafter more specifically described in sections 71c to 71g of this title" are omitted as unnecessary. The text of 40:71a(e)(3) is omitted as obsolete because the National Capital Regional Planning Council was abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff. Sept. 8, 1966, 40:71b note). In clause (2), the words "in such capacity" are omitted as unnecessary.
Subsection (f) is substituted for 40:71h to eliminate obsolete language.
In subsection (g), the words "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" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 180 of House Document No. 103–7. The words "Office of Management and Budget" are substituted for "Bureau of the Budget" in section 13 of the Act of June 6, 1924, because the Bureau of the Budget was redesignated the Office of Management and Budget by section 102 of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970 was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:501, continued the designation as Office of Management and Budget.
In subsection (h), the words "beginning in fiscal year 1998 and thereafter" are omitted as obsolete.
Act of March 2, 1893, referred to in subsec. (f), is act Mar. 2, 1893, ch. 197, 27 Stat. 532, as amended, which is not classified to the Code.
Act of June 6, 1924, referred to in subsec. (f), is act June 6, 1924, ch. 270, 43 Stat. 463, as amended, which enacted sections 71 to 71i, 72, 73, and 74 of former Title 40, Public Buildings, Property, and Works. Sections 71, 71a, 71c, 71d, 71f to 71i, 72, 73, and 74 of former Title 40 were repealed and reenacted as sections 8701, 8702, 8711, 8721 to 8724, 8731, and 8737 of this title by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 71b of former Title 40 was repealed by Pub. L. 107–217. Section 71e of former Title 40 was repealed by Pub. L. 93–198, title II, §203(e), Dec. 24, 1973, 87 Stat. 782. For complete classification of this Act to the Code, see Tables.
2011—Subsec. (d). Pub. L. 111–350, which directed substitution of "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)", was executed by making the substitution for "section 3709 of the Revised Statues (41 U.S.C. 5)" to reflect the probable intent of Congress.
2006—Subsec. (a). Pub. L. 109–284 inserted "of this title" after "sections 5101 and 5102".
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Pub. L. 108–108, title II, Nov. 10, 2003, 117 Stat. 1301, provided in part: "That for fiscal year 2004 and thereafter, all appointed members of the Commission will be compensated at a rate not to exceed the daily equivalent of the annual rate of pay for positions at level IV of the Executive Schedule for each day such member is engaged in the actual performance of duties."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 108–7, div. F, title II, Feb. 20, 2003, 117 Stat. 269.
Pub. L. 107–63, title II, Nov. 5, 2001, 115 Stat. 464.
Pub. L. 106–291, title II, Oct. 11, 2000, 114 Stat. 986.
Pub. L. 106–113, div. B, §1000(a)(3), [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A–189.
Pub. L. 105–277, div. A, §101(e) [title II], Oct. 21, 1998, 112 Stat. 2681–231, 2681–285.
Pub. L. 105–83, title II, Nov. 14, 1997, 111 Stat. 1589.
Pub. L. 104–208, div. A, title I, §101(d) [title II], Sept. 30, 1996, 110 Stat. 3009–181, 3009–219.
Pub. L. 104–134, title I, §101(c) [title II], Apr. 26, 1996, 110 Stat. 1321–195; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2535.
Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1414.
Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1414.
(a)
(1) federal or international projects and developments in the District, as determined by the National Capital Planning Commission; or
(2) the United States Capitol Buildings and Grounds as defined and described in sections 5101 and 5102 of this title, any extension of, or additions to, those Buildings and Grounds, and buildings and grounds under the care of the Architect of the Capitol.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1218; Pub. L. 109–284, §6(28), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8712 | 40:71a(a)(2). | June 6, 1924, ch. 270, §2(a)(2), as added July 19, 1952, ch. 949, §1, 66 Stat. 782; Pub. L. 93–198, title II, §203(a), Dec. 24, 1973, 87 Stat. 779. |
2006—Subsec. (a)(2). Pub. L. 109–284 inserted "of this title" after "sections 5101 and 5102".
(a)
(b)
(c)
(1)
(2)
(3)
(A)
(B)
(i) accept the findings and recommendations and modify the element or amendment accordingly; or
(ii) reject the findings and recommendations and resubmit a modified form of the element or amendment to the Commission for reconsideration.
(C)
(D)
(d)
(e)
(1)
(2)
(A) may provide periodic opportunity for review and comments by nongovernmental agencies or groups through public hearings, meetings, or conferences, exhibitions, and publication of its plans; and
(B) in consultation with the Council, may encourage the formation of citizen advisory councils.
(f)
(g)
(h)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1219.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8721(a) | 40:71c(a), (d). | June 6, 1924, ch. 270, §4(a), (d), (e) (1st par.), as added July 19, 1952, ch. 949, §1, 66 Stat. 785, 787; Pub. L. 93–198, title II §203(c)(1), (2), Dec. 24, 1973, 87 Stat. 782. |
8721(b) | 40:71a(a)(3). | June 6, 1924, ch. 270, §2(a)(3), (4), as added July 19, 1952, ch. 949, §1, 66 Stat. 782; Pub. L. 93–198, title II, §203(a), Dec. 24, 1973, 87 Stat. 779. |
8721(c), (d) | 40:71a(a)(4)(A)–(C). | |
8721(e) | 40:71c(e) (1st par.). | |
8721(f) | 40:71a(a)(4)(E). | |
8721(g) | 40:71a(a)(4)(D). | |
8721(h)(1) | 40:71a(a)(4)(F). | |
8721(h)(2) | 40:71a(d). | June 6, 1924, ch. 270, §2(d), as added July 19, 1952, ch. 949, §1, 66 Stat. 783. |
In subsection (a), the text of 40:71c(a) (2d, 3d sentences) and reference to the National Capital Regional Planning Council are omitted as obsolete because the Council was abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff. Sept. 8, 1966, 40:71b note). The words "from time to time" are omitted as unnecessary.
In subsection (e)(2), before clause (A), the words "in addition and at its discretion" are omitted as unnecessary.
In subsection (g), the words "from time to time" are omitted as unnecessary.
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.
(a)
(b)
(1)
(2)
(A)
(B)
(c)
(1)
(2)
(3)
(d)
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1221; Pub. L. 109–284, §6(29), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8722(a) | 40:71d(e). | June 6, 1924, ch. 270, §5, as added July 19, 1952, ch. 949, §1, 66 Stat. 787; Pub. L. 93–198, title II, §203(d), Dec. 24, 1973, 87 Stat. 782. |
8722(b)(1) | 40:71d(a) (1st sentence words before proviso, 2d–last sentences). | |
8722(b)(2)(A) | 40:71d(b). | |
8722(b)(2)(B) | 40:71d(a) (1st sentence proviso). | |
8722(c)(1), (2) | 40:71d(d). | |
8722(c)(3) | 40:71c(e) (last par.). | June 6, 1924, ch. 270, §4(e) (last par.), as added July 19, 1952, ch. 949, §1, 66 Stat. 787. |
8722(d) | (uncodified). | June 20, 1938, ch. 534, §16, 52 Stat. 802. |
8722(e) | 40:71d(c). |
In subsection (a), the words "including the acquisition of land" are omitted as unnecessary.
In subsection (b)(1), the words "received and" are omitted as unnecessary.
In subsection (c)(2), reference to the National Capital Regional Planning Council is omitted as obsolete because the Council was abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff. Sept. 8, 1966, 40:71b note).
In subsection (c)(3), the word "work" is substituted for "act in conjunction and cooperation" to eliminate unnecessary words.
In subsection (d), the word "Commission" [meaning the National Capital Planning Commission] is substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title.
In subsection (e), the words "the boundaries of" and "and from time to time redefined" are omitted as unnecessary.
The Act of June 20, 1938, referred to in subsec. (d), is act June 20, 1938, ch. 534, 52 Stat. 797, as amended. While the Act was not classified to the Code, section 16 of the Act was repealed and reenacted as subsec. (d) of this section by Pub. L. 107–217, §§1, 6, Aug. 21, 2002, 116 Stat. 1062, 1304. See Historical and Revision Notes above.
2006—Subsec. (d). Pub. L. 109–284 substituted "52 Stat. 797" for "52 Stat. 802" and "are subject" for "is subject".
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1223.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8723 | 40:71f. | June 6, 1924, ch. 270, §7, as added July 19, 1952, ch. 949, §1, 66 Stat. 789; Pub. L. 93–198, title II, §203(f), Dec. 24, 1973, 87 Stat. 782. |
In subsection (b), the words "District of Columbia Home Rule Act" are substituted for "District of Columbia of Columbia Self-Government and Governmental Reorganization Act" because of section 11717(b) of the Balanced Budget Act of 1997 (Public Law 105–33, 111 Stat. 786).
Section 444 of the District of Columbia Home Rule Act, referred to in subsec. (b), is section 444 of Pub. L. 93–198, title IV, Dec. 24, 1973, 87 Stat. 800, as amended, which is not classified to the Code.
(a)
(b)
(c)
(1)
(2)
(A) to the extent the Planning Commission decides; and
(B) when requested by the Zoning Commission and approved by the Planning Commission.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1223.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8724(a) | 40:71g(a). | June 6, 1924, ch. 270, §8(a)–(c), as added July 19, 1952, ch. 949, §1, 66 Stat. 790; Pub. L. 93–198, title II, §203(g), Dec. 24, 1973, 87 Stat. 783. |
8724(b) | 40:71g(b). | |
8724(c) | 40:71g(c). |
In subsection (a), the words "Act of June 20, 1938" are substituted for "Act of March 1, 1920" to correct an error in the law.
In subsection (b), the words "properly", "at its discretion", and "or its representative" are omitted as unnecessary.
In subsection (c)(1), the words "from time to time" are omitted as unnecessary.
Section 5 of the Act of June 20, 1938, referred to in subsec. (a), is section 5 of act June 20, 1938, ch. 534, 52 Stat. 798, which is not classified to the Code.
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1224.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8725 | 40:71g(d). | June 6, 1924, ch. 270, §8(d), as added July 19, 1952, ch. 949, §1, 66 Stat. 790. |
In subsection (b), the words "to the Council" are added for clarity.
Amounts necessary to carry out this subchapter may be appropriated from money in the Treasury not otherwise appropriated and from any appropriate appropriation law, except the annual District of Columbia Appropriation Act.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1224.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8726 | 40:71i. | June 6, 1924, ch. 270, §10, as added July 19, 1952, ch. 949, §1, 66 Stat. 791. |
The words "any existing provisions of law to the contrary notwithstanding" are omitted as unnecessary.
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1224.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8731(a) | 40:72 (1st, 4th sentences). | June 6, 1924, ch. 270, §11, formerly §2, 43 Stat. 463; renumbered §11, July 19, 1952, ch. 949, §2 (1st sentence), 66 Stat. 791. |
8731(b) | 40:72 (2d, 3d sentence). | |
8731(c) | 40:73 (3d–last sentences). | June 6, 1924, ch. 270, §12 (3d–last sentences), formerly §3 (3d–last sentences), 43 Stat. 463; renumbered §12, July 19, 1952, ch. 949, §2 (1st sentence), 66 Stat. 791. |
8731(d) | 40:72 (last sentence). |
In subsection (a), the words "or a majority thereof" are omitted as unnecessary.
In subsection (b)(2), the words "section 1 of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 572)" are substituted for 40:72 (2d sentence words after "in accordance with") because provisions in section 3 of the Act of August 30, 1890 (ch. 837, 26 Stat. 412), established the act as permanent and general. The act therefore was classified to 40:120, which was superseded by the Act of March 1, 1929 (ch. 416, 45 Stat. 1415), which was classified to 40:361 et seq. That law was repealed by section 21(b) of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 627), with the subject matter of those sections being restated in section 1 of that Act.
In subsection (b)(3), the words "either by purchase or condemnation proceedings" and "as to acquisition and payment for the lands as it shall determine upon" are omitted as unnecessary.
In subsection (c)(1), the words "Director of the National Park Service" are substituted for "Chief of Engineers of the United States Army" [subsequently changed to "Director of Public Buildings and Public Parks" by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983)] because of section 1(words before 3d comma in 2d complete par. on p. 389) of the Act of March 2, 1934 (ch. 38, 48 Stat. 389).
In subsection (c)(2), the words "in Maryland or Virginia" are substituted for "outside the District of Columbia" for clarity and for consistency in this section. The words "such agreements to be subject to the approval of the President" are omitted because of 40:72 (last sentence), restated as subsection (d).
Section 1 of the Act of December 23, 1963, referred to in subsec. (b)(2), is section 1 of Pub. L. 88–241, Dec. 23, 1963, 77 Stat. 478, which enacted general and permanent laws relating to judiciary and judicial procedure in the District of Columbia, and which is not classified to the Code.
(a)
(1) fee title to land subject to limited rights, but not for business purposes, reserved to the grantor; and
(2) permanent rights in land adjoining park property sufficient to prevent the use of the land in certain specified ways which would essentially impair the value of the park property for its purposes.
(b)
(1)
(2)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1225.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8732(a) | 40:72a (1st par., last par. less provisos). | Dec. 22, 1928, ch. 48, §1, 45 Stat. 1070. |
8732(b) | 40:72a (last par. 1st–3d provisos). | |
8732(c) | 40:72a (last par. last proviso). |
In subsection (a), the text of 40:72a (1st par.) is omitted as unnecessary.
The Secretary of the Interior may lease, for not more than five years, land or an existing building or structure on land acquired for park, parkway, or playground purposes, and may renew the lease for an additional five years. A lease or renewal under this section is—
(1) subject to the approval of the National Capital Planning Commission;
(2) subject to the need for the immediate use of the land, building, or structure in other ways by the public; and
(3) on terms the Administrator decides.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1225.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8733 | 40:72b. | Dec. 22, 1928, ch. 48, §2, 45 Stat. 1070. |
The words "Administrator of General Services" are substituted for "Director of Public Buildings and Public Parks of the National Capital" [subsequently changed to "Director of the National Park Service" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and "Public Buildings Administrator" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "National Capital Planning Commission" are substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title.
(a)
(b)
(1) may pay the reasonable and necessary expenses of the sale of each parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the Treasury to the credit of the District of Columbia.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1226.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8734(a) | 40:72c. | Aug. 5, 1939, ch. 449, §§1, 2, 53 Stat. 1211. |
8734(b) | 40:72d. |
In subsection (a), the words "in his discretion", "and convey, in whole or in part", and "now or hereafter" are omitted as unnecessary.
(a)
(b)
(c)
(1) may pay the reasonable and necessary expenses of the sale of each parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the Treasury to the credit of the Government and the District of Columbia in the proportion that each—
(A) paid the appropriations used to acquire the parcels; or
(B) was obligated to pay the appropriations, at the time of acquisition, by reimbursement.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1226.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8735(a) | 40:74a. | Aug. 5, 1939, ch. 449, §§4–6, 53 Stat. 1211. |
8735(b) | 40:74b. | |
8735(c) | 40:74c. |
In subsection (a), the words "in his discretion", "and convey, in whole or in part", and "proper" are omitted as unnecessary.
In subsection (b), reference to sections 72c to 72e is omitted as unnecessary because the Secretary of the Interior does not have authority to sell land under those sections.
The Mayor of the District of Columbia may execute deeds of conveyance for real estate sold under this subchapter. The deeds shall contain a full description of the land sold as required by law.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8736 | 40:72e. | Aug. 5, 1939, ch. 449, §3, 53 Stat. 1211. |
The word "proper" is omitted as unnecessary. The words "as required by" are substituted for "either by metes and bounds, or otherwise according to" to eliminate unnecessary words.
An amount equal to not more than one cent for each inhabitant of the continental United States as determined by the last preceding decennial census may be appropriated each year in the District of Columbia Appropriation Act for the National Capital Planning Commission to use for the payment of its expenses and for the acquisition of land the Commission may acquire under section 8731 of this title for the purposes named, including compensation for the land, surveys, ascertainment of title, condemnation proceedings, and necessary conveyancing. The appropriated amounts shall be paid from the revenues of the District of Columbia and the general amounts of the Treasury in the same proportion as other expenses of the District of Columbia.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8737 | 40:73 (1st, 2d sentences). | June 6, 1924, ch. 270, §12 (1st, 2d sentences), formerly §3 (1st, 2d sentences), 43 Stat. 463; renumbered §12, July 19, 1952, ch. 949, §2 (1st sentence), 66 Stat. 791. |
1 Section catchline amended by Pub. L. 108–126 without corresponding amendment of analysis.
The purposes of this chapter are—
(1) to preserve the integrity of the comprehensive design of the L'Enfant and McMillan plans for the Nation's Capital;
(2) to ensure the continued public use and enjoyment of open space in the District of Columbia and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;
(3) to preserve, protect and maintain the limited amount of open space available to residents of, and visitors to, the Nation's Capital; and
(4) to ensure that future commemorative works in areas administered by the National Park Service and the Administrator of General Services in the District of Columbia and its environs—
(A) are appropriately designed, constructed, and located; and
(B) reflect a consensus of the lasting national significance of the subjects involved.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227; Pub. L. 108–126, title II, §203(a), Nov. 17, 2003, 117 Stat. 1349.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8901 | 40:1001. | Pub. L. 99–652, §1, Nov. 14, 1986, 100 Stat. 3650. |
2003—Par. (2). Pub. L. 108–126 substituted "Columbia and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;" for "Columbia;".
Pub. L. 108–126, title II, §205, Nov. 17, 2003, 117 Stat. 1353, provided that: "Except for the provision in the amendment made by section 202(b) [amending section 8908 of this title] prohibiting a visitor center from being located in the Reserve (as defined in section 8902 of title 40, United States Code), nothing in this title [see Short Title of 2003 Amendment note set out under section 101 of this title] shall apply to a commemorative work for which a site was approved in accordance with chapter 89 of title 40, United States Code, prior to the date of enactment of this title [Nov. 17, 2003]."
Pub. L. 108–126, title II, §202(a), Nov. 17, 2003, 117 Stat. 1349, provided that: "Congress finds that—
"(1) the great cross-axis of the Mall in the District of Columbia, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, is a substantially completed work of civic art; and
"(2) to preserve the integrity of the Mall, a reserve area should be designated within the core of the great cross-axis of the Mall where the siting of new commemorative works is prohibited."
(a)
(1)
(2)
(3)
(4)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227; Pub. L. 108–126, title II, §203(b), Nov. 17, 2003, 117 Stat. 1350.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8902(a) | 40:1002. | Pub. L. 99–652, §2, Nov. 14, 1986, 100 Stat. 3650; Pub. L. 103–321, §2(a), Aug. 26, 1994, 108 Stat. 1793. |
8902(b) | 40:1010(e). | Pub. L. 99–652, §10(e), Nov. 14, 1986, 100 Stat. 3654. |
In subsection (a), the text of 40:1002(a) and (b) is omitted as unnecessary because the complete names of the Secretary of the Interior and the Administrator of General Services are used the first time the terms appear in a section.
In subsection (a)(3), the words "notwithstanding any other provision of law" are omitted as unnecessary. The words "Administrator of General Services" are substituted for "General Services Administration" because of section 101(b) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 379), which is restated as section 302(a) of the revised title.
In subsection (b), the words "January 3, 1985" are substituted for "the commencement of the Ninety-ninth Congress" for clarity.
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (a)(4), is classified to section 501 of Title 26, Internal Revenue Code.
2003—Subsec. (a). Pub. L. 108–126 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "In this chapter, the following definitions apply:
"(1)
"(A) means any statue, monument, sculpture, memorial, plaque, inscription, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of an individual, group, event or other significant element of American history; but
"(B) does not include an item described in subclause (A) that is located within the interior of a structure or a structure which is primarily used for other purposes.
"(2)
"(A) a public agency; and
"(B) an individual, group or organization—
"(i) described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under section 501(a) of the Code (26 U.S.C. 501(a)); and
"(ii) authorized by Congress to establish a commemorative work in the District of Columbia and its environs.
"(3)
Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
(a)
(1) may be established on federal lands referred to in section 8901(4) of this title only as specifically authorized by law; and
(2) are subject to applicable provisions of this chapter.
(b)
(c)
(d)
(e)
(1) the Secretary of the Interior or the Administrator of General Services (as appropriate) has issued a construction permit for the commemorative work during that period; or
(2) the Secretary or the Administrator (as appropriate), in consultation with the National Capital Memorial Advisory Commission, has made a determination that—
(A) final design approvals have been obtained from the National Capital Planning Commission and the Commission of Fine Arts; and
(B) 75 percent of the amount estimated to be required to complete the commemorative work has been raised.
If these two conditions have been met, the Secretary or the Administrator (as appropriate) may extend the seven-year legislative authority for a period not to exceed three additional years. Upon expiration of the legislative authority, any previous site and design approvals shall also expire.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1228; Pub. L. 108–126, title II, §203(c), Nov. 17, 2003, 117 Stat. 1350; Pub. L. 111–11, title VII, §7116(e)(1), Mar. 30, 2009, 123 Stat. 1203.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8903(a) | 40:1003(a). | Pub. L. 99–652, §3, Nov. 14, 1986, 100 Stat. 3651; Pub. L. 100–202, §101(f) [title II, §3], Dec. 22, 1987, 101 Stat. 1329–196; Pub. L. 100–230, §3, Jan. 5, 1988, 101 Stat. 1564; Pub. L. 103–321, §2(b), Aug. 26, 1994, 108 Stat. 1793; Pub. L 104–186, title II, §221(18), Aug. 20, 1996, 110 Stat. 1750. |
8903(b) | 40:1003(b). | |
8903(c) | 40:1003(c). | |
8903(d) | 40:1003(d). | |
8903(e) | 40:1010(b). | Pub. L. 99–652, §10(b), Nov. 14, 1986, 100 Stat. 3654; Pub. L. 102–216, §1, Dec. 11, 1991, 105 Stat. 1666. |
In subsection (a)(1), the words "in the District of Columbia and its environs" are omitted as unnecessary.
In subsection (d), the words "House Administration" are substituted for "House Oversight" because the name of the Committee was changed in the 106th Congress. See Rule X(1)(i) of the Rules of the House of Representatives.
2009—Subsec. (d). Pub. L. 111–11, which directed insertion of "Natural" before "Resources", was executed by making the insertion before "Resources of the House", to reflect the probable intent of Congress.
2003—Subsec. (b). Pub. L. 108–126, §203(c)(1), substituted "work solely commemorating a limited military engagement" for "work commemorating a lesser conflict" and "such war or conflict" for "the event".
Subsec. (d). Pub. L. 108–126, §203(c)(2), substituted "Memorial Advisory Commission" for "Memorial Commission" in heading, and in text substituted "Resources" for "House Administration" and inserted "Advisory" before "Commission".
Subsec. (e). Pub. L. 108–126, §203(c)(3), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: "Legislative authority for a commemorative work expires at the end of the seven–year period beginning on the date the authority is enacted unless the Secretary of the Interior or Administrator of General Services, as appropriate, has issued a construction permit for the commemorative work during that period."
Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
Adams Memorial.—Pub. L. 107–62, Nov. 5, 2001, 115 Stat. 411; Pub. L. 107–315, Dec. 2, 2002, 116 Stat. 2763; Pub. L. 108–7, div. F, title I, §142, Feb. 20, 2003, 117 Stat. 244; Pub. L. 111–169, §1, May 24, 2010, 124 Stat. 1192; Pub. L. 113–291, div. B, title XXX, §3094, Dec. 19, 2014, 128 Stat. 3880. |
African-Americans Civil War Union Memorial.—Pub. L. 102–412, Oct. 14, 1992, 106 Stat. 2104. |
Air Force Memorial.—Pub. L. 103–163, Dec. 2, 1993, 107 Stat. 1973; Pub. L. 106–302, Oct. 13, 2000, 114 Stat. 1062; Pub. L. 107–107, div. B, title XXVIII, §2863(a)–(e), Dec. 28, 2001, 115 Stat. 1330–1332. |
American Armored Force Memorial.—Pub. L. 99–620, Nov. 6, 1986, 100 Stat. 3493. |
Benjamin Banneker Memorial.—Pub. L. 105–355, title V, §512, Nov. 6, 1998, 112 Stat. 3266. |
Black Revolutionary War Patriots Memorial.—Pub. L. 99–500, §101(h) [title I, §118], Oct. 18, 1986, 100 Stat. 1783–242, 1783–266, and Pub. L. 99–591, §101(h) [title I, §118], Oct. 30, 1986, 100 Stat. 3341–242, 3341–266; Pub. L. 99–558, Oct. 27, 1986, 100 Stat. 3144, repealed by Pub. L. 112–239, div. B, title XXVIII, §2860(f), Jan. 2, 2013, 126 Stat. 2165; Pub. L. 99–590, title VIII, §§801, 802, Oct. 30, 1986, 100 Stat. 3339; Pub. L. 100–265, Mar. 25, 1988, 102 Stat. 39, repealed by Pub. L. 112–239, div. B, title XXVIII, §2860(f), Jan. 2, 2013, 126 Stat. 2165; Pub. L. 103–321, §1(a)(1), Aug. 26, 1994, 108 Stat. 1793; Pub. L. 104–333, div. I, title V, §506, Nov. 12, 1996, 110 Stat. 4155; Pub. L. 105–345, §1, Nov. 2, 1998, 112 Stat. 3205; Pub. L. 106–442, Nov. 6, 2000, 114 Stat. 1926; Pub. L. 112–239, div. B, title XXVIII, §2860, Jan. 2, 2013, 126 Stat. 2164; Pub. L. 113–176, Sept. 26, 2014, 128 Stat. 1910. |
Brigadier General Francis Marion Commemorative Work.—Pub. L. 110–229, title III, §331, May 8, 2008, 122 Stat. 781; Pub. L. 114–92, div. B, title XXVIII, §2852, Nov. 25, 2015, 129 Stat. 1184. |
Disabled Veterans' LIFE Memorial.—Pub. L. 106–348, Oct. 24, 2000, 114 Stat. 1358; Pub. L. 109–396, title II, §201, Dec. 15, 2006, 120 Stat. 2713; Pub. L. 110–106, §1, Oct. 25, 2007, 121 Stat. 1022. |
Dwight D. Eisenhower Memorial.—Pub. L. 106–79, title VIII, §8162, Oct. 25, 1999, 113 Stat. 1274; Pub. L. 107–117, div. A, title VIII, §8120(a), (b), Jan. 10, 2002, 115 Stat. 2273, 2274; Pub. L. 109–220, May 5, 2006, 120 Stat. 335; Pub. L. 110–229, title III, §332, May 8, 2008, 122 Stat. 782; Pub. L. 112–74, div. E, title III, Dec. 23, 2011, 125 Stat. 1036; Pub. L. 113–6, div. F, title IV, §1413, Mar. 26, 2013, 127 Stat. 421; Pub. L. 113–76, div. G, title IV, §437(a), Jan. 17, 2014, 128 Stat. 347; Pub. L. 113–235, div. F, title IV, §423(a), Dec. 16, 2014, 128 Stat. 2449; Pub. L. 114–113, div. G, title IV, §419(a), Dec. 18, 2015, 129 Stat. 2579. |
Francis Scott Key Memorial.—Pub. L. 99–531, Oct. 27, 1986, 100 Stat. 3022. |
Frederick Douglass Memorial and Gardens.—Pub. L. 106–479, Nov. 9, 2000, 114 Stat. 2184. |
George Mason Memorial.—Pub. L. 101–358, Aug. 10, 1990, 104 Stat. 419; Pub. L. 102–277, Apr. 28, 1992, 106 Stat. 127; Pub. L. 105–182, §1, June 19, 1998, 112 Stat. 516. |
Gold Star Mothers Commemorative Work.—Pub. L. 112–239, div. B, title XXVIII, §2859, Jan. 2, 2013, 126 Stat. 2164. |
Japanese American Patriotism in World War II Memorial.—Pub. L. 102–502, Oct. 24, 1992, 106 Stat. 3273; Pub. L. 104–333, div. I, title V, §514, Nov. 12, 1996, 110 Stat. 4165. |
Korean War Veterans Memorial.—Pub. L. 99–572, Oct. 28, 1986, 100 Stat. 3226; Pub. L. 100–202, §101(f) [title II, §§1, 2], Dec. 22, 1987, 101 Stat. 1329–195, 1329–196; Pub. L. 100–230, §§1, 2, Jan. 5, 1988, 101 Stat. 1563; Pub. L. 100–267, Mar. 28, 1988, 102 Stat. 41; Pub. L. 105–262, title VIII, §8122, Oct. 17, 1998, 112 Stat. 2332. |
Korean War Veterans Memorial Wall of Remembrance.—Pub. L. 114–230, Oct. 7, 2016, 130 Stat. 947. |
Lincoln Memorial, "I Have a Dream Speech" Commemorative Plaque.—Pub. L. 106–365, Oct. 27, 2000, 114 Stat. 1409; Pub. L. 108–352, §4, Oct. 21, 2004, 118 Stat. 1395. |
Mahatma Gandhi Memorial.—Pub. L. 105–284, §1, Oct. 26, 1998, 112 Stat. 2701. |
Martin Luther King, Jr., Memorial.—Pub. L. 104–333, div. I, title V, §508, Nov. 12, 1996, 110 Stat. 4157; Pub. L. 105–201, §1, July 16, 1998, 112 Stat. 675; Pub. L. 106–176, title I, §108, Mar. 10, 2000, 114 Stat. 26; Pub. L. 108–125, §1, Nov. 11, 2003, 117 Stat. 1347; Pub. L. 109–54, title I, §134(c), Aug. 2, 2005, 119 Stat. 527; Pub. L. 110–453, title III, §301, Dec. 2, 2008, 122 Stat. 5034; Pub. L. 111–88, div. A, title I, §129, Oct. 30, 2009, 123 Stat. 2933. |
National Desert Storm and Desert Shield Memorial.—Pub. L. 113–291, div. B, title XXX, §3093, Dec. 19, 2014, 128 Stat. 3879. |
National Peace Garden.—Pub. L. 100–63, June 30, 1987, 101 Stat. 379; Pub. L. 103–321, §1(a)(3), (b), Aug. 26, 1994, 108 Stat. 1793; Pub. L. 105–202, July 16, 1998, 112 Stat. 676. |
Peace Corps Memorial.—Pub. L. 113–78, §1, Jan. 24, 2014, 128 Stat. 647. |
Thomas Paine Memorial.—Pub. L. 102–407, Oct. 13, 1992, 106 Stat. 1991; Pub. L. 102–459, Oct. 23, 1992, 106 Stat. 2268; Pub. L. 103–422, Oct. 25, 1994, 108 Stat. 4356; Pub. L. 106–113, div. B, §1000(a)(3) [title I, §142], Nov. 29, 1999, 113 Stat. 1535, 1501A–171. |
Tomas G. Masaryk Memorial.—Pub. L. 107–61, Nov. 5, 2001, 115 Stat. 410. |
Ukrainian Famine-Genocide Victims Memorial.—Pub. L. 109–340, Oct. 13, 2006, 120 Stat. 1864. |
Victims of Communism Memorial.—Pub. L. 103–199, title IX, §905, Dec. 17, 1993, 107 Stat. 2331; Pub. L. 105–277, div. A, §101(e) [title III, §326], Oct. 21, 1998, 112 Stat. 2681–231, 2681–291. |
Vietnam Women's Memorial.—Pub. L. 100–660, Nov. 15, 1988, 102 Stat. 3922; Pub. L. 101–187, Nov. 28, 1989, 103 Stat. 1350. |
Women in Military Service for America Memorial.—Pub. L. 99–500, §101(h) [title I, §117], Oct. 18, 1986, 100 Stat. 1783–242, 1783–266, and Pub. L. 99–591, §101(h) [title I, §117], Oct. 30, 1986, 100 Stat. 3341–242, 3341–266; Pub. L. 99–590, title IX, §§901, 902, Oct. 30, 1986, 100 Stat. 3339; Pub. L. 99–610, Nov. 6, 1986, 100 Stat. 3477; Pub. L. 103–321, §1(a)(2), Aug. 26, 1994, 108 Stat. 1793; Pub. L. 103–337, div. B, title XXVIII, §2855, Oct. 5, 1994, 108 Stat. 3073. |
World War II Memorial.—Pub. L. 103–32, May 25, 1993, 107 Stat. 90; Pub. L. 103–422, Oct. 25, 1994, 108 Stat. 4356; Pub. L. 106–58, title VI, §652, Sept. 29, 1999, 113 Stat. 480; Pub. L. 106–117, title VI, §601(b), Nov. 30, 1999, 113 Stat. 1578; Pub. L. 107–11, May 28, 2001, 115 Stat. 19. |
World War II Memorial Prayer Plaque.—Pub. L. 113–123, June 30, 2014, 128 Stat. 1377. |
(a)
(1) the Director of the National Park Service;
(2) the Architect of the Capitol;
(3) the Chairman of the American Battle Monuments Commission;
(4) the Chairman of the Commission of Fine Arts;
(5) the Chairman of the National Capital Planning Commission;
(6) the Mayor of the District of Columbia;
(7) the Commissioner of the Public Buildings Service of the General Services Administration; and
(8) the Secretary of Defense.
(b)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229; Pub. L. 108–126, title II, §203(d), Nov. 17, 2003, 117 Stat. 1351; Pub. L. 111–11, title VII, §7116(e)(2), Mar. 30, 2009, 123 Stat. 1203.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8904(a), (b) | 40:1004(a). | Pub. L. 99–652, §4, Nov. 14, 1986, 100 Stat. 3651. |
8904(c) | 40:1004(b) (1st sentence). | |
8904(d) | 40:1004(b) (last sentence). |
2009—Subsec. (b). Pub. L. 111–11 inserted "Advisory" before "Commission".
2003—Pub. L. 108–126, §203(d)(1), inserted "Advisory" before "Commission" in section catchline.
Subsec. (a). Pub. L. 108–126, §203(d)(2), substituted "There is established the National Capital Memorial Advisory Commission, which shall be composed of" for "There is a National Capital Memorial Commission. The membership of the Commission consists of" in introductory provisions.
Subsec. (c). Pub. L. 108–126, §203(d)(3), inserted "Advisory" before "Commission shall" and substituted "Services (as appropriate)" for "Services".
Subsec. (d). Pub. L. 108–126, §203(d)(4), inserted "Advisory" before "Commission".
Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
Advisory commissions 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 commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
(a)
(1)
(2)
(b)
(1)
(2)
(A) it does not interfere with, or encroach on, an existing commemorative work; and
(B) to the maximum extent practicable, it protects open space, existing public use, and cultural and natural resources.
(3)
(4)
(5)
(6)
(c)
(1)
(2)
(A) be displayed—
(i) inside an ancillary structure associated with the commemorative work; or
(ii) as part of a manmade landscape feature at the commemorative work; and
(B) conform to applicable National Park Service or General Services Administration guidelines for donor recognition, as applicable.
(3)
(A) be limited to an appropriate statement or credit recognizing the contribution;
(B) be displayed in a form in accordance with National Park Service and General Services Administration guidelines;
(C) be displayed for a period of up to 10 years, with the display period to be commensurate with the level of the contribution, as determined in accordance with the plan and guidelines described in subparagraph (B);
(D) be freestanding; and
(E) not be affixed to—
(i) any landscape feature at the commemorative work; or
(ii) any object in a museum collection.
(4)
(5)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229; Pub. L. 108–126, title II, §§203(e), 204, Nov. 17, 2003, 117 Stat. 1351, 1352; Pub. L. 113–291, div. B, title XXX, §3054(c), Dec. 19, 2014, 128 Stat. 3807.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8905(a) | 40:1007(a). | Pub. L. 99–652, §7, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103–321, §2(d), Aug. 26, 1994, 108 Stat. 1794. |
8905(b) | 40:1007(b). |
2014—Subsec. (b)(7). Pub. L. 113–291, §3054(c)(1), struck out par. (7). Text read as follows: "Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site."
Subsec. (c). Pub. L. 113–291, §3054(c)(2), added subsec. (c).
2003—Subsec. (a). Pub. L. 108–126, §203(e)(1)(A), substituted "sponsor" for "person" wherever appearing.
Subsec. (a)(1). Pub. L. 108–126, §203(e)(1)(B), inserted "Advisory" before "Commission" and substituted "design concepts" for "designs".
Subsec. (b). Pub. L. 108–126, §203(e)(2)(A), substituted "and the Secretary or Administrator (as appropriate)" for "Secretary, and Administrator" in introductory provisions.
Subsec. (b)(2)(B). Pub. L. 108–126, §203(e)(2)(B), substituted "open space, existing public use, and cultural and natural resources." for "open space and existing public use."
Subsec. (b)(5) to (7). Pub. L. 108–126, §204, added pars. (5) to (7).
Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
1 So in original. Probably should be section "8902(a)(2)."
(a)
(1) the site and design have been approved by the Secretary or Administrator, the National Capital Planning Commission and the Commission of Fine Arts;
(2) knowledgeable individuals qualified in the field of preservation and maintenance have been consulted to determine structural soundness and durability of the commemorative work and to ensure that the commemorative work meets high professional standards;
(3) the sponsor authorized to construct the commemorative work has submitted contract documents for construction of the commemorative work to the Secretary or Administrator; and
(4) the sponsor authorized to construct the commemorative work has available sufficient amounts to complete construction of the project.
(b)
(1) In addition to the criteria described above in subsection (a), no construction permit shall be issued unless the sponsor authorized to construct the commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work. All such amounts shall be available for those purposes pursuant to the provisions of this subsection. The provisions of this subsection shall not apply in instances when the commemorative work is constructed by a Department or agency of the Federal Government and less than 50 percent of the funding for such work is provided by private sources.
(2) Notwithstanding any other provision of law, money on deposit in the Treasury on the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 provided by a sponsor for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury.
(3) Money provided by a sponsor pursuant to the provisions of this subsection after the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 shall be credited to a separate account with the National Park Foundation.
(4) Upon request of the Secretary or Administrator (as appropriate), the Secretary of the Treasury or the National Park Foundation shall make all or a portion of such moneys available to the Secretary or the Administrator (as appropriate) for the maintenance of a commemorative work. Under no circumstances may the Secretary or Administrator request funds from a separate account exceeding the total money in the account established under paragraph (2) or (3). The Secretary and the Administrator shall maintain an inventory of funds available for such purposes. Funds provided under this paragraph shall be available without further appropriation and shall remain available until expended.
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1230; Pub. L. 108–126, title II, §203(f), Nov. 17, 2003, 117 Stat. 1351.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8906(a) | 40:1008(a). | Pub. L. 99–652, §8, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103–321, §2(e), Aug. 26, 1994, 108 Stat. 1794. |
8906(b)(1) | 40:1008(b) (words before proviso), cl. (1). | |
8906(b)(2), (3) | 40:1008(b)(2). | |
8906(b)(4) | 40:1008(b) (proviso). | |
8906(c) | 40:1008(c)(1). | |
8906(d) | 40:1008(c)(2). |
In subsection (b)(1), the words "Notwithstanding any other provision of law" are omitted as unnecessary.
In subsection (b)(2), the words "Congress authorizes and directs that" are omitted as unnecessary.
The date of enactment of the Commemorative Works Clarification and Revision Act of 2003, referred to in subsec. (b)(2), (3), is the date of enactment of Pub. L. 108–126, which was approved on Nov. 17, 2003.
2003—Subsec. (a)(3), (4). Pub. L. 108–126, §203(f)(1), substituted "sponsor" for "person".
Subsec. (b). Pub. L. 108–126, §203(f)(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows:
"(1)
"(2)
"(3)
"(4)
Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8907(a) | 40:1009(a) (1st sentence). | Pub. L. 99–652, §9, Nov. 14, 1986, 100 Stat. 3653; Pub. L. 103–321, §2(f), Aug. 26, 1994, 108 Stat. 1795. |
8907(b) | 40:1009(a) (2d, last sentences). | |
8907(c) | 40:1009(b). |
(a)
(b)
(1)
(2)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231; Pub. L. 108–126, title II, §§202(b), 203(g), Nov. 17, 2003, 117 Stat. 1349, 1352; Pub. L. 111–11, title VII, §7116(e)(3), Mar. 30, 2009, 123 Stat. 1203.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8908(a) | 40:1005. | Pub. L. 99–652, §5, Nov. 14, 1986, 100 Stat. 3651. |
8908(b) | 40:1006. | Pub. L. 99–652, §6, Nov. 14, 1986, 100 Stat. 3651; Pub. L. 103–321, §2(c), Aug. 26, 1994, 108 Stat. 1794. |
In subsection (b)(1), the words "the Committee on House Administration of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate" are substituted for "the committees of Congress specified in section 1003(b) [sic] of this title" for clarity. The reference to section 1003(b) should be to section 1003(d).
The date of enactment of the Commemorative Works Clarification and Revision Act of 2003, referred to in subsec. (c), is the date of enactment of Pub. L. 108–126, which was approved Nov. 17, 2003.
2009—Subsec. (b)(1). Pub. L. 111–11 inserted "Advisory" before "Commission" in first sentence and substituted "Natural Resources of the House" for "House Administration of the House" in second sentence.
2003—Subsec. (a). Pub. L. 108–126, §203(g)(2), which directed substitution of "entitled 'Commemorative Areas Washington, DC and Environs', numbered 869/86501 B, and dated June 24, 2003" for "numbered 869/86581, and dated May 1, 1986", was executed by making the substitution for "numbered 869/86501, and dated May 1, 1986" to reflect the probable intent of Congress.
Pub. L. 108–126, §203(g)(1), substituted "Secretary of the Interior or the Administrator of General Services (as appropriate)" for "Secretary of the Interior and Administrator of General Services".
Subsec. (c). Pub. L. 108–126, §202(b), added subsec. (c).
Amendments by Pub. L. 108–126, except for the provision in the amendment made by section 202(b) prohibiting a visitor center from being located in the Reserve (as defined in section 8902 of this title), are not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8909(a) | 40:1010(a). | Pub. L. 99–652, §10(a), (c), Nov. 14, 1986, 100 Stat. 3654. |
8909(b) | 40:1010(c). | |
8909(c) | 40:1010(d). | Pub. L. 99–652, §10(d), Nov. 14, 1986, 100 Stat. 3654; Pub. L. 103–321, §2(g), Aug. 26, 1994, 108 Stat. 1795. |
(a)
(b)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9101(a), (b) | 40:104 (1st sentence). | May 17, 1910, ch. 243, §1 (1st, 2d sentences, last sentence words after comma), 36 Stat. 371. |
9101(c) | 40:104 (2d sentence). | |
9101(d) | 40:104 (last sentence words after comma). |
In subsection (a), the word "permanent" is omitted as obsolete.
In subsection (d), the words "the District of Columbia" are substituted for "Washington" for consistency in the revised title and with other titles of the United States Code.
(a)
(1) the location of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia;
(2) the selection of models for statues, fountains, and monuments erected under the authority of the Federal Government;
(3) the selection of artists to carry out clause (2); and
(4) questions of art generally when required to do so by the President or a committee of Congress.
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9102(a) | 40:104 (3d, 6th sentences). | May 17, 1910, ch. 243, §1 (3d–6th sentences), 36 Stat. 371. |
9102(b) | 40:104 (4th sentence). | |
9102(c) | 40:104 (5th sentence). |
In subsection (b), the words "in each case" are omitted as unnecessary. The words "request the Commission to provide" are substituted for "call for" for clarity.
In subsection (c), the words "buildings of the Library of Congress" are substituted for "building of the Library of Congress" for clarity because the Library of Congress comprises more than one building.
The Commission of Fine Arts has a secretary and other assistance the Commission authorizes. The secretary is the executive officer of the Commission.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9103 | 40:104 (last sentence words before comma). | May 17, 1910, ch. 243, §1 (last sentence words before comma), 36 Stat. 371. |
40:105. | June 25, 1910, ch. 384 1 [sic] (8th complete par. on p. 728 (less appropriations)), 36 Stat. 728. |
The text of 40:105 (related to officer in charge of public buildings and grounds) is omitted as obsolete.
Necessary amounts may be appropriated to carry out this chapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9104 | 40:106. | 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. |
The Director of the National Park Service shall maintain and administer Theodore Roosevelt Island as a natural park for the recreation and enjoyment of the public.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9301 | 40:124 (words before proviso). | May 21, 1932, ch. 200, §1 (words before proviso), 47 Stat. 163; Feb. 11, 1933, ch. 48, §1, 47 Stat. 799. |
In this chapter, the words "Director of the National Park Service" are substituted for "Director of Public Buildings and Public Parks of the National Capital" and "director" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of June 10, 1934 (ch. 38, 48 Stat. 389).
In this section, the text of section 1 (words before 1st semicolon) of the Act of May 21, 1932 (ch. 200, 47 Stat. 163) is omitted as executed.
Act Feb. 11, 1933, ch. 48, §2, 47 Stat. 799, provided that: "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'."
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233; Pub. L. 109–284, §6(30), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9302 | 40:124 (proviso). | May 21, 1932, ch. 200, §1 (proviso), 47 Stat. 163. |
The words "Theodore Roosevelt Association" are substituted for "Roosevelt Memorial Association" because of section 2 of the Act of May 21, 1953 (ch. 63, 36:210101 note).
2006—Subsec. (b). Pub. L. 109–284 substituted "With" for "with" in heading.
Subject to the approval of the National Capital Planning Commission and the availability of appropriations, the Director of the National Park Service may provide suitable means of access to and on Theodore Roosevelt Island.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9303 | 40:125 (words before semicolon). | May 21, 1932, ch. 200, §2 (words before semicolon), 47 Stat. 164; Feb. 11, 1933, ch. 48, §1, 47 Stat. 799. |
The words "National Capital Planning Commission" are substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title. The words "from time to time" are omitted as unnecessary.
The appropriations needed for construction of suitable means of access to and on Theodore Roosevelt Island and annually for the care, maintenance, and improvement of the land and improvements may be made from amounts not otherwise appropriated from the Treasury.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9304 | 40:125 (words after semicolon). | May 21, 1932, ch. 200, §2 (words after semicolon), 47 Stat. 164. |
(a)
(1)
(A) the Washington Aqueduct, together with all rights, appurtenances, and fixtures connected with the Aqueduct and belonging to the Federal Government; and
(B) 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.
(2)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9501(a)(1) | 40:45. | R.S. §1800. |
9501(a)(2) | 40:48. | R.S. §1801. |
9501(b) | 40:46. | R.S. §1807. |
9501(c) | 40:47. | R.S. §1808. |
In subsection (a)(2), the words "pursuant to law" are omitted as unnecessary. The words "Secretary of the Army" are substituted for "Department of War" [subsequently changed to "Department of the Army" because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).
In subsection (b), the word "additional" is substituted for "other than his regular pay as an officer of the Corps of Engineers" to eliminate unnecessary words. The words "of him" are omitted as unnecessary. The words "this chapter" are substituted for "title 21 of the Revised Statutes" because the only provisions of title 21 related to the Chief of Engineers that have not been repealed are contained in the revised chapter.
In subsection (c), the words "an office" are substituted for "official apartments" for clarity. The words "District of Columbia" are substituted for "city of Washington" for consistency in the revised title and with other titles of the United States Code. The words "Administrator of General Services" are substituted for "President" [subsequently changed to "Public Buildings Commission" because of section 10 of the Act of March 1, 1919 (ch. 86, 40 Stat. 1269), "National Park Service" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and "Public Buildings Administrator in the Federal Works Agency" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
(a)
(b)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9502(a), (b)(1), (2) | 40:51. | R.S. §1810. |
9502(b)(3) | 40:52. | R.S. §1811. |
In subsection (b)(3), the words "Secretary of the Army" are substituted for "Department of War" [subsequently changed to "Department of the Army" because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).
The Chief of Engineers shall keep in the office a complete record of all land and other property connected with or belonging to the Washington Aqueduct and other public works under the charge of the Chief of Engineers, together with accurate plans and surveys of the public grounds and reservations in the District of Columbia.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9503 | 40:49. | R.S. §1809. |
As superintendent of the Washington Aqueduct, the Chief of Engineers annually shall 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 charge of the Chief of Engineers.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9504 | 40:50. | R.S. §1812; Pub. L. 96–470, title II, §202(a), Oct. 19, 1980, 94 Stat. 2242. |
The provisions of section 1812 of the Revised Statues [sic] which authorized the Chief of Engineers, as Superintendent of Public Buildings and Grounds, to report to the Secretary of War 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, are omitted because the Office of Public Buildings and Grounds under the Chief of Engineers was abolished and the functions of the Chief of Engineers and the Secretary of War with respect to the Superintendent of Public Buildings and Grounds were transferred to the Director of Public Buildings and Public Parks of the National Capital by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983). Those functions subsequently were transferred to the National Park Service by section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), the Public Buildings Administrator in the Federal Works Agency by sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427), and the Administrator of General Services by section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "Secretary of the Army" are substituted for "Department of War" [subsequently changed to "Department of the Army" because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9505 | 40:55. | R.S. §1805. |
In subsection (b), the words "its inhabitants" are substituted for "inhabitants of Washington and Georgetown" in section 1805 of the Revised Statutes because of the Act of February 11, 1895 (ch. 79, 28 Stat. 650).
A person that, without the consent of the Chief of Engineers, taps or opens the mains or pipes laid by the Federal Government is liable to the Government for a civil penalty of at least $50 and not more than $500.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9506 | 40:56. | R.S. §1803. |
The words "in charge of public buildings and works" in section 1803 of the Revised Statutes are omitted because the Office of Public Buildings and Grounds under the Chief of Engineers was abolished and the functions of the Chief of Engineers with respect to public buildings and works were transferred to the Director of Public Buildings and Public Parks of the National Capital by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983). Those functions subsequently were transferred to the National Park Service by section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), the Public Buildings Administrator in the Federal Works Agency by sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427), and the Administrator of General Services by section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "or hereafter to be laid" are omitted as unnecessary. The words "is liable to the government for a civil penalty" are substituted for "under a penalty" for consistency in the revised title and with other titles of the United States Code.
Unless expressly provided for by law, the Secretary of the Army shall direct the expenditure of amounts appropriated for the Washington Aqueduct and for other public works in the District of Columbia.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1235.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
9507 | 40:54. | R.S. §1802. |
The words "Secretary of the Army" are substituted for "Department of War" [subsequently changed to "Department of the Army" because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).