I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 03:53:25. Database: USCODE Search: (40:CITE) ------DocID 43790 Document 1 of 816------ -CITE- 40 USC TITLE 40 -EXPCITE- TITLE 40 -HEAD- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS -MISC1- Chap. Sec. 1. Public Buildings, Grounds, Parks, and Wharves in District of Columbia 1 2. Capitol Building and Grounds 161 2A. National Archives (Transferred or Repealed) 231 3. Public Buildings and Works Generally 251 4. The Public Property 301 5. Hours of Labor and Safety on Public Works 321 6. Acquisition of Sites for and Construction of Public Buildings 341 7. Acquisition of Land in District of Columbia for Use of United States by Condemnation Proceedings (Repealed) 361 8. Emergency Public Works and Construction Projects 401 9. Non-Federal Public Works 451 10. Management and Disposal of Government Property 471 11. Real Property Transactions by Military Departments (Repealed) 551 12. Construction, Alteration, and Acquisition of Public Buildings 601 13. National Capital Transportation Program (Repealed or Omitted) 651 14. Safety Standards for Motor Vehicles 701 15. Government Losses in Shipment 721 16. General Services Administration 751 17. Alaska Communications Disposal 771 17A. Alaska Federal-Civilian Energy Efficiency Swap 795 18. National Visitor Center Facilities; Union Station Redevelopment; Capitol Guide Service 801 19. Capitol and White House-Pennsylvania Avenue Development 871 20. Federal Motor Vehicle Expenditure Control 901 21. National Capital Memorials and Commemorative Works 1001 22. Federal Triangle Development 1101 23. Judiciary Office Building Development 1201 ------DocID 43838 Document 2 of 816------ -CITE- 40 USC Sec. 38 to 40 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 38 to 40. Omitted -COD- CODIFICATION Section 38, act Mar. 4, 1913, ch. 142, 37 Stat. 771, related to temporary rental of a building for Navy Department. Section 39, act May 10, 1916, ch. 117, 39 Stat. 109, related to temporary rental of a building for Department of Justice. Section 40, act May 10, 1916, ch. 117, 39 Stat. 118, related to temporary rental of a building for Department of Labor. ------DocID 10272 Document 3 of 816------ -CITE- 7 USC CHAPTER 40 -EXPCITE- TITLE 7 CHAPTER 40 -HEAD- CHAPTER 40 - HALOGETON GLOMERATUS CONTROL -MISC1- Sec. 1651. Government policy for control of Halogeton glomeratus. 1652. Authority of Secretaries of Agriculture and Interior; surveys; control measures; consent of other departments. 1653. Expenditure of funds; discretion of Secretaries; utilization of available services. 1654. Contributions by States. 1655. Authorization of appropriations; use. 1656. Extent of authority. ------DocID 12088 Document 4 of 816------ -CITE- 10 USC CHAPTER 40 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 40 -HEAD- CHAPTER 40 - LEAVE -MISC1- Sec. 701. Entitlement and accumulation. 702. Cadets and midshipmen. 703. Reenlistment leave. 704. Use of leave; regulations. 705. Rest and recuperative absence for qualified enlisted members extending duty at designated locations overseas. 706. Administration of leave required to be taken pending review of certain court-martial convictions. 707. Payment upon disapproval of certain court-martial sentences for excess leave required to be taken. 708. Educational leave of absence. AMENDMENTS 1984 - Pub. L. 98-525, title VII, Sec. 707(a)(2), Oct. 19, 1984, 98 Stat. 2572, added item 708. 1981 - Pub. L. 97-81, Sec. 2(b)(2), Nov. 20, 1981, 95 Stat. 1087, added items 706 and 707. 1980 - Pub. L. 96-579, Sec. 5(b)(2), Dec. 23, 1980, 94 Stat. 3367, added item 705. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 33 section 857a. ------DocID 14631 Document 5 of 816------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 40 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS HEARINGS -HEAD- Rule 40. Hearings -STATUTE- (a) Motions, petitions for grant of review, petitions for extraordinary relief, writ appeal petitions, petitions for new trial, and petitions for reconsideration. Except when ordered by the Court, hearings will not be permitted on motions, petitions for grant of review, petitions for extraordinary relief, writ appeal petitions, petitions for new trial, or petitions for reconsideration. (b) When and how heard. After the case is calendared as provided in Rule 11 and all required briefs have been filed, a hearing may be ordered by the Court. (1) Notice of hearing. The Clerk will give at least 20 days notice in writing to counsel for the parties of the time and place for the hearing, unless ordered otherwise by the Court. Upon receipt of such notice, counsel will notify the Clerk's office of the identity of the counsel who will present oral argument. (2) Presentation. Unless directed otherwise by the Clerk, counsel for the appellant or petitioner will open and close the argument. When the subject of a hearing is a motion, counsel for the moving party will be entitled to open and close. When both parties seek review in this Court, the accused shall be deemed the appellant for the purpose of this rule. Argument by counsel for an amicus curiae will be allowed on motion filed under Rule 30. (3) Time allowed. Each side will normally be allotted 30 minutes to present oral argument. ------DocID 15208 Document 6 of 816------ -CITE- 12 USC Sec. 40 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 40. Virgin Islands; extension of National Bank Act -STATUTE- The National Bank Act, as amended (12 U.S.C. 21 et seq.), and all other Acts of Congress relating to national banks, shall, insofar as not locally inapplicable after July 19, 1932, apply to the Virgin Islands of the United States. -SOURCE- (July 19, 1932, ch. 508, 47 Stat. 703.) -REFTEXT- REFERENCES IN TEXT The National Bank Act, referred to in text, is act June 3, 1864, ch. 106, 13 Stat. 99, as amended, which is classified principally to chapter 2 (Sec. 21 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 38 of this title. ------DocID 16893 Document 7 of 816------ -CITE- 12 USC CHAPTER 40 -EXPCITE- TITLE 12 CHAPTER 40 -HEAD- CHAPTER 40 - INTERNATIONAL LENDING SUPERVISION -MISC1- Sec. 3901. Congressional declaration of policy. 3902. Definitions. 3903. Strengthened supervision of international lending. 3904. Reserves. (a) Establishment and maintenance of special reserves. (b) Accommodation of potential losses on foreign loans by United States banks. (c) Regulations and orders of Federal banking agencies. 3904a. Additional reserve requirements. (a) In general. (b) Determination of institutional exposure to risk. (c) Timing and report. (d) 'Highly indebted country' defined. 3905. Accounting for fees on international loans. 3906. Collection and disclosure of international lending data. (a) Submission of information to Federal banking agencies. (b) Disclosure of information to the public. (c) Regulations and orders of Federal banking agencies. 3907. Capital adequacy. 3908. Foreign loan evaluations. (a) Projects requiring an economic feasibility evaluation; content of evaluation. (b) Review of evaluation by Federal banking agencies. (c) Other statutory authorities applicable. 3909. General authorities. (a) Rules and regulations. (b) Systems uniformity. (c) Existing authorities. (d) Civil penalties; assessment and collection. 3910. Audit authority of General Accounting Office. (a) Scope of audit. (b) Limits on disclosure. (c) Records, property, workpapers, correspondence, and documents; accessability. 3911. Equal representation for Federal Deposit Insurance Corporation. 3912. Reports. ------DocID 17782 Document 8 of 816------ -CITE- 15 USC Sec. 80a-40 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-40. Hearings by Commission -STATUTE- Hearings may be public and may be held before the Commission, any member or members thereof, or any officer or officers of the Commission designated by it, and appropriate records thereof shall be kept. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 41, 54 Stat. 842.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Hearings by Commission under - Investment Advisers Act of 1940, see section 80b-12 of this title. Public Utility Holding Company Act of 1935, see section 79s of this title. Securities Act of 1933, see section 77u of this title. Securities Exchange Act of 1934, see section 78v of this title. Trust Indenture Act of 1939, see section 77ttt of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18601 Document 9 of 816------ -CITE- 15 USC CHAPTER 40 -EXPCITE- TITLE 15 CHAPTER 40 -HEAD- CHAPTER 40 - DEPARTMENT OF COMMERCE -MISC1- Sec. 1501. Establishment of Department; Secretary; seal. 1502, 1503. Omitted. 1503a. Under Secretary of Commerce for Economic Affairs. 1503b. Under Secretary of Commerce for Oceans and Atmosphere; duties; appointment; compensation. 1504. Repealed. 1505. Additional Assistant Secretary; duties, rank of Assistant Secretaries. 1506. Additional Assistant Secretary; appointment; applicability of section 1505. 1507. Additional Assistant Secretary; appointment; compensation; duties. 1507a. Repealed. 1507b. Assistant Secretary of Commerce; appointment; compensation; duties. 1507c. Assistant Secretary of Commerce for Oceans and Atmosphere; duties; appointment; compensation. 1508. General Counsel. 1509. Designation of officer to sign routine papers. 1510. Clerical assistants. 1511. Bureaus in Department. 1511a. Repealed. 1511b. United States fishery trade officers. (a) Appointment. (b) Assignment. (c) Functions of fishery trade officers. (d) Administration. 1511c. Estuarine Programs Office. (a) Establishment. (b) Functions. (c) Authorization. 1512. Powers and duties of Department. 1513. Duties and powers vested in Department. 1514. Basic authority for performance of certain functions and activities of Department. 1515. Records, etc., of bureaus transferred to Department of Commerce. 1516. Statistical information. 1516a. Statistics relating to social, health, and economic conditions of Americans of Spanish origin or descent. 1517. Transfer of statistical or scientific work. 1518. Custody of buildings; officers transferred. 1519. Annual and special reports. 1519a, 1520. Repealed. 1521. Working capital fund; establishment; amount; uses; reimbursement. 1522. Acceptance of gifts and bequests for purposes of the Department; separate fund; disbursements. 1523. Tax status of gifts and bequests of property. 1524. Investment and reinvestments of moneys; credit and disbursement of interest. 1525. Special studies; special compilations, lists, bulletins, or reports; clearinghouse for technical information; transcripts or copies; cost payments for special work; joint projects: cost apportionment, waiver. 1526. Receipts for work or services; deposit in special accounts; availability for payment of costs, repayment or advances to appropriations or funds, refunds, credits to working capital funds; appropriation limitation of annual expenditures from accounts. 1527. Fees or charges for services or publications under existing law unaffected. 1528. Transferred. 1529. Relinquishment of legislative jurisdiction over certain lands. 1530. Awarding of contracts for performance of commercial activity by National Oceanic and Atmospheric Administration. 1531. Buying Power Maintenance accounts for International Trade Administration, Export Administration, and United States Travel and Tourism Administration. 1532. Telecommunications; electromagnetic radiation; research, analysis, dissemination of information; other functions of Secretary. 1533. Commerce, Science, and Technology Fellowship Program. 1534. Assessment of fees for access to environmental data. (a) Basis of assessment. (b) Eligible recipients; waiver of fees in cases of foreign governments and international organizations. (c) Publication of fee schedules in Federal Register; initial schedule effective for three-year period. (d) Effective date of assessments; progressive increments. (e) Data archive center operations; availability of fees for expenses of centers. (f) Report to Congressional committees. (g) Other assessment authorities unaffected. 1535. Office of Space Commerce; report of activities. ------DocID 19666 Document 10 of 816------ -CITE- 16 USC Sec. 40 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 40. Additions to park; entry under other acts -STATUTE- The President of the United States is authorized, in his discretion, to add by Executive proclamation to Yellowstone National Park any or all of the lands within a certain territory or tract in township 9 south, ranges 7 and 8 east, Montana principal meridian, to wit: Beginning at a point on the north line of said Yellowstone National Park where said line crosses the divide between Reese Creek and Mol Heron Creek, thence northeasterly along said divide to the junction of said divide with the branch divide north and west of Reese Creek; thence along said branch divide in a northeasterly and easterly direction around the drainage of Reese Creek, to the Yellowstone River; thence southerly and southeasterly along the west bank of the Yellowstone River to the line marking the western limits of the town of Gardiner, Montana; thence south on said town limits line to the northern boundary of Yellowstone National Park; thence west along the north boundary of Yellowstone National Park to the point of beginning, which are unappropriated lands of the United States or which may be acquired by the United States under the provisions of sections 37 to 40 of this title, within the territory described in this section, subject, however, to all valid existing claims and to reservations such as are authorized by section 39 of this title; but, with the exception of valid existing claims, no land so added to Yellowstone National Park shall be subject to entry under the mining laws of the United States: Provided, That the Secretary of the Interior for such lands as are added to Yellowstone National Park may provide by rules and regulations for the management and use of the added lands as may in his discretion be necessary to accomplish the purposes of sections 37 to 40 of this title: And provided further, That the lands of the United States acquired by donation or purchase within the area described in section 37 of this title shall not be subject to location and entry under the mining laws of the United States nor the Act of June 11, 1906, authorizing homestead entries in national forests. -SOURCE- (May 26, 1926, ch. 399, Sec. 6, 44 Stat. 656.) -REFTEXT- REFERENCES IN TEXT The mining laws of the United States, referred to in text, are classified generally to Title 30, Mineral Lands and Mining. Act of June 11, 1906, referred to in text, means act June 11, 1906, ch. 3074, 34 Stat. 233, which was classified to sections 506 to 508 and 509 of this title, and was repealed by Pub. L. 87-869, Sec. 4, Oct. 23, 1962, 76 Stat. 1157. -CROSS- CROSS REFERENCES Change of boundaries of park, see section 21a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 37, 39 of this title. ------DocID 23134 Document 11 of 816------ -CITE- 16 USC CHAPTER 40 -EXPCITE- TITLE 16 CHAPTER 40 -HEAD- CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION -MISC1- Sec. 2001. Congressional findings. 2002. Definitions. 2003. Congressional policy and declaration of purpose. (a) Responsiveness to long-term needs. (b) Full utilization of cooperative arrangements with State agencies. (c) Attainment of policies and purposes. 2004. Continuing appraisal of soil, water, and related resources. (a) Data. (b) Collection of data. (c) Public participation. (d) Completion dates. 2005. Soil and water conservation program. (a) Program development. (b) Completion dates. 2005a. Technical assistance for water resources. (a) Authority of Secretary of Agriculture. (b) Report to Congress. 2006. Reports to Congress. (a) Appraisal, program, and detailed statement of policy when Congress convenes. (b) Annual report accompanying budget covering program effectiveness. 2007. Authorization of appropriations. 2008. Utilization of available information and data. 2009. Termination of program. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 582a, 3432 of this title. ------DocID 24073 Document 12 of 816------ -CITE- 18 USC CHAPTER 40 -EXPCITE- TITLE 18 PART I CHAPTER 40 -HEAD- CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF EXPLOSIVE MATERIALS -MISC1- Sec. 841. Definitions. 842. Unlawful acts. 843. Licenses and user permits. 844. Penalties. 845. Exceptions; relief from disabilities. 846. Additional powers of the Secretary. 847. Rules and regulations. 848. Effect on State law. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3520, Nov. 29, 1990, 104 Stat. 4923, substituted 'Licenses' for 'Licensing' in item 843. 1970 - Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 952, added chapter 40 and items 841 to 848. ------DocID 25130 Document 13 of 816------ -CITE- 18 USC Rule 40 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS IX -HEAD- Rule 40. Commitment to Another District -STATUTE- (a) Appearance Before Federal Magistrate. If a person is arrested in a district other than that in which the offense is alleged to have been committed, that person shall be taken without unnecessary delay before the nearest available federal magistrate. Preliminary proceedings concerning the defendant shall be conducted in accordance with Rules 5 and 5.1, except that if no preliminary examination is held because an indictment has been returned or an information filed or because the defendant elects to have the preliminary examination conducted in the district in which the prosecution is pending, the person shall be held to answer upon a finding that such person is the person named in the indictment, information or warrant. If held to answer, the defendant shall be held to answer in the district court in which the prosecution is pending, provided that a warrant is issued in that district if the arrest was made without a warrant, upon production of the warrant or a certified copy thereof. (b) Statement by Federal Magistrate. In addition to the statements required by Rule 5, the federal magistrate shall inform the defendant of the provisions of Rule 20. (c) Papers. If a defendant is held or discharged, the papers in the proceeding and any bail taken shall be transmitted to the clerk of the district court in which the prosecution is pending. (d) Arrest of Probationer or Supervised Releasee. If a person is arrested for a violation of probation or supervised release in a district other than the district having jurisdiction, such person shall be taken without unnecessary delay before the nearest available federal magistrate. The federal magistrate shall: (1) Proceed under Rule 32.1 if jurisdiction over the person is transferred to that district; (2) Hold a prompt preliminary hearing if the alleged violation occurred in that district, and either (i) hold the person to answer in the district court of the district having jurisdiction or (ii) dismiss the proceedings and so notify that court; or (3) Otherwise order the person held to answer in the district court of the district having jurisdiction upon production of certified copies of the judgment, the warrant, and the application for the warrant, and upon a finding that the person before the magistrate is the person named in the warrant. (e) Arrest for Failure To Appear. If a person is arrested on a warrant in a district other than that in which the warrant was issued, and the warrant was issued because of the failure of the person named therein to appear as required pursuant to a subpoena or the terms of that person's release, the person arrested shall be taken without unnecessary delay before the nearest available federal magistrate. Upon production of the warrant or a certified copy thereof and upon a finding that the person before the magistrate is the person named in the warrant, the federal magistrate shall hold the person to answer in the district in which the warrant was issued. (f) Release or Detention. If a person was previously detained or conditionally released, pursuant to chapter 207 of title 18, United States Code, in another district where a warrant, information, or indictment issued, the federal magistrate shall take into account the decision previously made and the reasons set forth therefor, if any, but will not be bound by that decision. If the federal magistrate amends the release or detention decision or alters the conditions of release, the magistrate shall set forth the reasons therefore (FOOTNOTE 1) in writing. (FOOTNOTE 1) So in original. Probably should be 'therefor'. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 30, 1979, eff. Aug. 1, 1979; July 31, 1979, Pub. L. 96-42, Sec. 1(2), 93 Stat. 326; Apr. 28, 1982, eff. Aug. 1, 1982; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 209(c), 215(d), 98 Stat. 1986, 2016; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 25, 1989, eff. Dec. 1, 1989.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES 1. This rule modifies and revamps existing procedure. The present practice has developed as a result of a series of judicial decisions, the only statute dealing with the subject being exceedingly general, 18 U.S.C. 591 (now 3041) (Arrest and removal for trial): For any crime or offense against the United States, the offender may, by any justice or judge of the United States, or by any United States commissioner, or by any chancellor, judge of a supreme or superior court, chief or first judge of common pleas, mayor of a city, justice of the peace, or other magistrate, of any State where he may be found, and agreeably to the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. * * * Where any offender or witness is committed in any district other than that where the offense is to be tried, it shall be the duty of the judge of the district where such offender or witness is imprisoned, seasonably to issue, and of the marshal to execute, a warrant for his removal to the district where the trial is to be had. The scope of a removal hearing, the issues to be considered, and other similar matters are governed by judicial decisions, Beavers v. Henkel, 194 U.S. 73; Tinsley v. Treat, 205 U.S. 20; Henry v. Henkel, 235 U.S. 219; Rodman v. Pothier, 264 U.S. 399; Morse v. United States, 267 U.S. 80; Fetters v. United States ex rel. Cunningham, 283 U.S. 638; United States ex rel. Kassin v. Mulligan, 295 U.S. 396; see, also, 9 Edmunds, Cyclopedia of Federal Procedure 39053, et seq. 2. The purpose of removal proceedings is to accord safeguards to a defendant against an improvident removal to a distant point for trial. On the other hand, experience has shown that removal proceedings have at times been used by defendants for dilatory purposes and in attempting to frustrate prosecution by preventing or postponing transportation even as between adjoining districts and between places a few miles apart. The object of the rule is adequately to meet each of these two situations. 3. For the purposes of removal, all cases in which the accused is apprehended in a district other than that in which the prosecution is pending have been divided into two groups: first, those in which the place of arrest is either in another district of the same State, or if in another State, then less than 100 miles from the place where the prosecution is pending; and second, cases in which the arrest occurs in a State other than that in which the prosecution is pending and the place of arrest is 100 miles or more distant from the latter place. In the first group of cases, removal proceedings are abolished. The defendant's right to the usual preliminary hearing is, of course, preserved, but the committing magistrate, if he holds defendant would bind him over to the district court in which the prosecution is pending. As ordinarily there are no removal proceedings in State prosecutions as between different parts of the same State, but the accused is transported by virtue of the process under which he was arrested, it seems reasonable that no removal proceedings should be required in the Federal courts as between districts in the same State. The provision as to arrest in another State but at a place less than 100 miles from the place where the prosecution is pending was added in order to preclude obstruction against bringing the defendant a short distance for trial. In the second group of cases mentioned in the first paragraph, removal proceedings are continued. The practice to be followed in removal hearings will depend on whether the demand for removal is based upon an indictment or upon an information or complaint. In the latter case, proof of identity and proof of reasonable cause to believe the defendant guilty will have to be adduced in order to justify the issuance of a warrant of removal. In the former case, proof of identity coupled with a certified copy of the indictment will be sufficient, as the indictment will be conclusive proof of probable cause. The distinction is based on the fact that in case of an indictment, the grand jury, which is an arm of the court, has already found probable cause. Since the action of the grand jury is not subject to review by a district judge in the district in which the grand jury sits, it seems illogical to permit such review collaterally in a removal proceeding by a judge in another district. 4. For discussions of this rule see, Homer Cummings, 29 A.B.A.Jour. 654, 656; Holtzoff, 3 F.R.D. 445, 450-452; Holtzoff, 12 George Washington L.R. 119, 127-130; Holtzoff, The Federal Bar Journal, October 1944, 18-37; Berge, 42 Mich.L.R. 353, 374; Medalie, 4 Lawyers Guild R. (3)1, 4. Note to Subdivision (b). The rule provides that all removal hearings shall take place before a United States commissioner or a Federal judge. It does not confer such jurisdiction on State or local magistrates. While theoretically under existing law State and local magistrates have authority to conduct removal hearings, nevertheless as a matter of universal practice, such proceedings are always conducted before a United States commissioner or a Federal judge, 9 Edmunds, Cyclopedia of Federal Procedure 3919. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The amendment conforms to the change made in the corresponding procedure in Rule 5(b). NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Subdivision (a) is amended to make clear that the person shall be taken before the federal magistrate 'without unnecessary delay.' Although the former rule was silent in this regard, it probably would have been interpreted to require prompt appearance, and there is therefore advantage in making this explicit in the rule itself. See C. Wright, Federal Practice and Procedure: Criminal Sec. 652 (1969, Supp. 1971). Subdivision (a) is amended to also make clear that the person is to be brought before a 'federal magistrate' rather than a state or local magistrate authorized by 18 U.S.C. Sec. 3041. The former rules were inconsistent in this regard. Although rule 40(a) provided that the person may be brought before a state or local officer authorized by former rule 5(a), such state or local officer lacks authority to conduct a preliminary examination under rule 5(c), and a principal purpose of the appearance is to hold a preliminary examination where no prior indictment or information has issued. The Federal Magistrates Act should make it possible to bring a person before a federal magistrate. See C. Wright, Federal Practice and Procedure: Criminal Sec. 653, especially n.35 (1969, Supp. 1971). Subdivision (b)(2) is amended to provide that the federal magistrate should inform the defendant of the fact that he may avail himself of the provisions of rule 20 if applicable in the particular case. However, the failure to so notify the defendant should not invalidate the removal procedure. Although the old rule is silent in this respect, it is current practice to so notify the defendant, and it seems desirable, therefore, to make this explicit in the rule itself. The requirement that an order of removal under subdivision (b)(3) can be made only by a judge of the United States and cannot be made by a United States magistrate is retained. However, subdivision (b)(5) authorizes issuance of the warrant of removal by a United States magistrate if he is authorized to do so by a rule of district court adopted in accordance with 28 U.S.C. Sec. 636(b): Any district court * * * by the concurrence of a majority of all the judges * * * may establish rules pursuant to which any full-time United States magistrate * * * may be assigned * * * such additional duties as are not inconsistent with the Constitution and laws of the United States. Although former rule 40(b)(3) required that the warrant of removal be issued by a judge of the United States, there appears no constitutional or statutory prohibition against conferring this authority upon a United States magistrate in accordance with 28 U.S.C. Sec. 636(b). The background history is dealt with in detail in 8A J. Moore, Federal Practice 40.01 and 40.02 (2d ed. Cipes 1970, Supp. 1971). Subdivision (b)(4) makes explicit reference to provisions of the Bail Reform Act of 1966 by incorporating a cross-reference to 18 U.S.C. Sec. 3146 and Sec. 3148. NOTES OF ADVISORY COMMITTEE ON RULES - 1979 AMENDMENT This substantial revision of rule 40 abolishes the present distinction between arrest in a nearby district and arrest in a distant district, clarifies the authority of the magistrate with respect to the setting of bail where bail had previously been fixed in the other district, adds a provision dealing with arrest of a probationer in a district other than the district of supervision, and adds a provision dealing with arrest of a defendant or witness for failure to appear in another district. Note to Subdivision (a). Under subdivision (a) of the present rule, if a person is arrested in a nearby district (another district in the same state, or a place less than 100 miles away), the usual rule 5 and 5.1 preliminary proceedings are conducted. But under subdivision (b) of the present rule, if a person is arrested in a distant district, then a hearing leading to a warrant of removal is held. New subdivision (a) would make no distinction between these two situations and would provide for rule 5 and 5.1 proceedings in all instances in which the arrest occurs outside the district where the warrant issues or where the offense is alleged to have been committed. This abolition of the distinction between arrest in a nearby district and arrest in a distant district rests upon the conclusion that the procedures prescribed in rules 5 and 5.1 are adequate to protect the rights of an arrestee wherever he might be arrested. If the arrest is without a warrant, it is necessary under rule 5 that a complaint be filed forthwith complying with the requirements of rule 4(a) with respect to the showing of probable cause. If the arrest is with a warrant, that warrant will have been issued upon the basis of an indictment or of a complaint or information showing probable cause, pursuant to rules 4(a) and 9(a). Under rule 5.1 dealing with the preliminary examination, the defendant is to be held to answer only upon a showing of probable cause that an offense has been committed and that the defendant committed it. Under subdivision (a), there are two situations in which no preliminary examination will be held. One is where 'an indictment has been returned or an information filed,' which pursuant to rule 5(c) obviates the need for a preliminary examination. The order is where 'the defendant elects to have the preliminary examination conducted in the district in which the prosecution is pending.' A defendant might wish to elect that alternative when, for example, the law in that district is that the complainant and other material witnesses may be required to appear at the preliminary examination and give testimony. See Washington v. Clemmer, 339 F.2d 715 (D.C. Cir. 1964). New subdivision (a) continues the present requirement that if the arrest was without a warrant a warrant must thereafter issue in the district in which the offense is alleged to have been committed. This will ensure that in the district of anticipated prosecution there will have been a probable cause determination by a magistrate or grand jury. Note to Subdivision (b). New subdivision (b) follows existing subdivision (b)(2) in requiring the magistrate to inform the defendant of the provisions of rule 20 applicable in the particular case. Failure to so notify the defendant should not invalidate the proceedings. Note to Subdivision (c). New subdivision (c) follows existing subdivision (b)(4) as to transmittal of papers. Note to Subdivision (d). New subdivision (d) has no counterpart in the present rule. It provides a procedure for dealing with the situation in which a probationer is arrested in a district other than the district of supervision, consistent with 18 U.S.C. Sec. 3653, which provides in part: If the probationer shall be arrested in any district other than that in which he was last supervised, he shall be returned to the district in which the warrant was issued, unless jurisdiction over him is transferred as above provided to the district in which he is found, and in that case he shall be detained pending further proceedings in such district. One possibility, provided for in subdivision (d)(1), is that of transferring jurisdiction over the probationer to the district in which he was arrested. This is permissible under the aforementioned statute, which provides in part: Whenever during the period of his probation, a probationer heretofore or hereafter placed on probation, goes from the district in which he is being supervised to another district, jurisdiction over him may be transferred, in the discretion of the court, from the court for the district from which he goes to the court for the other district, with the concurrence of the latter court. Thereupon the court for the district to which jurisdiction is transferred shall have all power with respect to the probationer that was previously possessed by the court for the district from which the transfer is made, except that the period of probation shall not be changed without the consent of the sentencing court. This process under the same conditions may be repeated whenever during the period of this probation the probationer goes from the district in which he is being supervised to another district. Such transfer may be particularly appropriate when it is found that the probationer has now taken up residence in the district where he was arrested or where the alleged occurrence deemed to constitute a violation of probation took place in the district of arrest. In current practice, probationers arrested in a district other than that of their present supervision are sometimes unnecessarily returned to the district of their supervision, at considerable expense and loss of time, when the more appropriate course of action would have been transfer of probation jurisdiction. Subdivision (d)(2) and (3) deal with the situation in which there is not a transfer of probation jurisdiction to the district of arrest. If the alleged probation violation occurred in the district of arrest, then, under subdivision (d)(2), the preliminary hearing provided for in rule 32.1(a)(1) is to be held in that district. This is consistent with the reasoning in Morrissey v. Brewer, 408 U.S. 471 (1972), made applicable to probation cases in Gagnon v. Scarpelli, 411 U.S. 778 (1973), where the Court stressed that often a parolee 'is arrested at a place distant from the state institution, to which he may be returned before the final decision is made concerning revocation,' and cited this as a factor contributing to the conclusion that due process requires 'that some minimal inquiry be conducted at or reasonably near the place of the alleged parole violation or arrest and as promptly as convenient after arrest while information is fresh and sources are available.' As later noted in Gerstein v. Pugh, 420 U.S. 103 (1975): In Morrissey v. Brewer * * * and Gagnon v. Scarpelli * * * we held that a parolee or probationer arrested prior to revocation is entitled to an informal preliminary hearing at the place of arrest, with some provision for live testimony. * * * That preliminary hearing, more than the probable cause determination required by the Fourth Amendment, serves the purpose of gathering and preserving live testimony, since the final revocation hearing frequently is held at some distance from the place where the violation occurred. However, if the alleged violation did not occur in that district, then first-hand testimony concerning the violation is unlikely to be available there, and thus the reasoning of Morrissey and Gerstein does not call for holding the preliminary hearing in that district. In such a case, as provided in subdivision (d)(3), the probationer should be held to answer in the district court of the district having probation jurisdiction. The purpose of the proceeding there provided for is to ascertain the identity of the probationer and provide him with copies of the warrant and the application for the warrant. A probationer is subject to the reporting condition at all times and is also subject to the continuing power of the court to modify such conditions. He therefore stands subject to return back to the jurisdiction district without the necessity of conducting a hearing in the district of arrest to determine whether there is probable cause to revoke his probation. Note to Subdivision (e). New subdivision (e) has no counterpart in the present rule. It has been added because some confusion currently exists as to whether present rule 40(b) is applicable to the case in which a bench warrant has issued for the return of a defendant or witness who has absented himself and that person is apprehended in a distant district. In Bandy v. United States, 408 F.2d 518 (8th Cir. 1969), a defendant, who had been released upon his personal recognizance after conviction and while petitioning for certiorari and who failed to appear as required after certiorari was denied, objected to his later arrest in New York and removal to Leavenworth without compliance with the rule 40 procedures. The court concluded: The short answer to Bandy's first argument is found in Rush v. United States, 290 F.2d 709, 710 (5 Cir. 1961): 'The provisions of Rules 5 and 40, Federal Rules of Criminal Procedure, 18 U.S.C.A. may not be availed of by a prisoner in escape status * * *.' As noted by Holtzoff, 'Removal of Defendants in Federal Criminal Procedure', 4 F.R.D. 455, 458 (1946): 'Resort need not be had, however, to this (removal) procedure for the purpose of returning a prisoner who has been recaptured after an escape from custody. It has been pointed out that in such a case the court may summarily direct his return under its general power to issue writs not specifically provided for by statute, which may be necessary for the exercise of its jurisdiction and agreeable to the usages and principles of law. In fact, in such a situation no judicial process appears necessary. The prisoner may be retaken and administratively returned to the custody from which he escaped.' Bandy's arrest in New York was pursuant to a bench warrant issued by the United States District Court for the District of North Dakota on May 1, 1962, when Bandy failed to surrender himself to commence service of his sentence on the conviction for filing false income tax refunds. As a fugitive from justice, Bandy was not entitled upon apprehension to a removal hearing, and he was properly removed to the United States Penitentiary at Leavenworth, Kansas to commence service of sentence. Consistent with Bandy, new subdivision (e) does not afford such a person all of the protections provided for in subdivision (a). However, subdivision (e) does ensure that a determination of identity will be made before that person is held to answer in the district of arrest. Note to Subdivision (f). Although the matter of bail is dealt with in rule 46 and 18 U.S.C. Sec. 3146 and 3148, new subdivision (f) has been added to clarify the situation in which a defendant makes his initial appearance before the United States magistrate and there is a warrant issued by a judge of a different district who has endorsed the amount of bail on the warrant. The present ambiguity of the rule is creating practical administrative problems. If the United States magistrate concludes that a lower bail is appropriate, the judge who fixed the original bail on the warrant has, on occasion, expressed the view that this is inappropriate conduct by the magistrate. If the magistrate, in such circumstances, does not reduce the bail to the amount supported by all of the facts, there may be caused unnecessary inconvenience to the defendant, and there would arguably be a violation of at least the spirit of the Bail Reform Act and the Eighth Amendment. The Procedures Manual for United States Magistrates, issued under the authority of the Judicial Conference of the United States, provides in ch. 6, pp. 8-9: Where the arrest occurs in a 'distant' district, the rules do not expressly limit the discretion of the magistrate in the setting of conditions of release. However, whether or not the magistrate in the district of arrest has authority to set his own bail under Rule 40, considerations of propriety and comity would dictate that the magistrate should not attempt to set bail in a lower amount than that fixed by a judge in another district. If an unusual situation should arise where it appears from all the information available to the magistrate that the amount of bail endorsed on the warrant is excessive, he should consult with a judge of his own district or with the judge in the other district who fixed the bail in order to resolve any difficulties. (Where an amount of bail is merely recommended on the indictment by the United States attorney, the magistrate has complete discretion in setting conditions of release.) Rule 40 as amended would encourage the above practice and hopefully would eliminate the present confusion and misunderstanding. The last sentence of subdivision (f) requires that the magistrate set forth the reasons for his action in writing whenever he fixes bail in an amount different from that previously fixed. Setting forth the reasons for the amount of bail fixed, certainly a sound practice in all circumstances, is particularly appropriate when the bail differs from that previously fixed in another district. The requirement that reasons be set out will ensure that the 'considerations of propriety and comity' referred to above will be specifically taken into account. CONGRESSIONAL MODIFICATION OF PROPOSED 1979 AMENDMENT Section 1(2) of Pub. L. 96-42 provided in part that the amendment proposed by the Supreme Court (in its order of Apr. 30, 1979) affecting rule 40 of the Federal Rules of Criminal Procedure (this rule) would take effect on Aug. 1, 1979, as further amended by Congress. NOTES OF ADVISORY COMMITTEE ON RULES - 1982 AMENDMENT The amendment to 40(d) is intended to make it clear that the transfer provisions therein apply whenever the arrest occurs other than in the district of probation jurisdiction, and that if probable cause is found at a preliminary hearing held pursuant to Rule 40(d)(2) the probationer should be held to answer in the district having probation jurisdiction. On occasion, the district of probation supervision and the district of probation jurisdiction will not be the same. See, e.g., Cupp v. Byington, 179 F.Supp. 669 (S.D.Ind. 1960) (supervision in Southern District of Indiana, but jurisdiction never transferred from District of Nevada). In such circumstances, it is the district having jurisdiction which may revoke the defendant's probation. Cupp v. Byington, supra; 18 U.S.C. Sec. 3653 ('the court for the district having jurisdiction over him * * * may revoke the probation'; if probationer goes to another district, 'jurisdiction over him may be transferred,' and only then does 'the court for the district to which jurisdiction is transferred * * * have all the power with respect to the probationer that was previously possessed by the court for the district from which the transfer was made'). That being the case, that is the jurisdiction to which the probationer should be transferred as provided in Rule 40(d). Because Rule 32.1 has now taken effect, a cross-reference to those provisions has been made in subdivision (d)(1) so as to clarify how the magistrate is to proceed if jurisdiction is transferred. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. NOTES OF ADVISORY COMMITTEE ON RULES - 1989 AMENDMENT The amendments recognize that convicted defendants may be on supervised release as well as on probation. See 18 U.S.C. Sec. 3583, and 3624(e). 1984 AMENDMENT Subd. (d)(1). Pub. L. 98-473, Sec. 215(d), substituted '3605' for '3653'. Subd. (f). Pub. L. 98-473, Sec. 209(c), substituted 'Release or Detention' for 'Bail' as the subdivision heading and, in text, substituted 'If a person was previously detained or conditionally released, pursuant to chapter 207 of title 18, United States Code,' for 'If bail was previously fixed', 'decision previously made' for 'amount of bail previously fixed', 'by that decision' for 'by the amount of bail previously fixed', and 'amends the release or detention decision or alters the conditions of release' for 'fixes bail different from that previously fixed'. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 215(d) of Pub. L. 98-473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title. -CROSS- CROSS REFERENCES Habeas corpus, no right of appeal from detention pending removal proceedings, see section 2253 of Title 28, Judiciary and Judicial Procedure. Warrant for removal of prisoner from one district to another, see section 3049 of this title. ------DocID 25176 Document 14 of 816------ -CITE- 19 USC Sec. 40 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 40. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(15), 70 Stat. 947 -MISC1- Section, R.S. Sec. 2627, act June 17, 1930, ch. 497, title IV, Sec. 523, 46 Stat. 740, related to duties of surveyor of customs. Section 5a of this title abolished the offices of surveyor of customs at all ports except New York. ------DocID 26721 Document 15 of 816------ -CITE- 20 USC Sec. 1070d-40 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-40. Construction of needs provisions -STATUTE- Nothing in this subpart, or any other Act, shall be construed to permit the receipt of a scholarship under this subpart to be counted for any needs test in connection with the awarding of any grant or the making of any loan under this chapter or any other provision of Federal law relating to educational assistance. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419J, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1345.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this Act', meaning Pub. L. 89-329, as amended, known as the Higher Education Act of 1965. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. -MISC2- PRIOR PROVISIONS A prior section 1070d-40, Pub. L. 89-329, title IV, Sec. 419J, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2902, provided that receipt of scholarship under Robert C. Byrd Honors Scholarship Program not be counted for needs test for education grant or loan, prior to the general revision of this part by Pub. L. 99-498. ------DocID 27274 Document 16 of 816------ -CITE- 20 USC CHAPTER 40 -EXPCITE- TITLE 20 CHAPTER 40 -HEAD- CHAPTER 40 - CONSOLIDATION OF EDUCATION PROGRAMS ------DocID 28791 Document 17 of 816------ -CITE- 22 USC Sec. 31 to 40 -EXPCITE- TITLE 22 CHAPTER 1 -HEAD- Sec. 31 to 40. Repealed. Aug. 13, 1946, ch. 957, title XI, Sec. 1131(2), (3), (5), (6), (15), (19), (27), (28), (30), (31), (52), (55), (57), (58), 60 Stat. 1035 -MISC1- Section 31, act Mar. 2, 1909, ch. 235, 35 Stat. 672, related to restriction against creation of new ambassadorships. See section 901 of this title. Section 32, R.S. Sec. 1675; acts Mar. 3, 1875, ch. 153, 18 Stat. 483; Feb. 27, 1925, ch. 364, 43 Stat. 1015; Jan. 21, 1931, ch. 42, 46 Stat. 1040, related to appointment and salaries of ambassadors, ministers, etc. See sections 861 et seq. and 900 et seq. of this title. Section 32a, act Jan. 21, 1931, ch. 42, 46 Stat. 1040, related to salary of minister to Liberia. See sections 866 and 867 of this title. Section 33, R.S. Sec. 1744, related to citizenship as prerequisite to payment of compensation. See section 910 of this title. Section 34, act Sept. 29, 1919, ch. 72, 41 Stat. 291, related to appointment of an ambassador to Belgium. See section 901 of this title. Section 34a, act Jan. 22, 1930, ch. 22, 46 Stat. 57, related to appointment of an ambassador to Poland. See section 901 of this title. Section 34b, act June 5, 1930, ch. 404, 46 Stat. 502, related to appointment of a minister to the Union of South Africa. See section 901 of this title. Section 34c, act June 1, 1922, ch. 204, title I, 42 Stat. 600, related to appointment of a minister to Egypt. See section 901 of this title. Section 35, acts Feb. 27, 1925, ch. 364, title I, 43 Stat. 1016; Apr. 29, 1926, ch. 195, title I, 44 Stat. 331; Feb. 24, 1927, ch. 189, title I, 44 Stat. 1180; Feb. 15, 1928, ch. 57, title I, 45 Stat. 65; Jan. 25, 1929, ch. 102, title I, 45 Stat. 1096; Apr. 18, 1930, ch. 184, title I, 46 Stat. 175, related to clerks at embassies and legations. See sections 936 to 939 of this title. Section 36, R.S. Sec. 1686, related to compensation of persons filling two offices. Section 37, act June 11, 1874, ch. 275, Sec. 1, 18 Stat. 67, related to special allowance to embassy messenger in Paris. Section 38, act Feb. 5, 1915, ch. 23, Sec. 7, 38 Stat. 807, related to transaction of business by diplomatic officers. See section 805 of this title. Section 39, R.S. Sec. 1688, related to prohibition against uniforms and official costumes. See section 803 of this title. Section 40, R.S. Sec. 1674; acts Feb. 5, 1915, ch. 23, Sec. 6, 38 Stat. 806; July 1, 1916, ch. 208, 39 Stat. 252; May 24, 1924, ch. 182, Sec. 2, 43 Stat. 140, related to definition of diplomatic offices. See section 802 of this title. EFFECTIVE DATE OF REPEAL Repeal effective three months after Aug. 13, 1946, see section 1141 of act Aug. 13, 1946. ------DocID 29036 Document 18 of 816------ -CITE- 22 USC Sec. 277d-40 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-40. Authorization of appropriations -STATUTE- There is authorized to be appropriated to the Department of State for the use of the United States section of the International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to carry out the provisions of the treaty and title I of this Act. -SOURCE- (Pub. L. 92-549, title I, Sec. 108, Oct. 25, 1972, 86 Stat. 1162.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 92-549, Oct. 25, 1972, 86 Stat. 1161, known as the 'American-Mexican Boundary Treaty Act of 1972'. Title I of this Act enacted sections 277d-34 to 277d-40 of this title and amended section 1322 of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 277d-34 of this title and Tables. ------DocID 30619 Document 19 of 816------ -CITE- 22 USC CHAPTER 40 -EXPCITE- TITLE 22 CHAPTER 40 -HEAD- CHAPTER 40 - INTERNATIONAL EXPOSITIONS -MISC1- Sec. 2801. Congressional findings. 2802. Federal recognition. (a) Eligibility requirements. (b) Recognition and registration procedure; compliance with international convention; participation by States and foreign governments. (c) Report to Congress. 2803. Federal participation. (a) Congressional authorization; proposals. (b) Construction of Federal pavilion. (c) Authorization of appropriations for Federal pavilion. (d) Requisites and temporary nature of Federal pavilion. 2804. Establishment of standards and criteria; publication in the Federal Register. 2805. Withdrawal of Federal recognition or participation. 2806. Other provisions unaffected. 2807. Authorization of appropriations. ------DocID 31711 Document 20 of 816------ -CITE- 25 USC Sec. 40 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 40. Limits of superintendencies, agencies, and subagencies -STATUTE- The limits of each superintendency, agency, and subagency shall be established by the Secretary of the Interior, either by tribes or geographical boundaries. -SOURCE- (R.S. Sec. 2066.) -COD- CODIFICATION R.S. Sec. 2066 derived from acts June 30, 1834, ch. 162, Sec. 7, 4 Stat. 736; Mar. 3, 1847, ch. 66, Sec. 1, 9 Stat. 203. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 33553 Document 21 of 816------ -CITE- 26 USC Sec. 40 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart D -HEAD- Sec. 40. Alcohol used as fuel -STATUTE- (a) General rule For purposes of section 38, the alcohol fuels credit determined under this section for the taxable year is an amount equal to the sum of - (1) the alcohol mixture credit, plus (2) the alcohol credit, plus (3) in the case of an eligible small ethanol producer, the small ethanol producer credit. (b) Definition of alcohol mixture credit, alcohol credit, and small ethanol producer credit For purposes of this section, and except as provided in subsection (h) - (1) Alcohol mixture credit (A) In general The alcohol mixture credit of any taxpayer for any taxable year is 60 cents for each gallon of alcohol used by the taxpayer in the production of a qualified mixture. (B) Qualified mixture The term 'qualified mixture' means a mixture of alcohol and gasoline or of alcohol and a special fuel which - (i) is sold by the taxpayer producing such mixture to any person for use as a fuel, or (ii) is used as a fuel by the taxpayer producing such mixture. (C) Sale or use must be in trade or business, etc. Alcohol used in the production of a qualified mixture shall be taken into account - (i) only if the sale or use described in subparagraph (B) is in a trade or business of the taxpayer, and (ii) for the taxable year in which such sale or use occurs. (D) Casual off-farm production not eligible No credit shall be allowed under this section with respect to any casual off-farm production of a qualified mixture. (2) Alcohol credit (A) In general The alcohol credit of any taxpayer for any taxable year is 60 cents for each gallon of alcohol which is not in a mixture with gasoline or a special fuel (other than any denaturant) and which during the taxable year - (i) is used by the taxpayer as a fuel in a trade or business, or (ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person's vehicle. (B) User credit not to apply to alcohol sold at retail No credit shall be allowed under subparagraph (A)(i) with respect to any alcohol which was sold in a retail sale described in subparagraph (A)(ii). (3) Smaller credit for lower proof alcohol In the case of any alcohol with a proof which is at least 150 but less than 190, paragraphs (1)(A) and (2)(A) shall be applied by substituting '45 cents' for '60 cents'. (4) Small ethanol producer credit (A) In general The small ethanol producer credit of any eligible small ethanol producer for any taxable year is 10 cents for each gallon of qualified ethanol fuel production of such producer. (B) Qualified ethanol fuel production For purposes of this paragraph, the term 'qualified ethanol fuel production' means any alcohol which is ethanol which is produced by an eligible small ethanol producer, and which during the taxable year - (i) is sold by such producer to another person - (I) for use by such other person in the production of a qualified mixture in such other person's trade or business (other than casual off-farm production), (II) for use by such other person as a fuel in a trade or business, or (III) who sells such ethanol at retail to another person and places such ethanol in the fuel tank of such other person, or (ii) is used or sold by such producer for any purpose described in clause (i). (C) Limitation The qualified ethanol fuel production of any producer for any taxable year shall not exceed 15,000,000 gallons. (D) Additional distillation excluded The qualified ethanol fuel production of any producer for any taxable year shall not include any alcohol which is purchased by the producer and with respect to which such producer increases the proof of the alcohol by additional distillation. (5) Adding of denaturants not treated as mixture The adding of any denaturant to alcohol shall not be treated as the production of a mixture. (c) Coordination with exemption from excise tax The amount of the credit determined under this section with respect to any alcohol shall, under regulations prescribed by the Secretary, be properly reduced to take into account any benefit provided with respect to such alcohol solely by reason of the application of subsection (b)(2), (k), or (m) of section 4041, section 4081(c), or section 4091(c). (d) Definitions and special rules For purposes of this section - (1) Alcohol defined (A) In general The term 'alcohol' includes methanol and ethanol but does not include - (i) alcohol produced from petroleum, natural gas, or coal (including peat), or (ii) alcohol with a proof of less than 150. (B) Determination of proof The determination of the proof of any alcohol shall be made without regard to any added denaturants. (2) Special fuel defined The term 'special fuel' includes any liquid fuel (other than gasoline) which is suitable for use in an internal combustion engine. (3) Mixture or alcohol not used as a fuel, etc. (A) Mixtures If - (i) any credit was determined under this section with respect to alcohol used in the production of any qualified mixture, and (ii) any person - (I) separates the alcohol from the mixture, or (II) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to 60 cents a gallon (45 cents in the case of alcohol with a proof less than 190) for each gallon of alcohol in such mixture. (B) Alcohol If - (i) any credit was determined under this section with respect to the retail sale of any alcohol, and (ii) any person mixes such alcohol or uses such alcohol other than as a fuel, then there is hereby imposed on such person a tax equal to 60 cents a gallon (45 cents in the case of alcohol with a proof less than 190) for each gallon of such alcohol. (C) Producer credit If - (i) any credit was determined under subsection (a)(3), and (ii) any person does not use such fuel for a purpose described in subsection (b)(4)(B), then there is hereby imposed on such person a tax equal to 10 cents a gallon for each gallon of such alcohol. (D) Applicable laws All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A), (B), or (C) as if such tax were imposed by section 4081 and not by this chapter. (4) Volume of alcohol For purposes of determining - (A) under subsection (a) the number of gallons of alcohol with respect to which a credit is allowable under subsection (a), or (B) under section 4041(k) or 4081(c) the percentage of any mixture which consists of alcohol, the volume of alcohol shall include the volume of any denaturant (including gasoline) which is added under any formulas approved by the Secretary to the extent that such denaturants do not exceed 5 percent of the volume of such alcohol (including denaturants). (5) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (e) Termination (1) In general This section shall not apply to any sale or use - (A) for any period after December 31, 2000, or (B) for any period before January 1, 2001, during which the Highway Trust Fund financing rate under section 4081(a)(2) is not in effect. (2) No carryovers to certain years after expiration If this section ceases to apply for any period by reason of paragraph (1), no amount attributable to any sale or use before the first day of such period may be carried under section 39 by reason of this section (treating the amount allowed by reason of this section as the first amount allowed by this subpart) to any taxable year beginning after the 3-taxable-year period beginning with the taxable year in which such first day occurs. (f) Election to have alcohol fuels credit not apply (1) In general A taxpayer may elect to have this section not apply for any taxable year. (2) Time for making election An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). (3) Manner of making election An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe. (g) Definitions and special rules for eligible small ethanol producer credit For purposes of this section - (1) Eligible small ethanol producer The term 'eligible small ethanol producer' means a person who, at all times during the taxable year, has a productive capacity for alcohol (as defined in subsection (d)(1)(A) without regard to clauses (i) and (ii)) not in excess of 30,000,000 gallons. (2) Aggregration (FOOTNOTE 1) rule (FOOTNOTE 1) So in original. Probably should be 'Aggregation'. For purposes of the 15,000,000 gallon limitation under subsection (b)(4)(C) and the 30,000,000 gallon limitation under paragraph (1), all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. (3) Partnership, S corporations, and other pass-thru entities In the case of a partnership, trust, S corporation, or other pass-thru entity, the limitations contained in subsection (b)(4)(C) and paragraph (1) shall be applied at the entity level and at the partner or similar level. (4) Allocation For purposes of this subsection, in the case of a facility in which more than 1 person has an interest, productive capacity shall be allocated among such persons in such manner as the Secretary may prescribe. (5) Regulations The Secretary may prescribe such regulations as may be necessary - (A) to prevent the credit provided for in subsection (a)(3) from directly or indirectly benefiting any person with a direct or indirect productive capacity of more than 30,000,000 gallons of alcohol during the taxable year, or (B) to prevent any person from directly or indirectly benefiting with respect to more than 15,000,000 gallons during the taxable year. (h) Reduced credit for ethanol blenders In the case of any alcohol mixture credit or alcohol credit with respect to any alcohol which is ethanol - (1) subsections (b)(1)(A) and (b)(2)(A) shall be applied by substituting '54 cents' for '60 cents'; (2) subsection (b)(3) shall be applied by substituting '40 cents' for '45 cents' and '54 cents' for '60 cents'; and (3) subparagraphs (A) and (B) of subsection (d)(3) shall be applied by substituting '54 cents' for '60 cents' and '40 cents' for '45 cents'. -SOURCE- (Added Pub. L. 96-223, title II, Sec. 232(b)(1), Apr. 2, 1980, 94 Stat. 273, Sec. 44E, and amended Pub. L. 97-34, title II Sec. 207(c)(3), Aug. 13, 1981, 95 Stat. 225; Pub. L. 97-354, Sec. 5(a)(2), Oct. 19, 1982, 96 Stat. 1692; Pub. L. 97-424, title V, Sec. 511(b)(2), (d)(3), Jan. 6, 1983, 96 Stat. 2170, 2171; renumbered Sec. 40 and amended Pub. L. 98-369, div. A, title IV, Sec. 471(c), 474(k), title IX, Sec. 912(c), (f), 913(b), July 18, 1984, 98 Stat. 826, 832, 1007, 1008; Pub. L. 100-203, title X, Sec. 10502(d)(1), Dec. 22, 1987, 101 Stat. 1330-444; Pub. L. 101-508, title XI, Sec. 11502(a)-(f), Nov. 5, 1990, 104 Stat. 1388-480 to 1388-482.) -MISC1- PRIOR PROVISIONS A prior section 40, added Pub. L. 92-178, title VI, Sec. 601(a), Dec. 10, 1971, 85 Stat. 553, and amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, which related to the allowance as a credit of expenses of work incentive programs, was repealed by Pub. L. 98-369, div. A, title IV, Sec. 474(m)(1), July 18, 1984, 98 Stat. 833. Another prior section 40 was renumbered section 35 of this title. AMENDMENTS 1990 - Subsec. (a)(2). Pub. L. 101-508, Sec. 11502(a)(1), substituted ', plus' for period at end. Subsec. (a)(3). Pub. L. 101-508, Sec. 11502(a)(2), added par. (3). Subsec. (b). Pub. L. 101-508, Sec. 11502(e)(2), which directed the insertion of ', and except as provided in subsection (h)' in introductory provisions without specifying the location of such insertion, was executed after 'section' to reflect the probable intent of Congress. Pub. L. 101-508, Sec. 11502(b)(3), substituted ', alcohol credit, and small ethanol producer credit' for 'and alcohol credit' in heading. Subsec. (b)(4), (5). Pub. L. 101-508, Sec. 11502(b)(1), (2), added par. (4) and redesignated former par. (4) as (5). Subsec. (d)(3)(C), (D). Pub. L. 101-508, Sec. 11502(d)(1), (2), added subpar. (C), redesignated former subpar. (C) as (D), and substituted 'subparagraph (A), (B), or (C)' for 'subparagraph (A) or (B)'. Subsec. (e). Pub. L. 101-508, Sec. 11502(f), amended subsec. (e) generally, substituting present provisions for provisions prohibiting the applicability of this section to any sale or use after Dec. 31, 1992, and prohibiting carryovers to any taxable year beginning after Dec. 31, 1994. Subsec. (g). Pub. L. 101-508, Sec. 11502(c), added subsec. (g). Subsec. (h). Pub. L. 101-508, Sec. 11502(e)(1), added subsec. (h). 1987 - Subsec. (c). Pub. L. 100-203 substituted ', section 4081(c), or section 4091(c)' for 'or section 4081(c)'. 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 44E of this title as this section. Subsec. (a). Pub. L. 98-369, Sec. 474(k)(1), substituted 'For purposes of section 38, the alcohol fuels credit determined under this section for the taxable year is an amount equal to the sum of' for 'There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of' in introductory provisions. Subsec. (b)(1)(A), (2)(A). Pub. L. 98-369, Sec. 912(c)(1), substituted '60 cents' for '50 cents'. Subsec. (b)(3). Pub. L. 98-369, Sec. 912(c), substituted '45 cents' for '37.5 cents' and '60 cents' for '50 cents'. Subsec. (c). Pub. L. 98-369, Sec. 913(b), substituted '(b)(2), (k), or (m)' for '(b)(2) or (k)'. Pub. L. 98-369, Sec. 474(k)(2), substituted 'the credit determined under this section' for 'the credit allowable under this section'. Subsec. (d)(1)(A)(i). Pub. L. 98-369, Sec. 912(f), substituted 'coal (including peat)' for 'coal'. Subsec. (d)(3)(A). Pub. L. 98-369, Sec. 912(c), substituted '60 cents' for '50 cents' and '45 cents' for '37.5 cents'. Subsec. (d)(3)(A)(i). Pub. L. 98-369, Sec. 474(k)(3), substituted 'credit was determined' for 'credit was allowable'. Subsec. (d)(3)(B). Pub. L. 98-369, Sec. 912(c), substituted '60 cents' for '50 cents' and '45 cents' for '37.5 cents'. Subsec. (d)(3)(B)(i). Pub. L. 98-369, Sec. 474(k)(3), substituted 'credit was determined' for 'credit was allowable'. Subsec. (e). Pub. L. 98-369, Sec. 474(k)(4), redesignated subsec. (f) as (e). Former subsec. (e), which had placed a limitation based on the amount of tax, was struck out. Subsec. (e)(2). Pub. L. 98-369, Sec. 474(k)(5), substituted 'section 39 by reason of this section (treating the amount allowed by reason of this section as the first amount allowed by this subpart)' for 'subsection (e)(2)'. Subsec. (f). Pub. L. 98-369, Sec. 474(k)(6), added subsec. (f). Former subsec. (f) redesignated (e). 1983 - Subsec. (b)(1)(A), (2)(A). Pub. L. 97-424, Sec. 511(d)(3)(A), substituted '50 cents' for '40 cents'. Subsec. (b)(3). Pub. L. 97-424, Sec. 511(d)(3), substituted '50 cents' for '40 cents' and '37.5 cents' for '30 cents'. Subsec. (c). Pub. L. 97-424, Sec. 511(b)(2), substituted 'subsection (b)(2) or (k) of section 4041 or section 4081(c)' for 'section 4041(k) or 4081(c)' after 'reason of the application of'. Subsec. (d)(3)(A), (B). Pub. L. 97-424, Sec. 511(d)(3), substituted '50 cents' for '40 cents' and '37.5 cents' for '30 cents'. 1982 - Subsec. (d)(5). Pub. L. 97-354 substituted 'Pass-thru in the case of estates and trusts' for 'Pass-through in the case of subchapter S corporations, etc.' in par. heading, and substituted provisions relating to the applicability of rules similar to rules of subsec. (d) of section 52 for provisions relating to the applicability of rules similar to rules of subsecs. (d) and (e) of section 52. 1981 - Subsec. (e)(2)(A). Pub. L. 97-34 substituted '15' for '7' in two places, and '14' for '6' in one place. EFFECTIVE DATE OF 1990 AMENDMENT Section 11502(h) of Pub. L. 101-508 provided that: '(1) Except as provided in paragraph (2), the amendments made by this section (amending this section) shall apply to alcohol produced, and sold or used, in taxable years beginning after December 31, 1990. '(2) The amendments made by subsection (g) (amending provisions not classified to the Code) shall apply to articles entered or withdrawn from warehouse on or after January 1, 1991.' EFFECTIVE DATE OF 1987 AMENDMENT Section 10502(e) of Pub. L. 100-203 provided that: 'The amendments made by this section (enacting sections 4091 to 4093 of this title, amending this section and sections 4041, 4081, 4101, 4221, 6206, 6416, 6421, 6427, 6652, 9502, 9503, and 9508 of this title, and enacting provisions set out as notes under sections 4091 and 9502 of this title) shall apply to sales after March 31, 1988.' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 474(k) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as a note under section 21 of this title. Section 912(g) of Pub. L. 98-369 provided that: 'The amendments made by this section (amending this section and sections 4041, 4081, and 6427 of this title) shall take effect on January 1, 1985.' Amendment by section 913(b) of Pub. L. 98-369 effective Aug. 1, 1984, see section 913(c) of Pub. L. 98-369, set out as a note under section 4041 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendments by section 511(b)(2), (d)(3) of Pub. L. 97-424 effective Apr. 1, 1983, see section 511(h) of Pub. L. 97-424, set out as a note under section 4041 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-354 applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as an Effective Date note under section 1361 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-34 applicable to unused credit years ending after Sept. 30, 1980, see section 209(c)(2)(C) of Pub. L. 97-34, set out as an Effective Date note under section 168 of this title. EFFECTIVE DATE Section 232(h)(1), (4) of Pub. L. 96-223, as amended by Pub. L. 97-448, title II, Sec. 202(e), Jan. 12, 1983, 96 Stat. 2396, provided that: '(1) The amendments made by subsections (b) and (c) (enacting sections 44E (now 40) and 86 of this title and amending sections 55, 381, 383, 4081, and 6096 of this title) shall apply to sales or uses after September 30, 1980, in taxable years ending after such date. '(4) Notwithstanding paragraph (1), the provisions of section 44E(d)(4)(B) (now 40(d)(4)(B)) of such Code, as added by this section, shall take effect on April 2, 1980.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 38, 87, 196, 6501 of this title. ------DocID 34857 Document 22 of 816------ -CITE- 26 USC CHAPTER 40 -EXPCITE- TITLE 26 Subtitle D CHAPTER 40 -HEAD- CHAPTER 40 - GENERAL PROVISIONS RELATING TO OCCUPATIONAL TAXES -MISC1- Sec. 4901. Payment of tax. 4902. Liability of partners. 4903. Liability in case of business in more than one location. 4904. Liability in case of different businesses of same ownership and location. 4905. Liability in case of death or change of location. 4906. Application of State laws. 4907. Federal agencies or instrumentalities. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 4463 of this title. ------DocID 35928 Document 23 of 816------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 40 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 40. Defenses and Objections Made by Pleading or Motion -STATUTE- Every defense, in law or fact, to a claim for relief in any pleading shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may, at the option of the pleader, be made by motion: (a) lack of jurisdiction, and (b) failure to state a claim upon which relief can be granted. If a pleading sets forth a claim for relief to which the adverse party is not required to file a responsive pleading, then such party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting failure to state a claim on which relief can be granted, matters outside the pleading are to be presented, then the motion shall be treated as one for summary judgment and disposed of as provided in Rule 121, and the parties shall be given an opportunity to present all material made pertinent to a motion under Rule 121. ------DocID 36110 Document 24 of 816------ -CITE- 27 USC Sec. 11 to 40 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 11 to 40. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 11, act Oct. 28, 1919, ch. 85, title II, Sec. 2, 41 Stat. 308, authorized Commissioner of Internal Revenue, his assistants, agents, and inspectors to swear out warrants before United States commissioners or other officers or courts authorized to issue warrants, and to investigate and report violations of this title to United States attorney for district in which violations were committed. Section 12, act Oct. 28, 1919, ch. 85, title II, Sec. 3, 41 Stat. 308, provided that no person manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as otherwise provided by provisions of this title. Section 13, act Oct. 28, 1919, ch. 85, title II, Sec. 4, 41 Stat. 309, exempted specified articles, after having been manufactured and prepared for market, from provisions of this title, required manufacturers of such exempt articles to secure permits, give bonds, keep records, and make reports, and made unlawful the failure to comply with any of foregoing requirements. Section 14, act Oct. 28, 1919, ch. 85, title II, Sec. 5, 41 Stat. 309, authorized commissioner to analyze specified manufactured articles in order to determine whether said articles constituted intoxicating liquors. Section 15, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, authorized commissioner to order a change of formula of preparations used as a beverage or for intoxicating liquor purposes where sale or use of such preparations was substantially increased in community by reason of its use as a beverage or for intoxicating beverage purposes. Section 16, act Oct. 28, 1919, ch. 85, title II, Sec. 6, 41 Stat. 310, required that any person manufacturing, selling, purchasing, transporting, or prescribing any liquor, except liquor purchased and used for medicinal purposes when prescribed by a physician, liquor purchased and used in a bona fide hospital or sanitarium for treatment of alcoholism, and wine manufactured, etc., for sacramental or religious purposes, first obtain a permit from commissioner. Section 17, act Oct. 28, 1919, ch. 85, title II, Sec. 7, 41 Stat. 311, authorized no one but a physician holding a permit to prescribe liquor to issue any prescription for liquor, required every such physician to keep a record of every prescription issued, and required pharmacist filling each prescription issued to indorse upon it over his own signature 'canceled'. Section 18, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, specified kinds of liquor which could be prescribed for medicinal purposes, percentage of alcohol in such prescriptions, and quantity permitted to be prescribed. Section 19, act Oct. 28, 1919, ch. 85, title II, Sec. 8, 41 Stat. 311, authorized commissioner to issue prescription blanks, free of cost, to physicians holding permits to prescribe liquor for medicinal purposes. Section 20, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, set forth number of prescription blanks that could be issued to a physician, and number of prescriptions that could be issued by a physician. Section 21, act Oct. 28, 1919, ch. 85, title II, Sec. 9, 41 Stat. 311, set forth procedure by which commissioner could cite permittees believed not to be conforming to provisions of this title, or who had violated laws of any State relating to intoxicating liquors. Section 22, act Oct. 28, 1919, ch. 85, title II, Sec. 10, 41 Stat. 312, required every person manufacturing, purchasing, selling, or transporting any liquor to make and keep a permanent record of all such transactions. Section 23, act Oct. 28, 1919, ch. 85, title II, Sec. 11, 41 Stat. 312, required all manufacturers and wholesale or retail druggists to keep a copy of all permits to purchase on which a sale of any liquor was made. Section 24, act Oct. 28, 1919, ch. 85, title II, Sec. 12, 41 Stat. 312, required all persons manufacturing liquor for sale to attach labels to every container, and specified the information to be placed on such labels. Section 25, act Oct. 28, 1919, ch. 85, title II, Sec. 13, 41 Stat. 312, required every carrier to make a record at place of shipment of receipt of any liquor transported, and to deliver liquor only to persons presenting to him a verified copy of a permit to purchase. Section 26, act Oct. 28, 1919, ch. 85, title II, Sec. 14, 41 Stat. 312, made it unlawful for any person to use or induce any carrier, or any agent or employee thereof, to carry or ship any package or receptacle containing liquor without notifying carrier of true nature and character of shipment, and required all packages carrying liquor to contain enumerated information. Section 27, act Oct. 28, 1919, ch. 85, title II, Sec. 15, 41 Stat. 313, made it unlawful for any consignee to accept any package containing liquor upon which appeared a statement known by him to be false, or for any carrier to consign, etc., any such package, knowing such statement to be false. Section 28, act Oct. 28, 1919, ch. 85, title II, Sec. 16, 41 Stat. 313, made it unlawful to order a carrier to deliver liquor to any person not a bona fide consignee. Section 29, act Oct. 28, 1919, ch. 85, title II, Sec. 17, 41 Stat. 313, made it unlawful to advertise liquor, or manufacture, sale, or keeping for sale of liquor, and exempted manufacturers and wholesale druggists holding permits to sell liquor from prohibition when furnishing price lists to persons permitted to purchase liquor or when advertising in business publications. Section 30, act Oct. 28, 1919, ch. 85, title II, Sec. 18, 41 Stat. 313, made it unlawful to advertise, manufacture, sell, or possess for sale any utensil, ingredient, or formula intended for use in unlawful manufacture of intoxicating liquor. Section 31, act Oct. 28, 1919, ch. 85, title II, Sec. 19, 41 Stat. 313, prohibited any person from soliciting or receiving orders for liquor or giving information as to how liquor could be obtained in violation of this title. Section 32, act Oct. 28, 1919, ch. 85, title II, Sec. 20, 41 Stat. 313, gave a right of action to any person injured in person, property, means of support, or otherwise by any intoxicated person against any person who unlawfully sold liquor to such intoxicated person, or caused or contributed to such intoxication. Section 33, act Oct. 28, 1919, ch. 85, title II, Sec. 21, 41 Stat. 314, declared any property used in connection with a violation of this title to be a common nuisance, set forth punishment for maintenance of a common nuisance, and made owner of such property liable. Section 34, act Oct. 28, 1919, ch. 85, title II, Sec. 22, 41 Stat. 314, set forth procedure which authorized an action in equity to enjoin any nuisance defined in this title. Section 35, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, declared any person keeping or carrying liquor with intent to sell, or soliciting orders for liquor guilty of a nuisance and restrainable by injunction. Section 36, act Oct. 29, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, set forth fees of officers removing and selling property in enforcement of these provisions. Section 37, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, provided that any violation upon any leased premises by the lessee or occupant thereof could, at the option of the lessor, work a forfeiture of lease. Section 38, act Oct. 28, 1919, ch. 85, title II, Sec. 24, 41 Stat. 315, set forth procedure and punishment for violation of any injunction granted pursuant to these provisions. Section 39, act Oct. 28, 1919, ch. 85, title II, Sec. 25, 41 Stat. 315, prohibited unlawful possession of liquor or property designed for manufacture thereof, and authorized issuance of search warrants and destruction of unlawfully possessed liquor and property seized pursuant to such search warrants. Section 40, act Oct. 28, 1919, ch. 85, title II, Sec. 26, 41 Stat. 315, set forth procedure for seizure and destruction of unlawfully transported liquor and sale of any vehicle found to be used for such transportation. ------DocID 36409 Document 25 of 816------ -CITE- 28 USC CHAPTER 40 -EXPCITE- TITLE 28 PART II CHAPTER 40 -HEAD- CHAPTER 40 - INDEPENDENT COUNSEL -MISC1- Sec. 591. Applicability of provisions of this chapter. 592. Preliminary investigation and application for appointment of an independent counsel. 593. Duties of the division of the court. 594. Authority and duties of an independent counsel. 595. Congressional oversight. 596. Removal of an independent counsel; termination of office. 597. Relationship with Department of Justice. 598. Severability. 599. Termination of effect of chapter. AMENDMENTS 1987 - Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101 Stat. 1293, amended chapter 40 heading and analysis generally, substituting items 591 to 599 for former items 591 to 598. 1986 - Pub. L. 99-554, title I, Sec. 144(g)(1), Oct. 27, 1986, 100 Stat. 3097, substituted '40' for '39' as chapter designation. 1983 - Pub. L. 97-409, Sec. 2(a)(1)(A), Jan. 3, 1983, 96 Stat. 2039, substituted 'independent counsel' for 'special prosecutor' in chapter heading and in items 592, 594, and 596. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 49 of this title; title 18 section 202. ------DocID 37022 Document 26 of 816------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 40 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 40. Petition for rehearing -STATUTE- (a) Time for filing; content; answer; action by court if granted. - A petition for rehearing may be filed within 14 days after entry of judgment unless the time is shortened or enlarged by order or by local rule. The petition shall state with particularity the points of law or fact which in the opinion of the petitioner the court has overlooked or misapprehended and shall contain such argument in support of the petition as the petitioner desires to present. Oral argument in support of the petition will not be permitted. No answer to a petition for rehearing will be received unless requested by the court, but a petition for rehearing will ordinarily not be granted in the absence of such a request. If a petition for rehearing is granted the court may make a final disposition of the cause without reargument or may restore it to the calendar for reargument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case. (b) Form of petition; length. - The petition shall be in a form prescribed by Rule 32(a), and copies shall be served and filed as prescribed by Rule 31(b) for the service and filing of briefs. Except by permission of the court, or as specified by local rule of the court of appeals, a petition for rehearing shall not exceed 15 pages. -SOURCE- (As amended Apr. 30, 1979, eff. Aug. 1, 1979.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES This is the usual rule among the circuits, except that the express prohibition against filing a reply to the petition is found only in the rules of the Fourth, Sixth and Eighth Circuits (it is also contained in Supreme Court Rule 58(3)). It is included to save time and expense to the party victorious on appeal. In the very rare instances in which a reply is useful, the court will ask for it. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1979 AMENDMENT Subdivision (a). The Standing Committee added to the first sentence of Rule 40(a) the words 'or by local rule,' to conform to current practice in the circuits. The Standing Committee believes the change noncontroversial. Subdivision (b). The proposed amendment would eliminate the distinction drawn in the present rule between printed briefs and those duplicated from typewritten pages in fixing their maximum length. See Note to Rule 28. Since petitions for rehearing must be prepared in a short time, making typographic printing less likely, the maximum number of pages is fixed at 15, the figure used in the present rule for petitions duplicated by means other than typographic printing. -CROSS- CROSS REFERENCES Mandate, issuance unless delayed by petition for rehearing, see rule 41. ------DocID 37085 Document 27 of 816------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 40 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VI -HEAD- Rule 40. Assignment of Cases for Trial -STATUTE- The district courts shall provide by rule for the placing of actions upon the trial calendar (1) without request of the parties or (2) upon request of a party and notice to the other parties or (3) in such other manner as the courts deem expedient. Precedence shall be given to actions entitled thereto by any statute of the United States. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES U.S.C., Title 28, (former) Sec. 769 (Notice of case for trial) is modified. See (former) Equity Rule 56 (On Expiration of Time for Depositions, Case Goes on Trial Calendar). See also (former) Equity Rule 57 (Continuances). For examples of statutes giving precedence, see U.S.C., Title 28, Sec. 47 (now 1253, 2101, 2325) (Injunctions as to orders of Interstate Commerce Commission); Sec. 380 (now 1253, 2101, 2284) (Injunctions alleged unconstitutionality of state statutes); Sec. 380a (now 1253, 2101, 2284) (Same; Constitutionality of federal statute); (former) Sec. 768 (Priority of cases where a state is party); Title 15, Sec. 28 (Antitrust laws; suits against monopolies expedited); Title 22, Sec. 240 (Petition for restoration of property seized as munitions of war, etc.); and Title 49, (former) Sec. 44 (Proceedings in equity under interstate commerce laws; expedition of suits). -CROSS- CROSS REFERENCES Adoption of local rules not inconsistent with these rules, see rule 83. ------DocID 37307 Document 28 of 816------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 40 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 40. Veterans, Seamen, and Military Cases -STATUTE- .1. A veteran suing to establish reemployment rights under 38 U.S.C. Sec. 2022, or under any other provision of law exempting a veteran from the payment of fees or court costs, may file a motion to proceed upon typewritten papers under Rule 34, except that the motion shall ask leave to proceed as a veteran, and the affidavit shall set forth the moving party's status as a veteran. .2. A seaman suing pursuant to 28 U.S.C. Sec. 1916 may proceed without the prepayment of fees or costs or furnishing security therefor, but a seaman is not relieved of printing costs nor entitled to proceed on typewritten papers. .3. An accused person petitioning for a writ of certiorari to review a decision of the United States Court of Military Appeals pursuant to 28 U.S.C. Sec. 1259 may proceed without the prepayment of fees or costs or furnishing security therefor and without filing an affidavit of indigency, but is not relieved of the printing requirements under Rule 33 and is not entitled to proceed on typewritten papers except as authorized by the Court on separate motion. ------DocID 37362 Document 29 of 816------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 40 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE VI -HEAD- Rule 40. Assignment of Cases for Trial -STATUTE- Assignment of cases for trial is the responsibility of the judge to whom the case is assigned, and may be made (1) without request of the parties or (2) upon request of a party and notice to the other parties or (3) in such other manner as the court deems expedient. All trials shall be scheduled by the judge by order filed with the clerk. Precedence shall be given to actions entitled thereto by any statute of the United States. ------DocID 37470 Document 30 of 816------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 40 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE VI -HEAD- Rule 40. Request for Trial -STATUTE- (a) Request. At any time after issue is joined in an action, unless the court otherwise directs, any party who desires to try an action shall: (1) confer with the opposing party or parties to attempt to reach agreement as to the time and place of trial, and (2) serve upon the opposing party or parties, and file with the court, a request for trial which shall be substantially in the form set forth in Form 6 in the Appendix of Forms. The request shall be served and filed at least 30 days prior to the requested date of trial, or upon a showing of good cause, at a reasonable time prior to the requested date of trial. A party who opposes the request shall serve and file its opposition within 10 days after service of the request, unless a shorter period is directed by the court. In all instances where a trial is requested to be held at a location other than or in addition to the courthouse at One Federal Plaza, New York, New York, all other parties shall serve and file a response within 10 days after the service of the request, unless a shorter period is directed by the court. (b) Designation. The court shall designate the date and place for trial, as prescribed in Rule 77(c)(1) or (2), and shall give reasonable notice thereof to the parties. (c) Premarking Exhibits. All exhibits and documents which are intended to be introduced in evidence are to be marked for identification and exhibited to opposing counsel prior to trial or court proceeding. -SOURCE- (As amended Oct. 3, 1990, eff. Jan. 1, 1991.) -MISC1- PRACTICE COMMENT To implement the authority conferred upon the chief judge by 28 U.S.C. Sec. 253(b) and 256(a), and for the convenience of parties, there is set out in the instructions for Form 6, in the Appendix of Forms, a list of tentative dockets and the procedures to be followed in connection with trials or oral arguments of dispositive motions at places other than New York City. A schedule, agreed to by the parties, suitable for attachment to a decision of the court, shall be filed at the time an action is submitted to the court for final determination upon a dispositive motion or upon the conclusion of a trial. The schedule should indicate (1) when one action is involved, the ports of entry, protest and entry numbers, (2) when consolidated actions are involved, the ports of entry, court numbers, protest and entry numbers, and (3) when joined actions are involved, the ports of entry, court numbers, plaintiffs, protest and entry numbers. Cases should be arranged according to port of entry, in numerical order. ------DocID 38507 Document 31 of 816------ -CITE- 30 USC Sec. 40 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 40. Verification of affidavits -STATUTE- All affidavits required to be made under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title, and section 661 of title 43 may be verified before any officer authorized to administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register of the land office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land office as published nearest to the location of such land; and the register shall require proof that such notice has been given. -SOURCE- (R.S. Sec. 2335; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -REFTEXT- REFERENCES IN TEXT Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, referred to in text, were in the original 'this chapter', meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. Sec. 2318 to 2352. -COD- CODIFICATION R.S. Sec. 2335 derived from act May 10, 1872, ch. 152, Sec. 13, 17 Stat. 95. -MISC3- AMENDMENTS 1925 - Act Mar. 3, 1925, affected words in first sentence of text, now reading 'before the register of the land office.' Such words formerly read 'before the register and receiver of the land-office.' Such act is treated more fully in note under section 29 of this title. -TRANS- TRANSFER OF FUNCTIONS Office of register of district land office abolished and all functions of register transferred to Secretary of the Interior, or to officers and agencies of Department of the Interior as Secretary may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees. See also note set out under section 1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714, 1732. ------DocID 39720 Document 32 of 816------ -CITE- 33 USC Sec. 40 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 40. One Hundred and Two River, Missouri -STATUTE- One Hundred and Two River south of the north boundary line of Andrew County, Missouri, as now located, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Feb. 15, 1910, ch. 31, Sec. 1, 2, 36 Stat. 194.) ------DocID 40916 Document 33 of 816------ -CITE- 33 USC CHAPTER 40 -EXPCITE- TITLE 33 CHAPTER 40 -HEAD- CHAPTER 40 - OIL POLLUTION -MISC1- SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION Sec. 2701. Definitions. 2702. Elements of liability. (a) In general. (b) Covered removal costs and damages. (c) Excluded discharges. (d) Liability of third parties. 2703. Defenses to liability. (a) Complete defenses. (b) Defenses as to particular claimants. (c) Limitation on complete defense. 2704. Limits on liability. (a) General rule. (b) Division of liability for mobile offshore drilling units. (c) Exceptions. (d) Adjusting limits of liability. 2705. Interest. (a) General rule. (b) Period. 2706. Natural resources. (a) Liability. (b) Designation of trustees. (c) Functions of trustees. (d) Measure of damages. (e) Damage assessment regulations. (f) Use of recovered sums. (g) Compliance. 2707. Recovery by foreign claimants. (a) Required showing by foreign claimants. (b) Discharges in foreign countries. (c) 'Foreign claimant' defined. 2708. Recovery by responsible party. (a) In general. (b) Extent of recovery. 2709. Contribution. 2710. Indemnification agreements. (a) Agreements not prohibited. (b) Liability not transferred. (c) Relationship to other causes of action. 2711. Consultation on removal actions. 2712. Uses of Fund. (a) Uses generally. (b) Defense to liability for Fund. (c) Obligation of Fund by Federal officials. (d) Access to Fund by State officials. (e) Regulations. (f) Rights of subrogation. (g) Audits. (h) Period of limitations for claims. (i) Limitation on payment for same costs. (j) Obligation in accordance with plan. (k) Preference for private persons in area affected by discharge. 2713. Claims procedure. (a) Presentation. (b) Presentation to Fund. (c) Election. (d) Uncompensated damages. (e) Procedure for claims against Fund. 2714. Designation of source and advertisement. (a) Designation of source and notification. (b) Advertisement by responsible party or guarantor. (c) Advertisement by President. 2715. Subrogation. (a) In general. (b) Actions on behalf of Fund. 2716. Financial responsibility. (a) Requirement. (b) Sanctions. (c) Offshore facilities. (e) Methods of financial responsibility. (f) Claims against guarantor. (g) Limitation on guarantor's liability. (h) Continuation of regulations. (i) Unified certificate. 2716a. Financial responsibility civil penalties. (a) Administrative. (b) Judicial. 2717. Litigation, jurisdiction, and venue. (a) Review of regulations. (b) Jurisdiction. (c) State court jurisdiction. (d) Assessment and collection of tax. (e) Savings provision. (f) Period of limitations. 2718. Relationship to other law. (a) Preservation of State authorities; Solid Waste Disposal Act. (b) Preservation of State funds. (c) Additional requirements and liabilities; penalties. (d) Federal employee liability. 2719. State financial responsibility. SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS 2731. Oil Spill Recovery Institute. (a) Establishment of Institute. (b) Functions. (c) Advisory board. (d) Scientific and technical committee. (e) Director. (f) Evaluation. (g) Audit. (h) Status of employees. (i) Termination. (j) Use of funds. (k) Research. (l) 'Prince William Sound and its adjacent waters' defined. 2732. Terminal and tanker oversight and monitoring. (a) Short title and findings. (b) Demonstration programs. (c) Oil Terminal Facilities and Oil Tanker Operations Association. (d) Regional Citizens' Advisory Councils. (e) Committee for Terminal and Oil Tanker Operations and Environmental Monitoring. (f) Committee for Oil Spill Prevention, Safety, and Emergency Response. (g) Agency cooperation. (h) Recommendations of Council. (i) Administrative actions. (j) Location and compensation. (k) Funding. (l) Reports. (m) Definitions. (n) Savings clause. (o) Alternative voluntary advisory group in lieu of Council. 2733. Bligh Reef light. 2734. Vessel traffic service system. 2735. Equipment and personnel requirements under tank vessel and facility response plans. (a) In general. (b) Definitions. 2736. Funding. (a) Section 2731. (b) Sections 2733 and 2734. 2737. Limitation. SUBCHAPTER III - MISCELLANEOUS 2751. Savings provision. (a) Cross-references. (b) Continuation of regulations. (c) Rule of construction. (d) Actions and rights. (e) Admiralty and maritime law. 2752. Annual appropriations. (a) Required. (b) Exceptions. 2753. Outer Banks protection. (a) Short title. (b) Findings. (c) Prohibition of oil and gas leasing, exploration, and development. (d) Additional environmental information. (e) Environmental Sciences Review Panel. (f) Authorization of appropriations. SUBCHAPTER IV - OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM 2761. Oil pollution research and development program. (a) Interagency Coordinating Committee on Oil Pollution Research. (b) Oil pollution research and technology plan. (c) Oil pollution research and development program. (d) International cooperation. (e) Biennial reports. (f) Funding. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1321 of this title; title 26 section 9509; title 43 section 1653. ------DocID 41881 Document 34 of 816------ -CITE- 36 USC CHAPTER 40 -EXPCITE- TITLE 36 CHAPTER 40 -HEAD- CHAPTER 40 - NATIONAL WOMAN'S RELIEF CORPS, AUXILIARY TO THE GRAND ARMY OF THE REPUBLIC -MISC1- Sec. 1001. Corporation created. 1002. Completion of organization. 1003. Purposes of corporation. 1004. Powers of corporation. 1005. Membership. 1006. Governing body. 1007. Governing board. (a) Executive officers. (b) Initial officers. (c) Council of administration. 1008. Officers. 1009. Principal office; territorial scope of activities; agent for service of process. 1010. Distribution of income or assets to members; loans. 1011. Nonpolitical nature of corporation. 1012. Liability for acts of officers and agents. 1013. Prohibition against issuance of stock or payment of dividends. 1014. Books and records; inspection. 1015. Repealed. 1016. Annual report. 1017. Exclusive right to name, emblems, seals, and badges. 1018. Acquisition of assets and liabilities of existing corporation. 1019. Use of assets on dissolution or liquidation. 1020. Reservation of right to amend or repeal chapter. ------DocID 43586 Document 35 of 816------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rules 39 and 40 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rules 39 and 40. (Reserved) ------DocID 4061 Document 36 of 816------ -CITE- TABLE OF POPULAR NAMES McKellar-Mead 40-Hour Mail Act -COD- Aug. 14, 1935, ch. 535, 49 Stat. 650 ------DocID 43791 Document 37 of 816------ -CITE- 40 USC CHAPTER 1 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- CHAPTER 1 - PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF COLUMBIA -MISC1- Sec. 1 to 13. Repealed or Omitted. 13a. United States Supreme Court Building. (a) Structural and mechanical care; care and maintenance of grounds; direction of operations, maintenance and repairs; contract authority. (b) Heating and air-conditioning refrigeration expenses; deposits in Treasury of advancements to credit of Capitol Power Plant; electrical energy purchases. 13b. Structural, mechanical, and grounds employees; Supreme Court Building and grounds. 13c. Domestic care and custody; superintendent; Supreme Court Building. 13d. Repealed. 13e. Care and maintenance of Oliver Wendell Holmes Garden. 13f. Supreme Court Building and grounds; policing; designation of members of the Supreme Court Police. 13g. Restriction of public travel; Supreme Court grounds. 13h. Sale of articles; signs; solicitation; Supreme Court Building and grounds. 13i. Injuries to property; Supreme Court Building and grounds. 13j. Firearms or fireworks; speeches; objectionable language; Supreme Court Building and grounds. 13k. Parades or assemblages; display of flags; Supreme Court Building and grounds. 13l. Rules and regulations; posting in public place; availability to public. 13m. Penalties; Supreme Court Building and grounds. 13n. Policing authority. (a) Authority of Marshal of the Supreme Court and Supreme Court Police. (b) Authority of Metropolitan police force of the District of Columbia. (c) Termination of authority; reporting requirements; duties with respect to an official guest of Supreme Court. (d) Definitions. 13o. Suspension of prohibitions against use of Supreme Court grounds. 13p. Area of Supreme Court grounds. 14 to 18a. Repealed. 19. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law; eviction of trespassers. 20 to 22. Repealed or Omitted. 22a. Heat for Corcoran Gallery of Art. 22b. Heat for Board of Governors of the Federal Reserve System. 22c. Rates for heat for non-Federal public buildings. 23 to 30a. Repealed or Omitted. 31. Use of public buildings for public ceremonies. 32 to 33a. Repealed or Omitted. 34. Rent of buildings in District of Columbia; contracts not to be made until appropriation. 35. Rent of other buildings. 36 to 41. Repealed, Omitted, or Transferred. 42. Rooms and accommodations for Office of Personnel Management. 43. Advertisements and sales in or around Washington Monument. 44. Repealed. 45. Chief of Engineers; charge of Washington Aqueduct and other public works. 46. Compensation of Chief of Engineers. 47. Apartments of Chief of Engineers. 48. Obedience to President by Chief of Engineers. 49. Record of property by Chief of Engineers. 50. Reports by Chief of Engineers. 51. Authority of Chief of Engineers. 52. Appeal to Secretary of the Army by Chief of Engineers. 53. Repealed. 53a. MacArthur Boulevard; jurisdiction and control. 54. Moneys for public works; expenditure. 55. Mains or pipes; laying for use of public buildings. 56. Unauthorized opening. 57 to 60. Omitted or Repealed. 60a. Reservation of parking spaces for Members of Congress. 61 to 63. Omitted. 64. Jurisdiction over portion of B Street. 65. Omitted. 66. Improper appropriation of streets. 67. Omitted. 68. Buildings on reservations, parks, or public grounds. 69, 70. Omitted. 71. Physical development of National Capital. (a) General purposes; findings. (b) Definitions. 71a. Federal and District planning agencies in National Capital. (a)(1) National Capital Planning Commission; creation; central Federal agency; functions; excepted functions. (2) Mayor of District of Columbia; central local agency; functions; excepted functions; comprehensive plan for District: procedures for citizen participation and consultations with non-Federal agencies. (3) Comprehensive plan for District; functions of Mayor and Council respecting impact on Federal Establishment. (4) Certifications; incorporation and implementation; Council's action; joint publication of Federal activities elements and District elements; time limitation extension, authority of Council; joint establishment of procedures for consultations throughout planning process. (b) National Capital Planning Commission; official members; citizen members: qualifications, terms of office, vacancies, compensation. (c) Chairman; officers; Director and other personnel; employment of city planners, architects, etc.; compensation. (d) Advisory and coordinating committees; participation by representatives of planning and developmental agencies. (e) General scope of functions. 71b. Omitted. 71c. Comprehensive plan for the National Capital. (a) Preparation and adoption by Commission. (b), (c) Repealed. (d) Progressive adoption, amendment, or review. (e) Consultation with interested agencies; hearings; citizen advisory councils. 71d. Proposed Federal and District developments and projects. (a) Consultations between agencies and Commission; procedure. (b) Exceptions to consultation procedure. (c) Approval of District Government buildings within central area; time for transmittal of approval or disapproval of such buildings. (d) Additional procedure for consultation on developments and projects within environs. (e) Intent of section; interchange of plans, data, etc. 71e. Repealed. 71f. Capital improvements. (a) Six-year program of public works; recommendations and annual review; submission of advance programs. (b) Submission of multiyear capital improvement plan. 71g. Zoning regulations and maps, and subdivision of lands. (a) Amendments of zoning regulations and maps. (b) Further reports on proposed amendments. (c) Performance of functions by Zoning Committee of National Capital Planning Commission. (d) Recommendations as to platting and subdividing lands; procedure. 71h. Transfer of functions to Commission. 71i. Authorization of appropriations to carry out sections 71 to 71i. 72. Acquisition of land by Commission. 72a. Acquisition of land by Commission subject to limited rights reserved to grantor; acquisition of limited permanent rights in land adjoining park property. 72b. Lease of lands acquired for park, parkway, or playground purposes. 72c. Power to sell lands. 72d. Expenses of land sales. 72e. Execution of deeds to lands. 73. Authorization of appropriations for expenses, and acquisition of lands by Commission; assignment of playground areas; control of lands outside District. 74. Annual reports of Commission to Congress; estimates for Office of Management and Budget. 74a. Sale by the Secretary of the Interior of lands no longer needed for public purposes. 74b. Sale to highest bidder; rights of abutting owner. 74c. Expenses of sale; disposition of proceeds. 75 to 78. Omitted or Repealed. 79. Transfers of jurisdiction between Director of National Park Service and Mayor of District of Columbia. 80, 81. Omitted. 82. Public spaces resulting from filling of canals under jurisdiction of Director. 83 to 88. Omitted. 89. Potomac Park; temporary occupancy by Department of Agriculture. 90 to 99. Omitted or Repealed. 100. Part of Washington Aqueduct for playground purposes. 101. Laws of District extended to public buildings and grounds. 102. Ailanthus trees prohibited. 103. Trees, shrubs, and plants, in greenhouses and nursery. 104. Commission of Fine Arts. 105. Secretary and executive officer. 106. Authorization of appropriations. 107 to 112a. Omitted or Repealed. 113. Delivery of fuel for use during ensuing fiscal year. 114 to 120. Repealed or Omitted. 121. Regulation of height, design, and construction of private and semipublic buildings adjacent to public buildings and grounds; building permits. 122. Jurisdiction over public lands; transfer by Federal and District authorities. 123. Effect of section 122 on existing laws. 124. Theodore Roosevelt Island; administration; development. 125. Means of access; care, maintenance, and improvements; appropriation; Theodore Roosevelt Island. 126. Erection of monument or memorial and related structures; authorization of appropriations; Theodore Roosevelt Island. 127. Designation in documents, etc.; Theodore Roosevelt Island. 128. Approval by Administrator of General Services of sketches, plans, and estimates of buildings; exemptions. 129. Lease of building space by wholly owned Government corporations; rental. 129a. Courthouse construction authorized; cost; repayment to United States. 130. Courthouse for United States Court of Appeals and United States District Court for the District of Columbia; maintenance and operation; allocation of space. 130a. Authorization of appropriations. 131. Development of Washington metropolitan region; necessity for coordination. 132. Declaration of policy; coordinated development and management. 133. Priority projects; water supply, sewage disposal, water pollution, and transportation. 134. Study of final report of Joint Committee on Washington Metropolitan Problems; recommendations. 135. 'Washington metropolitan region' defined. 136. National Capital Service Area. (a) Establishment. (b) National Capital Service Director. (c) Personnel; compensation. (d) Omitted. (e) Presidential report to Congress. (f) Boundaries. (g) Presidential survey; map and description. (h) Creation of National Capital Service Area not to affect existing provisions covering buildings and grounds within Area; availability of services and facilities. (i) Continued application of laws, rules, and regulations covering areas within National Capital Service Area. (j) Residency within National Capital Service Area. -CROSS- CROSS REFERENCES Reorganization of Executive Agencies, see Executive Order No. 6166, Sec. 1, 2, promulgated June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. Right of action for death or personal injury within national park or other place under exclusive jurisdiction of United States or governed by State laws, see section 457 of Title 16, Conservation. ------DocID 43792 Document 38 of 816------ -CITE- 40 USC Sec. 1 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 1. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644 -MISC1- Section, act Mar. 1, 1919, ch. 86, Sec. 10, 40 Stat. 1269, related to control and allotment of space in public buildings in District of Columbia. ------DocID 43793 Document 39 of 816------ -CITE- 40 USC Sec. 1a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 1a. Repealed. June 30, 1949, ch. 288, title I, Sec. 103(b), 63 Stat. 380 -MISC1- Section, act July 9, 1943, ch. 210, 57 Stat. 390, related to compensation of former Commissioner of Public Buildings. EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1949, pursuant to section 505 of act June 30, 1949. ------DocID 43794 Document 40 of 816------ -CITE- 40 USC Sec. 2 to 5 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 2 to 5. Omitted -COD- CODIFICATION Section 2, act Feb. 26, 1925, ch. 339, Sec. 1, 43 Stat. 983, which established the Office of Public Buildings and Public Parks of the National Capital, was omitted in view of abolition of this office and transfer of its functions to the National Park Service by Ex. Ord. No. 6166, Sec. 2, June 10, 1933, set out under section 901 of Title 5, Government Organization and Employees. Section 3, acts Feb. 26, 1925, ch. 339, Sec. 2, 43 Stat. 983; July 3, 1930, ch. 846, 46 Stat. 907; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389, which abolished the commission in charge of Department of State Building and transferred duties of commission and superintendent thereof to Director of National Park Service, was omitted in view of transfer of functions of National Park Service to Public Buildings Administration in Federal Works Agency by Reorg. Plan No. I of 1939, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, set out in the Appendix to Title 5, Government Organization and Employees, and the subsequent abolition of Federal Works Agency and transfer of its functions to Administrator of General Services Administration by act June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380, which enacted section 753 of this title. Section 4, act Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389, abolished the Office of Public Buildings and Grounds and transferred its functions and duties to Director of the National Park System. See note set out under section 3 of this title. Section 5, act Feb. 26, 1925, ch. 339, Sec. 4, 43 Stat. 983, provided officers and employees for Office of Public Buildings and Public Parks of the National Capital. See note for section 2 of this title. ------DocID 43795 Document 41 of 816------ -CITE- 40 USC Sec. 5a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 5a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(73), 65 Stat. 704 -MISC1- Section, act July 19, 1932, ch. 510, 47 Stat. 705, related to employment of landscape architects, architects, engineers, artists, etc., in connection with public buildings in the National Capital. See section 758 of this title. ------DocID 43796 Document 42 of 816------ -CITE- 40 USC Sec. 6 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 6. Omitted -COD- CODIFICATION Section, act Feb. 26, 1925, ch. 339, Sec. 6, 43 Stat. 984, related to the Office of Public Buildings and Public Parks of the National Capital, which was abolished by Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. ------DocID 43797 Document 43 of 816------ -CITE- 40 USC Sec. 7 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 7. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(74), 65 Stat. 704 -MISC1- Section, act July 8, 1918, ch. 139, 40 Stat. 831, related to distribution of building employees among various government office buildings. See section 754 of this title. ------DocID 43798 Document 44 of 816------ -CITE- 40 USC Sec. 7a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 7a. Omitted -COD- CODIFICATION Section, acts June 26, 1934, ch. 145, title I, 57 Stat. 176; June 27, 1944, ch. 286, title I, 58 Stat. 367; May 3, 1945, ch. 106, title I, 59 Stat. 112; Mar. 28, 1946, ch. 113, title I, 60 Stat. 65, which related to appointment of personnel by Commissioner of Public Buildings, was omitted in view of the abolition of the office of Commissioner of Public Buildings by act June 30, 1949, ch. 288, title I, Sec. 103(b), 63 Stat. 380, effective July 1, 1949. See section 758 of this title. ------DocID 43799 Document 45 of 816------ -CITE- 40 USC Sec. 8 to 13 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 8 to 13. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(75)- (80), 65 Stat. 704 -MISC1- Section 8, R.S. Sec. 1798; acts Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, related to expenditures made for repairs and improvements of public buildings and grounds in the District of Columbia. Section 9, acts Mar. 3, 1883, ch. 128, 22 Stat. 553; Feb. 26, 1925, ch. 339, Sec. 2, 43 Stat. 983; July 3, 1930, ch. 846, 46 Stat. 907; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, directed the Federal Works Administrator to be in charge of care and maintenance of Department of State Building. Section 10, acts May 22, 1908, ch. 186, 35 Stat. 218; Mar. 28, 1918, ch. 28, Sec. 1, 40 Stat. 482; June 4, 1918, ch. 92, 40 Stat. 598; Feb. 26, 1925, ch. 339, Sec. 2, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, authorized the Federal Works Administrator to act as superintendent of certain annex buildings. Section 11, acts Mar. 28, 1918, ch. 28, 40 Stat. 483; June 4, 1918, ch. 92, 40 Stat. 598; Feb. 26, 1925, ch. 339, Sec. 2, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, directed the Federal Works Administrator to be in charge of care and maintenance of certain temporary office buildings. Section 12, acts May 24, 1922, ch. 199, 42 Stat. 554; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care and maintenance of Interior Department, Pension Office, Patent Office, and General Land Office to Federal Works Administrator. Section 13, acts Feb. 13, 1923, ch. 72, 42 Stat. 1239; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care and maintenance of Department of Justice buildings to Federal Works Administrator. ------DocID 43800 Document 46 of 816------ -CITE- 40 USC Sec. 13a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13a. United States Supreme Court Building -STATUTE- (a) Structural and mechanical care; care and maintenance of grounds; direction of operations, maintenance and repairs; contract authority The Architect of the Capitol shall have charge of the structural and mechanical care of the United States Supreme Court Building, including the care and maintenance of the grounds, and the supplying of all mechanical furnishings and mechanical equipment for the building. The operation and maintenance of the mechanical equipment and repair of the building shall be performed under his direction and he is authorized to enter into all necessary contracts. (b) Heating and air-conditioning refrigeration expenses; deposits in Treasury of advancements to credit of Capitol Power Plant; electrical energy purchases In addition to the foregoing, any funds hereafter appropriated under authority of sections 13a to 13c of this title shall be available also for expenses of heating and air-conditioning refrigeration supplied by the Capitol Power Plant, advancements for which shall be made and deposited in the Treasury to the credit of appropriations hereafter provided for the Capitol Power Plant; and for the purchase of electrical energy. -SOURCE- (May 7, 1934, ch. 222, Sec. 1, 48 Stat. 668; Oct. 10, 1978, Pub. L. 95-431, title IV, 92 Stat. 1036.) -COD- CODIFICATION Existing provisions were editorially designated subsec. (a) in view of amendment by Pub. L. 95-431 which added subsec. (b) without designating existing provisions as subsec. (a). -MISC3- AMENDMENTS 1978 - Subsec. (b). Pub. L. 95-431 added subsec. (b). CARE OF BUILDING AND GROUNDS Pub. L. 101-162, title IV, Nov. 21, 1989, 103 Stat. 1010, provided: 'That for fiscal year 1990 and hereafter, funds appropriated under this heading (Supreme Court of the United States and care of the building and grounds) shall be available for improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances; special clothing for workmen; and personal and other services (including temporary labor without regard to the Classification and Retirement Acts, as amended); and for snow removal by hire of men and equipment or under contract, and for the replacement of electrical transformers containing polychlorinated biphenyls, both without compliance with section 3709 of the Revised Statutes, as amended (41 U.S.C. 5).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13b, 1204 of this title. ------DocID 43801 Document 47 of 816------ -CITE- 40 USC Sec. 13b -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13b. Structural, mechanical, and grounds employees; Supreme Court Building and grounds -STATUTE- Employees required for the performance of the provisions of section 13a(a) of this title shall be (a) appointed by the Architect of the Capitol with the approval of the Chief Justice of the United States; (b) compensated in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5; and (c) be subject to the provisions of subchapter III of chapter 83 of title 5. -SOURCE- (May 7, 1934, ch. 222, Sec. 2, 48 Stat. 668; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Oct. 10, 1978, Pub. L. 95-431, title IV, 92 Stat. 1036.) -COD- CODIFICATION In clause (b), 'chapter 51 and subchapter III of chapter 53 of title 5' substituted for 'the Classification of 1949, as amended' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. In clause (c), 'subchapter III of chapter 83 of title 5' substituted for 'the Act entitled 'An Act for the retirement of employees in the classified civil service, and for other purposes' approved May 22, 1920, as amended (U.S.C., title 5, ch. 14)' to reflect the enactment of Title 5 by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. -MISC3- AMENDMENTS 1978 - Pub. L. 95-431 substituted 'section 13a(a) of this title' for 'the foregoing' which had been translated as 'the provisions of section 13a of this title'. 1949 - Act Oct. 28, 1949, substituted 'Classification Act of 1949' for 'Classification Act of 1923'. REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. ------DocID 43802 Document 48 of 816------ -CITE- 40 USC Sec. 13c -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13c. Domestic care and custody; superintendent; Supreme Court Building -STATUTE- All other duties and work required for the operation, domestic care, and custody of the building shall be performed under the direction of the Marshal of the Supreme Court of the United States, who shall be superintendent of the United States Supreme Court Building. -SOURCE- (May 7, 1934, ch. 222, Sec. 3, 48 Stat. 668; June 25, 1948, ch. 646, Sec. 27, 62 Stat. 990.) -MISC1- AMENDMENTS 1948 - Act June 25, 1948, struck out provision relating to custodial employees. See section 672 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. ------DocID 43803 Document 49 of 816------ -CITE- 40 USC Sec. 13d -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13d. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992 -MISC1- Section, act May 7, 1934, ch. 222, Sec. 4, 48 Stat. 668, related to disbursement of appropriations by Marshal. See section 672 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948. ------DocID 43804 Document 50 of 816------ -CITE- 40 USC Sec. 13e -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13e. Care and maintenance of Oliver Wendell Holmes Garden -STATUTE- After the completion and dedication of the Oliver Wendell Holmes Garden, it shall be maintained and cared for by the Architect of the Capitol in accordance with the provisions of law applicable with respect to the maintenance and care of the grounds of the United States Supreme Court Building. -SOURCE- (Oct. 22, 1940, ch. 908, Sec. 6, 54 Stat. 1208.) -CROSS- CROSS REFERENCES Maintenance and care of Supreme Court Building, see sections 13a to 13c of this title and section 672 of Title 28, Judiciary and Judicial Procedure. ------DocID 43805 Document 51 of 816------ -CITE- 40 USC Sec. 13f -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13f. Supreme Court Building and grounds; policing; designation of members of the Supreme Court Police -STATUTE- The Marshal of the Supreme Court of the United States, under the general supervision and direction of the Chief Justice of the United States, may designate employees of the Supreme Court as members of the Supreme Court Police, without additional compensation. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 1, 63 Stat. 616; Dec. 29, 1982, Pub. L. 97-390, Sec. 1(a), 96 Stat. 1957.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-390 substituted 'members of the Supreme Court Police' for 'special policemen' and struck out provisions relating to duties of such special policemen. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13n, 13p of this title. ------DocID 43806 Document 52 of 816------ -CITE- 40 USC Sec. 13g -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13g. Restriction of public travel; Supreme Court grounds -STATUTE- Public travel in and occupancy of the Supreme Court grounds is restricted to the sidewalks and other paved surfaces. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 2, 63 Stat. 616.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title. ------DocID 43807 Document 53 of 816------ -CITE- 40 USC Sec. 13h -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13h. Sale of articles; signs; solicitation; Supreme Court Building and grounds -STATUTE- It shall be unlawful to offer or expose any article for sale in the Supreme Court Building or grounds; to display any sign, placard, or other form of advertisement therein; or to solicit fares, alms, subscriptions, or contributions therein. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 3, 63 Stat. 616.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title. ------DocID 43808 Document 54 of 816------ -CITE- 40 USC Sec. 13i -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13i. Injuries to property; Supreme Court Building and grounds -STATUTE- It shall be unlawful to step or climb upon, remove, or in any way injure any statue, seat, wall, fountain, (FOOTNOTE 1) or other erection or architectural feature, or any tree, shrub, plant, or turf in the Supreme Court Building or grounds. (FOOTNOTE 1) See Codification note below. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 4, 63 Stat. 617.) -COD- CODIFICATION The word 'fountain', appearing in text, conforms to the original text as signed into law by the President. Typographical error was made in printing the law in the Statutes-at-Large (63 Stat. 617) wherein the word appears as 'foundation'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title. ------DocID 43809 Document 55 of 816------ -CITE- 40 USC Sec. 13j -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13j. Firearms or fireworks; speeches; objectionable language; Supreme Court Building and grounds -STATUTE- It shall be unlawful to discharge any firearm, firework or explosive, set fire to any combustible, make any harangue or oration, or utter loud, threatening, or abusive language in the Supreme Court Building or grounds. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 5, 63 Stat. 617.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title. ------DocID 43810 Document 56 of 816------ -CITE- 40 USC Sec. 13k -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13k. Parades or assemblages; display of flags; Supreme Court Building and grounds -STATUTE- It shall be unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 6, 63 Stat. 617.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title. ------DocID 43811 Document 57 of 816------ -CITE- 40 USC Sec. 13l -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13l. Rules and regulations; posting in public place; availability to public -STATUTE- (a) In addition to the restrictions and requirements specified in sections 13g to 13k of this title, the Marshal of the Supreme Court may prescribe such regulations, approved by the Chief Justice of the United States, as may be deemed necessary for the adequate protection of the Supreme Court Building and grounds and of persons and property therein, and for the maintenance of suitable order and decorum within the Supreme Court Building and grounds. (b) All regulations prescribed under this section shall be posted in a public place at the Supreme Court Building and shall be made reasonably available to the public in writing. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 7, 63 Stat. 617; Dec. 29, 1982, Pub. L. 97-390, Sec. 1(b), 96 Stat. 1957.) -MISC1- AMENDMENTS 1982 - Subsec. (b). Pub. L. 97-390 substituted 'prescribed under this section shall be posted in a public place at the Supreme Court Building and shall be made reasonable available to the public in writing' for 'promulgated under the authority of this section shall be printed in one or more of the daily newspapers published in the District of Columbia, and shall not become effective until the expiration of ten days after the date of such publication'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13m, 13n, 13p of this title. ------DocID 43812 Document 58 of 816------ -CITE- 40 USC Sec. 13m -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13m. Penalties; Supreme Court Building and grounds -STATUTE- Whoever violates any provision of sections 13g to 13k of this title, or of any regulation prescribed under section 13l of this title, shall be fined not more than $100 or imprisoned not more than sixty days, or both, prosecution for such offenses to be had in the Superior Court of the District of Columbia, upon information by the United States Attorney or any of his assistants: Provided, That in any case where, in the commission of any such offense, public property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than five years. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 8, 63 Stat. 617; Oct. 23, 1962, Pub. L. 87-873, Sec. 1, 76 Stat. 1171; July 8, 1963, Pub. L. 88-60, Sec. 1, 77 Stat. 77; July 29, 1970, Pub. L. 91-358, title I, Sec. 111, 84 Stat. 475.) -CHANGE- CHANGE OF NAME 'District of Columbia Court of General Sessions' changed to 'Superior Court of the District of Columbia' pursuant to Pub. L. 91-358, which provided that such change is effective first day of seventh calendar month which begins after July 29, 1970. Municipal Court for the District of Columbia redesignated District of Columbia Court of General Sessions by Pub. L. 87-873, Sec. 1, Oct. 23, 1962, 76 Stat. 1171, and Pub. L. 88-60, Sec. 1, July 8, 1963, 77 Stat. 77. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13n, 13p of this title. ------DocID 43813 Document 59 of 816------ -CITE- 40 USC Sec. 13n -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13n. Policing authority -STATUTE- (a) Authority of Marshal of the Supreme Court and Supreme Court Police The Marshal of the Supreme Court and the Supreme Court Police shall have authority, in accordance with regulations prescribed by the Marshal and approved by the Chief Justice of the United States - (1) to police the Supreme Court Building and grounds, and adjacent streets for the purpose of protecting persons and property; (2) in any part of the United States, to protect - (A) the person of the Chief Justice of the United States, any Associate Justice of the Supreme Court, and any official guest of the Supreme Court; and (B) the person of any officer or employee of the Supreme Court while such officer or employee is engaged in the performance of official duties; (3) in the performance of duties necessary for carrying out paragraph (1) of this subsection, to make arrests for any violation of a law of the United States or any State and any regulation under such law; (4) in the performance of duties necessary for carrying out paragraph (2) of this subsection, to make arrests for any violation of a law of the United States and any regulation under such law; and (5) to carry firearms as may be required for the performance of duties under sections 13f to 13p of this title. (b) Authority of Metropolitan police force of the District of Columbia The Metropolitan police force of the District of Columbia are (FOOTNOTE 1) authorized to make arrests within the Supreme Court Building and grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Marshal of the Supreme Court or his assistants, to enter the Supreme Court Building to make arrests in response to complaints or to serve warrants or to patrol the Supreme Court Building or grounds. (FOOTNOTE 1) So in original. Probably should be 'is'. (c) Termination of authority; reporting requirements; duties with respect to an official guest of Supreme Court The authority created under subsection (a)(2) of this section shall expire on December 29, 1993. The Marshal of the Supreme Court shall report annually to the Congress on March 1 regarding the administrative cost of carrying out his duties under such subsection. Duties under subsection (a)(2)(A) of this section with respect to an official guest of the Supreme Court in any part of the United States (other than the District of Columbia, Maryland, and Virginia) shall be authorized in writing by the Chief Justice of the United States or an Associate Justice of the Supreme Court, if such duties require the carrying of firearms under subsection (a)(5) of this section. (d) Definitions As used in sections 13f to 13p of this title, the term - (1) 'official guest of the Supreme Court' means an individual who is a guest of the Supreme Court, as determined by the Chief Justice of the United States or any Associate Justice of the Supreme Court; (2) 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; and (3) 'United States', when used in a geographical sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 9, 63 Stat. 617; Dec. 24, 1973, Pub. L. 93-198, title VII, Sec. 739(g)(8), 87 Stat. 829; Dec. 29, 1982, Pub. L. 97-390, Sec. 1(c), 96 Stat. 1957; Dec. 26, 1985, Pub. L. 99-218, 99 Stat. 1729; Oct. 16, 1986, Pub. L. 99-492, Sec. 1, 100 Stat. 1240; Oct. 25, 1990, Pub. L. 101-462, 104 Stat. 1079.) -MISC1- AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-462 substituted '1993' for '1990'. 1986 - Subsec. (c). Pub. L. 99-492 substituted 'on December 29, 1990' for 'one year after the date of the enactment of this subsection'. 1985 - Subsec. (c). Pub. L. 99-218, in amending subsec. (c) generally, substituted 'one year after December 26, 1985' for 'three years after December 29, 1982', and struck out 'During the three-year effective period of subsection (a)(2) of this section' before 'The Marshal of the Supreme Court shall report'. 1982 - Subsec. (a). Pub. L. 97-390, Sec. 1(c)(1), substituted provisions of subsec. (a) for provisions formerly preceding proviso which read as follows: 'The special police provided for in section 13f of this title shall have the power, within the Supreme Court Building and grounds and adjacent streets, to enforce and make arrests for violations of any provision of sections 13g to 13k of this title, or any regulation prescribed under section 13l of this title or of any law of the United States, any law of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto'. Subsec. (b). Pub. L. 97-390, Sec. 1(c)(1), designated as subsec. (b) the provisions formerly set out in the form of a proviso dealing with the authority of the Metropolitan police force of the District of Columbia. Subsecs. (c), (d). Pub. L. 97-390, Sec. 1(c)(2), added subsecs. (c) and (d). 1973 - Pub. L. 93-198 substituted ', any law of the District of Columbia, or of any State,' for 'or of any State'. EFFECTIVE DATE OF 1973 AMENDMENT Section 771 of Pub. L. 93-198 provided that the amendment made by Pub. L. 93-198 is effective Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 13p of this title. ------DocID 43814 Document 60 of 816------ -CITE- 40 USC Sec. 13o -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13o. Suspension of prohibitions against use of Supreme Court grounds -STATUTE- In order to permit the observance of authorized ceremonies within the Supreme Court Building and grounds, the Marshal of the Supreme Court of the United States may suspend for such occasions so much of the prohibitions contained in sections 13g to 13k of this title, as may be necessary for the occasion, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Marshal, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the Supreme Court Building and grounds and of persons and property therein. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 10, 63 Stat. 617.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13n, 13p of this title. ------DocID 43815 Document 61 of 816------ -CITE- 40 USC Sec. 13p -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13p. Area of Supreme Court grounds -STATUTE- For the purposes of sections 13f to 13p of this title the Supreme Court grounds shall be held to extend to the line of the face of the east curb of First Street Northeast, between Maryland Avenue Northeast and East Capitol Street; to the line of the face of the south curb of Maryland Avenue Northeast, between First Street Northeast and Second Street Northeast; to the line of the face of the west curb of Second Street Northeast, between Maryland Avenue Northeast and East Capitol Street; and to the line of the face of the north curb of East Capitol Street between First Street Northeast and Second Street Northeast. In addition to the property referred to in the preceding sentence, for the purposes of sections 13f to 13p of this title, the Supreme Court grounds are comprised of any property under the custody and control of the Supreme Court as part of the Supreme Court grounds, including property acquired as provided by law on behalf of the United States in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as an addition to the grounds of the United States Supreme Court Building. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 11, 63 Stat. 617; Dec. 29, 1982, Pub. L. 97-390, Sec. 1(d), 96 Stat. 1958.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-390 inserted provision that in addition to the property already referred to, for the purposes of sections 13f to 13p of this title, the Supreme Court grounds are comprised of any property under the custody and control of the Supreme Court as part of the Supreme Court grounds, including property acquired as provided by law on behalf of the United States in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as an addition to the grounds of the United States Supreme Court Building. UNITED STATES SUPREME COURT BUILDING; ACQUISITION OF CERTAIN REAL PROPERTY Pub. L. 96-532, Dec. 15, 1980, 94 Stat. 3130, as amended by Pub. L. 97-390, Sec. 3, Dec. 29, 1982, 96 Stat. 1958, provided: 'That the Architect of the Capitol is authorized to acquire on behalf of the United States by purchase, condemnation, transfer, or otherwise, as an addition to the grounds of the United States Supreme Court Building, all privately owned real property contained in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia, as such lots appear on the records in the office of the Surveyor of the District of Columbia as of the date of the enactment of this Act (Dec. 15, 1980). 'Sec. 2. The acquisition of real property under this Act shall be conducted in accordance with the Act entitled 'Uniform Relocation Assistance and Land Acquisition Policies Act of 1970', Public Law 91-646, approved January 2, 1971 (42 U.S.C. 4601 et seq.), and any proceeding for condemnation brought in its course shall be conducted in accordance with the Act entitled 'An Act to provide for the acquisition of land in the District of Columbia for the use of the United States', approved March 1, 1929 (16 D.C. Code, secs. 1351-1368). 'Sec. 3. Upon acquisition of such real property by the Architect of the Capitol, on behalf of the United States, such property shall become a part of the grounds of the United States Supreme Court Building and shall be subject to all of the provisions of the Act entitled 'An Act to provide for the custody and maintenance of the United States Supreme Court Building and the equipment and grounds thereof', approved May 7, 1934 (40 U.S.C. 13a-13c), and section 6 of the joint resolution entitled 'Joint resolution to provide for the use and disposition of the bequest of the late Justice Oliver Wendell Holmes to the United States, and for other purposes', approved October 22, 1940 (40 U.S.C. 13e). 'Sec. 4. The Architect of the Capitol is authorized to enter into contracts and to make expenditures for grading and paving and such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of this Act. 'Sec. 5. There is hereby authorized to be appropriated the sum of $645,000 for fiscal year 1981 for the purpose of carrying out the provisions of this Act, said appropriation to remain available until expended.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13n, 136 of this title. ------DocID 43816 Document 62 of 816------ -CITE- 40 USC Sec. 14 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 14. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(80), 65 Stat. 704 -MISC1- Section, act Feb. 13, 1923, ch. 72, 42 Stat. 1239, related to care, maintenance, etc., of Department of Commerce buildings. ------DocID 43817 Document 63 of 816------ -CITE- 40 USC Sec. 14a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 14a. Repealed. Pub. L. 92-317, Sec. 3(f), June 22, 1972, 86 Stat. 235 -MISC1- Section, act Apr. 29, 1926, ch. 195, title III, 44 Stat. 356, related to care, maintenance etc., of Bureau of Standards building. See section 278e of Title 15, Commerce and Trade. ------DocID 43818 Document 64 of 816------ -CITE- 40 USC Sec. 15 to 18 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 15 to 18. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(80), (81), 65 Stat. 704 -MISC1- Section 15, acts Feb. 13, 1923, ch. 72, 42 Stat. 1239; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Labor Department Buildings to the Federal Works Administrator. Section 16, acts Apr. 4, 1924, ch. 84, title I, 43 Stat. 66; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Treasury Department Annex building to the Federal Works Administrator. Section 17, acts Feb. 13, 1923, ch. 72, 42 Stat. 1240; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Civil Service Commission buildings to the Federal Works Administrator. Section 18, acts Feb. 13, 1923, ch. 72, 42 Stat. 1240; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Interstate Commerce Commission buildings to the Federal Works Administrator. ------DocID 43819 Document 65 of 816------ -CITE- 40 USC Sec. 18a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 18a. Repealed. May 27, 1930, ch. 341, 46 Stat. 394 -MISC1- Section, act Mar. 4, 1929, ch. 707, Sec. 1, 45 Stat. 1625, related to care, maintenance, etc., of Mount Weather, Virginia. ------DocID 43820 Document 66 of 816------ -CITE- 40 USC Sec. 19 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 19. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law; eviction of trespassers -STATUTE- The Administrator of General Services shall have charge of the public buildings and grounds in the District of Columbia, under such regulations as may be prescribed by the President, except those buildings and grounds which are otherwise provided for by law; and when it shall be made to appear to the said Administrator of General Services, or to the officer under his direction having immediate charge of said public buildings and grounds, that any person or persons is in unlawful occupation of any portion of said public lands in the District of Columbia, it shall be the duty of said officer in charge thereof to notify the marshal of the District of Columbia in writing of such unlawful occupation, and the said marshal shall thereupon cause the said trespasser or trespassers to be ejected from said lands, and shall restore possession of the same to the officer charged by law with the custody thereof. -SOURCE- (R.S. 1797; Apr. 28, 1902, ch. 594, 32 Stat. 152; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, Sec. 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.) -COD- CODIFICATION R.S. Sec. 1797 derived from acts Aug. 4, 1854, ch. 242, Sec. 15, 10 Stat. 573; Mar. 2, 1867, ch. 167, Sec. 2, 14 Stat. 466; Feb. 14, 1874, ch. 22, 18 Stat. 14. R.S. Sec. 1797, as amended by act Apr. 28, 1902, gave the charge of public buildings and grounds in the District of Columbia to the Chief of Engineers. The former contained only the provision that the Chief of Engineers should have charge of public buildings and grounds and ended with the words, 'otherwise provided for by law.' The amendatory act of 1902 added the provisions beginning with the words, 'and when it shall be made to appear,' etc., to the end of the section. -TRANS- TRANSFER OF FUNCTIONS Functions with respect to the operation, maintenance, and custody of office buildings owned by Government and of office or parts thereof acquired by lease, including those post-office buildings which, as determined by Director of Bureau of the Budget, are not used predominantly for post-office purposes, with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by section 2 of Reorg. Plan No. 18 of 1950, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan. Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. Functions of Director of National Park Service relating to public buildings transferred to Federal Works Administrator by section 303(b) of Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. Sections 301 and 303 of that Plan also transferred Public Buildings Branch of Procurement Division in Treasury Department, to Public Buildings Administration, at head of which was Commissioner of Public Buildings who acted under direction and supervision of Federal Works Administrator. Office of Public Buildings and Public Parks of National Capital abolished and functions thereof transferred to Office of National Parks, Buildings and Reservations of Department of the Interior by Ex. Ord. No. 6166, set out as a note under section 901 of Title 5. Name of Office of National Parks, Buildings and Reservations changed to 'National Park Service' by act Mar. 2, 1934. Office of Public Buildings and Grounds under Chief of Engineers abolished and functions of Chief of Engineers and of Secretary of War with respect thereto transferred to Director of Public Buildings and Public Parks of National Capital by act Feb. 26, 1925. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -MISC5- TRANSFER OF TITLE OF WHOLLY OWNED GOVERNMENT CORPORATIONS' BUILDINGS; CONTROL AND ALLOTMENT OF SPACE Act July 30, 1947, ch. 358, title III, Sec. 306, 61 Stat. 584, provided in part: 'Title to all office buildings at the seat of government, which are owned by wholly owned Government corporations, and all right, title, or interest of such corporations in the land upon which such buildings are located are hereby transferred to the United States, and the Secretary of the Treasury is authorized and directed to discharge the indebtedness to the Treasury of any corporation holding such rights, title, or interests in any such land or building to the value thereof as determined by the Secretary of the Treasury as of the date of transfer: Provided, That in case of disagreement on the part of the head of the Corporation with respect to said value as determined, the Administrator of the Federal Works Agency shall make a final determination of the property value. Hereafter, such buildings shall be controlled and managed in the same manner as prescribed in the Act of March 1, 1919, as amended (former section 1 of this title).' -CROSS- CROSS REFERENCES Draping of public buildings in mourning, see section 286 of this title. Improper use of streets, see section 66 of this title. Lease of building space by wholly owned Government corporations, and rental, see section 129 of this title. Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. Use of buildings for public ceremonies, see section 31 of this title. Vending stands for blind in Federal buildings, see section 107 et seq. of Title 20, Education. ------DocID 43821 Document 67 of 816------ -CITE- 40 USC Sec. 20, 21 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 20, 21. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(79), (82), 65 Stat. 704 -MISC1- Section 20, R.S. Sec. 1812, related to an annual report of operations in connection with public buildings and grounds. See section 492 of this title. Section 21, act May 24, 1922, ch. 199, 42 Stat. 554, related to manufacture and sale of ice, electricity, and steam to executive departments and independent agencies. ------DocID 43822 Document 68 of 816------ -CITE- 40 USC Sec. 22 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 22. Omitted -COD- CODIFICATION Section, acts June 23, 1913, ch. 3, 38 Stat. 25; June 12, 1917, ch. 27, 40 Stat. 112; July 3, 1930, ch. 846, 46 Stat. 907, authorized construction of a central heating, lighting, and power plant to furnish heat, light, and power for certain buildings in Washington, D.C. Act June 12, 1917, ch. 27, 40 Stat. 112, authorized Secretary of the Treasury, in his discretion, to include among the buildings supplied by the central heating, lighting, and power plant, the Pan American Building, the building occupied by the Civil Service Commission, and the municipal fish market. Act Mar. 4, 1931, ch. 522, 46 Stat. 1604, provided an appropriation for a central heating plant for buildings in the Triangle, the Treasury group, Museum group, Department of Agriculture group, Bureau of Engraving and Printing group, and the Washington Monument, in lieu of the requirement under act June 23, 1913, supra, as amended. Act Mar. 3, 1933, ch. 212, 47 Stat. 1502, purported to amend act Mar. 4, 1931, supra, 'so as to include the Pan American Union Buildings, old and new, and the American Red Cross Building: Provided, That the Pan American Union and the American Red Cross agree (a) to reimburse the United States for the cost of connecting such buildings with the Government mains, and (b) to pay for heat furnished at such rates, not less than cost, as may be determined by the Secretary of the Treasury.' ------DocID 43823 Document 69 of 816------ -CITE- 40 USC Sec. 22a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 22a. Heat for Corcoran Gallery of Art -STATUTE- The Administrator of General Services is authorized to furnish heat from the Central Heating Plant to the Corcoran Gallery of Art: Provided, That the proper authority of such institution agrees (a) to pay for heat furnished at such rates, not less than cost, as may be determined by the Administrator of General Services, and (b) to connect such building with the Government mains in a manner satisfactory to the Administrator of General Services. -SOURCE- (June 19, 1934, ch. 648, title I, 48 Stat. 1044; 1939 Reorg. Plan No. I, Sec. 301, 303, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, Sec. 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions to General Services Administrator, see note set out under section 19 of this title. This section originally authorized Treasury Department to furnish heat from Central Heating Plant under act June 19, 1934. Public Buildings Branch of Procurement Division in Treasury Department and its functions and personnel transferred to Public Buildings Administration of Federal Works Agency by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. ------DocID 43824 Document 70 of 816------ -CITE- 40 USC Sec. 22b -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 22b. Heat for Board of Governors of the Federal Reserve System -STATUTE- The Administrator of General Services is authorized to furnish steam from the central heating plant for the use of the Board of Governors of the Federal Reserve System on the property which has been acquired by it in squares east of 87 and east of 88 in the District of Columbia: Provided, That the Board of Governors of the Federal Reserve System agrees to pay for the steam furnished at reasonable rates, not less than cost, as may be determined by the Administrator of General Services: Provided further, That the Board of Governors of the Federal Reserve System agrees to provide the necessary connections with the Government mains at its own expense and in a manner satisfactory to the Administrator of General Services. -SOURCE- (June 27, 1935, ch. 320, Sec. 1, 49 Stat. 425; Aug. 23, 1935, ch. 614, Sec. 203(a), 49 Stat. 704; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, Sec. 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.) -CHANGE- CHANGE OF NAME Section 203(a) of act Aug. 23, 1935, changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions to General Services Administrator, see note set out under section 19 of this title. This section originally authorized Secretary of the Interior through National Park Service to furnish heat from Central Heating Plant under act June 27, 1935. Branch of Buildings Management of National Park Service and its functions and personnel transferred to Public Buildings Administration of Federal Works Agency by Reorg. Plan. No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- REPEAL OF INCONSISTENT ACTS Section 3 of act June 27, 1935 provided that: 'All Acts and parts of Acts which may be inconsistent or in conflict with this Act (enacting sections 22b and 22c of this title) are hereby repealed to the extent of such inconsistency or conflict.' -CROSS- CROSS REFERENCES Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. ------DocID 43825 Document 71 of 816------ -CITE- 40 USC Sec. 22c -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 22c. Rates for heat for non-Federal public buildings -STATUTE- On and after June 27, 1935 the rates to be paid for steam furnished to the Corcoran Gallery of Art, the buildings, old and new, of the Pan American Union, the American Red Cross Buildings, and such other non-Federal public buildings as are or hereafter may be authorized to receive steam from the central heating plant shall be determined by the Administrator of General Services. -SOURCE- (June 27, 1935, ch. 320, Sec. 2, 49 Stat. 425; 1939 Reorg. Plan No. I, Sec. 303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, Sec. 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions to General Services Administrator, see note set out under section 19 of this title. This section originally provided that Secretary of the Interior should determine rates to be paid for steam. Functions of Secretary of the Interior relating to administration of functions of Branch of Buildings Management transferred to Federal Works Administrator by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. ------DocID 43826 Document 72 of 816------ -CITE- 40 USC Sec. 23, 24 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 23, 24. Repealed. Pub. L. 86-249, Sec. 17(1), (2), Sept. 9, 1959, 73 Stat. 484 -MISC1- Section 23, act Sept. 1, 1916, ch. 433, Sec. 6, 39 Stat. 716, prescribed maximum rates payable to Washington Gas Light Company or Georgetown Gas Light Company for gas used in any public buildings of the United States or the District of Columbia. Section 24, act Mar. 4, 1911, ch. 285, 36 Stat. 1404, related to sum payable for lighting gas and electric lamps in public grounds. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 43827 Document 73 of 816------ -CITE- 40 USC Sec. 25 to 27 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 25 to 27. Omitted -COD- CODIFICATION Section 25, act Mar. 15, 1934, ch. 70, title I, 48 Stat. 442, related to amount to be paid as rentals for gas governors in certain public buildings, and was not repeated in subsequent appropriations acts. Section 26, act Apr. 17, 1936, ch. 233, 49 Stat. 1224, related to inspection of gas and electric meters, and was not repeated in subsequent appropriations acts. Section 27, acts July 31, 1876, ch. 246, 19 Stat. 115; Mar. 3, 1877, ch. 105, 19 Stat. 359; June 10, 1921, ch. 18, Sec. 301, 304, 42 Stat. 23, 24, related to reports of gas consumption. ------DocID 43828 Document 74 of 816------ -CITE- 40 USC Sec. 27a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 27a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(83), 65 Stat. 704 -MISC1- Section, act Aug. 9, 1937, ch. 570, 50 Stat. 608, related to monthly reports of consumption of gas and electricity to General Accounting Office. ------DocID 43829 Document 75 of 816------ -CITE- 40 USC Sec. 28 to 30a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 28 to 30a. Omitted -COD- CODIFICATION Section 28, acts Feb. 4, 1874, ch. 22, 18 Stat. 14; June 20, 1874, ch. 328, 18 Stat. 88; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Or. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389, related to telegraph lines connecting the Capitol with various departments in Washington. Section 29, acts Mar. 7, 1874, ch. 50, 18 Stat. 20, restricted use of telegraph lines to certain authorized persons. Section 30, acts Mar. 3, 1879, ch. 182, 20 Stat. 388; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Or. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389, related to sale of condemned materials or lines. Section 30a, acts Dec. 20, 1928, ch. 39, title I, 45 Stat. 1048; Mar. 15, 1930, ch. 289, title I, 46 Stat. 358; Feb. 23, 1931, ch. 277, title I, 46 Stat. 1235; July 5, 1932, ch. 430, title I, 47 Stat. 596; Mar. 3, 1933, ch. 212, title I, 47 Stat. 1506; Mar. 15, 1934, ch. 70, title I, 48 Stat. 442, authorized Secretary of the Treasury to contract for telephone service in public buildings under the control of Treasury Department. ------DocID 43830 Document 76 of 816------ -CITE- 40 USC Sec. 31 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 31. Use of public buildings for public ceremonies -STATUTE- No public building, or the approaches thereto, other than the Capitol Building and the White House, in the District of Columbia, shall be used or occupied in any manner whatever in connection with ceremonies attending the inauguration of President of the United States or other public function, except as may be expressly authorized by law. -SOURCE- (Apr. 28, 1902, ch. 594, 32 Stat. 152.) ------DocID 43831 Document 77 of 816------ -CITE- 40 USC Sec. 32, 33 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 32, 33. Repealed. Pub. L. 86-249, Sec. 17(3), (4), Sept. 9, 1959, 73 Stat. 484 -MISC1- Section 32, act July 15, 1870, ch. 293, 16 Stat. 311, related to alterations or work on Treasury Building. See section 601 et seq. of this title. Section 33, act Mar. 4, 1907, ch. 2918, Sec. 9, 34 Stat. 1371; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; act June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380; 1950 Reorg. Plan No. 18, Sec. 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, restricted expenditures for production of electricity. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 43832 Document 78 of 816------ -CITE- 40 USC Sec. 33a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 33a. Omitted -COD- CODIFICATION Section, Pub. L. 87-125, title V, Sec. 507, Aug. 3, 1961, 75 Stat. 283, which prohibited use of funds available to wholly owned Government corporations for purchase or construction of office buildings without specific authority in law, was from the General Government Matters, Department of Commerce, and Related Agencies Appropriation Act, 1962, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriations acts: July 12, 1960, Pub. L. 86-642, title II, Sec. 207, 74 Stat. 478. July 8, 1959, Pub. L. 86-79, title II, Sec. 207, 73 Stat. 166. June 25, 1958, Pub. L. 85-468, title II, Sec. 207, 72 Stat. 225. June 5, 1957, Pub. L. 85-48, title II, Sec. 207, 71 Stat. 54. June 13, 1956, ch. 385, title II, Sec. 207, 70 Stat. 281. June 29, 1955, ch. 226, title II, Sec. 207, 69 Stat. 196. Aug. 26, 1954, ch. 935, ch. XIII, Sec. 1307, 68 Stat. 829. Aug. 7, 1953, ch. 340, ch. XIII, Sec. 1307, 67 Stat. 436. July 15, 1952, ch. 758, ch. XIV, Sec. 1407, 66 Stat. 660. Nov. 1, 1951, ch. 664, ch. XIII, Sec. 1307, 65 Stat. 756. Sept. 6, 1950, ch. 869, title XII, Sec. 1207, 64 Stat. 764. Aug. 24, 1949, ch. 506, title III, Sec. 307, 63 Stat. 662. June 30, 1948, ch. 773, title III, Sec. 302, 62 Stat. 1194. July 30, 1947, ch. 358, title III, Sec. 302, 61 Stat. 583. July 20, 1946, ch. 589, title III, Sec. 302, 60 Stat. 595. ------DocID 43833 Document 79 of 816------ -CITE- 40 USC Sec. 34 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 34. Rent of buildings in District of Columbia; contracts not to be made until appropriation -STATUTE- No contract shall be made for the rent of any building, or part of any building, to be used for the purposes of the Government in the District of Columbia, until an appropriation therefor shall have been made in terms by Congress, and this clause shall be regarded as notice to all contractors or lessors of any such building or any part of building. -SOURCE- (Mar. 3, 1877, ch. 106, 19 Stat. 370.) -CROSS- CROSS REFERENCES Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. Section inapplicable to lease-purchase contracts, see section 356 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 356 of this title; title 15 section 2076; title 19 section 2081; title 26 section 7608; title 42 sections 242b, 282, 285a-2, 285b-3, 299c-4, 300cc-41, 1532, 2473. ------DocID 43834 Document 80 of 816------ -CITE- 40 USC Sec. 35 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 35. Rent of other buildings -STATUTE- Where buildings are rented for public use in the District of Columbia, the executive departments are authorized, whenever it shall be advantageous to the public interest, to rent others in their stead: Provided, That, except as otherwise provided, no increase in the number of buildings in use, nor in the amounts paid for rents, shall result therefrom. -SOURCE- (Aug. 5, 1882, ch. 389, 22 Stat. 241.) -COD- CODIFICATION Act Aug. 5, 1882, did not contain 'except as otherwise provided,'. The word 'now' after 'buildings' in the proviso was eliminated. Section is based on Legislative, Executive, and Judicial Appropriation Act of Aug. 5, 1882, fiscal year 1883. -CROSS- CROSS REFERENCES Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. ------DocID 43835 Document 81 of 816------ -CITE- 40 USC Sec. 36 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 36. Repealed. Pub. L. 85-493, Sec. 2, July 2, 1958, 72 Stat. 294 -MISC1- Section, acts Mar. 2, 1913, ch. 93, 37 Stat. 718; June 14, 1946, ch. 404, Sec. 6, 60 Stat. 258; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380, authorized the Commissioner of Public Buildings to enter into leases for periods not exceeding five years. See section 490 of this title. ------DocID 43836 Document 82 of 816------ -CITE- 40 USC Sec. 37 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 37. Repealed. Pub. L. 85-861, Sec. 36A, Sept. 2, 1958, 72 Stat. 1569 -MISC1- Section, acts July 9, 1918, ch. 143, 40 Stat. 861; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, authorized Secretary of the Army to lease buildings in District of Columbia. See sections 4780 and 9780 of Title 10, Armed Forces. ------DocID 43837 Document 83 of 816------ -CITE- 40 USC Sec. 37a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 37a. Repealed. Pub. L. 85-493, Sec. 2, July 2, 1958, 72 Stat. 294 -MISC1- Section, acts June 16, 1949, ch. 218, title IV, Sec. 407, 63 Stat. 199; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; Aug. 9, 1955, ch. 629, 69 Stat. 552, which authorized Commissioner of Public Buildings to lease additional space in District of Columbia for periods not in excess of five years. See section 490 of this title. ------DocID 6978 Document 84 of 816------ -CITE- 2 USC Sec. 40 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 40. Deductions for withdrawal -STATUTE- When any Member or Delegate withdraws from his seat and does not return before the adjournment of Congress, he shall, in addition to the sum deducted for each day, forfeit a sum equal to the amount which would have been allowed by law for his mileage in returning home; and such sum shall be deducted from his compensation, unless the withdrawal is with the leave of the Senate or House of Representatives respectively. -SOURCE- (R.S. Sec. 41.) -COD- CODIFICATION R.S. Sec. 41 derived from Res. July 17, 1862, No. 68, Sec. 2, 12 Stat. 628. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 43839 Document 85 of 816------ -CITE- 40 USC Sec. 40a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 40a. Transferred -COD- CODIFICATION Section, acts June 30, 1932, ch. 314, Sec. 322, 47 Stat. 412; Mar. 3, 1933, ch. 212, title II, Sec. 15, 47 Stat. 1517, which related to maximum rental for lease of buildings to the Government, was transferred to section 278a of this title and was subsequently repealed. ------DocID 43840 Document 86 of 816------ -CITE- 40 USC Sec. 41 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 41. Repealed. Pub. L. 85-861, Sec. 36A, Sept. 2, 1958, 72 Stat. 1569 -MISC1- Section, acts July 8, 1918, ch. 139, 40 Stat. 826; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, related to requisition of buildings in District of Columbia by Secretary of the Army. See sections 4780 and 9780 of Title 10, Armed Forces. ------DocID 43841 Document 87 of 816------ -CITE- 40 USC Sec. 42 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 42. Rooms and accommodations for Office of Personnel Management -STATUTE- It shall be the duty of the Administrator of General Services to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated, and lighted, at the city of Washington, for carrying on the work of the Office of Personnel Management and the examinations provided for in sections 3304 and 3305 of title 5, and to cause the necessary stationery and other articles to be supplied and the necessary printing to be done for the said Office. -SOURCE- (Jan. 16, 1883, ch. 27, Sec. 4, 22 Stat. 405; May 29, 1920, ch. 214, 41 Stat. 642; 1950 Reorg. Plan No. 18, Sec. 1, 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -COD- CODIFICATION The words 'the examinations provided for in sections 3304 and 3305 of title 5' were substituted for 'said examinations', meaning the examinations provided for in section 3 of act Jan. 16, 1883, to reflect the enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. -MISC3- AMENDMENTS 1920 - Act May 29, 1920, transferred the duty under this section, as enacted originally, from the Secretary of the Interior to the Civil Service Commission. -TRANS- TRANSFER OF FUNCTIONS 'Office of Personnel Management' and 'said Office' substituted in text for 'Civil Service Commission' and 'said commission', respectively, pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. Functions with respect to acquiring space in buildings by lease, functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), and functions with respect to operation, maintenance, and custody of office buildings owned by Government and of office buildings or parts thereof acquired by lease, including those post-office buildings which, as determined by Director of Bureau of the Budget, are not used predominantly for post-office purposes, with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by sections 1 and 2 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan. -CROSS- CROSS REFERENCES Contracts for rent precluded until specific appropriations therefor are made, see section 34 of this title. Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. Office of Personnel Management, organization of, see section 1101 et seq. of Title 5, Government Organization and Employees. ------DocID 43842 Document 88 of 816------ -CITE- 40 USC Sec. 43 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 43. Advertisements and sales in or around Washington Monument -STATUTE- No advertisement of any kind shall be displayed and no articles of any kind shall be sold in or around the Washington Monument, except upon the written authority of the Director of the National Park Service. -SOURCE- (Mar. 4, 1909, ch. 299, 35 Stat. 997; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.) -COD- CODIFICATION Section is based on act Mar. 4, 1909, which appropriated funds for care and maintenance of the Washington Monument. -CHANGE- CHANGE OF NAME Act Mar. 2, 1934, changed name of Office of National Parks, Buildings, and Reservations of Department of the Interior to National Park Service. -TRANS- TRANSFER OF FUNCTIONS Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, Government Organization and Employees, abolished Office of Public Buildings and Public Parks of National Capital and transferred its functions to Office of National Parks, Buildings, and Reservations of Department of the Interior. Act Feb. 26, 1925, transferred functions of Secretary of War under this section, as enacted originally, to Directors of Public Buildings and Public Parks of National Capital. -MISC5- SIMILAR PROVISIONS Feb. 9, 1909, ch. 101, 35 Stat. 615. May 27, 1908, ch. 200, 35 Stat. 357. ------DocID 43843 Document 89 of 816------ -CITE- 40 USC Sec. 44 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 44. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(84), 65 Stat. 704 -MISC1- Section, act June 30, 1906, ch. 3912, 34 Stat. 659, related to control of fishponds in the Monument Grounds, grounds around them, and buildings thereon. ------DocID 43844 Document 90 of 816------ -CITE- 40 USC Sec. 45 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 45. Chief of Engineers; charge of Washington Aqueduct and other public works -STATUTE- The Chief of Engineers shall have the immediate superintendence of the Washington Aqueduct, together with all rights, appurtenances, and fixtures connected with the same, and belonging to the United States, and of all other public works and improvements in the District of Columbia in which the Government has an interest, and which are not otherwise specially provided for by law. -SOURCE- (R.S. Sec. 1800.) -COD- CODIFICATION R.S. Sec. 1800 derived from acts Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435; June 25, 1860, ch. 211, Sec. 1, 12 Stat. 106; Mar. 2, 1867, ch. 167, Sec. 2, 14 Stat. 466; Mar. 30, 1867, ch. 20, Sec. 3, 15 Stat. 12. Act Mar. 2, 1927, ch. 271, 44 Stat. 1331, which was the District of Columbia Appropriation Act for the fiscal year 1928, provided that nothing therein should be construed as affecting the superintendence and control of the Secretary of War over said aqueduct. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 48 of this title. ------DocID 43845 Document 91 of 816------ -CITE- 40 USC Sec. 46 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 46. Compensation of Chief of Engineers -STATUTE- The Chief of Engineers shall receive no compensation, other than his regular pay as an officer of the Corps of Engineers, for the services required of him under the provisions of title 21 of the Revised Statutes. -SOURCE- (R.S. Sec. 1807.) -REFTEXT- REFERENCES IN TEXT Title 21 of the Revised Statutes, referred to in text, was in the original 'this Title', meaning title 21 of the Revised Statutes, comprising R.S. Sec. 1795 to 1835, which were classified to sections 49 to 52 of former Title 3, The President, sections 6 and 7 of former Title 4, Flag and Seal, Seat of Government and the States, section 702 of former Title 18, Criminal Code and Criminal Procedure, and sections 8, 19, 20, 45 to 52, 54 to 58, 66, 102, 166, 170, 187 to 189, 193, 206, 207, 208, 210, 211, 215, 216, 218 to 221 of this title. Such sections 49 to 52 of former Title 3 were repealed by act June 25, 1948, ch. 644, Sec. 3, 62 Stat. 672, and are covered by sections 109 and 110 of revised Title 3. Such sections 6 and 7 of former Title 4 were repealed by act July 30, 1947, ch. 389, Sec. 2, 61 Stat. 645, and are covered by sections 71 and 72 of revised Title 4. Such section 702 of former Title 18 was repealed by act June 25, 1948, ch. 645, Sec. 21, eff. Sept. 1, 1948, as covered by D.C. Code, 1940, Sec. 24-416. Such sections 8, 20, and 218 to 220 of this title were repealed by act Oct. 31, 1951, ch. 654, Sec. 1(75)-(80), (82), 3(19)-(21), 65 Stat. 704, 709. Such sections 57, 58, and 221 of this title were omitted from the Code. See notes thereunder. -COD- CODIFICATION R.S. Sec. 1807 derived from act Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. ------DocID 43846 Document 92 of 816------ -CITE- 40 USC Sec. 47 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 47. Apartments of Chief of Engineers -STATUTE- The Chief of Engineers shall be furnished official apartments in one of the public buildings in the city of Washington, as may be directed by the Administrator of General Services, and shall be supplied by the Government with the stationery, instruments, books, and furniture which may be required for the performance of his duties. -SOURCE- (R.S. Sec. 1808; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION R.S. Sec. 1808 derived from act Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. -MISC3- REPEALS Section 10 of act Mar. 1, 1919, ch. 86, 40 Stat. 1269, formerly set out as a credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644. -TRANS- TRANSFER OF FUNCTIONS Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. R.S. Sec. 1808 provided that official apartments should be furnished to the Chief of Engineers at the direction of the President. The function of allotment of space in public buildings in the District of Columbia was placed in the Public Buildings Commission by act Mar. 1, 1919, ch. 86, Sec. 10, 40 Stat. 1269. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -CROSS- CROSS REFERENCES Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. ------DocID 43847 Document 93 of 816------ -CITE- 40 USC Sec. 48 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 48. Obedience to President by Chief of Engineers -STATUTE- The Chief of Engineers shall obey, in the discharge of the duties mentioned in section 45 of this title, such regulations, pursuant to law, as may be prescribed by the President, through the Department of the Army. -SOURCE- (R.S. Sec. 1801; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION R.S. Sec. 1801 derived from acts May 2, 1828, ch. 45, Sec. 4, 4 Stat. 266; Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435; June 25, 1860, ch. 211, Sec. 1, 12 Stat. 106; Mar. 30, 1867, ch. 20, Sec. 3, 15 Stat. 12. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 43848 Document 94 of 816------ -CITE- 40 USC Sec. 49 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 49. Record of property by Chief of Engineers -STATUTE- The Chief of Engineers shall keep in his office a complete record of all the lands and other property connected with or belonging to the Washington Aqueduct and other public works under his charge, together with accurate plans and surveys of the public grounds and reservations in the District of Columbia. -SOURCE- (R.S. Sec. 1809.) -COD- CODIFICATION R.S. Sec. 1809 derived from act Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. ------DocID 43849 Document 95 of 816------ -CITE- 40 USC Sec. 50 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 50. Reports by Chief of Engineers -STATUTE- The Chief of Engineers shall, as superintendent of the Washington Aqueduct, annually submit to the Secretary of the Army, within nine months after the end of the fiscal year, a report of the Chief of Engineers' operations for that year and a report of the condition, progress, repairs, casualties, and expenditures of the Washington Aqueduct and other public works under the Chief of Engineers' charge. -SOURCE- (R.S. Sec. 1812; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Oct. 19, 1980, Pub. L. 96-470, title II, Sec. 202(a), 94 Stat. 2242.) -COD- CODIFICATION R.S. Sec. 1812 derived from acts Mar. 3, 1829, ch. 51, Sec. 3, 4 Stat. 363; Aug. 4, 1854, ch. 242, Sec. 15, 10 Stat. 573; Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435; June 25, 1860, ch. 211, Sec. 1, 12 Stat. 106. Provisions of this section which authorized the Chief of Engineers, as Superintendent of Public Buildings and Grounds, to report to the Secretary of War (Army) concerning the Chief of Engineers' operations for the preceding year including an account of the manner in which all appropriations for public buildings and grounds had been applied, were omitted in view of the abolishment of the Office of Public Buildings and Grounds under the Chief of Engineers and the transfer of the functions of the Chief of Engineers and the Secretary of War with respect thereto to the Director of Public Buildings and Public Parks of the National Capital by act Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983. -MISC3- AMENDMENTS 1980 - Pub. L. 96-470 substituted 'within nine months after the end of the fiscal year, a report of the Chief of Engineers' operations for that year' for 'in time to accompany the annual message of the President to Congress, a report of his operations for the preceding year' and 'the Chief of Engineers' charge' for 'his charge'. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 43850 Document 96 of 816------ -CITE- 40 USC Sec. 51 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 51. Authority of Chief of Engineers -STATUTE- The Chief of Engineers and his necessary assistants are empowered to use all lawful means for the discharge of their duties; and, particularly, he shall have full control over the Washington Aqueduct, to regulate the manner in which the authorities of the District of Columbia may tap the supply of water to the inhabitants thereof; and he shall stop the same whenever it is found to be no more than adequate to the wants of the public buildings and grounds. -SOURCE- (R.S. Sec. 1810.) -COD- CODIFICATION R.S. Sec. 1810 derived from acts May 2, 1828, ch. 45, Sec. 4, 4 Stat. 266; Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 52 of this title. ------DocID 43851 Document 97 of 816------ -CITE- 40 USC Sec. 52 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 52. Appeal to Secretary of the Army by Chief of Engineers -STATUTE- The decision of the Chief of Engineers on all questions concerning the supply of water, as provided in section 51 of this title, shall be subject to appeal to the Secretary of the Army only. -SOURCE- (R.S. Sec. 1811; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION R.S. Sec. 1811 derived from act Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 43852 Document 98 of 816------ -CITE- 40 USC Sec. 53 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 53. Repealed. Pub. L. 94-587, Sec. 165, Oct. 22, 1976, 90 Stat. 2934 -MISC1- Section, acts Sept. 1, 1916, ch. 433, 39 Stat. 693; Mar. 4, 1942, ch. 129, 56 Stat. 123, authorized Chief of Engineers of Department of the Army to enforce traffic regulations for protection of Washington Aqueduct and Filtration Plant, provided for imposition of fines ranging from $1 to $40, specified tribunals for conduct of prosecutions in District of Columbia and State of Maryland, and authorized arresting officers to parole arrested persons for attendance at trial. ------DocID 43853 Document 99 of 816------ -CITE- 40 USC Sec. 53a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 53a. MacArthur Boulevard; jurisdiction and control -STATUTE- Jurisdiction and control over MacArthur Boulevard for its full width in the District of Columbia between Foxhall Road and the District line, excepting a strip nineteen feet wide within the lines of said road, the center of which is coincident with the center of the water supply conduit, is transferred from the Secretary of the Army to the Council of the District of Columbia, and property abutting thereon shall be subject to any and all lawful assessments which may be levied by the said council for public improvements, the same as other private property in the District of Columbia: Provided, That all municipal laws and regulations shall apply to the entire width of the said road in the District of Columbia in the same degree that they apply to other streets and highways in the said District. -SOURCE- (May 22, 1926, ch. 372, 44 Stat. 627; Mar. 4, 1942, ch. 129, 56 Stat. 123; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; 1967 Reorg. Plan No. 3, Sec. 402(172), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 401, 87 Stat. 785.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 7-1401. -MISC3- AMENDMENTS 1942 - Act Mar. 4, 1942, changed name of Conduit Road to MacArthur Boulevard. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS 'Council of the District of Columbia' substituted in text for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(172) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the jurisdiction and control over MacArthur Boulevard (formerly Conduit Road) and the levying of assessments for public improvements under this section to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. ------DocID 43854 Document 100 of 816------ -CITE- 40 USC Sec. 54 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 54. Moneys for public works; expenditure -STATUTE- All moneys appropriated for the Washington Aqueduct, and for the other public works in the District of Columbia, not otherwise expressly provided for by law, shall be expended under the direction of the Secretary of the Army. -SOURCE- (R.S. Sec. 1802; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION R.S. Sec. 1802 derived from acts Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435; June 18, 1862, No. 36, 12 Stat. 620; Mar. 30, 1867, ch. 20, Sec. 3, 15 Stat. 12. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 43855 Document 101 of 816------ -CITE- 40 USC Sec. 55 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 55. Mains or pipes; laying for use of public buildings -STATUTE- No greater number of main pipes of the Washington Aqueduct shall be laid at the expense of the United States than are sufficient to furnish the public buildings, offices, and grounds with the necessary supply of water. The cost of any main pipe, for the supply of water to the inhabitants of Washington, must be paid by the District of Columbia, in the manner provided by law. -SOURCE- (R.S. Sec. 1805; Feb. 11, 1895, ch. 79, 28 Stat. 650.) -COD- CODIFICATION R.S. Sec. 1805 derived from act Mar. 3, 1859, ch. 84, Sec. 6, 11 Stat. 436. Section is also set out in D.C. Code, Sec. 43-1549. ------DocID 43856 Document 102 of 816------ -CITE- 40 USC Sec. 56 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 56. Unauthorized opening -STATUTE- No person, unless by consent of the Chief of Engineers, shall tap or open the mains or pipes laid or hereafter to be laid by the United States, under a penalty of not less than $50 nor more than $500. -SOURCE- (R.S. Sec. 1803; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983.) -COD- CODIFICATION The words 'in charge of public buildings and works' which followed 'Chief of Engineers' were omitted in view of the abolition of the Office of Public Buildings and Grounds under the Chief of Engineers and the transfer of certain functions of the Chief of Engineers to the Director of Public Buildings and Grounds of the National Capital by act Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983. For further details, see notes set out under section 19 of this title. R.S. Sec. 1803 derived from act Mar. 3, 1859, ch. 84, Sec. 5, 11 Stat. 436. Section is also set out in D.C. Code, Sec. 43-1550. ------DocID 43857 Document 103 of 816------ -CITE- 40 USC Sec. 57, 58 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 57, 58. Omitted -COD- CODIFICATION Section 57, R.S. Sec. 1804; act Feb. 11, 1895, ch. 79, 28 Stat. 650, which related to punishment for breaking or destroying pipes, hydrants, etc., in the city of Washington, was omitted as not having general applicability. See section 43-1548 of the District of Columbia Code. Section 58, R.S. Sec. 1806; act Feb. 11, 1895, ch. 79, 28 Stat. 650, which related to punishment for maliciously making water impure in the city of Washington, was omitted as not having general applicability. See section 22-3118 of the District of Columbia Code. ------DocID 43858 Document 104 of 816------ -CITE- 40 USC Sec. 59 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 59. Repealed. Pub. L. 86-249, Sec. 17(5), Sept. 9, 1959, 73 Stat. 484 -MISC1- Section, act Mar. 3, 1883, ch. 143, 22 Stat. 615, provided for shutting off of water in public buildings in District of Columbia. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 43859 Document 105 of 816------ -CITE- 40 USC Sec. 60 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 60. Omitted -COD- CODIFICATION Section, act July 1, 1898, ch. 543, Sec. 1, 30 Stat. 570, which related to street parking in the District of Columbia, was omitted as not having general applicability. See section 8-106 of the District of Columbia Code. ------DocID 43860 Document 106 of 816------ -CITE- 40 USC Sec. 60a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 60a. Reservation of parking spaces for Members of Congress -STATUTE- On and after June 29, 1956, the Council of the District of Columbia is authorized and directed to designate, reserve, and properly mark appropriate and sufficient parking spaces on the streets adjacent to all public buildings in the District for the use of Members of Congress engaged on public business. -SOURCE- (June 29, 1956, ch. 479, 70 Stat. 447; 1967 Reorg. Plan No. 3, Sec. 402(300), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 401, 87 Stat. 785.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 40-710. -TRANS- TRANSFER OF FUNCTIONS 'Council of the District of Columbia' substituted in text for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(300) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to designating and reserving parking spaces for the use of members of the Congress under this section to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. -MISC5- SIMILAR PROVISIONS The text of this section is from the District of Columbia Appropriation Act, 1957. Similar provisions were contained in the following prior appropriation acts: July 5, 1955, ch. 272, 69 Stat. 254. July 1, 1954, ch. 499, 68 Stat. 386. July 31, 1953, ch. 299, 67 Stat. 290. July 5, 1952, ch. 576, 66 Stat. 385. Aug. 3, 1951, ch. 292, 65 Stat. 167. July 18, 1950, ch. 467, 64 Stat. 364. June 29, 1949, ch. 279, 63 Stat. 319. June 19, 1948, ch. 555, 62 Stat. 553. July 25, 1947, ch. 324, 61 Stat. 443. July 9, 1946, ch. 544, 60 Stat. 518. June 30, 1945, ch. 209, 59 Stat. 289. June 28, 1944, ch. 300, 58 Stat. 526. July 1, 1943, ch. 184, 57 Stat. 338. June 27, 1942, ch. 452, 56 Stat. 451. July 1, 1941, ch. 271, 57 Stat. 529. June 12, 1940, ch. 333, 54 Stat. 334. July 15, 1939, ch. 281, 53 Stat. 1033. ------DocID 43861 Document 107 of 816------ -CITE- 40 USC Sec. 61 to 63 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 61 to 63. Omitted -COD- CODIFICATION Section 61, act Feb. 22, 1921, ch. 70, 41 Stat. 1117, which related to jurisdiction and control of the Francis Scott Key Bridge, was omitted as not having general applicability. See section 7-507 of the District of Columbia Code. Section 62, act Feb. 28, 1923, ch. 148, 42 Stat. 1338, which related to jurisdiction and control of the Highway Bridge, was omitted as not having general applicability. See section 7-511 of the District of Columbia Code. Section 63, act June 7, 1924, ch. 302, 43 Stat. 550, which related to construction and repair of bridges over railway and canal right of ways in the District of Columbia, was omitted as not having general applicability. See section 7-502 of the District of Columbia Code. ------DocID 43862 Document 108 of 816------ -CITE- 40 USC Sec. 64 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 64. Jurisdiction over portion of B Street -STATUTE- The jurisdiction over that portion of B Street west of Virginia Avenue, under the control of the Commissioners of the District of Columbia prior to May 27, 1908, shall be under the Director of the National Park Service. -SOURCE- (May 27, 1908, ch. 200, 35 Stat. 356; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Ex. Ord. No. 6166 abolished Office of Public Buildings and Public Parks of National Capital and transferred functions thereof to Office of National Parks, Buildings and Reservations of Department of the Interior. Act Mar. 2, 1934, changed name of latter office to National Park Service. Act May 27, 1908, transferred jurisdiction from Commissioners of District of Columbia to Chief of Engineers. Act Feb. 26, 1925, transferred functions of latter to Director of Public Buildings and Public Parks of National Capital. ------DocID 43863 Document 109 of 816------ -CITE- 40 USC Sec. 65 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 65. Omitted -COD- CODIFICATION Section, R.S. Sec. 1813; act June 20, 1874, ch. 337, Sec. 2, 18 Stat. 116, which related to limitation on contracts of the District of Columbia commissioners, was omitted as not having general applicability. See section 7-625 of the District of Columbia Code. ------DocID 43864 Document 110 of 816------ -CITE- 40 USC Sec. 66 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 66. Improper appropriation of streets -STATUTE- The Secretary of the Interior is directed to prevent the improper appropriation or occupation of any of the public streets, avenues, squares, or reservations in the city of Washington, belonging to the United States, and to reclaim the same if unlawfully appropriated; and particularly to prevent the erection of any permanent building upon any property reserved to or for the use of the United States, unless plainly authorized by act of Congress, and to report to Congress at the commencement of each session his proceedings in the premises, together with a full statement of all such property, and how, and by what authority, the same is occupied or claimed. Nothing herein contained shall be construed to interfere with the temporary and proper occupation of any portion of such property, by lawful authority, for the legitimate purposes of the United States. -SOURCE- (R.S. Sec. 1818.) -COD- CODIFICATION R.S. Sec. 1818 derived from Res. June 30, 1864, No. 56, 13 Stat. 412. Section is also set out in D.C. Code, Sec. 7-1409. -CROSS- CROSS REFERENCES Ejection of trespassers from public grounds, see section 19 of this title. ------DocID 43865 Document 111 of 816------ -CITE- 40 USC Sec. 67 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 67. Omitted -COD- CODIFICATION Section, acts Mar. 3, 1891, ch. 540, 26 Stat. 868; July 1, 1898, ch. 543, Sec. 3, 30 Stat. 570; June 21, 1906, ch. 3506, 34 Stat. 385; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, which related to permits for extensions of buildings beyond the building line, was omitted as not having general applicability. See section 5-204 of the District of Columbia Code. ------DocID 43866 Document 112 of 816------ -CITE- 40 USC Sec. 68 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 68. Buildings on reservations, parks, or public grounds -STATUTE- On and after August 24, 1912 there shall not be erected on any reservation, park, or public grounds, of the United States within the District of Columbia, any building or structure without express authority of Congress. -SOURCE- (Aug. 24, 1912, ch. 355, 37 Stat. 444.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-128. ------DocID 43867 Document 113 of 816------ -CITE- 40 USC Sec. 69, 70 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 69, 70. Omitted -COD- CODIFICATION Section 69, act Aug. 5, 1882, ch. 389, 22 Stat. 243, which related to police powers of park watchmen in District of Columbia, was omitted as not having general applicability. See section 4-201 of the District of Columbia Code. Section 70, act Apr. 28, 1902, ch. 594, 32 Stat. 152, which related to free medical attendance for park watchmen in the District of Columbia, was omitted as not having general applicability. See section 4-204 of the District of Columbia Code. ------DocID 43868 Document 114 of 816------ -CITE- 40 USC Sec. 71 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71. Physical development of National Capital -STATUTE- (a) General purposes; findings It is the purpose of sections 71 to 71i, 72, 73, and 74 of this title to secure comprehensive planning for the physical development of the National Capital and its environs; to provide for the participation of the appropriate planning agencies of the environs in such planning; and to establish the agency and procedures requisite to the administration of the functions of the Federal and District of Columbia governments related to such planning. The Congress finds that the location of the seat of government in the District of Columbia has brought about the development of a metropolitan region extending well into adjoining territory in Maryland and Virginia; that effective comprehensive planning is necessary on a regional basis and of continuing importance to the Federal establishment; that the distribution of Federal installations throughout the region has been and will continue to be a major influence in determining the extent and character of development; that there is needed a central planning agency for the National Capital region to coordinate certain developmental activities of the many different agencies of the Federal and District Governments so that such activities may conform with general objectives; that there is an increasing mutuality of interest and responsibility between the various levels of government that calls for coordinate and unified policies in planning both Federal and local development in the interest of order and economy; that there are developmental problems of an interstate character, the planning of which requires collaboration between Federal, State, and local governments in the interest of equity and constructive action; and that the instrumentalities and procedures herein provided will aid in providing the Congress from time to time with information and advice requisite to legislation. The general objective of said sections is to enable appropriate agencies to plan for the development of the Federal establishment at the seat of government in a manner consistent with the nature and function of the National Capital and with due regard for the rights and prerogatives of the adjoining States and local governments to exercise control appropriate to their functions, and in a manner which will, in accordance with present and future needs, best promote public health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development. (b) Definitions As used in sections 71 to 71i, 72, 73, and 74 of this title, (1) 'region' or 'National Capital region' means the District of Columbia; Montgomery and Prince Georges Counties in Maryland; Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and all cities now or hereafter existing in Maryland or Virginia within the geographic area bounded by the outer boundaries of the combined area of said counties; (2) 'environs' means the territory surrounding the District of Columbia included within the National Capital region; (3) 'National Capital' means the District of Columbia and territory owned by the United States within the environs; and (4) 'planning agency' means any city, county, bi-county, part-county, or regional planning agency authorized under State and local laws to make and adopt comprehensive plans whether or not its jurisdiction is exclusive or concurrent. -SOURCE- (June 6, 1924, ch. 270, Sec. 1, 43 Stat. 463; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Apr. 30, 1926, ch. 198, 44 Stat. 374; May 24, 1928, ch. 726, 45 Stat. 726; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; July 19, 1952, ch. 949, Sec. 1, 66 Stat. 781.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2001. -MISC3- AMENDMENTS 1952 - Act July 19, 1952, restated the general purposes of sections 71 to 72, 73, and 74 of this title, and substituted entirely new provisions for former provisions relating to creation and duties of the 'National Capital Park and Planning Commission' which have been superseded. See sections 71a to 71i of this title. 1928 - Act May 24, 1928, provided that the Director of Public Buildings and Public Parks of the National Capital should be the executive and disbursing officer of said National Capital Park and Planning Commission. 1926 - Act Apr. 30, 1926, amended section generally to establish and provide for a National Capital Park and Planning Commission, and abolished the Highway Commission which had been established by section 2 of act Mar. 2, 1893, ch. 197, 27 Stat. 533. 1925 - Act Feb. 26, 1925, changed the name of the officer in charge of public buildings and grounds to the Director of Public Buildings and Public Parks of the National Capital. SHORT TITLE OF 1952 AMENDMENT Section 2 of act July 19, 1952, provided in part that: 'Sections 1 and 2 of this Act (amending this section) may be cited as the 'National Capital Planning Act of 1952'.' -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, abolished Office of Public Buildings and Public Parks of National Capital and transferred functions thereof to Office of National Parks, Buildings and Reservations of Department of the Interior, and act Mar. 2, 1934, changed name of latter office to National Park Service. Function of disbursement of moneys of United States by any agency except War Department, Navy Department, and Panama Canal, transferred to Treasury Department and, together with Office of Disbursing Clerk of that Department, consolidated in a Division of Disbursements, by section 4 of Ex. Ord. No. 6166 and Ex. Ord. No. 6728, May 29, 1934. Division of Disbursements consolidated in Fiscal Service by Reorg. Plan No. III of 1940, Sec. 1(a)(3), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5. See section 306 of Title 31, Money and Finance. -MISC5- STUDY COMMISSION TO INVESTIGATE AND STUDY SITES AND PLANS FOR FACILITIES AND SERVICES FOR VISITORS AND STUDENTS COMING TO WASHINGTON, D.C. Pub. L. 89-790, Nov. 7, 1966, 80 Stat. 1424, created a Study Commission to make a full and complete investigation and study of sites and plans to provide facilities and services for visitors and students coming to the Nation's Capital. The Commission was directed to report the results of its study and investigation to Congress not later than September 15, 1967. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71h, 71i, 72, 72a, 74 of this title. ------DocID 43869 Document 115 of 816------ -CITE- 40 USC Sec. 71a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71a. Federal and District planning agencies in National Capital -STATUTE- (a)(1) National Capital Planning Commission; creation; central Federal agency; functions; excepted functions The National Capital Planning Commission (hereinafter referred to as the 'Commission') is created as the central Federal planning agency for the Federal Government in the National Capital, and to preserve the important historical and natural features thereof, except with respect to the United States Capitol buildings and grounds as defined in sections 193a and 193m of this title, and to any extension thereof or additions thereto, or to buildings and grounds under the care of the Architect of the Capitol. (2) Mayor of District of Columbia; central local agency; functions; excepted functions; comprehensive plan for District: procedures for citizen participation and consultations with non-Federal agencies The Mayor of the District of Columbia (hereinafter referred to as the 'Mayor') shall be the central planning agency for the government of the District of Columbia (hereinafter referred to as the 'District') in the National Capital. The Mayor shall be responsible for coordinating the planning activities of the District government and for preparing and implementing the District elements of the comprehensive plan for the National Capital, which may include land use elements, urban renewal and redevelopment elements, a multiyear program of public works for the District, and physical, social, economic, transportation, and population elements. The Mayor's planning responsibility shall not extend to Federal or international projects and developments in the District, as determined by the Commission, or to the United States Capitol buildings and grounds as defined in sections 193a and 193m of this title, or to any extension thereof or additions thereto, or to buildings and grounds under the care of the Architect of the Capitol. In carrying out his responsibility under this section, the Mayor shall establish procedures for citizen participation in the planning process, and for appropriate meaningful consultation with any State or local government or planning agency in the National Capital region affected by any aspect of a comprehensive plan (including amendments thereto) affecting or relating to the District. (3) Comprehensive plan for District; functions of Mayor and Council respecting impact on Federal Establishment The Mayor shall submit each District element of the comprehensive plan and any amendment thereto, to the Council for revision or modification, and adoption, by act, following public hearings. Following adoption and prior to implementation, the Council shall submit each such element or amendment to the Commission for review and comment with regard to the impact of such element or amendment on the interests or functions of the Federal Establishment in the National Capital. (4) Certifications; incorporation and implementation; Council's action; joint publication of Federal activities elements and District elements; time limitation extension, authority of Council; joint establishment of procedures for consultations throughout planning process (A) The Commission shall, within sixty days after receipt of such a District element of the comprehensive plan, or amendment thereto, from the Council, certify to the Council whether such element or amendment has a negative impact on the interests or functions of the Federal Establishment in the National Capital. If within such sixty days the Commission takes no action with respect to such element or amendment, such element or amendment shall be deemed to have no such negative impact, and such element or amendment shall be incorporated into the comprehensive plan for the National Capital and shall be implemented. (B) If the Commission finds, within such sixty days, such negative impact, it shall certify its findings and recommendations with respect to such negative impact to the Council. Upon receipt of the Commission's findings and recommendations, the Council may - (i) reject such findings and recommendations and resubmit such element or amendment, in a modified form, to the Commission for reconsideration; or (ii) accept such findings and recommendations and modify such element or amendment accordingly. If the Council accepts such findings and recommendations and modifies such element or amendment under clause (ii), the Council shall submit such element or amendment to the Commission for it to determine whether such modification has been made in accordance with the Commission's findings and recommendations. If, within thirty days after receipt of the modified element or amendment, the Commission takes no action with respect to such element or amendment, it shall be deemed to have been modified in accordance with such findings or recommendations, and shall be incorporated into the comprehensive plan for the National Capital and shall be implemented. If within such thirty days, the Commission again determines such element or amendment to have a negative impact on the functions or interests of the Federal Establishment in the National Capital such element or amendment shall not be implemented. (C) If the Council rejects the findings and recommendations of the Commission and resubmits a modified element or amendment to it under clause (i), the Commission shall, within sixty days after receipt of such modified element or amendment from the Council, determine whether such modified element or amendment has a negative impact on the interests or functions of the Federal Establishment within the National Capital. If the Commission finds such negative impact it shall certify its findings (in sufficient detail that the Council can understand the basis of the objection of the Commission) and recommendations to the Council, and such element or amendment shall not be implemented. If the Commission takes no action with respect to such modified element or amendment within such sixty days, such modified element or amendment shall be deemed to have no such negative impact and shall be incorporated into the comprehensive plan and it shall be implemented. Any element or amendment which the Commission has determined to have a negative impact on the Federal Establishment in the National Capital, and which is submitted again in a modified form not less than one year from the day it was last rejected by the Commission shall be deemed to be a new element or amendment for purposes of the review procedure specified in this section. (D) The Commission and the Mayor shall jointly publish, from time to time as appropriate, a comprehensive plan for the National Capital, consisting of the elements of the comprehensive plan for the Federal activities in the National Capital developed by the Commission, and the District elements developed by the Mayor and the Council in accordance with the provisions of this section. (E) The Council may grant, upon request made to it by the Commission, an extension of any time limitation contained in this section. (F) The Commission and the Mayor shall jointly establish procedures for appropriate meaningful continuing consultation throughout the planning process for the National Capital. (b) National Capital Planning Commission; official members; citizen members: qualifications, terms of office, vacancies, compensation The National Capital Planning Commission shall be composed of - (1) ex officio, the Secretary of the Interior, the Secretary of Defense, the Administrator of the General Services Administration, the Mayor, the Chairman of the Council of the District of Columbia, and the chairmen of the Committees on the District of Columbia of the Senate and the House of Representatives, or such alternates as each such person may from time to time designate to serve in his stead, and in addition, (2) five citizens with experience in city or regional planning, three of whom shall be appointed by the President and two of whom shall be appointed by the Mayor. The citizen members appointed by the Mayor shall be bona fide residents of the District of Columbia and of the three appointed by the President at least one shall be a bona fide resident of Virginia and at least one shall be a bona fide resident of Maryland. The terms of office of the members appointed by the President shall be for six years, except that of the members first appointed, the President shall designate one to serve two years and one to serve four years. Members appointed by the Mayor shall serve for four years. The members first appointed under this section shall assume their office on January 2, 1975. Any person appointed to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The citizen members shall each receive compensation at the rate of $100 for each day such member is engaged in the actual performance of duties vested in the Commission in addition to reimbursement for necessary expenses incurred by them in the performance of such duties. (c) Chairman; officers; Director and other personnel; employment of city planners, architects, etc.; compensation The President shall designate the Chairman of the Commission and the Commission may elect from among its members such other officers as it deems desirable. The Commission is authorized to employ a Director, an executive officer, and such other technical and administrative personnel as it may deem necessary. Further, without regard to section 5 of title 41, the civil service and classification laws, or section 3109 of title 5, the Commission may employ, by contract or otherwise, the temporary or intermittent (not in excess of one year) services of city planners, architects, engineers, appraisers, and other experts or organizations thereof, as may be necessary to carry out its functions, and in any such case the rate of compensation shall be fixed by the Commission so as not to exceed the rate usual for similar services. (d) Advisory and coordinating committees; participation by representatives of planning and developmental agencies The Commission may establish, with the consent of each agency concerned as to its representation, such advisory and coordinating committees composed of representatives of such agencies of the Federal and District of Columbia Governments as may be necessary or helpful to obtain the maximum amount of cooperation and correlation of effort among the various agencies of such Governments, in order that the National Capital may be developed in accordance with the comprehensive plan. As it may deem appropriate, the Commission may invite representatives of the planning and developmental agencies of the environs to participate in the work of such committees. (e) General scope of functions As hereinafter more specifically described in sections 71c to 71g of this title, it shall be among the principal duties of the Commission to (1) prepare, adopt, and amend a comprehensive plan for the Federal activities in the National Capital and make related recommendations to the appropriate developmental agencies; (2) serve as the central planning agency for the Federal Government within the National Capital region, and in such capacity to review their development programs in order to advise as to consistency with the comprehensive plan; and (3) be the representative of the Federal and District Governments for collaboration with the Regional Planning Council, as hereinafter provided. -SOURCE- (June 6, 1924, ch. 270, Sec. 2, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 782, and amended Aug. 3, 1956, ch. 937, Sec. 2, 70 Stat. 990; Sept. 25, 1962, Pub. L. 87-683, 76 Stat. 575; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 203(a), (b), title IV, Sec. 401, 421, 87 Stat. 779, 782, 785, 789.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (c), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. The classification laws, referred to in subsec. (c), are classified generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5. Section 71e of this title, included within the reference in subsec. (e) to sections 71c to 71g of this title, was repealed by Pub. L. 93-198, title II, Sec. 203(e), Dec. 24, 1973, 87 Stat. 782. -COD- CODIFICATION In subsec. (c), 'section 3109 of title 5' substituted for 'section 15 of Act of August 2, 1946 (5 U.S.C. 55a)' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section is also set out in D.C. Code, Sec. 1-2002. -MISC3- PRIOR PROVISIONS Provisions relating to the general powers and duties of the National Capital Park and Planning Commission, to which the National Capital Planning Commission succeeded under the provisions of section 71h of this title, were contained in section 71 of this title prior to its amendment by act July 19, 1952. AMENDMENTS 1973 - Subsec. (a). Pub. L. 93-198, Sec. 203(a), incorporated existing subsec. (a) text in provisions designated as par. (1), made the Commission the central Federal planning agency only for the Federal Government in the National Capital, except certain areas from the Commission's jurisdiction, and added pars. (2) to (4). Subsec. (b)(1). Pub. L. 93-198, Sec. 203(a), substituted as members ex officio: Secretary of Interior, Secretary of Defense, Administrator of General Services Administration, Commissioner, Chairman of District of Columbia Council for former such members: Chief of Engineers of Army, Engineer Commissioner of District of Columbia, Director of National Park Service, Commissioner of Public Buildings, Federal Highway Administrator, and Administrator of National Capital Transportation Agency, and substituted provision for designation of alternates for service in stead of any official for former such provision applicable only to committees on the District of Columbia of the Senate and the House of Representatives. Subsec. (b)(2). Pub. L. 93-198, Sec. 203(a), substituted provisions for: citizen members with experience in planning for former provision for such membership from eminent citizens well qualified and experienced in planning; appointment by President of three members, including one each for Virginia and Maryland, for six year terms, including initial appointments for two and four year terms, and by Commissioner of two members from the District for four year terms for former provision for such appointment by President, including two members from the District or the environs, including one appointee from three nominees of Commissioner of the District, for six year terms; compensation of $100 per each day of actual service and necessary expenses for former provision for a per diem allowance and travel costs; provided for assumption of office by first appointees on Jan. 2, 1975; and deleted provisions respecting: waiver of professional requirements of District appointees of demonstrated capacity for leadership in planning and development of the District, service of unexpired terms of appointive members of National Capital Park and Planning Commission as members of National Capital Planning Commission, and expiration of initial appointments on Apr. 30, 1953, 1954, 1955, 1956, and 1957, and every six years after such appointments. Subsec. (e)(1). Pub. L. 93-198, Sec. 203(b)(1), substituted 'Federal activities in the National Capital' for 'National Capital'. Subsec. (e)(2). Pub. L. 93-198, Sec. 203(b)(2), substituted 'Government' for 'and District Governments,'. 1962 - Subsec. (b)(1). Pub. L. 87-683 inserted 'the Administrator of the National Capital Transportation Agency,' before 'the chairmen of the committees'. -TRANS- TRANSFER OF FUNCTIONS Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioner'. 'Council of the District of Columbia' substituted in text for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the Commissioner of the District of Columbia pursuant to section 401 of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, which transferred the functions of the Board of Commissioners, including functions of the President of the Board and all functions of each other member of the Board, including the executive power vested therein, to the Commissioner of the District of Columbia, except as provided by other sections of the Reorganization Plan. For provisions establishing the office of Commissioner of the District of Columbia and abolishing the Board of Commissioners, see sections 301 and 503 of the Plan, set out in the Appendix to Title 5, Government Organization and Employees. Transfer of office of Federal Highway Administrator to and continuation within Department of Transportation under title Director of Public Roads, see section 1652(f)(4) of Title 49, Appendix, Transportation. Commissioner of Public Roads redesignated Federal Highway Administrator by act Aug. 3, 1956, ch. 937, Sec. 2, 70 Stat. 990, set out as a note under section 303 of Title 23, Highways. Functions of Commissioner of Public Buildings and of Commissioner of Public Roads transferred to Administrator of General Services, and Public Roads Administration, to be thereafter known as Bureau of Public Roads, transferred to General Services Administration by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings abolished by section 103(b) of that act. Bureau of Public Roads transferred to Department of Commerce to be administered by Commissioner of Public Roads subject to direction and control of Secretary of Commerce under provisions of 1949 Reorg. Plan No. 7, Sec. 1, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070, set out in the Appendix to Title 5, Government Organization and Employees. A Public Buildings Service, under direction of a Commissioner, established Dec. 11, 1949, by Administrator of General Services, to supersede abolished Public Buildings Administration. ABOLITION OF COUNCIL National Capital Regional Planning Council abolished by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title. -CROSS- DEFINITIONS The definitions in section 1-202 of the District of Columbia Code apply to this section as amended by Pub. L. 93-198. -MISC7- TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71i, 72, 72a, 136 of this title. ------DocID 43870 Document 116 of 816------ -CITE- 40 USC Sec. 71b -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71b. Omitted -COD- CODIFICATION Section, act June 6, 1924, ch. 270, Sec. 3, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 783, which established the National Capital Regional Planning Council, and set forth the composition and powers and functions of the Council, was omitted in view of the abolition of the Council by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note below. REORGANIZATION PLAN NO. 5 OF 1966 EFF. SEPT. 8, 1966, 31 F.R. 11857, 80 STAT. 1611 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 29, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et. seq.). NATIONAL CAPITAL REGIONAL PLANNING COUNCIL -MISC3- SECTION 1. ABOLITION The National Capital Regional Planning Council (66 Stat. 783), together with all of its functions, is hereby abolished. SEC. 2. LIQUIDATION The National Capital Planning Commission shall make such provisions as it shall deem necessary respecting the winding up of the outstanding affairs of the National Capital Regional Planning Council. MESSAGE OF THE PRESIDENT To the Congress of the United States: I am transmitting Reorganization Plan No. 5 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended. The time has come to recognize the readiness of local governments in the Washington area to undertake a role which is properly and rightfully theirs. To that end, I am submitting a reorganization plan to abolish the National Capital Regional Planning Council. Comprehensive regional planning is vital to the orderly development of our metropolitan areas. Nowhere is it more important than in the National Capital region. To be most effective, regional planning must be a responsibility of the area's State and local governments acting together to solve mutual problems of growth and change. It should not be a Federal function, although the Federal Government should support and advance it. The need for cooperative planning was recognized years ago in the National Capital region. The establishment of the National Capital Regional Planning Council in 1952 to prepare a comprehensive development plan was a major step in meeting that need. However, the Council was designed for conditions which no longer exist. It was established by Federal law as a Federal agency financed by Federal funds because the various local jurisdictions then felt they were not in a position to provide the financing necessary for areawide comprehensive planning. The situation that existed in 1952 has been changed by two major developments - The founding of the Metropolitan Washington Council of Governments; and The inauguration of a nationwide urban planning assistance program, commonly referred to as the '701 Program.' The Metropolitan Washington Council of Governments, established in 1957, is a voluntary association of elected officials of local governments in the area. It has a competent professional staff and has done constructive work on areawide development matters. It had a budget of nearly a quarter of a million dollars for fiscal year 1965, mostly derived from local government contributions, and has developed to the point where it can fully carry out the State and local aspects of regional planning. The urban planning assistance program provides for Federal financing of two-thirds of the cost of metropolitan planning. The National Capital Regional Planning Council, as a Federal agency, is not eligible for assistance under this program. The Metropolitan Washington Council of Governments, however, became eligible for that assistance under the terms of the Housing and Urban Development Act of 1965. Accordingly, the elected local governments of the National Capital region have declared their intention of undertaking the responsibility for areawide comprehensive planning through the Council of Governments. The reorganization plan will not alter the basic responsibilities of the National Capital Planning Commission. That Commission will continue to represent the Federal interest in the planning and development of the region. Indeed, its work should increase as comprehensive regional planning by the Council of Governments is accelerated. In accord with the reorganization plan, the Commission will work closely with the Council of Governments in regional planning. The Commission will also deal directly with the suburban jurisdictions and assume the liaison functions now exercised by the National Capital Regional Planning Council. The reorganization plan will improve existing organizational arrangements of and promote more effective and efficient planning for the National Capital region. It will also result in long-range savings to the Federal Government. The regional planning effort of the Council of Governments is supported in part by local contributions. The same work done by the National Capital Regional Planning Council has been supported totally with Federal funds. The plan will eliminate this overlapping effort. Annual savings of at least $25,000 should result from the reorganization plan. The functions to be abolished by the reorganization plan are provided for in sections 2(e), 3, 4, 5(d), and 6(b) of the act approved June 6, 1924, entitled 'An Act providing for a comprehensive development of the park and playground system of the National Capital' (43 Stat. 463), as amended (66 Stat. 783, 40 U.S.C. 71a(e), 71b, 71c, 71d(d), and 71E(b)). I have found, after investigation, that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I recommend that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, June 29, 1966. ------DocID 43871 Document 117 of 816------ -CITE- 40 USC Sec. 71c -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71c. Comprehensive plan for the National Capital -STATUTE- (a) Preparation and adoption by Commission The Commission is hereby charged with the duty of preparing and adopting a comprehensive, consistent, and coordinated plan for the National Capital, which plan shall include the Commission's recommendations or proposals for Federal developments or projects in the environs, and those District elements, or amendments thereto, of the comprehensive plan adopted by the Council and with respect to which the Commission has not determined a negative impact to exist, which elements or amendments shall be incorporated into such comprehensive plan without change. The Commission shall collaborate with the National Capital Regional Planning Council in the development of those elements of the plan for the National Capital which should be incorporated in the regional plan provided for in section 71b of this title. While consistency between the respective proposals of the Commission and the National Capital Regional Planning Council shall be sought, lack of action or agreement by the National Capital Regional Planning Council shall not prevent the Commission from adopting any part of its plan or any recommendation or proposal for Federal developments or projects in the environs. The Commission may include in its plan any portion of any plan adopted by the National Capital Regional Planning Council or any planning agency in the environs and from time to time make recommendations of collateral interest to the National Capital Regional Planning Council or to the aforesaid agencies. (b), (c) Repealed. Pub. L. 93-198, title II, Sec. 203(c)(3), Dec. 24, 1973, 87 Stat. 782 (d) Progressive adoption, amendment, or review The Commission may, as the work of preparing the comprehensive plan progresses, adopt any element or a part or parts thereof and from time to time shall review and may amend or extend the plan, in order that its recommendations may be kept up to date. (e) Consultation with interested agencies; hearings; citizen advisory councils Prior to the final adoption of the comprehensive plan or any element thereof, or any subsequent revision, the Commission shall present such plan, element, or revision to the appropriate Federal or District of Columbia authorities for comment and recommendations. Presentation of proposed revisions may at the Commission's discretion be made annually in a consolidated form. The said recommendations by Federal and District of Columbia authorities shall not be binding on the Commission, but it shall give careful consideration to such views and recommendations as are submitted prior to final adoption. The Commission may, in addition and at its discretion, periodically provide opportunity by public hearings, meetings, or conferences, exhibitions and publication of its plans, for review and comments by nongovernmental agencies or groups, and, in consultation with the Council of the District of Columbia, encourage the formation of one or more citizen advisory councils. In carrying out its planning functions with respect to Federal developments or projects in the environs, the Commission may act in conjunction and cooperation and enter into agreements with any State or local authority or planning agency, as the Commission may deem necessary, to effectuate the adoption of any plan or proposal and secure its realization. -SOURCE- (June 6, 1924, ch. 270, Sec. 4, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 785, and amended 1967 Reorg. Plan No. 3, Sec. 402(28), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title II Sec. 203(c), title IV, Sec. 401, 87 Stat. 782, 785.) -REFTEXT- REFERENCES IN TEXT Section 71b of this title, referred to in subsec. (a), was omitted from the Code in view of the abolition of the National Capital Regional Planning Council by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title. -COD- CODIFICATION The words 'National Capital Regional Planning' were added before references to 'Council' where necessary to avoid possible confusion between references to such Council and the District of Columbia Council. Section is also set out in D.C. Code, Sec. 1-2003. -MISC3- PRIOR PROVISIONS Provisions similar to those concerning preparation and maintenance of a comprehensive plan for the National Capital and its environs were contained in section 71 of this title prior to its amendment by act July 19, 1952. AMENDMENTS 1973 - Subsec. (a), first sentence. Pub. L. 93-198, Sec. 203(c)(1), inserted introductory 'hereby' and substituted 'Federal developments or projects in the environs, and those District elements, or amendments thereto, of the comprehensive plan adopted by the Council and with respect to which the Commission has not determined a negative impact to exist, which elements or amendments shall be incorporated into such comprehensive plan without charge' for 'Federal and District developments or projects in the environs'. Subsec. (a), third sentence. Pub. L. 93-198, Sec. 203(c)(2), struck out 'within the District of Columbia' after 'part of its plan' and 'or District' from phrase 'Federal or District developments or projects'. Subsecs. (b), (c). Pub. L. 93-198, Sec. 203(c)(3), repealed provisions of subsec. (b) relating to contents of comprehensive plan and of subsec. (c) relating to generalized elements of comprehensive plan. See comprehensive plan provisions of section 71a(a) of this title. -TRANS- TRANSFER OF FUNCTIONS 'Council of the District of Columbia' substituted in text for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(28) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to consultations concerning the formation of one or more citizens advisory councils under subsec. (e) of this section to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions abolishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. ABOLITION OF COUNCIL National Capital Regional Planning Council, referred to in subsec. (a), abolished by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title. -CROSS- DEFINITIONS The definitions in section 1-202 of the District of Columbia Code apply to this section as amended by Pub. L. 93-198. EX. ORD. NO. 11815. DELEGATION OF PRESIDENTIAL FUNCTION OF ESTABLISHING METES AND BOUNDS OF NATIONAL CAPITAL SERVICE AREA Ex. Ord. No. 11815, Oct. 23, 1974, 39 F.R. 37963, provided: By virtue of the authority vested in me by section 739(g) of the District of Columbia Self-Government and Governmental Reorganization Act (87 Stat. 828; Public Law 93-198), and as President of the United States, the Chairman of the National Capital Planning Commission is authorized and directed to exercise all authority and to carry out all duties vested in the President by section 739(g) of the above cited law with respect to establishing the metes and bounds of the National Capital Service Area. Prior to establishing said metes and bounds, the Chairman shall consult with the appropriate representative of the District of Columbia Government. Gerald R. Ford. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71a, 71i, 72, 72a, 136 of this title. ------DocID 43872 Document 118 of 816------ -CITE- 40 USC Sec. 71d -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71d. Proposed Federal and District developments and projects -STATUTE- (a) Consultations between agencies and Commission; procedure In order to insure the comprehensive planning and orderly development of the National Capital, each Federal and District of Columbia agency prior to the preparation of construction plans originated by such agency for proposed developments and projects or to commitments for the acquisition of land, to be paid for in whole or in part from Federal or District funds, shall advise and consult with the Commission in the preparation by the agency of plans and programs in preliminary and successive stages which affect the plan and development of the National Capital: Provided, however, That the Commission shall determine in advance the type or kinds of plans, developments, projects, improvements, or acquisitions which do not need to be submitted for review by the Commission as to conformity with its plans. After receipt of such plans, maps, and data, it shall be the duty of the Commission to make promptly a preliminary report and recommendations to the agency or agencies concerned. If, after having received and considered the report and recommendations of the Commission the agency does not concur, it shall advise the Commission with its reasons therefor, and the Commission shall submit a final report. After such consultation and suitable consideration of the views of the Commission the agency may proceed to take action in accordance with its legal responsibilities and authority. (b) Exceptions to consultation procedure The procedure prescribed in subsection (a) of this section shall not apply to projects within the Capitol grounds or to structures erected by the Department of Defense during wartime or national emergency within existing military, naval, or Air Force reservations, except that the appropriate defense agency shall consult with the Commission as to any developments which materially affect traffic or require coordinated planning of the surrounding area. (c) Approval of District Government buildings within central area; time for transmittal of approval or disapproval of such buildings The provisions of section 16 of the Act approved June 20, 1938 (D.C. Code, Sec. 5-432), are extended to include public buildings erected by any agency of the Government of the District of Columbia within the boundaries of the central area of the District, as such central area may be defined and from time to time redefined by concurrent action of the Commission and the Council, except that the Commission shall transmit its approval or disapproval respecting any such building within thirty days after the day it was submitted to the Commission. (d) Additional procedure for consultation on developments and projects within environs Within the environs, general plans showing the location, character, extent and intensity of use for proposed Federal and District developments and projects involving the acquisition of land, shall be submitted to the Commission for report and recommendations before final commitment to said acquisition, unless such matters shall have been specifically approved by an Act of Congress. Before acting on any general plan, the Commission shall advise and consult with the National Capital Regional Planning Council and the appropriate planning agency having jurisdiction over the affected part of the environs. When, in the judgment of the Commission, proposed developments or projects submitted to the Commission under subsection (a) of this section involve a major change in the character or intensity of an existing use in the environs, the Commission shall likewise advise and consult with the National Capital Regional Planning Council and the aforesaid planning agency. The report and recommendations required under this subsection shall be submitted within sixty days and shall be accompanied by any reports or recommendations that may have been prepared by the National Capital Regional Planning Council or the aforesaid planning agency. (e) Intent of section; interchange of plans, data, etc. It is the intent of this section to obtain cooperation and correlation of effort between the various agencies of the Federal Government which are responsible for public developments and projects, including the acquisition of land. These agencies, therefore, shall look to the Commission and utilize it as the central planning agency for the Federal activities in the National Capital region. To aid the Commission in carrying out this function, plans, data, and records, or copies thereof, necessary to the Commission shall be furnished upon its request by such Federal and District governmental agencies; and the Commission shall likewise furnish related plans, data, and records, or copies thereof, to Federal and District of Columbia governmental agencies upon request. -SOURCE- (June 6, 1924, ch. 270, Sec. 5, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 787, and amended 1967 Reorg. Plan No. 3, Sec. 402(29), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 203(d), 87 Stat. 782.) -COD- CODIFICATION The words 'National Capital Regional Planning' were added before references to 'Council' where necessary to avoid possible confusion between references to such Council and the District of Columbia Council. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(29) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the definition and redefinition of the central area of the District of Columbia to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. Section is also set out in D.C. Code, Sec. 1-2004. -MISC3- PRIOR PROVISIONS Similar provisions relating to the preparation and maintenance of a comprehensive plan for the National Capital and its environs, and the cooperation between the former National Capital Park and Planning Commission and agencies of the Federal and District Governments were contained in section 71 of this title, prior to its amendment by act July 19, 1952. AMENDMENTS 1973 - Subsec. (c). Pub. L. 93-198, Sec. 203(d)(1), provided for Commission transmittal of its approval or disapproval respecting any building within thirty days after the day it was submitted to the Commission. Subsec. (e). Pub. L. 93-198, Sec. 203(d)(2), struck out 'of the foregoing provisions' after 'intent' and substituted 'Federal Government' for 'Federal and District Governments' in first sentence and substituted 'Federal activities' for 'Federal and District Governments' in second sentence. -TRANS- ABOLITION OF COUNCIL National Capital Regional Planning Council, referred to in subsec. (b), abolished by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title. -CROSS- DEFINITIONS The definitions in section 1-202 of the District of Columbia Code apply to this section as amended by Pub. L. 93-198. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71a, 71i, 72, 72a, 136, 616 of this title; title 49 App. section 2458. ------DocID 43873 Document 119 of 816------ -CITE- 40 USC Sec. 71e -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71e. Repealed. Pub. L. 93-198, title II, Sec. 203(e), Dec. 24, 1973, 87 Stat. 782 -MISC1- Section, act June 6, 1924, ch. 270, Sec. 6, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 789, provided for inclusion in comprehensive plan of thoroughfare and mass transportation plans, providing in former subsec. (a) for preparation and adoption of plans by Commission and submission, approval, and revision and in former subsec. (b) for consultations prior to adoption of a thoroughfare plan, recommendations, and procedure by Bureau of Public Roads. ------DocID 43874 Document 120 of 816------ -CITE- 40 USC Sec. 71f -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71f. Capital improvements -STATUTE- (a) Six-year program of public works; recommendations and annual review; submission of advance programs The Commission shall recommend a six-year program of public works projects for the Federal Government which it shall review annually with the agencies concerned. To this end, each Federal agency shall submit to the Commission in the first quarter of each fiscal year a copy of its advance program of capital improvements within the National Capital and its environs. (b) Submission of multiyear capital improvement plan The Mayor shall submit to the Commission, by February 1 of each year, a copy of the multiyear capital improvements plan for the District developed by him under section 444 of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, Sec. 47-303). The Commission shall have thirty days within which to comment upon such plan but shall have no authority to change or disapprove of such plan. -SOURCE- (June 6, 1924, ch. 270, Sec. 7, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 789, and amended 1967 Reorg. Plan No. 3, Sec. 402(32), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 203(f), title IV, Sec. 421, 87 Stat. 782, 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2005. -MISC3- PRIOR PROVISIONS Similar provisions relating to preparation and maintenance of a comprehensive plan for the National Capital and its environs, including public works, and for cooperation between the former National Capital Park and Planning Commission and Federal and District Governments were contained in section 71 of this title prior to its amendment by act July 19, 1952. AMENDMENTS 1973 - Subsec. (a). Pub. L. 93-198 designated existing provisions as subsec. (a), inserted 'for the Federal Government' after 'public works projects', and struck out 'and the District of Columbia Council' after 'Federal agency'. Subsec. (b). Pub. L. 93-198 added subsec. (b). -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in subsec. (b) for 'commissioner'. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(32) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the submission of a copy of the District's advance program of capital improvements to the National Capital Planning Commission, to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. -CROSS- DEFINITIONS The definitions in section 1-202 of the District of Columbia Code apply to this section as amended by Pub. L. 93-198. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71a, 71i, 72, 72a, 136 of this title. ------DocID 43875 Document 121 of 816------ -CITE- 40 USC Sec. 71g -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71g. Zoning regulations and maps, and subdivision of lands -STATUTE- (a) Amendments of zoning regulations and maps The Commission may make a report and recommendation to the Zoning Commission of the District of Columbia, as provided in section 5 of the Act of March 1, 1920 (D.C. Code, sec. 5-417), on proposed amendments of the zoning regulations and maps as to the relation, conformity, or consistency of such amendments with the comprehensive plan for the National Capital. The Commission may also submit to the said Zoning Commission proposed amendments or general revisions to the zoning regulations or the zoning map for said District. (b) Further reports on proposed amendments When requested by a properly authorized representative of the Commission, the Zoning Commission may at its discretion recess for a reasonable period of time any public hearing held by it to consider a proposed amendment to the zoning regulations or map, in order that the Commission or its representative may have an opportunity to present to the Zoning Commission a further report on the proposed amendment. (c) Performance of functions by Zoning Committee of National Capital Planning Commission The functions vested in the Commission pursuant to this section may, to such extent as the Commission shall determine, and subject to confirmation by the Commission when requested by the Zoning Commission of the District of Columbia, be performed by a committee of the Commission which shall be known as the Zoning Committee of the National Capital Planning Commission and shall consist of not less than three members of the Commission designated by the Commission for the purpose. The number of members serving on the Zoning Committee may be varied from time to time. (d) Recommendations as to platting and subdividing lands; procedure Any proposed change in or addition to the regulations or general orders regulating the platting and subdividing of lands and grounds in the District of Columbia shall first be submitted to the Commission by the Council of the District of Columbia for report and recommendation prior to adoption by such Council. Should the Council not concur in the recommendations of the Commission, it shall so advise the Commission with its reasons therefor and the Commission shall submit a final report within thirty days. After consideration of this final report, the Council may proceed to take action in accordance with its legal responsibilities and authority. It shall be the duty of the Commission to submit any proposed changes in or amendments to the general orders that the Commission considers appropriate and the Council shall treat the amendments proposed in the same manner as other proposed amendments. -SOURCE- (June 6, 1924, ch. 270, Sec. 8, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790, and amended 1967 Reorg. Plan No. 3, Sec. 402(21), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 203(g), title IV, Sec. 401, 87 Stat. 783, 785.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2006. -MISC3- PRIOR PROVISIONS Similar provisions relating to the preparation and maintenance of a comprehensive plan for the National Capital and its environs, including zoning regulations, plats, and subdivisions, and for cooperation between the former National Capital Park and Planning Commission and Federal and District Governments were contained in section 71 of this title, prior to its amendment by act July 19, 1952. AMENDMENTS 1973 - Subsec. (a). Pub. L. 93-198 provided for the making of a report and recommendations as provided in section 5 of the Act of March 1, 1920 (D.C. Code, sec. 5-417), including consistency of proposed amendments of zoning regulations and maps with the comprehensive plan, substituting 'comprehensive plan for the National Capital' for 'comprehensive plan of the District of Columbia' and deleted provision for Commission submission to the Zoning Commission of proposed amendments or general revisions to the zoning regulations or the zoning map for the District. -TRANS- TRANSFER OF FUNCTIONS 'Council of the District of Columbia' substituted in subsec. (d) for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council to reflect D.C. Code Sec. 1-613 and section 402(21) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the making and publishing of general orders regulating the platting and subdividing of lands and grounds to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71a, 71i, 72, 72a, 136 of this title. ------DocID 43876 Document 122 of 816------ -CITE- 40 USC Sec. 71h -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71h. Transfer of functions to Commission -STATUTE- All other functions, powers, and duties of the National Capital Park and Planning Commission, including those formerly vested in the Highway Commission established by the Act of March 2, 1893 (27 Stat. 532) (D.C. Code, Sec. 7-107 et seq.), and those formerly vested in the National Capital Park Commission by the Act of June 6, 1924 (43 Stat. 463) together with the personnel, records, property, and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds, including trust funds, of the National Capital Park and Planning Commission, are transferred to the Commission. -SOURCE- (June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790.) -REFTEXT- REFERENCES IN TEXT Act of March 2, 1893 (27 Stat. 532), referred to in text, is act Mar. 2, 1893, ch. 197, 27 Stat. 532, as amended, which appears in sections 7-107 to 7-111 of Title 7, Highways, Streets, Bridges, of the District of Columbia Code. The functions, powers, and duties formerly vested in the National Capital Park Commission by the Act of June 6, 1924 (43 Stat. 463), referred to in text, are the functions, powers, and duties vested by act June 6, 1924, ch. 270, Sec. 1 to 4, 43 Stat. 463, which enacted sections 71, 72, 73, and 74 of this title prior to the amendment of such act by act July 19, 1952, ch. 949, Sec. 1, 66 Stat. 781. The Commission, referred to in text, is the National Capital Planning Commission created by section 71a of this title. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2007. -TRANS- TRANSFER OF FUNCTIONS Functions of National Capital Park Commission and Highway Commission of District of Columbia transferred to National Capital Park and Planning Commission by act Apr. 30, 1926, ch. 198, 44 Stat. 376. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71i, 72, 72a of this title. ------DocID 43877 Document 123 of 816------ -CITE- 40 USC Sec. 71i -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71i. Authorization of appropriations to carry out sections 71 to 71i -STATUTE- There are authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated and in any appropriate appropriation Act other than the annual District of Columbia Appropriation Act, such sums as may be necessary to carry out the provisions of sections 71 to 71i of this title, any existing provisions of law to the contrary notwithstanding. -SOURCE- (June 6, 1924, ch. 270, Sec. 10, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 791.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2008. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 72, 72a of this title. ------DocID 43878 Document 124 of 816------ -CITE- 40 USC Sec. 72 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72. Acquisition of land by Commission -STATUTE- Said Commission or a majority thereof is authorized and directed to acquire such lands as in its judgment shall be necessary and desirable in the District of Columbia and adjacent areas in Maryland and Virginia, within the limits of the appropriations made for such purposes, for suitable development of the National Capital park, parkway, and playground system. Said Commission is authorized to acquire such lands by purchase when they can be acquired at prices reasonable in the judgment of said Commission, otherwise by condemnation proceedings, such proceedings to acquire lands within the District of Columbia to be in accordance with the provisions of the Act of Congress approved August 30, 1890, providing a site for the Government Printing Office (United States Statutes at Large, volume 26, chapter 837), the Chief of Engineers of the Army being, for the purposes of sections 71 to 71i, 72, 73 and 74 of this title, clothed with all the power vested by the said act of August 30, 1890, in the board created. Said Commission is authorized to acquire such lands, located in Maryland or Virginia, either by purchase or condemnation proceedings, by such arrangements as to acquisition and payment for the lands as it shall determine upon by agreement with the proper officials of the States of Maryland and Virginia. In the selection of lands to be acquired the advice of the Commission of Fine Arts shall be requested. The designation of all lands to be acquired by condemnation, all contracts for purchase of lands, and all agreements between said Commission and the officials of the States of Maryland and Virginia shall be subject to the approval of the President of the United States. -SOURCE- (June 6, 1924, ch. 270, Sec. 11, formerly Sec. 2, 43 Stat. 463, renumbered Sec. 11, July 19, 1952, ch. 949, Sec. 2, 66 Stat. 791.) -REFTEXT- REFERENCES IN TEXT The Act of Congress approved August 30, 1890, providing a site for the Government Printing Office (United States Statutes at Large, volume 26, chapter 837), referred to in text, is act Aug. 30, 1890, ch. 837, 26 Stat. 412, which enacted section 120 of this title, section 861a of former Title 10, Army and Air Force, section 446 of Title 16, Conservation, sections 497, 601 and 651 of former Title 31, Money and Finance, section 887 of Title 33, Navigation and Navigable Waters, and sections 212, 662 and 945 of Title 43, Public Lands, and amended section 321 of Title 43. Former Titles 10 and 31 were revised generally by act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1, and Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877, respectively. For disposition of sections of former titles, see Table I - Revised Titles. For complete classification of this Act to the Code, see Tables. Section 2 of act August 30, 1890, referred to in text, created a board consisting of the Secretary of the Treasury, the Public Printer, and the Architect of the Capitol to acquire land for the accommodation of the Government Printing Office and the construction of needed storage and distributing warehouses in connection therewith. Section 3 of such act authorized the board to acquire the land by negotiation at a price not above a fair relative value as to other lands which had been sold in the immediate vicinity; or if the board were unable to purchase said land by agreement with any one or more of the respective owners at a reasonable price within sixty days after the passage of the act, it was authorized to 'make application to the Supreme Court of the District of Columbia (now the United States District Court for the District of Columbia), at any general or special term thereof, by petition for the condemnation of such land not so purchased, and for the ascertainment of its value. Such petition shall contain a particular description of the property not so purchased, and selected for the purpose aforesaid, with the name of the owner or owners thereof and their residences, so far as the same may be ascertained, together with a plan of the land proposed to be taken; and thereupon the said court is authorized and required to cite all such owners and all other persons interested to appear in said court at a time to be fixed by such court, on reasonable notice, to answer the said petition; and if it shall appear to the court that there are any owners or other persons interested who are under disability the court shall give public notice of the time at which the said court will proceed with the matter of condemnation; and at such time if it shall appear that there are any persons under disability either who have appeared or who have not appeared, the court shall appoint guardians ad litem for each such persons, and the court shall thereupon proceed to appoint three capable and disinterested commissioners to appraise the value of the respective interests of all persons concerned in such lands, under such regulations as to notice and hearing as to the court shall seem meet. Such commissioners shall thereupon, after being duly sworn for the proper performance of their duties, examine the premises and hear the persons in interest who may appear before them, and return their appraisement of the value of the interests of all persons, respectively, in such land; and in case any of the persons entitled according to the judgment of the court are under disability, or can not be found, or neglect to receive payment, the money to be paid to any of them shall be deposited in the Treasury to their credit, unless there shall be some person lawfully authorized to receive the same under the direction of the court, and when such payments are so made, or the amounts belonging to persons to whom payment shall not be made are so deposited, the said lands shall be deemed to be condemned and taken by the United States for the public use.' These provisions were never executed and the appropriation therefor was suspended by act Mar. 3, 1891, ch. 542, 26 Stat. 989. However, the provisions of section 3 of the act of Aug. 30, 1890, referred to and partly quoted above, with respect to condemnation proceeding, were rendered general and permanent by a provision of the end of that section which read as follows: 'And hereafter, in all cases of the taking of property in the District of Columbia for public use, whether herein, heretofore, or hereafter authorized, the foregoing provisions, as it respects the application by the proper officer to the supreme court of the District of Columbia (see above for change in name) and the proceedings therein shall be as in the foregoing provisions declared'. In view of this provision, section 3, reworded at the beginning thereof to incorporate it, was classified to former section 120 of this title. Former section 120 was superseded in effect by act Mar. 1, 1929, ch. 416, 45 Stat. 1415, which was formerly classified to section 361 et seq. of this title. See chapter 13 (Sec. 16-1301 et seq.) of Title 16, Particular Actions, Proceedings and Matters, of the District of Columbia Code. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2009. -TRANS- TRANSFER OF FUNCTIONS 'Commission', as used in this section, refers to National Capital Planning Commission, rather than to National Capital Park and Planning Commission, in view of transfer of functions, powers, etc., from latter to former by section 71h of this title. DELEGATION OF FUNCTIONS Authority of President under last sentence of this section to approve (i) designation of lands to be acquired by condemnation, (ii) contracts for purchase of lands, and (iii) agreements between National Capital Planning Commission and officials of States of Maryland and Virginia delegated to Director of Office of Management and Budget, see section 9(4) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71h, 72a, 74 of this title. ------DocID 43879 Document 125 of 816------ -CITE- 40 USC Sec. 72a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72a. Acquisition of land by Commission subject to limited rights reserved to grantor; acquisition of limited permanent rights in land adjoining park property -STATUTE- The authority of the National Capital Planning Commission, established by section 71 of this title, is enlarged as follows: Said Commission is authorized to acquire, for and in behalf of the United States of America, by gift, devise, purchase, or condemnation, in accordance with the provisions of sections 71 to 71i, 72, 73, and 74 of this title, (1) fee title to land subject to limited rights, but not for business purposes, reserved to the grantor: Provided, That such reservation of rights shall not continue beyond the life or lives of the grantor or grantors of the fee: Provided further, That in the opinion of said Commission the permanent public park purposes for which control over said land is needed are not essentially impaired by said reserved rights and that there is a substantial saving in cost by acquiring said land subject to said limited rights as compared with the cost of acquiring unencumbered title thereto; (2) permanent rights in land adjoining park property sufficient to prevent the use of said land in certain specified ways which would essentially impair the value of the park property for its purposes: Provided, That in the opinion of said Commission the protection and maintenance of the essential public values of said park can thus be secured more economically than by acquiring said land in fee or by other available means: Provided further, That all contracts for acquisition of land subject to such limited rights reserved to the grantor and for acquisition of such limited permanent rights in land shall be subject to the approval of the President of the United States. -SOURCE- (Dec. 22, 1928, ch. 48, Sec. 1, 45 Stat. 1070; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790.) -REFTEXT- REFERENCES IN TEXT Former provisions of section 71 of this title, referred to in text, established the National Capital Park and Planning Commission, to which such clause originally referred. For transfer of functions, powers, etc., of that Commission to the National Capital Planning Commission, see Transfer of Functions note set out below, and for creation of the latter Commission, see section 71a of this title. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-101. -TRANS- TRANSFER OF FUNCTIONS In opening clause, 'National Capital Planning Commission' substituted for 'National Capital Park and Planning Commission', on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. DELEGATION OF FUNCTIONS Authority of President under this section to approve contracts for acquisition of land subject to limited rights reserved to grantor and for acquisition of limited permanent rights in land adjoining park property delegated to Director of Office of Management and Budget, see section 9(5) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. ------DocID 43880 Document 126 of 816------ -CITE- 40 USC Sec. 72b -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72b. Lease of lands acquired for park, parkway, or playground purposes -STATUTE- The Administrator of General Services is authorized, subject to the approval of the National Capital Planning Commission, to lease, for a term not exceeding five years, and to renew such lease, subject to such approval, for an additional term not exceeding five years, pending need for their immediate use in other ways by the public, and on such terms as the Administrator shall determine, land or any existing building or structure on land acquired for park, parkway, or playground purposes. -SOURCE- (Dec. 22, 1928, ch. 48, Sec. 2, 45 Stat. 1070; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389; 1939 Reorg. Plan No. 1, Sec. 303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-103. -TRANS- TRANSFER OF FUNCTIONS 'National Capital Planning Commission' substituted in text for 'National Capital Park and Planning Commission', on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. 'Administrator of General Services' substituted in text for 'Director of Public Buildings and Public Parks of the National Capital'. See Transfer of Functions note set out under section 19 of this title. ------DocID 43881 Document 127 of 816------ -CITE- 40 USC Sec. 72c -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72c. Power to sell lands -STATUTE- The Mayor of the District of Columbia, with the approval of the National Capital Planning Commission, is authorized and empowered in his discretion, for the best interests of the District of Columbia, to sell and convey, in whole or in part, to the highest bidder at public or private sale, real estate now or hereafter owned in fee simple by the District of Columbia for municipal use, in the District of Columbia, which the Council of the District of Columbia and the National Capital Planning Commission find to be no longer required for public purposes. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 1, 53 Stat. 1211; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790; 1967 Reorg. Plan No. 3, Sec. 401, 402(192), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 401, 421, 87 Stat. 785, 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-401. -MISC3- REPEALS Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith. -TRANS- TRANSFER OF FUNCTIONS 'National Capital Planning Commission' substituted in text for 'National Capital Park and Planning Commission', on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. Function of Board of Commissioners to find that real estate is no longer required for a public purpose transferred to District of Columbia Council pursuant to section 402(192) of Reorg. Plan No. 3 of 1967. 'Council of the District of Columbia' substituted in text for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 72e, 74b of this title. ------DocID 43882 Document 128 of 816------ -CITE- 40 USC Sec. 72d -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72d. Expenses of land sales -STATUTE- The Mayor of the District of Columbia is further authorized to pay the reasonable and necessary expenses of sale of each parcel of land sold, and shall deposit the net proceeds thereof in the Treasury of the United States to the credit of the District of Columbia. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 2, 53 Stat. 1211; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-402. -MISC3- REPEALS Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 72e, 74b of this title. ------DocID 43883 Document 129 of 816------ -CITE- 40 USC Sec. 72e -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72e. Execution of deeds to lands -STATUTE- The Mayor of the District of Columbia is authorized to execute proper deeds of conveyance for real estate sold under the provisions of sections 72c to 72e and 74a to 74c of this title, which shall contain a full description of the land sold, either by metes and bounds, or otherwise, according to law. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 3, 53 Stat. 1211; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-403. -MISC3- REPEALS Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 74b of this title. ------DocID 43884 Document 130 of 816------ -CITE- 40 USC Sec. 73 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 73. Authorization of appropriations for expenses, and acquisition of lands by Commission; assignment of playground areas; control of lands outside District -STATUTE- There is authorized to be appropriated, each year, in the annual District of Columbia Appropriation Act, a sum not exceeding 1 cent for each inhabitant of the continental United States as determined by the last preceding decennial census, said sum to be used by said Commission for the payment of its expenses and for the acquisition of the lands herein authorized to be acquired by said Commission for the purposes named, the compensation for the land, the expense of surveys, ascertainment of title, condemnation proceedings, if any, and necessary conveyancing to be paid from said appropriations. The funds so appropriated shall be paid from the revenues of the District of Columbia and the general funds of the Treasury in the same proportion as other expenses of the District of Columbia. The land so acquired within the District of Columbia shall be a part of the park system of the District of Columbia and be under control of the Director of the National Park Service. Areas suitable for playground purposes may, in the discretion of said Commission, be assigned to the control of the Mayor of the District of Columbia for playground purposes. The land so acquired outside the District of Columbia shall be controlled as determined by agreement between said commission and the proper officers of the States of Maryland and Virginia, such agreements to be subject to the approval of the President. -SOURCE- (June 6, 1924, ch. 270, Sec. 12, formerly Sec. 3, 43 Stat. 463; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933, Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389; renumbered Sec. 12, July 19, 1952, ch. 949, Sec. 2, 66 Stat. 791; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2010. -TRANS- TRANSFER OF FUNCTIONS 'Commission', as used in this section, refers to National Capital Planning Commission, rather than to National Capital Park and Planning Commission, in view of transfer of functions, powers, etc., from latter to former by section 71h of this title. Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. National Park Service, referred to in text, is an agency of Department of the Interior. Office of Public Buildings and Public Parks of National Capital abolished and functions thereof transferred to Office of National Parks, Buildings, and Reservations of Department of the Interior by Ex. Ord. No. 6166. Name of latter office changed to 'National Park Service' by act Mar. 2, 1934. Act Feb. 26, 1925 ch. 339, Sec. 3, 43 Stat. 983, abolished office of Public Buildings and Grounds under Chief of Engineers and transferred functions thereof to Director of Public Buildings and Public Parks. Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71h, 72, 72a, 74 of this title. ------DocID 43885 Document 131 of 816------ -CITE- 40 USC Sec. 74 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 74. Annual reports of Commission to Congress; estimates for Office of Management and Budget -STATUTE- Said Commission shall report to Congress annually on the first Monday of March the lands acquired during the preceding fiscal year, the method of acquisition, and the cost of each tract. It shall also submit to the Office of Management and Budget on or before December 15 of each year its estimate of the total sum to be appropriated for expenditure under the provisions of sections 71 to 71i, 72, 73 and 74 of this title during the succeeding fiscal year. -SOURCE- (June 6, 1924, ch. 270, Sec. 13, formerly Sec. 4, 43 Stat. 464, renumbered Sec. 13, July 19, 1952, ch. 949, Sec. 2, 66 Stat. 791; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Apr. 21, 1976, Pub. L. 94-273, Sec. 21, 90 Stat. 379.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2011. -MISC3- AMENDMENTS 1976 - Pub. L. 94-273 substituted 'March' for 'December' and 'December' for 'September'. -TRANS- TRANSFER OF FUNCTIONS 'Commission', as used in this section, refers to National Capital Planning Commission, rather than to National Capital Park and Planning Commission, in view of transfer of functions, powers, etc., from latter to former by section 71h of this title. Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of United States by section 101 of Reorg. Plan No. 2 of 1970. Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the Budget as Office of Management and Budget. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71h, 72, 72a of this title. ------DocID 43886 Document 132 of 816------ -CITE- 40 USC Sec. 74a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 74a. Sale by the Secretary of the Interior of lands no longer needed for public purposes -STATUTE- The Secretary of the Interior, with the approval of the National Capital Planning Commission, is authorized, in his discretion, for the best interests of the United States, to sell and convey, in whole or in part, by proper deed or instrument, any real estate held by the United States in the District of Columbia and under the jurisdiction of the National Park Service, which may be no longer needed for public purposes for cash, or on such deferred-payment plan as the Secretary of the Interior may approve, at a price not less than that paid for it by the Government and not less than its present appraised value as determined by him. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 4, 53 Stat. 1211; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-404. -MISC3- REPEALS Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith. -TRANS- TRANSFER OF FUNCTIONS 'National Capital Planning Commission' substituted in text for 'National Capital Park and Planning Commission', on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. National Park Service, referred to in text, is an agency of Department of the Interior. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 72e, 74b of this title. ------DocID 43887 Document 133 of 816------ -CITE- 40 USC Sec. 74b -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 74b. Sale to highest bidder; rights of abutting owner -STATUTE- In selling any parcel of land under sections 72c to 72e and 74a to 74c said Secretary shall cause such public or private solicitation for bids or offers to be made as he may deem appropriate, and shall sell the parcel to the party agreeing to pay the highest price therefor if such price is otherwise satisfactory: Provided, That in the event the price offered or bid by the owner of any lands abutting the lands to be sold equals the highest price offered or bid by any other party, the parcel may be sold to such abutting owner. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 5, 53 Stat. 1211.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-405. -MISC3- REPEALS For repeal, see note under section 74a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 72e of this title. ------DocID 43888 Document 134 of 816------ -CITE- 40 USC Sec. 74c -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 74c. Expenses of sale; disposition of proceeds -STATUTE- Said Secretary is further authorized to pay the reasonable and necessary expenses of sale of each parcel of land sold, and shall deposit the net proceeds thereof in the Treasury to the credit of the United States and the District of Columbia in the proportion that each paid the appropriations from which the parcels of land were acquired or were obligated to pay the same, at the time of acquisition, by reimbursement. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 6, 53 Stat. 1211.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-406. -MISC3- REPEALS For repeal, see note under section 74a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 72e, 74b of this title. ------DocID 43889 Document 135 of 816------ -CITE- 40 USC Sec. 75 to 77 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 75 to 77. Omitted -COD- CODIFICATION Section 75, acts July 1, 1898, ch. 543, Sec. 2, 30 Stat. 570; Feb. 2, 1904, ch. 89, 33 Stat. 10; Apr. 14, 1906, ch. 1622, 34 Stat. 112; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to park system in District of Columbia and rules relating to improvements, parking spaces, and business streets. See D.C. Code, Sec. 8-104. Section 76, acts June 5, 1920, ch. 235, 41 Stat. 898; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to vehicle and traffic regulations issued and enforced by Director of National Park Service in District of Columbia. See D.C. Code, Sec. 8-105. Section 77, act May 27, 1924, ch. 199, Sec. 9, 43 Stat. 176, related to appointment and powers of special police in District of Columbia. See D.C. Code, Sec. 4-205. ------DocID 43890 Document 136 of 816------ -CITE- 40 USC Sec. 77a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 77a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 656 -MISC1- Section, act Aug. 11, 1951, ch. 301, title I, 65 Stat. 185, authorized a detail of Secret Service Agents to supervise the guard for Treasury Department buildings. Acts May 6, 1939, ch. 115, title I, 53 Stat. 657; Mar. 25, 1940, ch. 71, title I, 54 Stat. 57; May 31, 1941, ch. 156, title I, 55 Stat. 214; Mar. 10, 1942, ch. 178, title I, 56 Stat. 152; June 30, 1943, ch. 179, title I, 57 Stat. 260; Apr. 22, 1944, ch. 175, title I, 58 Stat. 204; Apr. 24, 1945, ch. 92, title I, 59 Stat. 64; July 20, 1946, ch. 588, title I, 60 Stat. 576; July 1, 1947, ch. 186, title I, 61 Stat. 222; June 14, 1948, ch. 466, title I, 62 Stat. 413; June 30, 1949, ch. 286, title I, 63 Stat. 362; Sept. 6, 1950, ch. 896, Ch. IV, title I, 64 Stat. 638, which contained similar provisions to section 77a of this title, were repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 650 to 656. ------DocID 43891 Document 137 of 816------ -CITE- 40 USC Sec. 78 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 78. Omitted -COD- CODIFICATION Section, acts July 1, 1898, ch. 543, Sec. 4, 30 Stat. 570; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to use of spaces and reservation of spaces for widening roadways in the District of Columbia. See D.C. Code, Sec. 8-123. ------DocID 43892 Document 138 of 816------ -CITE- 40 USC Sec. 79 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 79. Transfers of jurisdiction between Director of National Park Service and Mayor of the District of Columbia -STATUTE- When in accordance with law or mutual legal agreement, spaces or portions of public land are transferred from the jurisdiction of the Director of the National Park Service, as established by this Act to that of the Mayor of the District of Columbia, or vice versa, the letters exchanged between them of transfer and acceptance shall be sufficient authority for the necessary change in the official maps and for record when necessary. -SOURCE- (July 1, 1898, ch. 543, Sec. 5, 30 Stat. 570; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933, Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. 1, Sec. 303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act July 1, 1898, ch. 543, 30 Stat. 570, as amended, which enacted sections 60, 75, 78, 79, and 80 of this title and amended section 67 of this title. Sections 60, 67, 75, 78, and 80 of this title have been omitted from the Code. See sections 8-106, 5-204, 8-104, 8-123, and 8-137 of the D.C. Code. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-129. Act July 1, 1898 applied to transfers of land from the jurisdiction of the Chief of Engineers of the United States Army, as established by said act to that of the Commissioners of the District of Columbia, or vice versa. -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. National Park Service, referred to in text, is an agency of Department of the Interior. Functions of Director of National Park Service relating to public buildings transferred to Federal Works Administrator by section 303(b) of Reorg. Plan No. 1, of 1939. Office of Public Buildings and Public Parks of National Capital abolished and functions thereof transferred to Office of National Parks, Buildings and Reservations of Department of the Interior by Ex. Ord. No. 6166. Name of latter office changed to 'National Park Service' by act Mar. 2, 1934. Office of Public Buildings and Grounds under Chief of Engineers abolished and functions of Chief of Engineers and of Secretary of War with respect thereto transferred to Director of Public Buildings and Public Parks of National Capital by act Feb. 26, 1925. Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. Section 402(181) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, transferred regulatory and other functions of Board of Commissioners relating to transferal of jurisdiction over properties or parts of properties to Federal authorities, and accepting from Federal authorities jurisdiction over properties or parts thereof under this section, to District of Columbia Council, subject to right of Commissioner as provided by section 406 of the Plan. For provisions establishing District of Columbia Council, see section 201 of the Reorg. Plan No. 3 of 1967. -CROSS- CROSS REFERENCES General authorization for transfer; recommendation by National Capital Planning Commission; reports to Congress, see section 122 of this title. ------DocID 43893 Document 139 of 816------ -CITE- 40 USC Sec. 80, 81 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 80, 81. Omitted -COD- CODIFICATION Section 80, acts July 1, 1898, ch. 543, Sec. 6, 30 Stat. 571; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to authority to make regulations for care of public grounds. See D.C. Code, Sec. 8-137. Section 81, acts Mar. 4, 1909, ch. 299, 35 Stat. 994; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to authority to make regulations for care of sidewalks. See D.C. Code, Sec. 8-138. ------DocID 43894 Document 140 of 816------ -CITE- 40 USC Sec. 82 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 82. Public spaces resulting from filling of canals under jurisdiction of Director -STATUTE- All public spaces resulting from the filling of canals in the original city of Washington not under the jurisdiction of the Director of the National Park Service as of August 1, 1914, except such portions as are included in the navy yard or in actual use as roadways and sidewalks, and except the portions assigned by law to the District of Columbia for use as a property yard and the location of a sewage pumping station, respectively, are placed under the jurisdiction of the Director of the National Park Service and shall be laid out as reservations as a part of the park system of the District of Columbia. -SOURCE- (Aug. 1, 1914, ch. 223, 38 Stat. 633; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-139. Section is based on Sundry Civil Appropriation Act Aug. 1, 1914, fiscal year 1915. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions from Chief of Engineers of United States Army to Director of National Park Service by act Feb. 26, 1925, Ex. Ord. No. 6166, and by act Mar. 2, 1934, see note set out under section 73 of this title. ------DocID 43895 Document 141 of 816------ -CITE- 40 USC Sec. 83 to 88 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 83 to 88. Omitted -COD- CODIFICATION Section 83, act Sept. 27, 1890, ch. 1001, Sec. 1, 26 Stat. 492, related to establishment of Rock Creek Park in District of Columbia. See D.C. Code, Sec. 8-140. Section 84, acts Sept. 27, 1890, ch. 1001, Sec. 7, 26 Stat. 495; July 1, 1918, ch. 113, 40 Stat. 650; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to control and regulation of Rock Creek Park in District of Columbia. See D.C. Code, Sec. 8-142. Section 85, act July 1, 1918, ch. 113, 40 Stat. 650, related to Piney Branch Parkway part of park system in District of Columbia. See D.C. Code, Sec. 8-146. Section 86, act Mar. 3, 1897, ch. 375, 29 Stat. 624, related to establishment of Potomac Park in District of Columbia. See D.C. Code, Sec. 8-147. Section 87, acts Aug. 1, 1914, ch. 223, 38 Stat. 634; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to control of Potomac Park in District of Columbia. See D.C. Code, Sec. 8-148. Section 88, act Aug. 1, 1914, ch. 223, 38 Stat. 634, related to restriction on construction of lagoon or speedway in Potomac Park in District of Columbia. See D.C. Code, Sec. 8-149. ------DocID 43896 Document 142 of 816------ -CITE- 40 USC Sec. 89 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 89. Potomac Park; temporary occupancy by Department of Agriculture -STATUTE- The Director of the National Park Service is authorized to grant permission to the Department of Agriculture for the temporary occupation of such area or areas of Potomac Park, not exceeding a total of seventy-five acres in extent, as may not be needed in any one season for the reclamation or park improvement, the said areas to be used by the Department of Agriculture as testing grounds: Provided, That nothing herein contained shall be construed to change the essential character of the lands so used, which lands shall continue to be a public park, as provided in section 86 of this title: And provided further, That said area or areas shall be vacated by the Department of Agriculture at the close of any season upon the request of the said director: And provided further, That the entire park shall remain under the charge of the said director. -SOURCE- (Mar. 3, 1899, ch. 458, Sec. 2, 30 Stat. 1378; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.) -REFTEXT- REFERENCES IN TEXT Section 86 of this title, referred to in text, was omitted from the Code. See D.C. Code, Sec. 8-147. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-150. -TRANS- TRANSFER OF FUNCTIONS Duties imposed upon Secretary of War in relation to grounds, parks, etc., in District of Columbia transferred to Director of Public Buildings and Public Parks of National Capital by act Feb. 26, 1925. Office of Public Buildings and Public Parks of National Capital abolished and its functions transferred to Office of National Parks, Buildings, and Reservations of Department of the Interior by Ex. Ord. No. 6166. Name of latter office changed to 'National Park Service' by act Mar. 2, 1934. ------DocID 43897 Document 143 of 816------ -CITE- 40 USC Sec. 90 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 90. Omitted -COD- CODIFICATION Section, act May 27, 1908, ch. 200, 35 Stat. 355, related to licenses for boathouses on banks of tidal reservoir on Potomac River in District of Columbia. See D.C. Code, Sec. 8-151. ------DocID 43898 Document 144 of 816------ -CITE- 40 USC Sec. 91 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 91. Repealed. Mar. 4, 1925, ch. 556, 43 Stat. 1323 -MISC1- Section, act June 12, 1917, ch. 27, 40 Stat. 133, related to Tidal Basin bathing beach. ------DocID 43899 Document 145 of 816------ -CITE- 40 USC Sec. 92 to 99 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 92 to 99. Omitted -COD- CODIFICATION Section 92, act Mar. 4, 1913, ch. 147, Sec. 22, 37 Stat. 885, related to reimbursement to United States of part of cost of construction of parkway connecting Potomac Park with Zoological Park and Rock Creek Park in District of Columbia. See D.C. Code, Sec. 8-152. Section 92a, act Mar. 2, 1929, ch. 542, 45 Stat. 1523, related to boundaries of parkway connecting Potomac Park with Zoological and Rock Creek Parks in District of Columbia. See D.C. Code, Sec. 8-153. Section 93, acts Mar. 4, 1913, ch. 150, 37 Stat. 971; Aug. 1, 1914, ch. 223, 38 Stat. 625; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to small parks at certain street intersections in District of Columbia. See D.C. Code, Sec. 8-107. Section 94, act Aug. 31, 1918, ch. 164, 40 Stat. 950, 951, related to designation of Anacostia Park in District of Columbia. See D.C. Code Sec. 8-155. Section 95, act June 6, 1924, ch. 271, Sec. 1, 43 Stat. 464, related to boundaries of Glover Parkway and Children's Playground in District of Columbia. See D.C. Code Sec. 8-156. Section 96, act June 6, 1924, ch. 271, Sec. 2, 43 Stat. 464, related to designation of Glover Parkway and Children's Playground as part of park system of District of Columbia. See D.C. Code, Sec. 8-157. Section 97, acts May 18, 1910, ch. 248, 36 Stat. 383; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to jurisdiction over reservation number 185 in District of Columbia. See D.C. Code, Sec. 8-122. Section 98, act Mar. 3, 1903, ch. 1007, 32 Stat. 1122, related to use of public grounds for playgrounds in District of Columbia. See D.C. Code, Sec. 8-124. Section 99, act May 27, 1908, ch. 200, 35 Stat. 355, related to licenses for temporary structures on reservations used as playgrounds in District of Columbia. See D.C. Code, Sec. 8-125. ------DocID 43900 Document 146 of 816------ -CITE- 40 USC Sec. 100 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 100. Part of Washington Aqueduct for playground purposes -STATUTE- The Chief of Engineers is authorized to transfer for playground purposes the possession, use, and control of all that portion of the land of the Washington Aqueduct adjacent to the Champlain Avenue pumping station and lying outside of the fence around said pumping station existing on August 31, 1918, to the control and jurisdiction of the Mayor of the District of Columbia. Nothing in this section shall be construed as affecting the superintendence and control of the Secretary of the Army over the Washington Aqueduct, its rights, appurtenances, and fixtures connected with the same. -SOURCE- (Aug. 31, 1918, ch. 164, 40 Stat. 951; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is based on District of Columbia Appropriation Act of Aug. 31, 1918. Section is also set out in D.C. Code, Sec. 8-126. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioner'. Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 43901 Document 147 of 816------ -CITE- 40 USC Sec. 101 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 101. Laws of District extended to public buildings and grounds -STATUTE- The provisions of the several laws and regulations within the District of Columbia for the protection of public or private property and the preservation of peace and order are extended to all public buildings and public grounds belonging to the United States within the District of Columbia. Any person guilty of disorderly and unlawful conduct in or about the same, or who shall willfully injure the buildings or shrubs, or shall pull down, impair, or otherwise injure any fence, wall, or other inclosure, or shall injure any sink, culvert, pipe, hydrant, cistern, lamp, or bridge, or shall remove any stone, gravel, sand, or other property of the United States, or any other part of the public grounds or lots belonging to the United States in the District of Columbia shall be fined not more than $500, or imprisoned not more than six months, or both. -SOURCE- (July 29, 1892, ch. 320, Sec. 15, 27 Stat. 325; Oct. 20, 1967, Pub. L. 90-108, Sec. 2, 81 Stat. 277.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 4-116, 22-3111. -MISC3- PRIOR PROVISIONS Provisions similar to those comprising this section were contained in former section 192 of this title. AMENDMENTS 1967 - Pub. L. 90-108 substituted 'shall be fined not more than $500, or imprisoned not more than six months, or both' for 'shall, upon conviction thereof, be fined not more than $50'. VIOLATIONS PRIOR TO 1967 AMENDMENT For prosecution of violations of this section prior to enactment of Pub. L. 90-108, see section 3 of Pub. L. 90-108, set out as an Effective Date of 1967 Amendment note under section 193a of this title. EFFECT OF OTHER LAWS Section as unaffected by sections 193a to 193l, 212a, 212b of this title, see note set out under section 193a of this title. BOARD OF METROPOLITAN POLICE Duties and authority of former Board of Metropolitan Police of District of Columbia, for police purposes, were extended to all public squares and places, and authorizing and requiring Board to make appropriate rules and regulations in relation thereto, by act Mar. 3, 1875, ch. 130, 18 Stat. 385, and repeated in act July 31, 1876, ch. 246, 19 Stat. 110, and act Mar. 3, 1877, ch. 105, 19 Stat. 346. Powers and duties exercised by Board transferred to Commissioners of District of Columbia by act June 11, 1878, ch. 180, Sec. 6, 20 Stat. 107. SPECIAL POLICEMEN The provision of act Oct. 26, 1942, ch. 629, title II, 56 Stat. 1000, which related to designation by Commissioner of Public Buildings of employees of Public Buildings Administration as special policemen without compensation during continuance of unlimited national emergency declared by President on May 27, 1941, was repealed, effective July 1, 1948, by Joint Res. July 25, 1947, ch. 327, Sec. 2(a), 61 Stat. 451. ------DocID 43902 Document 148 of 816------ -CITE- 40 USC Sec. 102 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 102. Ailanthus trees prohibited -STATUTE- No more ailantus (FOOTNOTE 1) trees shall be purchased for or planted in the public grounds. (FOOTNOTE 1) So in original. Probably should be 'ailanthus'. -SOURCE- (R.S. Sec. 1830.) -COD- CODIFICATION R.S. Sec. 1830 derived from act Mar. 3, 1853, ch. 97, Sec. 1, 10 Stat. 207. ------DocID 43903 Document 149 of 816------ -CITE- 40 USC Sec. 103 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 103. Trees, shrubs, and plants, in greenhouses and nursery -STATUTE- On and after June 20, 1878, only such trees, shrubs, and plants shall be propagated at the greenhouses and nursery as are suitable for planting in the public reservations, to which purpose only the said productions of the greenhouses and nursery shall be applied. -SOURCE- (June 20, 1878, ch. 359, 20 Stat. 220.) -COD- CODIFICATION Section is based on Sundry Civil Appropriation Act June 20, 1878, fiscal year 1879. -TRANS- TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 43904 Document 150 of 816------ -CITE- 40 USC Sec. 104 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 104. Commission of Fine Arts -STATUTE- A permanent Commission of Fine Arts is created to be composed of seven well-qualified judges of the fine arts, who shall be appointed by the President, and shall serve for a period of four years each, and until their successors are appointed and qualified. The President shall have authority to fill all vacancies. It shall be the duty of such commission to advise upon the location of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia, and upon the selection of models for statues, fountains, and monuments erected under the authority of the United States and upon the selection of artists for the execution of the same. It shall be the duty of the officers charged by law to determine such questions in each case to call for such advice. The foregoing provisions of this section shall not apply to the Capitol Building of the United States and the building of the Library of Congress. The commission shall also advise generally upon questions of art when required to do so by the President, or by any committee of either House of Congress. Said commission shall have a secretary and such other assistance as the commission may authorize, and the members of the commission shall each be paid actual expenses in going to and returning from Washington to attend the meetings of said Commission and while attending the same. -SOURCE- (May 17, 1910, ch. 243, Sec. 1, 36 Stat. 371.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 106 of this title. ------DocID 43905 Document 151 of 816------ -CITE- 40 USC Sec. 105 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 105. Secretary and executive officer -STATUTE- The officer in charge of public buildings and grounds shall be the secretary and shall act as the executive officer of the Commission of Fine Arts. -SOURCE- (June 25, 1910, ch. 384, 36 Stat. 728.) -COD- CODIFICATION Section is based on Sundry Civil Appropriation Act June 25, 1910, fiscal year 1910. -CROSS- CROSS REFERENCES Supervision of public buildings and grounds in the District of Columbia not otherwise provided by law, see section 19 of this title and note thereunder. ------DocID 43906 Document 152 of 816------ -CITE- 40 USC Sec. 106 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 106. Authorization of appropriations -STATUTE- There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of section 104 of this title. -SOURCE- (May 17, 1910, ch. 243, Sec. 2, 36 Stat. 371; May 25, 1955, ch. 76, 69 Stat. 66; May 13, 1960, Pub. L. 86-461, 74 Stat. 128.) -MISC1- AMENDMENTS 1960 - Pub. L. 86-461 substituted 'There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of section 104 of this title' for 'To meet the expenses made necessary by section 104 of this title an expenditure of not exceeding $35,000 a year is authorized'. 1955 - Act May 25, 1955, increased amount authorized for annual expenses from $10,000 to $35,000. ------DocID 43907 Document 153 of 816------ -CITE- 40 USC Sec. 107, 108 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 107, 108. Omitted -COD- CODIFICATION Section 107, act Mar. 3, 1899, ch. 458, Sec. 1, 30 Stat. 1377, related to control and jurisdiction of wharf property in District of Columbia. See D.C. Code, Sec. 9-101. Section 108, act Mar. 3, 1899, ch. 458, Sec. 2, 30 Stat. 1378, related to District of Columbia wharf property and the authority to make rules and regulations relating to leases and rents. See D.C. Code, Sec. 9-102. ------DocID 43908 Document 154 of 816------ -CITE- 40 USC Sec. 109, 109a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 109, 109a. Repealed. July 18, 1940, ch. 634, Sec. 1, 2, 54 Stat. 764 -MISC1- Section 109, act July 18, 1940, ch. 634, Sec. 1, 54 Stat. 764, related to inspection of fuel in District of Columbia and repealed R.S. Sec. 3711, 3712, 3713, from which section 109 was derived, but made no mention of acts Mar. 2, 1895, ch. 177, Sec. 6, 28 Stat. 808; Mar. 15, 1898, ch. 68, Sec. 6, 30 Stat. 316; June 10, 1921, ch. 18, Sec. 301, 304, 42 Stat. 23, 24, which were amendments to R.S. Sec. 3711. Section 109a, act July 18, 1940, ch. 634, Sec. 2, 54 Stat. 764, repealed those parts of acts Mar. 15, 1934, ch. 70, title I, 48 Stat. 438; May 14, 1935, ch. 110, 49 Stat. 234; June 23, 1936, ch. 725, 49 Stat. 1844; May 14, 1937, ch. 180, title I, 50 Stat. 154; Mar. 28, 1938, ch. 55, 52 Stat. 139, from which section 109a was derived, and which related to purchases of coal and wood by Procurement Division; application of statutory requirements as to weighing, etc., but failed to repeal act May 6, 1939, ch. 115, title I, 53 Stat. 674, and act Mar. 25, 1940, ch. 71, title I, 54 Stat. 69, which contained similar provisions. Similar provisions were also contained in Treasury Department Appropriation Acts of June 30, 1943, ch. 179, title I, 57 Stat. 262; Mar. 10, 1942, ch. 178, title I, 56 Stat. 161; May 31, 1941, ch. 156, title I, 55 Stat. 226. No subsequent act contained those provisions. ------DocID 43909 Document 155 of 816------ -CITE- 40 USC Sec. 110 to 112 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 110 to 112. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(85-87), 65 Stat. 704 -MISC1- Section 110, act July 1, 1918, ch. 113, 40 Stat. 672, related to fuel storage and distributing yards in District of Columbia and authority of Secretary of the Treasury to select, purchase, contract for and distribute fuel required by the Federal and District of Columbia governments. Section 111, act July 11, 1919, ch. 9, 41 Stat. 148, excepted naval establishments from operation of section 110 of this title except the naval hospital in District of Columbia. Section 112, act July 19, 1919, ch. 24, 41 Stat. 200, related to authority of Secretary of the Treasury to contract for the purchase of fuel in advance of the availability of appropriations. ------DocID 43910 Document 156 of 816------ -CITE- 40 USC Sec. 112a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 112a. Omitted -COD- CODIFICATION Section, act Mar. 5, 1928, ch. 126, title I, 45 Stat. 186, related to payment of contracts for fuel for public buildings. See sections 474, 481, and 756 of this title. ------DocID 43911 Document 157 of 816------ -CITE- 40 USC Sec. 113 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 113. Delivery of fuel for use during ensuing fiscal year -STATUTE- The Administrator of General Services is authorized to deliver, during the months of April, May, and June of each year, to all branches of the Federal service and the municipal government in the District of Columbia, such quantities of fuel for their use during the following fiscal year as it may be practicable to store at the points of consumption, payment therefor to be made by these branches of the Federal service and municipal government from their applicable appropriations for such fiscal year. -SOURCE- (June 5, 1920, ch. 235, 41 Stat. 913; Ex. Ord. No. 4239, July 1, 1925; Ex. Ord. No. 6166, Sec. 1, June 10, 1933.) -COD- CODIFICATION Section is based on Sundry Civil Appropriation Act June 5, 1920, fiscal year 1920. -TRANS- TRANSFER OF FUNCTIONS Transfers of functions in respect to Government fuel yards by Executive Orders and act June 30, 1949, ch. 288, 63 Stat. 380, see sections 474, 481, and 756 of this title. The authority of this section originally, by act June 5, 1920, was vested in Secretary of the Interior. -CROSS- CROSS REFERENCES Operation of fuel yards by Administrator of General Services or executive agencies, see section 481 of this title. ------DocID 43912 Document 158 of 816------ -CITE- 40 USC Sec. 114. Repealed -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 114. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(88), 65 Stat. 704 -MISC1- Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1211, related to payments by various branches of Federal service for fuel furnished, and method thereof. See section 756 of this title. ------DocID 43913 Document 159 of 816------ -CITE- 40 USC Sec. 115, 115a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 115, 115a. Omitted -COD- CODIFICATION Section 115, act Mar. 1, 1933, ch. 144, title III, 47 Stat. 1406, related to requirement that all moneys received from sales of fuel be credited to appropriation for operating expenses of fuel yard. Section 115a, act Mar. 15, 1934, ch. 70, title I, 48 Stat. 438, related to purchases of coal and wood by government fuel yards and application of statutory requirements as to weighing etc. ------DocID 43914 Document 160 of 816------ -CITE- 40 USC Sec. 116, 117 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 116, 117. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(85), (88), 65 Stat. 704 -MISC1- Section 116, act July 1, 1918, ch. 113, 40 Stat. 673, prohibited use of any moneys appropriated in taking over or in any way interfering with the yards or coal dumps or other facilities for storage and distribution of coal that were used and occupied during the year preceding July 1, 1918, by coal dealers for supplying the general public. Section 117, act Jan. 24, 1923, ch. 42, 42 Stat. 1211, related to use of appropriations for maintenance and operation of fuel yard in District of Columbia for acquisition of land therefor and construction of a garage building thereon. See section 756 of this title. ------DocID 43915 Document 161 of 816------ -CITE- 40 USC Sec. 118 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 118. Repealed. June 30, 1949, ch. 288, title VI, Sec. 602(a)(25), 63 Stat. 401, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583 -MISC1- Section, act June 5, 1920, ch. 235, 41 Stat. 913; Ex. Ord. No. 4239, July 1, 1925; Ex. Ord. No. 6166, Sec. 1, June 10, 1933, related to exchange of motor vehicles and other equipment used by fuel yards for new equipment. See section 471 et seq. of this title and section 251 et seq. of Title 41, Public Contracts. EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1949, see section 505 of act June 30, 1949. ------DocID 43916 Document 162 of 816------ -CITE- 40 USC Sec. 119 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 119. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(89), 65 Stat. 705 -MISC1- Section, act June 5, 1920, ch. 235, 41 Stat. 913, related to hauling of sand, gravel, stone, etc., in trucks of Government fuel yards, and payment therefor. See sections 474, 481, and 756 of this title. ------DocID 43917 Document 163 of 816------ -CITE- 40 USC Sec. 120 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 120. Omitted -COD- CODIFICATION Section, act Aug. 30, 1890, ch. 837, Sec. 3, 26 Stat. 412, related to proceedings for acquisition of lands in District of Columbia. See D.C. Code, Sec. 16-1301 et seq., and notes set out under section 72 of this title. ------DocID 43918 Document 164 of 816------ -CITE- 40 USC Sec. 121 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 121. Regulation of height, design, and construction of private and semipublic buildings adjacent to public buildings and grounds; building permits -STATUTE- In view of the provisions of the Constitution respecting the establishment of the seat of the National Government, the duties it imposed upon Congress in connection therewith, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, it is hereby declared that such development should proceed along the lines of good order, good taste, and with due regard to the public interests involved, and a reasonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings and grounds of major importance. To this end, hereafter when application is made for permit for the erection or alteration of any building, any portion of which is to front or abut upon the grounds of the Capitol, the grounds of the White House, the portion of Pennsylvania Avenue extending from the Capitol to the White House, Lafayette Park, Rock Creek Park, the Zoological Park, the Rock Creek and Potomac Parkway, Potomac Park, The Mall Park System and public buildings adjacent thereto, or abutting upon any street bordering any of said grounds or parks, the plans therefor, so far as they relate to height and appearance, color, and texture of the materials of exterior construction, shall be submitted by the Mayor of the District of Columbia to the Commission of Fine Arts; and the said Commission shall report promptly to said Mayor its recommendations, including such changes, if any, as in its judgment are necessary to prevent reasonably avoidable impairment of the public values belonging to such public building or park; and said Mayor shall take such action as shall, in his judgment, effect reasonable compliance with such recommendation: Provided, That if the said Commission of Fine Arts fails to report its approval or disapproval of such plans within thirty days, its approval thereof shall be assumed and a permit may be issued. -SOURCE- (May 16, 1930, ch. 291, 46 Stat. 366; July 31, 1939, ch. 400, 53 Stat. 1144; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 5-410. -MISC3- AMENDMENTS 1939 - Act July 31, 1939, inserted reference to Lafayette Park. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioner'. -MISC5- AREA OF PLATS REQUIRING CERTAIN BUILDING PERMITS Section 2 of act May 16, 1930, provided that: 'Said Commissioners of the District of Columbia, in consultation with the National Capital Park and Planning Commission, as early as practicable after approval of this act (enacting this section), shall prepare plats defining the areas within which application for building permits shall be submitted to the Commission of Fine Arts for its recommendations.' ------DocID 43919 Document 165 of 816------ -CITE- 40 USC Sec. 122 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 122. Jurisdiction over public lands; transfer by Federal and District authorities -STATUTE- Federal and District authorities administering properties within the District of Columbia owned by the United States or by the said District are authorized to transfer jurisdiction over parts or all of such properties among or between themselves for purposes of administration and maintenance under such conditions as may be mutually agreed upon: Provided, That prior to the consummation of any transfer hereunder such proposed transfer shall be recommended by the National Capital Planning Commission: Provided further, That all such transfers and agreements shall be reported to Congress by the District authorities concerned. -SOURCE- (May 20, 1932, ch. 197, Sec. 1, 47 Stat. 161; June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790; Aug. 30, 1954, ch. 1076, Sec. 1(20), 68 Stat. 967.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-111. -MISC3- AMENDMENTS 1954 - Act Aug. 30, 1954, repealed requirement that Federal authorities concerned should also report to Congress all transfers and agreements authorized by this section. -TRANS- TRANSFER OF FUNCTIONS Section 402(181) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, transferred regulatory and other functions of Board of Commissioners relating to transfer of jurisdiction over properties or parts of properties to Federal authorities, and accepting from Federal authorities jurisdiction over properties or parts thereof under this section, to District of Columbia Council, subject to right of Commissioner as provided by section 406 of Plan. For provisions establishing District of Columbia Council, see section 201 of the Reorg. Plan No. 3 of 1967. 'National Capital Planning Commission' substituted in text for 'National Capital Park and Planning Commission', on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. -CROSS- CROSS REFERENCES Letters of transfer and acceptance as authority for the necessary change in the official maps and for record when necessary, see section 79 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 123 of this title. ------DocID 43920 Document 166 of 816------ -CITE- 40 USC Sec. 123 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 123. Effect of section 122 on existing laws -STATUTE- Nothing in section 122 of this title shall be construed to repeal the provisions of any existing law or laws authorizing the transfer of jurisdiction of certain lands between and among Federal and District authorities, but all such laws shall remain in full force and effect. -SOURCE- (May 20, 1932, ch. 197, Sec. 2, 47 Stat. 162.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-112. ------DocID 43921 Document 167 of 816------ -CITE- 40 USC Sec. 124 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 124. Theodore Roosevelt Island; administration; development -STATUTE- The island, known as Theodore Roosevelt Island, shall be maintained and administered by the Director of the National Park Service as a natural park for the recreation and enjoyment of the public: Provided, That no general plan for the development of the island be adopted without the approval of the Theodore Roosevelt Association; and that, so long as this association remains in existence, no development, inconsistent with this plan, be executed without the association's consent. -SOURCE- (May 21, 1932, ch. 200, Sec. 1, 47 Stat. 163; Feb. 11, 1933, ch. 48, Sec. 1, 47 Stat. 799; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; May 21, 1953, ch. 63, Sec. 2, 67 Stat. 28.) -COD- CODIFICATION Provisions of this section relating to acceptance of Theodore Roosevelt Island by the National Park Service from the Theodore Roosevelt Association have been omitted. Section is also set out in D.C. Code, Sec. 8-158. -MISC3- AMENDMENTS 1953 - Act May 21, 1953, substituted 'Theodore Roosevelt Association' for 'Roosevelt Memorial Association'. 1933 - Act Feb. 11, 1933, substituted 'Theodore Roosevelt Island' for 'Roosevelt Island'. -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Ex. Ord. No. 6166 abolished Office of Public Buildings and Parks of National Capital and transferred functions thereof to Office of National Parks, Buildings and Reservations of Department of the Interior. Act Mar. 2, 1934, changed name of latter Office to National Park Service. ------DocID 43922 Document 168 of 816------ -CITE- 40 USC Sec. 125 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 125. Means of access; care, maintenance, and improvements; appropriation; Theodore Roosevelt Island -STATUTE- The Director of the National Park Service is authorized to provide suitable means of access to and upon the said Theodore Roosevelt Island as appropriations are made available from time to time and subject to the approval of the National Capital Planning Commission; and the appropriations needed for such construction and annually for the care, maintenance, and improvement of the said lands and improvements, are authorized to be made from any funds not otherwise appropriated from the Treasury of the United States. -SOURCE- (May 21, 1932, ch. 200, Sec. 2, 47 Stat. 164; Feb. 11, 1933, ch. 48, Sec. 1, 47 Stat. 799; Ex. Ord. No. 6166, Sec. 2, June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-159. -MISC3- AMENDMENTS 1933 - Act Feb. 11, 1933, substituted 'Theodore Roosevelt Island' for 'Roosevelt Island'. -TRANS- TRANSFER OF FUNCTIONS 'Director of the National Park Service' substituted for 'director', meaning Director of Public Buildings and Public Parks of National Capital. See Transfer of Functions note set out under section 124 of this title. 'National Capital Planning Commission' substituted for 'National Capital Park and Planning Commission' on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. ------DocID 43923 Document 169 of 816------ -CITE- 40 USC Sec. 126 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 126. Erection of monument or memorial and related structures; authorization of appropriations; Theodore Roosevelt Island -STATUTE- The Secretary of the Interior shall erect on Theodore Roosevelt Island such monument or memorial to the memory of Theodore Roosevelt, and related structures, as may be approved by the living children of Theodore Roosevelt, the Theodore Roosevelt Association, the Commission of Fine Arts, and the National Capital Planning Commission. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. -SOURCE- (May 21, 1932, ch. 200, Sec. 3, 47 Stat. 164; Feb. 11, 1933, ch. 48, Sec. 1, 47 Stat. 799; May 21, 1953, ch. 63, Sec. 2, 67 Stat. 28; Sept. 13, 1960, Pub. L. 86-764, 74 Stat. 904.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-160. -MISC3- AMENDMENTS 1960 - Pub. L. 86-764 substituted provisions for erection of a monument or memorial to memory of Theodore Roosevelt by the Secretary of Interior with the approval of the living children of Theodore Roosevelt and authorizing an appropriation therefor for former provision permitting the Roosevelt Memorial Association to undertake such construction. 1953 - Act May 21, 1953, substituted 'Theodore Roosevelt Association' for 'Roosevelt Memorial Association'. 1933 - Act Feb. 11, 1933, substituted 'Theodore Roosevelt Island' for 'Roosevelt Island'. ------DocID 43924 Document 170 of 816------ -CITE- 40 USC Sec. 127 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 127. Designation in documents, etc.; Theodore Roosevelt Island -STATUTE- 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.' -SOURCE- (Feb. 11, 1933, ch. 48, Sec. 2, 47 Stat. 799.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-161. ------DocID 43925 Document 171 of 816------ -CITE- 40 USC Sec. 128 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 128. Approval by Administrator of General Services of sketches, plans, and estimates of buildings; exemptions -STATUTE- On and after June 14, 1946, subject to applicable provisions of existing law relating to the functions in the District of Columbia of the National Capital Planning Commission and the Commission of Fine Arts, only the Administrator of General Services shall be required to approve sketches, plans, and estimates for buildings to be constructed by the General Services Administration, except in the case of buildings designed for post-office purposes which shall be approved by the Administrator of General Services and the United States Postal Service. -SOURCE- (June 14, 1946, ch. 404, Sec. 8, 60 Stat. 258; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790; Aug. 12, 1970, Pub. L. 91-375, Sec. 4(a), 84 Stat. 773.) -TRANS- TRANSFER OF FUNCTIONS 'National Capital Planning Commission' substituted in text for 'National Capital Park and Planning Commission' on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. 'Administrator of General Services' substituted in text for 'Commissioner of Public Buildings' on authority of act June 30, 1949, which transferred functions of latter to former. See section 753 of this title. 'United States Postal Service' substituted in text for 'Postmaster General' pursuant to Pub. L. 91-375, Sec. 4(a), set out as a note under section 201 of Title 39, Postal Service, which abolished office of Postmaster General of Post Office Department and transferred its functions to United States Postal Service. ------DocID 43926 Document 172 of 816------ -CITE- 40 USC Sec. 129 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 129. Lease of building space by wholly owned Government corporations; rental -STATUTE- Wholly owned Government corporations requiring space in office buildings at the seat of government shall occupy only such space as may be allotted in accordance with the provisions of section 1 of this title, and shall pay such rental thereon as may be determined by the Administrator of General Services, such rental to include all cost of maintenance, upkeep, and repair. -SOURCE- (July 30, 1947, ch. 358, title III, Sec. 306, 61 Stat. 584; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -REFTEXT- REFERENCES IN TEXT Section 1 of this title, referred to in text, was act Mar. 1, 1919, ch. 86, Sec. 10, 40 Stat. 1269, which was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644. -TRANS- TRANSFER OF FUNCTIONS Functions with respect to acquiring space in buildings by lease and functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by section 1 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan. Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949 set out as an Effective Date note under section 471 of this title. -CROSS- CROSS REFERENCES Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 1438. ------DocID 43927 Document 173 of 816------ -CITE- 40 USC Sec. 129a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 129a. Courthouse construction authorized; cost; repayment to United States -STATUTE- The Administrator of General Services is hereby authorized to construct, equip, and furnish the building for the use of the United States Court of Appeals for the District of Columbia and the United States District Court for the District of Columbia, the planning and site acquisition of which were authorized by the Act of May 29, 1947 (Public Law 80, Eightieth Congress), under a total limit of cost for the entire project of $18,665,000, including architectural, engineering, and administrative expenses (which limit of cost also includes the credit of $2,420,000 granted the District of Columbia as compensation for the site of the project by said Act of May 29, 1947, and the $370,000 for plans and specifications heretofore appropriated under Public Law 271, Eightieth Congress, approved July 30, 1947): Provided, That the Mayor of the District of Columbia shall repay to the United States, over a period of twenty-five years, 50 per centum of the cost of the entire project upon completion, less the credit of $2,420,000 granted the District of Columbia as compensation for the site of the project by said Act of May 29, 1947, in equal annual installments, beginning with the July 1 next following the date of completion of the project: Provided further, That the cost of operation, maintenance, and repair of the completed project shall be divided equally between the United States of America and the District of Columbia. -SOURCE- (May 14, 1948, ch. 290, Sec. 1, 62 Stat. 235; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1967 Reorg. Plan No. 3, Sec. 401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -REFTEXT- REFERENCES IN TEXT Act of May 29, 1947 (Public Law 80, Eightieth Congress), and Public Law 271, Eightieth Congress, approved July 30, 1947, referred to in text, are not classified to the Code. -CHANGE- CHANGE OF NAME 'United States District Court for the District of Columbia' substituted in text for 'District Court of the United States for the District of Columbia' on authority of act June 25, 1948, Sec. 32(b), as amended by act May 24, 1949, Sec. 127. -TRANS- TRANSFER OF FUNCTIONS Functions, powers and duties of Federal Works Administrator transferred to Administrator of General Services by act June 30, 1949, Sec. 103(a), which is classified to section 753(a) of this title. Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -MISC5- CANCELLATION OF DISTRICT OF COLUMBIA'S SHARE OF COSTS OF COURTHOUSE Pub. L. 91-358, title I, Sec. 173(a)(1), July 29, 1970, 84 Stat. 591, provided that: 'All outstanding and future obligations of the Commissioner (now Mayor) of the District of Columbia with respect to the District of Columbia's share of the cost of construction, operation, maintenance, and repair of the United States courthouse in the District of Columbia, as required by the Act of May 14, 1948 (62 Stat. 235) (this section), are canceled upon the effective date of this title (Feb. 1, 1971).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 130a of this title. ------DocID 43928 Document 174 of 816------ -CITE- 40 USC Sec. 130 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 130. Courthouse for United States Court of Appeals and United States District Court for the District of Columbia; maintenance and operation; allocation of space -STATUTE- The operation, maintenance, and repair of the completed building for the use of the United States Court of Appeals for the District of Columbia and the United States District Court for the District of Columbia shall be under the control of the Administrator of General Services, and the allocation of space therein shall be vested in the chief judge of the United States Court of Appeals for the District of Columbia and the chief judge of the United States District Court for the District of Columbia. -SOURCE- (May 14, 1948, ch. 290, Sec. 2, 62 Stat. 235; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -CHANGE- CHANGE OF NAME 'United States District Court for the District of Columbia' substituted in text for 'District Court of the United States for the District of Columbia' on authority of act June 25, 1948, Sec. 32(b), as amended by act May 24, 1949, Sec. 127. The terms chief justice of the United States Court of Appeals for the District of Columbia and the chief justice of the United States District Court for the District of Columbia were changed to chief judge by act June 25, 1948, as amended by act May 29, 1949. -TRANS- TRANSFER OF FUNCTIONS Functions with respect to acquiring space in buildings by lease and functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by section 1 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan. Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, and functions of Commissioner of Public Buildings and Public Buildings Administration, transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency, office of Federal Works Administrator, office of Commissioner of Public Buildings, and Public Buildings Administration abolished by section 103(b) of that act. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 130a of this title. ------DocID 43929 Document 175 of 816------ -CITE- 40 USC Sec. 130a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 130a. Authorization of appropriations -STATUTE- There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 129a and 130 of this title. -SOURCE- (May 14, 1948, ch. 290, Sec. 3, 62 Stat. 235.) ------DocID 43930 Document 176 of 816------ -CITE- 40 USC Sec. 131 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 131. Development of Washington metropolitan region; necessity for coordination -STATUTE- The Congress hereby declares that, because the District which is the seat of the Government of the United States and has now become the urban center of a rapidly expanding Washington metropolitan region, the necessity for the continued and effective performance of the functions of the Government of the United States at the seat of said Government in the District of Columbia, the general welfare of the District of Columbia and the health and living standards of the people residing or working therein and the conduct of industry, trade, and commerce therein require that the development of the District of Columbia and the management of its public affairs shall, to the fullest extent practicable be coordinated with the development of the other areas of the Washington metropolitan region and with the management of the public affairs of such other areas, and that the activities of all of the departments, agencies, and instrumentalities of the Federal Government which may be carried out in, or in relation to, the other areas of the Washington metropolitan region shall, to the fullest extent practicable, be coordinated with the development of such other areas and with the management of their public affairs; all toward the end that, with the cooperation and assistance of the other areas of the Washington metropolitan region, all of the areas therein shall be so developed and the public affairs thereof shall be so managed as to contribute effectively toward the solution of the community development problems of the Washington metropolitan region on a unified metropolitan basis. -SOURCE- (Pub. L. 86-527, Sec. 2, June 27, 1960, 74 Stat. 223.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2101. -MISC3- SHORT TITLE Section 1 of Pub. L. 86-527 provided that: 'This Act (enacting this section and sections 132 to 135 of this title) may be cited as the 'Washington Metropolitan Region Development Act'.' ADVISORY GROUP Pub. L. 96-514, title I, Sec. 108, Dec. 12, 1980, 94 Stat. 2972, provided that: 'The Secretary is authorized to appoint an advisory group which may include government officials, as well as members from outside the government to undertake such activities as may be appropriate to study the effect of future growth and development on the beauty, historic values and other features that make the national capital area unique, and to recommend measures that will protect its values. The advisory group shall designate a chairman and shall complete its work and submit to the Secretary and to the Congress a report with its findings and recommendations within three years of the date of its organization. To support its activities, the advisory group may also receive gifts and grants from private sources. Members of the group shall receive no compensation, but may be reimbursed for travel, per diem, and other reasonable expenses.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 132, 133 of this title. ------DocID 43931 Document 177 of 816------ -CITE- 40 USC Sec. 132 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 132. Declaration of policy; coordinated development and management -STATUTE- The Congress further declares that the policy to be followed for the attainment of the objective established by section 131 of this title, and for the more effective exercise by the Congress, the executive branch of the Federal Government and the Mayor of the District of Columbia and all other officers and agencies and instrumentalities of the District of Columbia of their respective functions, powers, and duties in respect of the Washington metropolitan region, shall be that all such functions, powers, and duties shall be exercised and carried out in such manner as (with proper recognition of the sovereignty of the State of Maryland and the Commonwealth of Virginia in respect of those areas of the Washington metropolitan region as are situate within their respective jurisdictions) will best facilitate the attainment of such objective of the coordinated development of the areas of the Washington metropolitan region and coordinated management of their public affairs so as to contribute effectively to the solution of the community development problems of the Washington metropolitan region on a unified metropolitan basis. -SOURCE- (Pub. L. 86-527, Sec. 3, June 27, 1960, 74 Stat. 223; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2102. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. The office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 133 of this title. ------DocID 43932 Document 178 of 816------ -CITE- 40 USC Sec. 133 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 133. Priority projects; water supply, sewage disposal, water pollution, and transportation -STATUTE- The Congress further declares that, in carrying out the policy pursuant to section 132 of this title for the attainment of the objective established by section 131 of this title, priority should be given to the solution, on a unified metropolitan basis, of the problems of water supply, sewage disposal, and water pollution and transportation. -SOURCE- (Pub. L. 86-527, Sec. 4, June 27, 1960, 74 Stat. 223.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2103. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 135 of this title. ------DocID 43933 Document 179 of 816------ -CITE- 40 USC Sec. 134 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 134. Study of final report of Joint Committee on Washington Metropolitan Problems; recommendations -STATUTE- The Congress further declares that the officers, departments, agencies, and instrumentalities of the executive branch of the Federal Government and the Mayor of the District of Columbia and the other officers, agencies, and instrumentalities of the District of Columbia, and other agencies of government within the Washington metropolitan region are invited and encouraged to engage in an intensive study of the final report and recommendation of the Joint Committee on Washington Metropolitan Problems with a view to submitting to the Congress the specific recommendations of each of the agencies of government specified. -SOURCE- (Pub. L. 86-527, Sec. 5, June 27, 1960, 74 Stat. 223; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2104. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. The office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 135 of this title. ------DocID 43934 Document 180 of 816------ -CITE- 40 USC Sec. 135 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 135. 'Washington metropolitan region' defined -STATUTE- As used in sections 131 to 135 of this title, the term 'Washington metropolitan region' includes the District of Columbia, the counties of Montgomery and Prince Georges in the State of Maryland, the counties of Arlington and Fairfax and the cities of Alexandria and Falls Church in the Commonwealth of Virginia. -SOURCE- (Pub. L. 86-527, Sec. 6, June 27, 1960, 74 Stat. 224.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2105. ------DocID 43935 Document 181 of 816------ -CITE- 40 USC Sec. 136 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 136. National Capital Service Area -STATUTE- (a) Establishment There is established within the District of Columbia the National Capital Service Area which shall include, subject to the following provisions of this section, the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and is more particularly described in subsection (f) of this section. (b) National Capital Service Director There is established in the Executive Office of the President the National Capital Service Director who shall be appointed by the President. The President, through the National Capital Service Director, shall assure that there is provided, utilizing District of Columbia governmental services to the extent practicable, within the area specified in subsection (a) of this section and particularly described in subsection (f) of this section, adequate fire protection and sanitation services. Except with respect to that portion of the National Capital Service Area comprising the United States Capitol Buildings and Grounds as defined in sections 193a and 193m of this title, the United States Supreme Court Building and Grounds as defined in section 13p of this title, and the Library of Congress Buildings and Grounds as defined in section 167j of title 2, the National Capital Service Director shall assure that there is provided within the remainder of such area specified in subsection (a) of this section and subsection (f) of this section, adequate police protection and maintenance of streets and highways. (c) Personnel; compensation The National Capital Service Director shall be entitled to receive compensation at the maximum rate as may be established from time to time for level IV of the Executive Schedule of section 5314 of title 5. The Director may appoint, subject to the provisions of title 5 governing appointments in the competitive service, and fix the pay of, in accordance with the provisions of chapter 51 and subchapter 3 (FOOTNOTE 1) of chapter 53 of such title relating to classification and General Schedule pay rates, such personnel as may be necessary. (FOOTNOTE 1) So in original. Probably should be subchapter 'III'. (d) Omitted (e) Presidential report to Congress (1) Within one year after January 2, 1975, the President is authorized and directed to submit to the Congress a report on the feasibility and advisability of combining the Executive Protective Service and the United States Park Police within the National Capital Service Area, and placing them under the National Capital Service Director. (2) Such report shall include such recommendations, including recommendations for legislative and executive action, as the President deems necessary in carrying out the provisions of paragraph (1) of this subsection. (f) Boundaries (1)(A) The National Capital Service Area referred to in subsection (a) is more particularly described as follows: Beginning at that point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue to Jackson Place Northwest; thence north on Jackson Place to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Canal Street Parkway; thence southeast on Canal Street Parkway to E Street Southeast; thence west on E Street Southeast to the intersection of Canal Street Southwest and South Capitol Street; thence northwest on Canal Street Southwest to Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence north on Sixth Street Southwest to Independence Avenue; thence west on Independence Avenue to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the mid-channel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northern most point of the Eleventh Street Bridge; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning. (B) Where the area in paragraph (1) is bounded by any street, such street, and any sidewalk thereof, shall be included within such area. (2) Any Federal real property affronting or abutting, as of December 24, 1973, the area described in paragraph (1) shall be deemed to be within such area. (3) For the purposes of paragraph (2), Federal real property affronting or abutting such area described in paragraph (1) shall - (A) be deemed to include, but not limited to, Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and (B) not be construed to include any area situated outside of the District of Columbia boundary as it existed immediately prior to the date of the enactment of this Act, nor be construed to include any portion of the Anacostia Park situated east of the northern side of the Eleventh Street Bridge, or any portion of the Rock Creek Park. (g) Presidential survey; map and description (1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized and directed to conduct a survey of the area described in this section in order to establish the proper metes and bounds of such area, and to file, in such manner and at such place as he may designate, a map and a legal description of such area, and such description and map shall have the same force and effect as if included in this Act, except that corrections of clerical, typographical and other errors in any such legal descriptions and map may be made. In conducting such survey, the President shall make such adjustments as may be necessary in order to exclude from the National Capital Service Area any privately owned properties, and buildings and adjacent parking facilities owned by the District of Columbia government. (2) In carrying out the provisions of paragraph (1) of this subsection, the President shall, to the extent that such survey, legal description, and map involves areas comprising the United States Capitol Buildings and Grounds as defined in sections 193a and 193m of this title, and other buildings and grounds under the care of the Architect of the Capitol, consult with the Architect of the Capitol. (3)-(9) Omitted (h) Creation of National Capital Service Area not to affect existing provisions covering buildings and grounds within Area; availability of services and facilities (1) Except to the extent specifically provided by the provisions of this section, and amendments made by this section, nothing in this section shall be applicable to the United States Capitol Buildings and Grounds as defined in sections 193a and 193m of this title, or to any other buildings and grounds under the care of the Architect of the Capitol, the United States Supreme Court Building and Grounds as defined in section 13p of this title, and the Library of Congress Buildings and Grounds as defined in section 167j of title 2, and except to the extent herein specifically provided, including amendments made by this section, nothing in this section shall be construed to repeal, amend, alter, modify, or supersede any provision of sections 193a to 193m, 212a, 212a-2, and 212b of this title, or any other of the general laws of the United States or any of the laws enacted by the Congress and applicable exclusively to the District of Columbia, or any rule or regulation promulgated pursuant thereto, in effect on January 1, 1975, pertaining to said buildings and grounds, or any existing authority, with respect to such buildings and grounds, vested by law, or otherwise, on such date, in the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, or the Librarian of Congress. (2) Notwithstanding the foregoing provision of this section, any of the services and facilities authorized by this Act to be rendered or furnished (including maintenance of streets and highways, and services under section 1537 of title 31) shall, as far as practicable, be made available to the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch vested by law or otherwise on January 1, 1975, with authority over such buildings and grounds, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, and the Librarian of Congress, upon their request, and, if payment would be required for the rendition or furnishing of a similar service or facility to any other Federal agency, payment therefor shall be made by the recipient thereof, upon presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the parties rendering and receiving such services). (i) Continued application of laws, rules, and regulations covering areas within National Capital Service Area Except to the extent otherwise specifically provided in the provisions of this section, and amendments made by this section, all general laws of the United States and all laws enacted by the Congress and applicable exclusively to the District of Columbia, including regulations and rules promulgated pursuant thereto, in effect on January 1, 1975, and which, on such date, are applicable to and within the areas included within the National Capital Service Area pursuant to this section shall, on and after January 2, 1975, continue to be applicable to and within such National Capital Service Area in the same manner and to the same extent as if this section had not been enacted, and shall remain so applicable until such time as they are repealed, amended, altered, modified, or superseded, and such laws, regulations and rules shall thereafter be applicable to and within such area in the manner and to the extent so provided by any such amendment, alteration, or modification. (j) Residency within National Capital Service Area In no case shall any person be denied the right to vote or otherwise participate in any manner in any election in the District of Columbia solely because such person resides within the National Capital Service Area. -SOURCE- (Pub. L. 93-198, title VII, Sec. 739, Dec. 24, 1973, 87 Stat. 825.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. This Act, referred to in subsecs. (g)(1) and (h)(2), means the District of Columbia Self-Government and Governmental Reorganization Act, Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 774, which is classified principally to the District of Columbia Code. See chapter 2 (Sec. 1-201 et seq.) of Title 1, Administration, of the District of Columbia Code. For classification of this Act to the U.S. Code, see Tables. The amendments made by this section, referred to in subsecs. (h)(1) and (i), means the amendments made by section 739(d) and (g)(3) to (9) of Pub. L. 93-198, which amended sections 13n, 193a, 212a, and 212b of this title and section 167h of Title 2, The Congress, and enacted provision set out as a note under section 193a of this title. -COD- CODIFICATION Subsecs. (d) and (g)(3) to (9) of this section made the amendments specified in the References in Text note above. In subsec. (h)(2), 'section 1537 of title 31' substituted for 'section 731 of this Act (31 U.S.C. 685a)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section is also set out in section 9-142 of the District of Columbia Code. -CROSS- DEFINITIONS The definitions in section 103 of Pub. L. 93-198 (which is classified to section 1-202 of the District of Columbia Code) apply to this section. ------DocID 43936 Document 182 of 816------ -CITE- 40 USC CHAPTER 2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- CHAPTER 2 - CAPITOL BUILDING AND GROUNDS -MISC1- Sec. 161. Title of Superintendent of Capitol Building and Grounds changed to Architect of Capitol. 161a. Repealed. 162. Architect of Capitol; powers and duties. 162-1. Appointment of Architect of Capitol. 162a. Compensation of Architect of Capitol. 162b. Semiannual report of expenditures by Architect of Capitol. 163. Care and superintendence of Capitol by Architect of Capitol. 163a. Exterior of Capitol, duty of Architect. 163b. Delegation of authority by Architect of Capitol. 164. Omitted. 164a. Assistant Architect of Capitol to act in case of absence, disability, or vacancy. 165. Repealed. 166. Architect of Capitol; repairs of Capitol. 166a. Travel expenses. 166a-1. Appropriations under control of Architect of Capitol; availability for expenses of advertising. 166b, 166b-1. Repealed or Omitted. 166b-1a. Compensation of employees under Architect of Capitol; single per annum gross rates of pay. 166b-1b. Conversion by Architect of Capitol of existing basic pay rates to per annum gross pay rates. 166b-1c. Obsolete references in existing law to basic pay rates. 166b-1d. Savings provisions. 166b-1e. Effect on existing law. 166b-1f. Exemptions. 166b-2. Registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings; allocation to General Schedule salary grade. 166b-3. Authorization to fix basic rate of compensation for certain positions. 166b-3a. Compensation of certain positions in Office of Architect of Capitol. (a) Amount of compensation to be that specified in appropriations Acts. (b) Positions covered. (c) Calculation of amounts. (d) Effective date. 166b-3b. Compensation of certain positions under jurisdiction of Architect of Capitol. 166b-4. Gratuities for survivors of deceased employees under jurisdiction of Architect of Capitol. 166b-5. Withholding and remittance of State income tax by Architect of Capitol. (a) Agreement by Architect with appropriate State official; covered individuals. (b) Number of remittances authorized. (c) Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations. (d) Time or times of agreements by Architect. (e) Provisions as not imposing duty, burden, requirement or penalty upon United States or any officer or employee of United States. (f) 'State' defined. 166b-6. Assignment and reassignment of personnel by Architect of Capitol for personal services. 166c. Acquisition of surplus supplies, materials, etc.; priority. 166d. Rental or lease of storage space. 166e. Funds out of Contingent Expenses, Architect of Capitol. 166f. Funds out of Capitol Buildings, Architect of Capitol. 167. Lighting, heating, and ventilating House of Representatives. 167a. Repealed. 168. Heating and ventilating Senate wing. 168a. Repealed. 169. Furniture for House of Representatives. 170. Purchase of furniture or carpets for House or Senate. 170a. Transferred. 171. Transfer of discontinued apparatus to other branches. 172. Repealed. 173. Estimates for improvements in grounds. 174, 174a. Omitted. 174b. Senate Office Building; approval of structural changes by Architect of Capitol. 174b-1. Additional Senate office building. 174c. Control, care, and supervision of Senate Office Building. 174d. Assignment of space in Senate Office Building. 174d-1. Assignment of space for meetings of joint committees, conference committees, etc. 174e. Certification of vouchers by Architect of Capitol. 174f to 174j. Omitted. 174j-1. Senate Restaurants; management by Architect of Capitol; approval of matters of general policy; termination. 174j-2. Omitted. 174j-3. Authorization and direction to effectuate purposes of sections 174j-1 to 174j-7 of this title. 174j-4. Special deposit account; establishment; appropriations; approval of payments. 174j-5. Deposits and disbursements under special deposit account. 174j-6. Bond of Architect, Assistant Architect, and other employees. 174j-7. Supersedure of prior provisions for maintenance and operation of Senate Restaurants. 174j-8. Management personnel and miscellaneous expenses; availability of appropriations; annual and sick leave. 174j-9. Loans for Senate Restaurants. (a) Borrowing authority. (b) Amount and period of loan; voucher. (c) Deposit, credit, and future availability of proceeds from repayment. 174k. House of Representatives restaurant, cafeteria, and food services. (a) Management and duties. (b) Transfer of accounts, records, supplies, equipment, and assets. (c) Special deposit account. (d) Effective date. 175. House Office Building; control, supervision, and care. 176. Speaker as member of House Office Building commission. 177. Assignment of rooms in House Office Building. 178. Vacant rooms; assignment to Representatives. 179. Vacant rooms; withdrawal by Representatives of request for assignment; relinquishment of rooms previously assigned. 180. Exchange of rooms. 181. Record of assignment of rooms, etc. 182. Assignment of rooms to Commissioner from Puerto Rico. 183. Assignment etc., of rooms; control of by House. 184. Assignment of unoccupied space. 184a. John W. McCormack Residential Page School. (a) Construction authorization for dormitory and classroom facilities complex. (b) Acquisition of property in District of Columbia. (c) Condemnation proceedings. (d) Transfer of United States owned property. (e) Alley and street closures by Mayor of the District of Columbia. (f) United States Capitol Grounds provisions applicable. (g) Designation; employment of services under supervision and control of Architect of Capitol: joint approval and direction of Speaker and President pro tempore; annual estimates to Congress; regulations governing Architect of Capitol. (h) Joint appointee for supervision and control over page activities; regulations; Residence Superintendent of Pages: appointment, compensation, and duties; additional personnel: appointment and compensation. (i) Sections 88a and 88b of title 2 unaffected. 184b. House of Representatives Child Care Center. 184c. Responsibility for Center. (a) Independent, nonprofit, nongovernmental corporation. (b) Official documents of corporation; submission; amendment. (c) Board of directors. (d) Monthly reports on operations and financial transactions of Center; audit; public availability of reports. 184d. Duties of corporation. 184e. Initial funding for Center; reimbursement; Center to be economically self-sufficient; House responsibility for Center. 184f. Definitions as used in sections 184b to 184f of this title. 185. Capitol power plant. 185a. Senate Garage; control, supervision, servicing of official motor vehicles. 186. Transfer of material and equipment to Architect. 187. National Statuary Hall. 188. Works of fine arts. 188a. United States Capitol Preservation Commission. (a) Establishment and purposes. (b) Membership. (c) Designees. (d) Architect of the Capitol. (e) Staff support and assistance. 188a-1. Authority of Commission to accept gifts and conduct other transactions relating to works of fine art and other property. (a) In general. (b) Transfer and disposition of works of fine art and other property. (c) Requirements for conduct of transactions. 188a-2. Capitol Preservation Fund. (a) In general. (b) Availability of fund. (c) Transaction costs and proportionality. (d) Deposits, credits, and disbursements. (e) Investments. 188a-3. Audits by the Comptroller General. 188a-4. Advisory boards. 188a-5. 'Member of the House of Representatives' defined. 188b. Senate Commission on Art. (a) Establishment. (b) Chairman and Vice Chairman; quorum; Executive Secretary. (c) Selection of Curator of Art and Antiquities of the Senate; availability of professional and clerical assistance. (d) Hearings and meetings. 188b-1. Duties of Commission. (a) In general. (b) Issuance and publication of regulations. (c) Consistency of regulations. (d) Responsibilities of Committee on Rules and Administration of Senate. 188b-2. Supervision and maintenance of Old Senate Chamber. 188b-3. Publication of list of works of art, historical objects, and exhibits. 188b-4. Authorization of appropriations. 188b-5. Additional authority for Senate Commission on Art to acquire works of art, historical objects, documents, or exhibits. 188b-6. Conservation, restoration, replication, or replacement of items in United States Senate Collection. (a) Use of moneys in Senate contingent fund. (b) United States Senate Collection. (c) Approval of disbursements by Chairman or Executive Secretary of Senate Commission on Art. 188c. House of Representatives Fine Arts Board. (a) Establishment and authority. (b) Clerk of the House of Representatives. (c) Architect of the Capitol. 188c-1. Acceptance of gifts on behalf of the House of Representatives. 189. Art exhibits. 190. Private studios and works of art. 190a. Omitted. 190b. Location of reference library for Senate and House of Representatives. 191, 192. Repealed or Omitted. 193. Protection of buildings and property. 193a. United States Capitol Grounds; area comprising; jurisdiction. 193b. Public use of Capitol grounds. 193c. Obstruction of roads; conveyance of goods or merchandise; Capitol grounds. 193d. Sale of articles; signs; solicitation; Capitol grounds. 193e. Injuries to property; Capitol grounds. 193f. Capitol Grounds and Buildings security. (a) Firearms, dangerous weapons, explosives, or incendiary devices. (b) Violent entry and disorderly conduct. (c) Exemption of Government officials. 193g. Parades or assemblages; display of flags; Capitol grounds. 193h. Prosecution and punishment of offenses. (a) Firearms, dangerous weapons, explosives, or incendiary device offenses. (b) Other offenses. (c) Procedure. 193i. Assistance to authorities by Capitol employees. 193j. Suspension of prohibitions against use of grounds. 193k. Power of Capitol Police Board to suspend prohibitions. 193l. Concerts on grounds. 193m. Definitions. 193m-1. Audit for private organizations conducting activities or performing services in or on United States Capitol Buildings or Grounds; report to Congress. 193n. Smithsonian Institution; policing of buildings and grounds. 193o. Public use of Smithsonian grounds. 193p. Sale of articles, signs; solicitation; Smithsonian grounds. 193q. Injury to property; Smithsonian grounds. 193r. Additional protective regulations; publication; Smithsonian grounds. 193s. Prosecution and punishment; Smithsonian grounds. 193t. Police power; Smithsonian grounds. 193u. Suspension of regulations; Smithsonian grounds. 193v. 'Buildings and grounds' defined. 193w. Repealed. 193x. Enforcement power of special police. 194 to 205. Repealed. 206. Capitol Police; appointment; Chief of the Capitol Police. 206-1. Capitol Police; compensation of Chief. 206a to 206a-8. Omitted. 206b. Emergency duty overtime pay for Capitol Police from funds disbursed by the Clerk of the House of Representatives. (a) Entitlement of officer or member. (b) Determination of rate of compensation. (c) Written election by officer for compensation or compensatory time off for additional hours of duty. (d) Certification procedure for additional compensation. (e) Transfer of accrued compensatory time off or receipt of lump-sum payment upon termination of service. (f) Definitions. (g) Contingent fund of House available for payment of overtime pay. 206c. Emergency duty overtime pay for Capitol Police from funds disbursed by Secretary of the Senate; compensatory time off in place of additional pay; election, accrual and transfer of time off; rules and regulations. 207. Payment of Capitol Police. 208. Suspension of Capitol Police members. 209. Pay of Capitol Police members under suspension. 210. Uniform, belts and arms; Capitol Police. 210a. Uniforms to display United States flag or colors. 211. Uniform; at whose expense; Capitol Police. 212. Wearing uniform on duty; Capitol Police. 212a. Policing of Capitol Buildings and Grounds; powers of Capitol Police; arrests by Capitol Police for crimes of violence; arrests by District of Columbia police. 212a-1. Capitol grounds and Library of Congress grounds; detail of police. 212a-2. Protection of Members of Congress, officers of Congress, and members of their families. (a) Authority of the Capitol Police. (b) Detail of police. (c) Arrest of suspects. (d) Fines and penalties. (e) Construction of provisions. (f) 'United States' defined. 212b. Regulation of traffic by Capitol Police Board. (a) Exclusive charge and control of all vehicular and other traffic. (b) Promulgation of regulations. (c) Printing of regulations and effective dates. (d) Cooperation with Mayor of District of Columbia. 213, 213a. Repealed or Omitted. 214. Protection of grounds. 214a. Omitted. 214b. Designation of Capitol grounds as play area for children of Members and employees of Senate or House of Representatives. (a) Authority of Capitol Police Board. (b) Required approval; fences; termination of authority. (c) Playground equipment; required approval. (d) Day care center. 215. Supervision of Botanical Garden. 216. Superintendent, etc., of Botanical Garden and greenhouses. 216a. Restriction on use of appropriation for Botanical Garden. 216b. Utilization of personnel by Architect of Capitol for maintenance and operation of Botanic Garden. 216c. National Garden; location; demonstration of diversity of plants; acceptance of gifts. 216d. Disbursement of appropriations for Botanic Garden. 217. Repealed. 217a. Plant material exchanges. 217b to 222. Repealed or Omitted. 223. Capitol Grounds shuttle service; purchase, etc. of vehicles. 224. Transportation of House Pages by Capitol Grounds shuttle service. -CROSS- CROSS REFERENCES Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. Reorganization of Executive Agencies, see Executive Order No. 6166, Sec. 1, 2, promulgated June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. Right of action for death or personal injury within national park or other place under exclusive jurisdiction of United States or governed by State laws, see section 457 of Title 16, Conservation. ------DocID 43937 Document 183 of 816------ -CITE- 40 USC Sec. 161 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 161. Title of Superintendent of Capitol Building and Grounds changed to Architect of Capitol -STATUTE- The title of 'Superintendent of the Capitol Building and Grounds' is changed to 'Architect of the Capitol.' -SOURCE- (Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -COD- CODIFICATION The title of Architect of the Capitol was changed to Superintendent of the Capitol Building and Grounds, by act Feb. 14, 1902, popularly known as the 'Urgent Deficiency Appropriation Act for 1902'. Act Mar. 3, 1921, restored the original title, and is based on the Legislative, Executive, and Judicial Appropriation Act Mar. 3, 1921, fiscal year 1922. -MISC3- PRIOR PROVISIONS Act May 2, 1828, ch. 45, Sec. 1, 4 Stat. 266, abolished the office of Architect of the Capitol. The duties of that office were transferred to the Commissioner of Public Buildings and Grounds, appointed by the President under act April 29, 1816, ch. 150, Sec. 2, 3 Stat. 324, to succeed a previously existing board of three commissioners of Public Buildings and Grounds. Act Mar. 3, 1829, ch. 151, Sec. 2, 4 Stat. 363, authorized the President to continue the office of Architect of the Capitol long enough to complete work in progress. Act Sept. 30, 1850, ch. 90, Sec. 1, 9 Stat. 538, made appropriation for 'the extension of the Capitol' according to the plan as might be approved by the President, to be expended under his direction, 'by such architect as he may appoint to execute the same.' Subsequent acts frequently referred to the Architect of the Capitol or to the Architect of the Capitol Extension. Act Mar. 2, 1867, ch. 167, Sec. 2, 14 Stat. 466, abolished the office of Commissioner of Public Buildings and Grounds referred to in section 162 of this title, and transferred the duties of that office to the Chief of Engineers of the Army. Act Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 147, transferred the duties relative to the Capitol theretofore performed by the Commissioner of Public Buildings and Grounds to the Architect of the Capitol. ------DocID 43938 Document 184 of 816------ -CITE- 40 USC Sec. 161a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 161a. Repealed. June 20, 1929, ch. 33, Sec. 6, 46 Stat. 39 -MISC1- Section, act May 24, 1924, ch. 183, 43 Stat. 149, related to compensation of employees of the office of the Architect of the Capitol. Under section 3 of act June 20, 1929, such employees came within the Classification Act of 1923, which was set out in section 661 et seq. of former Title 5, Executive Departments and Government Officers and Employees. The Classification Act of 1923 was repealed, and superseded by the Classification Act of 1949, which was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644. The former provisions of the Classification Act of 1949 are now covered by chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. ------DocID 43939 Document 185 of 816------ -CITE- 40 USC Sec. 162 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 162. Architect of Capitol; powers and duties -STATUTE- The Architect of the Capitol shall perform all the duties relative to the Capitol Building performed prior to August 15, 1876, by the Commissioner of Public Buildings and Grounds, and shall be appointed by the President: Provided, That no change in the architectural features of the Capitol Building or in the landscape features of the Capitol Grounds shall be made except on plans to be approved by Congress. -SOURCE- (Aug. 15, 1876, ch. 287, 19 Stat. 147; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -CROSS- CROSS REFERENCES Appropriations under control of the Architect of the Capitol, see section 166a-1 of this title. Duties of Architect with respect to Library of Congress Building, see sections 141 and 143 of Title 2, The Congress. ------DocID 43940 Document 186 of 816------ -CITE- 40 USC Sec. 162-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 162-1. Appointment of Architect of Capitol -STATUTE- (a)(1) The Architect of the Capitol shall be appointed by the President by and with the advice and consent of the Senate for a term of 10 years. (2) There is established a commission to recommend individuals to the President for appointment to the Office of Architect of the Capitol. The Commission (FOOTNOTE 1) shall be composed of - (FOOTNOTE 1) So in original. Probably should not be capitalized. (A) the Speaker of the House of Representatives, (B) the President pro tempore of the Senate, (C) the majority and minority leaders of the House of Representatives and the Senate, and (D) the chairmen and the ranking minority members of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. The commission shall recommend at least three individuals for appointment to such office. (3) An individual appointed Architect of the Capitol under paragraph (1) shall be eligible for reappointment to such office. (b) Subsection (a) of this section shall be effective in the case of appointments made to fill vacancies in the Office of Architect of the Capitol which occur on or after November 21, 1989. If no such vacancy occurs within the six-year period which begins on November 21, 1989, no individual may, after the expiration of such period, hold such office unless the individual is appointed in accordance with subsection (a) of this section. -SOURCE- (Pub. L. 101-163, title III, Sec. 319, Nov. 21, 1989, 103 Stat. 1068.) ------DocID 43941 Document 187 of 816------ -CITE- 40 USC Sec. 162a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 162a. Compensation of Architect of Capitol -STATUTE- The compensation of the Architect of the Capitol shall be at an annual rate which is equal to the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5. -SOURCE- (Pub. L. 88-426, title II, Sec. 203(c), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90-206, title II, Sec. 219(2), Dec. 16, 1967, 81 Stat. 639; Pub. L. 94-82, title II, Sec. 204(b), Aug. 9, 1975, 89 Stat. 421; Pub. L. 96-146, Sec. 1(1), Dec. 14, 1979, 93 Stat. 1086.) -MISC1- PRIOR PROVISIONS A prior section 162a, acts Oct. 15, 1949, ch. 695, Sec. 5(a), 63 Stat. 880; Aug. 5, 1955, ch. 568, Sec. 101, 69 Stat. 515, which prescribed the annual rate of basic compensation, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 655. AMENDMENTS 1979 - Pub. L. 96-146 increased compensation of Architect to an annual rate equal to annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5. 1975 - Pub. L. 94-82 increased compensation of Architect to an annual rate equal to rate for positions at level IV of the Executive Schedule. 1967 - Pub. L. 90-206, Sec. 219(2), substituted '$28,750' for '$27,000'. EFFECTIVE DATE OF 1979 AMENDMENT Section 2 of Pub. L. 96-146 provided that: 'The provisions of this Act (amending this section and section 166b of this title) shall take effect on the first day of the first applicable pay period commencing on or after the date of the enactment of this Act (Dec. 14, 1979).' EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE Section effective first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426. SALARY INCREASES 1987 - Salary of Architect increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress. 1977 - Salary of Architect increased to $50,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2. 1969 - Salary of Architect increased to $38,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2. REPEALS Pub. L. 90-206, title II, Sec. 219(2), Dec. 16, 1967, 81 Stat. 639, cited as a credit to this section, was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1080. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 356. ------DocID 43942 Document 188 of 816------ -CITE- 40 USC Sec. 162b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 162b. Semiannual report of expenditures by Architect of Capitol -STATUTE- (1) Commencing with the semiannual period beginning January 1, 1965 and for each semiannual period thereafter, the Architect of the Capitol shall compile and, not later than sixty days following the close of the semiannual period, submit to the Senate and the House of Representatives a report of all expenditures made from monies appropriated to the Architect of the Capitol, based on payrolls and other vouchers transmitted during such period to the Treasury Department for disbursement, such report to include (1) the name, title, and gross salary payment to each employee; (2) a list of government contributions to retirement, health, insurance, and other similar funds; and (3) name of payee, brief description of service rendered or items furnished under contract, purchase order or other agreement. Such report shall be printed as a Senate document. (2) The report by the Architect of the Capitol under paragraph (1) for the semiannual period beginning on January 1, 1976, shall include the period beginning on July 1, 1976, and ending on September 30, 1976, and such semiannual period shall be treated as closing on September 30, 1976. Thereafter, the report by the Architect of the Capitol under paragraph (1) shall be for the semiannual periods beginning on October 1 and ending on March 31 and beginning on April 1 and ending on September 30 of each year. -SOURCE- (Pub. L. 88-454, Sec. 105(b), Aug. 20, 1964, 78 Stat. 551; Pub. L. 94-303, title I, Sec. 118(c), June 1, 1976, 90 Stat. 616.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-303 designated existing provisions as par. (1) and added par. (2). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 356. ------DocID 43943 Document 189 of 816------ -CITE- 40 USC Sec. 163 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 163. Care and superintendence of Capitol by Architect of Capitol -STATUTE- The Architect of the Capitol shall have the care and superintendence of the Capitol, including lighting. His office shall be in the Capitol Building. -SOURCE- (Aug. 15, 1876, ch. 287, 19 Stat. 147; Mar. 3, 1877, ch. 102, 19 Stat. 298; Oct. 31, 1951, ch. 654, Sec. 3(14), 65 Stat. 708.) -COD- CODIFICATION Section is based on appropriation for the person in charge of hearing apparatus in act Aug. 15, 1876, popularly known as the 'Sundry Civil Appropriation Act'. It was repeated in the similar act Mar. 3, 1877. -MISC3- AMENDMENTS 1951 - Act Oct. 31, 1951, struck out ', and shall submit through the Secretary of the Interior estimates thereof' at end of first sentence. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -CROSS- CROSS REFERENCES Lighting of the Capitol, see sections 167 and 185 of this title. ------DocID 43944 Document 190 of 816------ -CITE- 40 USC Sec. 163a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 163a. Exterior of Capitol, duty of Architect -STATUTE- It shall be the duty of the Architect to clean and keep in proper order the exterior of the Capitol. -SOURCE- (July 7, 1884, ch. 332, 23 Stat. 209.) ------DocID 43945 Document 191 of 816------ -CITE- 40 USC Sec. 163b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 163b. Delegation of authority by Architect of Capitol -STATUTE- The Architect of the Capitol is authorized hereafter to delegate to the Assistant Architect and other assistants such authority of the Architect as he may deem proper. -SOURCE- (Aug. 5, 1955, ch. 568, 69 Stat. 515.) ------DocID 43946 Document 192 of 816------ -CITE- 40 USC Sec. 164 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 164. Omitted -COD- CODIFICATION Section, acts July 7, 1898, ch. 571, 30 Stat. 672; Apr. 17, 1900, ch. 192, 31 Stat. 125; Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 1000, related to absence, disability, or vacancy of Architect of the Capitol. See section 164a of this title. ------DocID 43947 Document 193 of 816------ -CITE- 40 USC Sec. 164a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 164a. Assistant Architect of Capitol to act in case of absence, disability, or vacancy -STATUTE- On and after August 18, 1970, the Assistant Architect of the Capitol shall act as Architect of the Capitol during the absence or disability of that official or whenever there is no Architect. -SOURCE- (Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 817; Pub. L. 101-163, title I, Sec. 106(d), Nov. 21, 1989, 103 Stat. 1057.) -COD- CODIFICATION Section is from Pub. L. 91-382, popularly known as the 'Legislative Branch Appropriation Act, 1971'. -MISC3- AMENDMENTS 1989 - Pub. L. 101-163 struck out ', and, in case of the absence or disability of the Assistant Architect, the Executive Assistant shall so act' before period at end. SIMILAR PROVISIONS Similar provisions were contained in the following appropriation acts: Oct. 2, 1962, Pub. L. 87-730, 76 Stat. 688. Aug. 10, 1961, Pub. L. 87-130, 75 Stat. 329. July 12, 1960, Pub. L. 86-628, 74 Stat. 455. Aug. 21, 1959, Pub. L. 86-176, 73 Stat. 407. July 31, 1958, Pub. L. 85-570, 72 Stat. 448. July 1, 1957, Pub. L. 85-75, 71 Stat. 251. June 27, 1956, ch. 453, 70 Stat. 365. Aug. 5, 1955, ch. 568, 69 Stat. 515. July 2, 1954, ch. 455, title I, 68 Stat. 405. Aug. 1, 1953, ch. 304, title I, 67 Stat. 327. July 9, 1952, ch. 598, 66 Stat. 472. Oct. 11, 1951, ch. 485, 65 Stat. 396. Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 602. June 22, 1949, ch. 235, 63 Stat. 224. June 14, 1948, ch. 467, 62 Stat. 430. July 17, 1947, ch. 262, 61 Stat. 369. July 1, 1946, ch. 530, 60 Stat. 400. May 18, 1946, ch. 263, title I, 60 Stat. 185. June 13, 1945, ch. 189, 59 Stat. 251. June 26, 1944, ch. 277, title I, 58 Stat. 346. June 28, 1943, ch. 173, title I, 57 Stat. 232. June 8, 1942, ch. 396, 56 Stat. 341. July 1, 1941, ch. 268, 55 Stat. 457. June 18, 1940, ch. 396, 54 Stat. 472. June 16, 1939, ch. 208, 53 Stat. 831. May 17, 1938, ch. 236, 52 Stat. 390. May 18, 1937, ch. 223, 50 Stat. 179. Apr. 17, 1936, ch. 233, 49 Stat. 1224. July 8, 1935, ch. 374, 49 Stat. 469. May 30, 1934, ch. 372, 48 Stat. 826. Feb. 28, 1933, ch. 134, 47 Stat. 1360. June 30, 1932, ch. 314, 47 Stat. 391. Feb. 20, 1931, ch. 234, 46 Stat. 1183. June 6, 1930, ch. 407, 46 Stat. 513. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 166b-3a of this title. ------DocID 43948 Document 194 of 816------ -CITE- 40 USC Sec. 165 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 165. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 634 -MISC1- Section, act Mar. 3, 1879, ch. 182, 20 Stat. 391, required disbursing clerk of Department of the Interior to act as disbursing clerk of Architect of the Capitol. ------DocID 43949 Document 195 of 816------ -CITE- 40 USC Sec. 166 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166. Architect of Capitol; repairs of Capitol -STATUTE- All improvements, alterations, additions, and repairs of the Capitol Building shall be made by the direction and under the supervision of the Architect of the Capitol. -SOURCE- (R.S. Sec. 1816; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291; Oct. 31, 1951, ch. 654, Sec. 3(15), 65 Stat. 708.) -COD- CODIFICATION R.S. Sec. 1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat. 617; acts Mar. 30, 1867, ch. 24, Sec. 2, 15 Stat. 13; July 20, 1868, ch. 177, Sec. 1, 15 Stat. 115; Mar. 3, 1869, ch. 121, Sec. 1, 15 Stat. 283, 284; Mar. 3, 1871, ch. 114, Sec. 1, 16 Stat. 500; Aug. 15, 1876, ch. 287, 19 Stat. 147. -MISC3- AMENDMENTS 1951 - Act Oct. 31, 1951, struck out requirement that such improvements, etc., should be paid for by Secretary of the Interior out of appropriations for Capitol extension, and from no other appropriation. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -MISC4- CONDITIONS FOR USE OF CERTAIN TELECOMMUNICATIONS SYSTEMS AND SERVICES BY AGENCY OF LEGISLATIVE BRANCH Pub. L. 101-520, title III, Sec. 306, Nov. 5, 1990, 104 Stat. 2277, provided that: '(a) Hereafter, notwithstanding any other provision of law, any agency of the legislative branch is authorized to use telecommunications systems and services provided by the Architect of the Capitol or the House of Representatives or the Senate under the approved plan required by section 305 of Public Law 100-202 (101 Stat. 1329-308) (formerly set out below) if such systems and services - '(1) have been acquired competitively; and '(2) in the case of long distance service, have been determined by the Architect of the Capitol to be at least equal in quality to, and not greater in cost than, the systems and services available under the procurement conducted by the Administrator of General Services known as 'FTS2000'. '(b) As used in this section, the term 'agency of the legislative branch' means the office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office.' Similar provisions were contained in the following prior appropriations acts: Pub. L. 101-163, title III, Sec. 306, Nov. 21, 1989, 103 Stat. 1064. Pub. L. 100-458, title III, Sec. 307B, Oct. 1, 1988, 102 Stat. 2183. DEVELOPMENT OF OVERALL PLAN FOR SATISFYING TELECOMMUNICATIONS REQUIREMENTS OF AGENCIES OF LEGISLATIVE BRANCH Pub. L. 101-520, title III, Sec. 305, Nov. 5, 1990, 104 Stat. 2276, provided that: '(a) The Architect of the Capitol, in consultation with the heads of the agencies of the legislative branch, shall develop an overall plan for satisfying the telecommunications requirements of such agencies, using a common system architecture for maximum interconnection capability and engineering compatibility. The plan shall be subject to joint approval by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, and, upon approval, shall be communicated to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. No part of any appropriation in this Act or any other Act shall be used for acquisition of any new or expanded telecommunications system for an agency of the legislative branch, unless, as determined by the Architect of the Capitol, the acquisition is in conformance with the plan, as approved. '(b) As used in this section - '(1) the term 'agency of the legislative branch' means the Office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office; and '(2) the term 'telecommunications system' means an electronic system for voice, data, or image communication, including any associated cable and switching equipment.' Similar provisions were contained in the following prior appropriations acts: Pub. L. 101-163, title III, Sec. 305, Nov. 21, 1989, 103 Stat. 1063. Pub. L. 100-458, title III, Sec. 305, Oct. 1, 1988, 102 Stat. 2182. Pub. L. 100-202, Sec. 101(i) (title III, Sec. 305), Dec. 22, 1987, 101 Stat. 1329-290, 1329-308. Pub. L. 99-500, Sec. 101(j) (H.R. 5203, title III, Sec. 305), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j) (H.R. 5203, title III, Sec. 305), Oct. 30, 1986, 100 Stat. 3341-287. RESTORATION OF WEST CENTRAL FRONT OF UNITED STATES CAPITOL; APPROPRIATION OF FUNDS; CONSULTING ARCHITECT Pub. L. 98-63, title I, July 30, 1983, 97 Stat. 335, which made supplemental appropriations for fiscal year ending Sept. 30, 1983, provided in part that: 'Notwithstanding any other provision of law, to enable the Architect of the Capitol, under the direction of the Commission on the West Central Front of the United States Capitol, to restore the West Central Front of the United States Capitol (without change of location or change of the present architectural appearance thereof) in substantial accordance with the 'Restoration of the West Central Facade' report dated March 1978, $49,000,000, to remain available until expended: Provided, That the Architect of the Capitol, under the direction of such Commission and without regard to the provisions of section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), is authorized and directed to enter into such contracts, incur such obligations, and make such expenditures for personal and other services and other expenses as may be necessary to carry out this paragraph: Provided further, That any general construction contracts entered into under authority of this paragraph shall be for a firm fixed price, supported by standard performance and payment bonds, and shall be awarded competitively among selected responsible general contractors approved by such Commission and upon the approval by such Commission of the amount of the firm fixed price contracts: Provided further, That, the Commission on the West Central Front of the United States Capitol shall appoint, from among private individuals who are qualified, by reason of education, training, and experience, a consulting architect who shall assist the Commission in directing the Architect of the Capitol with respect to the restoration of the West Central Front of the United States Capitol: Provided further, That the Architect of the Capitol shall keep the consulting architect appointed under this paragraph fully and currently informed of the progress of the restoration of the West Central Front of the United States Capitol: Provided further, That the consulting architect for the restoration of the West Central Front of the United States Capitol appointed under this paragraph shall be paid for his services (out of the sum appropriated by this paragraph) at such rate of pay as the Commission considers appropriate, but not exceeding a rate equal to the daily equivalent of the rate of basic pay payable for grade GS-18 under the General Schedule under section 5332 of title 5, United States Code.' STUDY AND REPORT ON UTILIZATION OF SPACE IN UNITED STATES CAPITOL AND HOUSE AND SENATE OFFICE BUILDINGS AND ANNEXES; DRAWINGS AND SPECIFICATIONS FOR RESTORATION AND EXTENSION OF WEST CENTRAL FRONT OF UNITED STATES CAPITOL; FUNDING, ETC. Pub. L. 95-94, title III, Sec. 301, Aug. 5, 1977, 91 Stat. 681, provided that: 'The Architect of the Capitol is authorized and directed (1) to conduct a study of the utilization of space in the United States Capitol for the purpose of recommending and reporting to the Speaker of the House of Representatives and the President of the Senate and to the Committees on Appropriations of both Houses, and the Senate Committee on Rules and Administration, those offices which, by virtue of the functions performed therein, should be located in the Capitol and those offices which could be relocated to the House and Senate Office Buildings and Annexes; (2) to prepare drawings and specifications for restoration of the West Central Front of the United States Capitol in accordance with each of the various plans and alternatives proposed to the Committees on Appropriations during hearings on Legislative Branch Appropriations for 1978; and (3) to prepare drawings and specifications for extension of the West Central Front of the United States Capitol in accordance with the modified plan for extension of the West Central Front approved by the Commission for Extension of the United States Capitol on April 7, 1977; the drawings and specifications to be prepared in such detail as will enable the cost of such restoration proposals and extension proposal to be ascertained. The unexpended balance of appropriations heretofore appropriated under the heading, 'Extension of the Capitol' shall be transferred immediately upon approval of this Act to a Commission on the West Central Front of the United States Capitol which shall be composed of the following: The Vice President of the United States, who shall be the Chairman, the Speaker of the House of Representatives, the Majority and Minority Leaders of the House of Representatives, and the Majority and Minority Leaders of the Senate. Such unexpended balances shall be available for (1) the conduct of such study and (2) the preparation of such drawings and specifications under the direction of the Commission on the West Central Front of the United States Capitol. The drawings and specifications shall be completed by March 1, 1978, and submitted for the approval of the Committees on Appropriations of the Senate and House of Representatives and the Commission on the West Central Front of the United States Capitol prior to the issuance of invitations to bid on the restoration or extension of the West Central Front of the United States Capitol.' PRELIMINARY DESIGN SKETCHES OF MURALS FOR HOUSE WING OF UNITED STATES CAPITOL AS GIFT FROM UNITED STATES CAPITOL HISTORICAL SOCIETY; FUNDS FOR DESIGNS; EMPLOYMENT OF ARTIST; CONTRACT AUTHORITY; FUNDS AVAILABLE UNTIL EXPENDED Pub. L. 94-497, Oct. 14, 1976, 90 Stat. 2377, provided: 'That, notwithstanding any other provision of law, the Joint Committee on the Library is authorized to accept, on behalf of the Congress, as a gift from the United States Capitol Historical Society, preliminary design sketches intended as a basic design for murals proposed to be painted on the ceiling and walls of the first floor corridors in the House wing of the United States Capitol. 'Sec. 2. Notwithstanding any other provision of law, the Architect of the Capitol is authorized - '(1) to accept in the name of the United States, from the United States Capitol Historical Society, such sum or sums as such society may tender in full payment thereof, and such sum or sums, when so received, shall be credited to the appropriation account 'Capitol Buildings, Architect of the Capitol', and '(2) subject to section 3 of this joint resolution, to expend such sum or sums for the employment, by contract, of an artist or artists, for the execution of mural decorations on the ceiling and walls of the first floor corridor in the House wing of the United States Capitol in substantial accordance with the preliminary design sketches referred to in the first section of the joint resolution, after the acceptance by the Joint Committee on the Library, and for all other necessary items in connection therewith, subject to such modifications thereof as may be approved by such joint committee. 'Sec. 3. The Architect of the Capitol, under the direction of the Speaker of the House of Representatives, is authorized to enter into contracts and to incur such other obligations and make such expenditures, as may be necessary to carry out the purposes of the joint resolution. 'Sec. 4. Sums received under the joint resolution, when credited to the appropriation account 'Capitol Buildings, Architect of the Capitol', shall be expended and shall remain available until expended. Any net monetary amounts remaining after the completion of the project authorized by the joint resolution, and in excess of the cost of such project, shall be returned to the United States Capitol Historical Society.' REMODELING OF CAUCUS ROOMS AND RESTAURANTS Act Aug. 2, 1946, ch. 753, Sec. 241, 60 Stat. 838, authorized the Architect of the Capitol to prepare plans for the remodeling and improvement of the caucus rooms of the Senate and House Office Buildings and Restaurants in the Senate and House and directed him to submit said plans at the earliest practicable date. Section 241 of act Aug. 2, 1946, was made effective Aug. 2, 1946 by section 245 of said act. EXTENSION, RECONSTRUCTION, AND REPLACEMENT OF CENTRAL PORTION OF THE UNITED STATES CAPITOL Act Aug. 5, 1955, ch. 568, Sec. 101, 69 Stat. 515, as amended by Pub. L. 91-77, Sept. 29, 1969, 83 Stat. 124, provided in part that: 'The Architect of the Capitol is hereby authorized, under the direction of a Commission for Extension of the United States Capitol, to be composed of the President of the Senate, the Speaker of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, and the Architect of the Capitol, to provide for the extension, reconstruction, and replacement of the central portion of the United States Capitol in substantial accordance with scheme B of the architectural plan submitted by a joint commission of Congress and reported to Congress on March 3, 1905 (House Document numbered 385, Fifty-eighth Congress), but with such modifications and additions, including provisions for restaurant facilities, and such other facilities in the Capitol Grounds, together with utilities, equipment, approaches, and other appurtenant or necessary items, as may be approved by said Commission.' GALLERY FACILITIES IN HOUSE CHAMBER: MODERNIZATION AND IMPROVEMENT; APPOINTMENT AND TERMINATION OF SPECIAL COMMISSION; PROGRAM FORMULATION, DEVELOPMENT, AND IMPLEMENTATION; COMPLETION DATE; CONTRACT AUTHORITY; APPROPRIATIONS Pub. L. 91-510, title IV, Sec. 499, Oct. 26, 1970, 84 Stat. 1200, provided that: '(a) The Speaker of the House of Representatives shall appoint a special commission of the House, to be designated the 'Special Commission on Modernization of House Gallery Facilities', composed of five Members of the House, three from the majority party and two from the minority party. The Speaker shall designate as chairman of the commission one of the Members so appointed. A vacancy in the membership of the commission shall be filled in the same manner as the original appointment. The commission shall conduct a study of the structure and uses of the gallery facilities in the Chamber of the House of Representatives and shall formulate and develop a program for the modernization and improvement of the House gallery facilities in order to improve the physical conditions under which the proceedings on the floor of the House are conducted and to provide for spectators in the House galleries modernized and improved accommodations for their enlightenment, information, and understanding with respect to the proceedings on the floor of the House and the role of the House generally in the legislative branch of the Government. Any such program formulated and developed by the commission shall provide for - '(1) the enclosure of the galleries with soundproof and transparent coverage in such manner as to preserve the visibility from the galleries of proceedings on the House floor and eliminate the audibility on the House floor of noise in the galleries; '(2) the installation of facilities and devices which will permit the proceedings on the floor of the House to be heard by spectators in the galleries, together with facilities and devices by which appropriate comments and explanations may be made to spectators in the galleries with respect to the proceedings on the House floor; and '(3) such other items or features of modernization and improvement of the House galleries as may be directed by the commission, including items and features of modernization designed to provide for and facilitate the consultation of legislative materials and the taking of written notes by visitors to the House galleries, under such regulations as the Speaker may from time to time prescribe, without any distraction to or disturbance of the conduct of proceedings on the floor of the House. '(b) At the request of the commission, the Architect of the Capitol shall provide advice, counsel, and assistance to the commission in the conduct of its study. '(c) Such study shall be completed not later than the close of the first session of the Ninety-second Congress. '(d) After the completion of such study, the commission through the Architect of the Capitol, subject to the availability of appropriations for such purpose, shall put the program for the modernization and improvement of the galleries into effect. The Architect of the Capitol may procure or make such plans, enter into such contracts, employ such personnel, and take such other actions and make such expenditures, as may be necessary to complete such program of modernization and improvement of the House galleries. In all matters connected with such program, the Architect shall be subject to the supervision, direction, and control of the commission. '(e) The commission shall cease to exist when the Speaker determines that the program for modernization and improvement of the galleries has been completed. '(f) There are hereby authorized to be appropriated, to remain available until expended, such sums as may be necessary to carry out the provisions of this section.' Section 499 of Pub. L. 91-510 effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -CROSS- CROSS REFERENCES Changes in architectural features of the Capitol Building or in landscape features of Capitol grounds, see section 162 of this title. ------DocID 43950 Document 196 of 816------ -CITE- 40 USC Sec. 166a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166a. Travel expenses -STATUTE- Appropriations under the control of the Architect of the Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $50,000. -SOURCE- (Nov. 5, 1990, Pub. L. 101-520, title I, 104 Stat. 2266.) -COD- CODIFICATION Section is from the appropriation act cited as the credit to this section. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Nov. 21, 1989, Pub. L. 101-163, title I, 103 Stat. 1055. Oct. 1, 1988, Pub. L. 100-458, title I, 102 Stat. 2169. Dec. 22, 1987, Pub. L. 100-202, Sec. 101(i) (title I), 101 Stat. 1329-290, 1329-301. Oct. 18, 1986, Pub. L. 99-500, Sec. 101(j) (H.R. 5203, title I), 100 Stat. 1783-287, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(j), 100 Stat. 3341-287. Nov. 13, 1985, Pub. L. 99-151, title I, 99 Stat. 800. July 17, 1984, Pub. L. 98-367, title I, 98 Stat. 482. July 14, 1983, Pub. L. 98-51, title I, Sec. 112, 97 Stat. 273. Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e) (S. 2939, title I), 96 Stat. 1189. Oct. 1, 1981, Pub. L. 97-51, Sec. 101(c) (H.R. 4120, title I), 95 Stat. 959. Dec. 16, 1980, Pub. L. 96-536, Sec. 101(c) (H.R. 7593, title I), 94 Stat. 3167. Oct. 12, 1979, Pub. L. 96-86, Sec. 101(c) (H.R. 4390, title I), 93 Stat. 657. Sept. 30, 1978, Pub. L. 95-391, title I, 92 Stat. 781. Aug. 5, 1977, Pub. L. 95-94, title I, 91 Stat. 672. Oct. 1, 1976, Pub. L. 94-440, title VI, 90 Stat. 1452. July 25, 1975, Pub. L. 94-59, title V, 89 Stat. 287. Aug. 13, 1974, Pub. L. 93-371, 88 Stat. 437. Nov. 1, 1973, Pub. L. 93-145, 87 Stat. 540. July 10, 1972, Pub. L. 92-342, 86 Stat. 442. July 9, 1971, Pub. L. 92-51, 85 Stat. 137. Aug. 18, 1970, Pub. L. 91-382, 84 Stat. 818. Dec. 12, 1969, Pub. L. 91-145, 83 Stat. 350. July 23, 1968, Pub. L. 90-417, 82 Stat. 407. July 28, 1967, Pub. L. 90-57, 81 Stat. 136. Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 364. July 27, 1965, Pub. L. 89-90, 79 Stat. 276. Aug. 20, 1964, Pub. L. 88-454, 78 Stat. 544. Dec. 30, 1963, Pub. L. 88-248, 77 Stat. 812. Oct. 2, 1962, Pub. L. 87-730, 76 Stat. 688. Aug. 10, 1961, Pub. L. 87-130, 75 Stat. 329. July 12, 1960, Pub. L. 86-628, 74 Stat. 455. Aug. 21, 1959, Pub. L. 86-176, 73 Stat. 407. July 31, 1958, Pub. L. 85-570, 72 Stat. 448. July 1, 1957, Pub. L. 85-75, 71 Stat. 251. June 27, 1956, ch. 453, 70 Stat. 365. Aug. 5, 1955, ch. 568, 69 Stat. 515. July 2, 1954, ch. 455, title I, 68 Stat. 405. Aug. 1, 1953, ch. 304, title I, 67 Stat. 327. July 9, 1952, ch. 598, 66 Stat. 472. Oct. 11, 1951, ch. 485, 65 Stat. 396. Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 602. June 22, 1949, ch. 235, 63 Stat. 224. June 14, 1948, ch. 467, 62 Stat. 430. July 17, 1947, ch. 262, 61 Stat. 369. July 1, 1946, ch. 530, 60 Stat. 400. June 13, 1945, ch. 189, 59 Stat. 251. June 26, 1944, ch. 277, title I, 58 Stat. 346. June 26, 1943, ch. 173, title I, 57 Stat. 232. June 8, 1942, ch. 396, 56 Stat. 341. July 1, 1941, ch. 268, 55 Stat. 457. June 18, 1940, ch. 396, 54 Stat. 472. ------DocID 43951 Document 197 of 816------ -CITE- 40 USC Sec. 166a-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166a-1. Appropriations under control of Architect of Capitol; availability for expenses of advertising -STATUTE- Appropriations under the control of the Architect of the Capitol shall be available for expenses of advertising and personal and other services. -SOURCE- (Feb. 28, 1929, ch. 367, 45 Stat. 1395; June 6, 1930, ch. 407, 46 Stat. 513.) -COD- CODIFICATION Section consolidates provisions from the Legislative Branch Appropriation Acts for fiscal years 1930 and 1931. Section was formerly classified to section 689 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.y ------DocID 43952 Document 198 of 816------ -CITE- 40 USC Sec. 166b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b. Omitted -MISC1- Section, Pub. L. 88-426, title II, Sec. 203(d), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90-206, title II, Sec. 219(3), Dec. 16, 1967, 81 Stat. 639; Pub. L. 94-82, title II, Sec. 204(b), Aug. 9, 1975, 89 Stat. 421; Pub. L. 96-146, Sec. 1(2), Dec. 14, 1979, 93 Stat. 1086, set the compensation of the Assistant Architect of the Capitol at a rate equal to the rate for level V of the Executive Schedule under 5 U.S.C. 5315. See section 166b-3a of this title. A prior section 166b, acts May 18, 1946, ch. 263, title I, 60 Stat. 184; July 1, 1946, ch. 530, 60 Stat. 400; July 17, 1947, ch. 262, 61 Stat. 369; Oct. 15, 1949, ch. 695, Sec. 6(a), 63 Stat. 881; Aug. 5, 1955, ch. 568, Sec. 101, 69 Stat. 515, which prescribed annual rate of basic compensation for Assistant Architect of the Capitol, and was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 653, 654. ------DocID 43953 Document 199 of 816------ -CITE- 40 USC Sec. 166b-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1. Repealed. Pub. L. 101-163, title I, Sec. 106(b), Nov. 21, 1989, 103 Stat. 1056 -MISC1- Section, Pub. L. 96-536, Sec. 101(c) (H.R. 7593, title I, title III, Sec. 303), Dec. 16, 1980, 94 Stat. 3167, set the salary of the Executive Assistant, Architect of the Capitol. A prior section 166b-1, Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 817, which prescribed salary of Executive Assistant, Architect of the Capitol, was superseded by Pub. L. 96-536. Another prior section 166b-1, acts Aug. 14, 1964, Pub. L. 88-426, title II, Sec. 203(e), 78 Stat. 415; Dec. 16, 1967, Pub. L. 90-206, title II, Sec. 219(4), 81 Stat. 639, which prescribed compensation of Second Assistant Architect of the Capitol, was superseded by provisions of Pub. L. 91-382 which replaced Second Assistant with an Executive Assistant, Architect of the Capitol. Another prior section 166b-1, acts Aug. 5, 1955, ch. 568, 69 Stat. 515; July 1, 1957, Pub. L. 85-75, 71 Stat. 251; Aug. 10, 1961, Pub. L. 87-130, 75 Stat. 329, which prescribed salary of Second Assistant Architect of the Capitol, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 658. ------DocID 43954 Document 200 of 816------ -CITE- 40 USC Sec. 166b-1a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1a. Compensation of employees under Architect of Capitol; single per annum gross rates of pay -STATUTE- Whenever the rate of pay of - (1) an employee of the Office of the Architect of the Capitol; or (2) an employee of the House Restaurant, or of the Senate Restaurant, under the supervision of the Architect of the Capitol as an agent of the House or Senate, respectively, as the case may be; is fixed or adjusted on or after the effective date of this section, that rate, as so fixed and adjusted, shall be a single per annum gross rate. -SOURCE- (Pub. L. 91-510, title IV, Sec. 481, Oct. 26, 1970, 84 Stat. 1196.) -REFTEXT- REFERENCES IN TEXT The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1b, 166b-1c, 166b-1d, 166b-1e, 166b-1f of this title. ------DocID 43955 Document 201 of 816------ -CITE- 40 USC Sec. 166b-1b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1b. Conversion by Architect of Capitol of existing basic pay rates to per annum gross pay rates -STATUTE- The Architect of the Capitol shall convert, as of the effective date of this section, to a single per annum gross rate, the rate of pay of each employee described in subparagraph (1) or subparagraph (2) of section 166b-1a of this title, whose pay immediately prior to such effective date was fixed at a basic rate with respect to which additional pay was payable by law. -SOURCE- (Pub. L. 91-510, title IV, Sec. 482, Oct. 26, 1970, 84 Stat. 1196.) -REFTEXT- REFERENCES IN TEXT The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1c, 166b-1d, 166b-1e, 166b-1f of this title. ------DocID 43956 Document 202 of 816------ -CITE- 40 USC Sec. 166b-1c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1c. Obsolete references in existing law to basic pay rates -STATUTE- In any case in which - (1) the rate of pay of, or any maximum or minimum rate of pay with respect to - (A) any employee described in subparagraph (1) or subparagraph (2) of section 166b-1a of this title, or (B) the position of such employee, or (C) any class or group of such employees or positions, is referred to in or provided by statute or other authority; and (2) the rate so referred to or provided is a basic rate with respect to which additional pay is provided by law; such statutory provision or authority shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to the effective date of this section would receive, without regard to such statutory provision or authority, under section 166b-1b of this title on and after such date. -SOURCE- (Pub. L. 91-510, title IV, Sec. 483, Oct. 26, 1970, 84 Stat. 1196.) -REFTEXT- REFERENCES IN TEXT The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1d, 166b-1e, 166b-1f of this title. ------DocID 43957 Document 203 of 816------ -CITE- 40 USC Sec. 166b-1d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1d. Savings provisions -STATUTE- The provisions of sections 166b-1a to 166b-1f of this title shall not be construed to - (1) limit or otherwise affect any authority for the making of any appointment to, or for fixing or adjusting the pay for, the position of any employee described in subparagraph (1) or subparagraph (2) of section 166b-1a of this title; (2) affect the continuity of employment of, or reduce the pay of, any employee holding any position referred to in subparagraph (1) of this section; or (3) modify, change, supersede, or otherwise affect the provisions of sections 5504 and 6101(a)(5) of title 5, insofar as such sections relate to the Office of the Architect of the Capitol. -SOURCE- (Pub. L. 91-510, title IV, Sec. 484, Oct. 26, 1970, 84 Stat. 1197.) -MISC1- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1e, 166b-1f of this title. ------DocID 43958 Document 204 of 816------ -CITE- 40 USC Sec. 166b-1e -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1e. Effect on existing law -STATUTE- (a) All provisions of law inconsistent with sections 166b-1a to 166b-1f of this title are hereby superseded to the extent of the inconsistency. (b) Sections 5504 and 6101(a)(5) of title 5 shall apply to employees of the House and Senate Restaurants who are paid at per annum rates of pay as long as such employees are under the supervision of the Architect of the Capitol as an agent of the House or Senate, respectively, as the case may be. -SOURCE- (Pub. L. 91-510, title IV, Sec. 485, Oct. 26, 1970, 84 Stat. 1197.) -MISC1- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1d, 166b-1f of this title. ------DocID 43959 Document 205 of 816------ -CITE- 40 USC Sec. 166b-1f -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1f. Exemptions -STATUTE- Notwithstanding any other provision of sections 166b-1a to 166b-1f of this title, the foregoing provisions of such sections do not apply to any employee described in section 166b-1a of this title whose pay is fixed and adjusted - (1) in accordance with chapter 51, and subchapter III of chapter 53, of title 5, relating to classification and General Schedule pay rates; (2) in accordance with subchapter IV of chapter 53 of title 5, relating to prevailing rate pay systems; (3) at per hour or per diem rates in accordance with section 3 of the Legislative Pay Act of 1929, as amended (46 Stat. 38; 55 Stat. 615), relating to employees performing professional and technical services for the Architect of the Capitol in connection with construction projects and employees under the Office of the Architect of the Capitol whose tenure of employment is temporary or of uncertain duration; or (4) in accordance with prevailing rates under authority of sections 174j-1 to 174j-7 of this title entitled 'Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes', or section 174k of this title, relating to the duties of the Architect of the Capitol with respect to the House of Representatives Restaurant. -SOURCE- (Pub. L. 91-510, title IV, Sec. 486, Oct. 26, 1970, 84 Stat. 1197.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in par. (1), is set out under section 5332 of Title 5, Government Organization and Employees. Section 3 of the Legislative Pay Act of 1929, as amended (46 Stat. 38; 55 Stat. 615), referred to in par. (3), amended section 2 of the Classification Act of 1923, which was classified to section 662 of former Title 5, Executive Departments and Government Officers and Employees. The Classification Act of 1923, as amended, was repealed and superseded by the Classification Act of 1949, Oct. 28, 1949, ch. 782, 63 Stat. 954, 972. The amendment of section 3 of the Legislative Pay Act of 1929 made by act Aug. 1, 1941, Sec. 6, 55 Stat. 615, was not repealed by the Classification Act of 1949. See section 1202(7), 63 Stat. 973. Section 174j-2 of this title, included within reference in par. (4) to sections 174j-1 to 174j-7 of this title, was omitted from the Code. -MISC2- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1d, 166b-1e of this title. ------DocID 43960 Document 206 of 816------ -CITE- 40 USC Sec. 166b-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-2. Registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings; allocation to General Schedule salary grade -STATUTE- Notwithstanding any other provision of law, effective on the first day of the first applicable pay period which begins on or after December 27, 1974, the positions of registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings, shall be allocated by the Architect of the Capitol to grade 11 of the General Schedule. Notwithstanding any other provision of law, effective January 1, 1975, none of the funds appropriated to the Architect of the Capitol shall thereafter be available for any nursing position unless the position is occupied by a Registered Nurse: Provided, That such provision shall not be applicable to the present incumbents of such positions. -SOURCE- (Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 101-520, title I, Sec. 109, Nov. 5, 1990, 104 Stat. 2269.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees. -MISC2- PRIOR PROVISIONS A prior section 166b-2, Pub. L. 85-462, Sec. 4(j), (t), June 20, 1958, 72 Stat. 208, 209, which established the position of Chief Nurse in the Senate Office Building, under the Office of the Architect of the Capitol, and set forth the salary grade for each position of nurse under the Architect of the Capitol, was omitted as superseded. AMENDMENTS 1990 - Pub. L. 101-520 substituted 'grade 11' for 'grade 10' and struck out 'and compensated initially at the same steps in such grade, currently in effect for their present grades, so long as such positions are held by the present incumbents' after 'General Schedule'. ------DocID 43961 Document 207 of 816------ -CITE- 40 USC Sec. 166b-3 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-3. Authorization to fix basic rate of compensation for certain positions -STATUTE- On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to chapter 51 and subchapter III of chapter 53 of title 5, to fix the compensation of four positions under the appropriation 'Salaries, Office of the Architect of the Capitol', of two positions under the appropriation 'Capitol Buildings', and of one position under the appropriation 'House Office Buildings' at a basic rate of $8,200 per annum each: Provided, That this provision shall not be applicable to the positions of Architect or Assistant Architect. On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to chapter 51 and subchapter III of chapter 53 of title 5, to fix the compensation of one position under the appropriation 'Senate Office Buildings', at a basic rate of $8,200 per annum. -SOURCE- (Pub. L. 86-176, Aug. 21, 1959, 73 Stat. 407; Pub. L. 89-309, ch. VII, Oct. 31, 1965, 79 Stat. 1147; Pub. L. 90-206, title II, Sec. 214(p), Dec. 16, 1967, 81 Stat. 638; Pub. L. 90-239, ch. IV, Jan. 2, 1968, 81 Stat. 775; Pub. L. 94-157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 835; Pub. L. 101-163, title I, Sec. 106(c), Nov. 21, 1989, 103 Stat. 1056.) -COD- CODIFICATION 'Chapter 51 and subchapter III of chapter 53 of title 5' substituted for 'the Classification Act of 1949, as amended' in text on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1989 - Pub. L. 101-163 substituted 'four positions' for 'three positions' and 'Architect or Assistant Architect' for 'Architect, Assistant Architect, or Second Assistant Architect of the Capitol'. 1975 - Pub. L. 94-157 increased to two positions from one position the number of positions under the appropriation 'Capitol Buildings'. 1968 - Pub. L. 90-239 increased the compensation of one position under appropriation 'Senate Office Buildings' from '$7,700' to '$8,200'. 1967 - Pub. L. 90-206 increased the compensation from $7,700 to $8,200 per annum each of the three positions under the appropriation 'Salaries, Office of the Architect of the Capitol', of one position under the appropriation 'Capitol Buildings', and of one position under the appropriation 'House Office Buildings'. 1965 - Pub. L. 89-309 increased the compensation of one position under appropriation 'Senate Office Buildings' from $7,020 to $7,700. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective as of beginning of first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) of Pub. L. 90-206, set out as a note under section 5332 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 166b-3a of this title; title 5 section 5307. ------DocID 43962 Document 208 of 816------ -CITE- 40 USC Sec. 166b-3a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-3a. Compensation of certain positions in Office of Architect of Capitol -STATUTE- (a) Amount of compensation to be that specified in appropriations Acts Notwithstanding any other provision of law, the pay for positions described in subsection (b) of this section shall be the amounts specified for such positions in appropriations Acts. (b) Positions covered The positions referred to in subsection (a) of this section are - (1) the position of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings 'Office of the Architect of the Capitol' and 'salaries' in the first section of the Legislative Branch Appropriation Act, 1971 (40 U.S.C. 164a), and (2) the eight positions provided for in the third and fourth undesignated paragraphs under the center subheadings 'Office of the Architect of the Capitol' and 'salaries' in the first section of the Legislative Branch Appropriation Act, 1960 (40 U.S.C. 166b-3). (c) Calculation of amounts The pay for each position described in subsection (b) of this section shall be the pay payable for such position with respect to the last pay period before this section takes effect, subject to any applicable adjustment during fiscal year 1988 under, or by reference to any applicable adjustment during fiscal year 1988 under, subchapter I of chapter 53 of title 5. (d) Effective date This section shall apply in fiscal years beginning after September 30, 1987, with respect to pay periods beginning after December 22, 1987. -SOURCE- (Pub. L. 100-202, Sec. 101(i) (title III, Sec. 308), Dec. 22, 1987, 101 Stat. 1329-290, 1329-309; Pub. L. 101-163, title I, Sec. 106(e), Nov. 21, 1989, 103 Stat. 1057.) -MISC1- AMENDMENTS 1989 - Subsec. (b). Pub. L. 101-163 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'The positions referred to in subsection (a) of this section are: (1) the two positions of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings 'Office of the Architect of the Capitol' and 'Salaries' in the Legislative Branch Appropriation Act, 1971 (40 U.S.C. 164a), and (2) the seven positions provided for in the third and fourth undesignated paragraphs under the center subheadings 'Office of the Architect of the Capitol' and 'Salaries' in the Legislative Branch Appropriation Act, 1960 (40 U.S.C. 166b-3).' FISCAL YEAR ADJUSTMENTS IN PAY Section 307 of Pub. L. 101-163 provided that: 'The pay for the positions described in section 308(b) of the Legislative Branch Appropriations Act, 1988, as contained in section 101(i) of Public Law 100-202 (40 U.S.C. 166b-3a(b)) - '(1) shall be subject to any applicable adjustment during fiscal year 1990 under, or by reference to any applicable adjustment during fiscal year 1990 under, subchapter I of chapter 53 of title 5, United States Code; and '(2) with respect to the position of Assistant Architect of the Capitol, shall be subject to any recommendation of the President that, pursuant to section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351 et seq.), takes effect during fiscal year 1990.' Similar provisions were contained in the following prior appropriations act: Pub. L. 100-458, title III, Sec. 308, Oct. 1, 1988, 102 Stat. 2183. ------DocID 43963 Document 209 of 816------ -CITE- 40 USC Sec. 166b-3b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-3b. Compensation of certain positions under jurisdiction of Architect of Capitol -STATUTE- (a) Effective as of the first day of the first applicable pay period beginning on or after November 5, 1990, the compensation of the Director of Engineering (under the Architect of the Capitol) shall be equal to the rate of basic pay payable for level V of the Executive Schedule. (b)(1) Effective beginning with any pay period beginning on or after November 5, 1990, the Architect of the Capitol may fix the rate of basic pay - (A) for not more than one of the positions under paragraph (2) at a rate not to exceed the rate payable for grade GS-18 of the General Schedule; and (B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for such position, not to exceed the rate payable for step 2 of grade GS-17 of the General Schedule. (2) Authority under paragraph (1) may be exercised with respect to any of the following positions under the jurisdiction of the Architect of the Capitol: (A) The Senior Landscape Architect. (B) The Administrative Assistant. (C) The Executive Officer. (D) The Budget Officer. (E) The General Counsel. (F) The Superintendent of the Senate Office Buildings. (G) The Superintendent of the House Office Buildings. (H) The Supervising Engineer of the United States Capitol. -SOURCE- (Pub. L. 101-520, title I, Sec. 108, Nov. 5, 1990, 104 Stat. 2268.) -REFTEXT- REFERENCES IN TEXT Level V of the Executive Schedule, referred to in subsec. (a), is set out in section 5316 of Title 5, Government Organization and Employees. -MISC2- REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 43964 Document 210 of 816------ -CITE- 40 USC Sec. 166b-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-4. Gratuities for survivors of deceased employees under jurisdiction of Architect of Capitol -STATUTE- Until otherwise provided by law, there is authorized to be paid out of the contingent fund of the House of Representatives, on vouchers signed by the chairman of the Committee on House Administration, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee under the jurisdiction of the Architect of the Capitol who was assigned to duty in the House of Representatives at the time of his death. The payment of each such gratuity shall be in accordance with uniform rules and regulations adopted by the Committee on House Administration except that no such gratuity shall be in excess of that payable to the widow, widower, or heirs-at-law of any deceased employee under the jurisdiction of the Architect of the Capitol having a comparable length of service, who was assigned to similar duties in the Senate at the time of his death. -SOURCE- (Pub. L. 88-454, Sec. 103, Aug. 20, 1964, 78 Stat. 550.) -COD- CODIFICATION Section is based on House Resolution No. 291, June 18, 1963, which was enacted into permanent law by Pub. L. 88-454. ------DocID 43965 Document 211 of 816------ -CITE- 40 USC Sec. 166b-5 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-5. Withholding and remittance of State income tax by Architect of Capitol -STATUTE- (a) Agreement by Architect with appropriate State official; covered individuals Whenever - (1) the law of any State provides for the collection of an income tax by imposing upon employers generally the duty of withholding sums from the compensation of employees and remitting such sums to the authorities of such State; and (2) such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State; then the Architect of the Capitol is authorized, in accordance with the provisions of this section, to enter into an agreement with the appropriate official of that State to provide for the withholding and remittance of sums for individuals - (A) employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant; and (B) who request the Architect to make such withholdings for remittance to that State. (b) Number of remittances authorized Any agreement entered into under subsection (a) of this section shall not require the Architect to remit such sums more often than once each calendar quarter. (c) Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations (1) An individual employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant may request the Architect to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers. (2) An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first pay period commencing on or after the day on which the request is received in the Office of the Architect, the Botanic Garden Office, or the Senate Restaurant Accounting Office except that - (A) when the Architect first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Architect may determine; and (B) when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment. (3) An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted in accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated or revocation is effective on the first day of the first pay period commencing on or after the day on which the request for change or the revocation is received in the appropriate office. (4) The Architect is authorized to issue rules and regulations he considers appropriate in carrying out this subsection. (d) Time or times of agreements by Architect The Architect may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate. (e) Provisions as not imposing duty, burden, requirement or penalty upon United States or any officer or employee of United States This section imposes no duty, burden, or requirement upon the United States, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. (f) 'State' defined For the purposes of this section, 'State' means any of the States of the United States. -SOURCE- (Pub. L. 94-59, title V, Sec. 501, July 25, 1975, 89 Stat. 290.) -CROSS- CROSS REFERENCES Withholding State income taxes - Generally, see section 5517 of Title 5, Government Organization and Employees. Clerk and Sergeant at Arms of the House of Representatives, see section 60e-1a of Title 2, The Congress. Secretary of the Senate, see section 60c-3 of Title 2. ------DocID 43966 Document 212 of 816------ -CITE- 40 USC Sec. 166b-6 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-6. Assignment and reassignment of personnel by Architect of Capitol for personal services -STATUTE- Notwithstanding any other provisions of law, in order to improve the economic use of the personal services of his employees, the Architect of the Capitol is authorized on and after October 12, 1979, to assign and reassign, without increase or decrease in basic salary or wages, any person on the employment rolls of his Office, for personal services in any buildings, facilities or grounds under his jurisdiction or for personal services in connection with any project under his jurisdiction for which appropriations have been made and are available, whenever such action, in his opinion, will be most advantageous to the interest of or result in either specific or overall savings to the Government. Exceptions may be made where there are differences in equipment. No assignment or reassignment of personnel by the Architect of the Capitol pursuant to this provision shall operate in any respect to augment or decrease any general or specific appropriation. -SOURCE- (Pub. L. 96-86, Sec. 101(c), Oct. 12, 1979, 93 Stat. 657; Pub. L. 100-202, Sec. 106, Oct. 22, 1987, 101 Stat. 1329-433.) -COD- CODIFICATION Section is based on section 102 of title I of H.R. 4390 (Legislative Branch Appropriation Act, 1980), as incorporated by reference by section 101(c) of Pub. L. 96-86, and enacted into law by section 106 of Pub. L. 100-202. -MISC3- EFFECTIVE DATE Section 106 of Pub. L. 100-202 provided in part that this section is effective on date of enactment (Oct. 12, 1979) of the 'pertinent joint resolution' making continuing appropriations for fiscal year 1980 (Pub. L. 96-86). PILOT PROGRAM TO DETERMINE ECONOMIC FEASIBILITY OF CENTRALIZING CERTAIN MAINTENANCE FUNCTIONS AND ASSIGNING OR REASSIGNING PERSONS ON EMPLOYMENT ROLLS Pub. L. 101-163, title I, Sec. 104, Nov. 21, 1989, 103 Stat. 1056, provided that: 'Notwithstanding any other provisions of law, the Architect of the Capitol is hereby authorized to (1) develop a pilot program to determine the economic feasibility and efficiency of centralizing certain maintenance functions, to assign and reassign, without increase or decrease in basic salary or wages, any person on the employment rolls of the Office of the Architect of the Capitol, for personal services in any buildings, facilities, or grounds under his jurisdiction for which appropriations have been made and are available; (2) maintain appropriate cost and productivity records for the program; and (3) report to appropriate authorities, including the Committees on Appropriations, on the results of the program, together with recommendations for continuation or expansion of the program.' Similar provisions were contained in the following prior appropriation acts: Pub. L. 100-458, title I, Sec. 104, Oct. 1, 1988, 102 Stat. 2171. Pub. L. 100-202, Sec. 101(i) (title I, Sec. 103), Dec. 22, 1987, 101 Stat. 1329-290, 1329-302. ------DocID 43967 Document 213 of 816------ -CITE- 40 USC Sec. 166c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166c. Acquisition of surplus supplies, materials, etc.; priority -STATUTE- On and after July 1, 1946, the Architect of the Capitol in expending appropriations under his control may acquire supplies, materials, equipment, furniture, and other items from Government agencies, disposing of such property under The Surplus Property Act of 1944, as amended, and shall be accorded the same priority as granted other Government agencies under that Act. -SOURCE- (July 1, 1946, ch. 530, 60 Stat. 401.) -REFTEXT- REFERENCES IN TEXT The Surplus Property Act of 1944 and 'that Act', referred to in text, are act Oct. 3, 1944, ch. 479, 58 Stat. 765, as amended, which was classified principally to sections 1611 to 1646 of Title 50, Appendix, War and National Defense, and was repealed effective July 1, 1949, with the exception of sections 1622, 1631, 1637, and 1641 of Title 50, Appendix, by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 is still set out in part in Title 50, Appendix. Section 1631 was repealed by act June 7, 1938, ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50, War and National Defense. Section 1637 was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (Sec. 2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are covered by chapter 10 (Sec. 471 et seq.) of this title. -COD- CODIFICATION Section is from act July 1, 1946, popularly known as the Legislative Branch Appropriation Act, 1947. -CROSS- CROSS REFERENCES Federal Property and Administrative Services Act of 1949, exemption of Architect of Capitol from provisions of, see section 474 of this title. ------DocID 43968 Document 214 of 816------ -CITE- 40 USC Sec. 166d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166d. Rental or lease of storage space -STATUTE- Notwithstanding any other provision of law, the Architect of the Capitol, with the approval of the House Office Building Commission and Senate Committee on Rules and Administration, is authorized to secure, through rental, lease, or other appropriate agreement, storage space in areas within the District of Columbia and its environs beyond the boundaries of the United States Capitol Grounds for use of the United States Senate, the United States House of Representatives, and the Office of the Architect of the Capitol, under such terms and conditions as such Commission and committee may authorize, and to incur any necessary incidental expenses in connection therewith. -SOURCE- (Pub. L. 93-180, Sec. 1, Dec. 13, 1973, 87 Stat. 704.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 166e of this title. ------DocID 43969 Document 215 of 816------ -CITE- 40 USC Sec. 166e -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166e. Funds out of Contingent Expenses, Architect of Capitol -STATUTE- Any expenditures required to implement the provisions of section 166d of this title shall be paid from the appropriation 'Contingent Expenses, Architect of the Capitol' and any funds appropriated under this head shall hereafter be available for such purpose. -SOURCE- (Pub. L. 93-180, Sec. 2, Dec. 13, 1973, 87 Stat. 705.) ------DocID 43970 Document 216 of 816------ -CITE- 40 USC Sec. 166f -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166f. Funds out of Capitol Buildings, Architect of Capitol -STATUTE- On and after October 18, 1986, the Architect of the Capitol may incur expenses authorized by section 166d of this title to be paid from the appropriation 'Capitol Buildings, Architect of the Capitol'. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425.) -COD- CODIFICATION Section is based on the words 'to hereafter incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704)' appearing under heading 'Architect of the Capitol' and subheading 'Capitol Buildings' contained in H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), as incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. ------DocID 43971 Document 217 of 816------ -CITE- 40 USC Sec. 167 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 167. Lighting, heating, and ventilating House of Representatives -STATUTE- The electrician, together with everything pertaining to the electrical machinery and apparatus, and the ventilation and heating of the House of Representatives, and all laborers and others connected with the lighting, heating, and ventilating thereof, shall be subject exclusively to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. And all engineers and others who are engaged in heating and ventilating the House shall be subject to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. -SOURCE- (Mar. 3, 1877, ch. 105, 19 Stat. 348; Mar. 3, 1881, ch. 130, Sec. 1, 21 Stat. 388.) -COD- CODIFICATION Section, except the words 'and the ventilating and heating of the House of Representatives,' is based on act Mar. 3, 1881, popularly known as the 'Legislative, Executive, and Judicial Appropriation Act'. The excepted words were based on act Mar. 3, 1877, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1878'. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -CROSS- CROSS REFERENCES Vacancies occurring in force operating Capitol power plant and substations to be filled by Architect of the Capitol with approval of commission in charge of House Office Building, see section 185 of this title. ------DocID 43972 Document 218 of 816------ -CITE- 40 USC Sec. 167a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 167a. Repealed. Pub. L. 90-417, July 23, 1968, 82 Stat. 407 -MISC1- Section, act July 9, 1952, ch. 598, title I, 66 Stat. 473, provided that after June 30, 1952, the Architect of the Capitol shall maintain service for House of Representatives after daily adjournment. EFFECTIVE DATE OF REPEAL Pub. L. 90-417 provided that after June 30, 1968, provisions of section 167a shall no longer be applicable. ------DocID 43973 Document 219 of 816------ -CITE- 40 USC Sec. 168 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 168. Heating and ventilating Senate wing -STATUTE- All engineers and others who are engaged in heating and ventilating the Senate wing of the Capitol shall be subject to the orders and in all respects under the direction of the Architect of the Capitol, subject to the approval of the Senate Committee on Rules and Administration. -SOURCE- (July 11, 1888, ch. 615, 25 Stat. 258; Aug. 2, 1946, ch. 753, title I, Sec. 102, title II, Sec. 224, 60 Stat. 814, 838.) -COD- CODIFICATION Section is based on act July 11, 1888, popularly known as the 'Legislative, Executive, and Judicial Appropriation Act July 11, 1888, fiscal year 1889'. -MISC3- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on Rules and Administration' for 'Committee on Rules'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall 'take effect on the day on which the Eightieth Congress convenes'. The Eightieth Congress convened on Jan. 3, 1947. -CROSS- CROSS REFERENCES Vacancies occurring in force operating Capitol power plant and substations to be filled by Architect of the Capitol with approval of commission in charge of House Office Building, see section 185 of this title. ------DocID 43974 Document 220 of 816------ -CITE- 40 USC Sec. 168a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 168a. Repealed. Oct. 31, 1951, ch. 654, Sec. 3(16), 65 Stat. 708 -MISC1- Section, act June 6, 1900, ch. 791, 31 Stat. 612, provided that fuel be delivered to the two wings of the Capitol only during hours and under regulations as Architect of the Capitol prescribes. ------DocID 43975 Document 221 of 816------ -CITE- 40 USC Sec. 169 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 169. Furniture for House of Representatives -STATUTE- The Architect of the Capitol shall supervise and direct the care and repair of all furniture in the Hall, cloakrooms, lobby, committee rooms, and offices of the House, and all furniture required for the House of Representatives or for any of its committee rooms or offices shall be procured on designs and specifications made or approved by the said Architect. -SOURCE- (Apr. 28, 1902, ch. 594, 32 Stat. 125.) -COD- CODIFICATION Section is based on act Apr. 28, 1902, popularly known as the 'Legislative, Executive, and Judicial Appropriation Act, fiscal year 1903'. -CHANGE- CHANGE OF NAME Change of name of the Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. ------DocID 43976 Document 222 of 816------ -CITE- 40 USC Sec. 170 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 170. Purchase of furniture or carpets for House or Senate -STATUTE- No furniture or carpets for either House shall be purchased without the written order of the chairman of the Committee on Rules and Administration, for the Senate, or without the written order of the chairman of the Committee on House Administration for the House. -SOURCE- (R.S. Sec. 1816; Aug. 2, 1946, ch. 753, title I, Sec. 102, 121, title II, Sec. 224, 60 Stat. 814, 822, 838.) -COD- CODIFICATION R.S. Sec. 1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat. 617; acts Mar. 30, 1867, ch. 24, Sec. 2, 15 Stat. 13; July 20, 1868, ch. 177, Sec. 1, 15 Stat. 115; Mar. 3, 1869, ch. 121, Sec. 1, 15 Stat. 283, 284; Mar. 3, 1871, ch. 114, Sec. 1, 16 Stat. 500; Aug. 15, 1876, ch. 287, 19 Stat. 147. -MISC3- AMENDMENTS 1946 - Act Aug. 2, 1946, Sec. 102, 224, substituted 'Committee on Rules and Administration' for 'Committee to Audit and Control the Contingent Expenses of the Senate'; and section 121 of that act and section 224 thereof, substituted 'Committee on House Administration' for 'Committee on Accounts of the House of Representatives'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that sections 102 and 121 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall 'take effect on the day on which the Eightieth Congress convenes'. The Eightieth Congress convened on Jan. 3, 1947. ------DocID 43977 Document 223 of 816------ -CITE- 40 USC Sec. 170a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 170a. Transferred -COD- CODIFICATION Section, Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, which related to disposition of receipts from sale of used or surplus furniture and furnishings of Senate, was transferred to section 117b-1 of Title 2, The Congress. ------DocID 43978 Document 224 of 816------ -CITE- 40 USC Sec. 171 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 171. Transfer of discontinued apparatus to other branches -STATUTE- The Architect of the Capitol may transfer apparatus, appliances, equipments, and supplies of any kind, discontinued or permanently out of service, to other branches of the service of the United States, or District of Columbia, whenever, in his judgment the interests of the Government service may require it. -SOURCE- (June 26, 1912, ch. 182, Sec. 11, 37 Stat. 184; Mar. 3, 1921, ch. 124, 41 Stat. 1291; May 29, 1928, ch. 901, Sec. 1(120), 45 Stat. 995; Oct. 31, 1951, ch. 654, Sec. 3(17), 65 Stat. 708.) -COD- CODIFICATION Section is based on act June 26, 1912, popularly known as the 'District of Columbia Appropriation Act June 26, 1912, fiscal year 1913'. -MISC3- AMENDMENTS 1951 - Act Oct. 31, 1951, struck out 'with the approval of the Secretary of the Interior,' after 'whenever,'. 1928 - Act May 29, 1928, struck out provision that required a transfer statement to be submitted in the annual report to Congress by the Superintendent of the Capitol Building and Grounds. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -MISC4- SIMILAR PROVISIONS Act Mar. 2, 1911, ch. 192, Sec. 9, 36 Stat. 1011. -CROSS- CROSS REFERENCES Federal Property and Administrative Services of 1949, exemption of Architect of Capitol from provisions of, see section 474 of this title. ------DocID 43979 Document 225 of 816------ -CITE- 40 USC Sec. 172 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 172. Repealed. Oct. 31, 1951, ch. 654, Sec. 3(18), 65 Stat. 709 -MISC1- Section, act July 16, 1914, ch. 141, 38 Stat. 458, related to custodianship of the building or buildings on reservation numbered 13 in the District of Columbia selected for the purpose of storing unused documents and materials removed from the Capitol Building and Senate and House Office Buildings, and Patent Office models removed from the Senate and House Office Buildings. ------DocID 43980 Document 226 of 816------ -CITE- 40 USC Sec. 173 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 173. Estimates for improvements in grounds -STATUTE- All changes and improvements in the Capitol grounds, including approaches to the Capitol, shall be estimated for in detail, showing what modifications are proposed and the estimate cost of the same. -SOURCE- (Mar. 3, 1883, ch. 143, 22 Stat. 621.) -COD- CODIFICATION Section is based on act Mar. 3, 1883, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1884'. -MISC3- SIMILAR PROVISIONS Enlargement of the Capitol grounds by the acquisition of certain squares in the city of Washington, provided by the following Sundry Civil Appropriation Acts for the fiscal years 1911, 1912, 1913, and 1914. June 23, 1913, ch. 3, 38 Stat. 44. Aug. 24, 1912, ch. 355, 37 Stat. 454. Mar. 4, 1911, ch. 285, 36 Stat. 1414. June 25, 1910, ch. 384, 36 Stat. 738. -CROSS- CROSS REFERENCES Change in architectural or landscape features of Capitol or grounds without approval of Congress, see section 162 of this title. ------DocID 43981 Document 227 of 816------ -CITE- 40 USC Sec. 174, 174a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174, 174a. Omitted -COD- CODIFICATION Section 174, acts Aug. 26, 1912, ch. 408, 37 Stat. 605; Mar. 3, 1921, ch. 124, 41 Stat. 1291; May 29, 1928, ch. 901, Sec. 1(85), 45 Stat. 992, which related to control, supervision, and care of buildings and grounds, was superseded by act Mar. 4, 1929, ch. 708, 45 Stat. 1694, and act July 31, 1946, ch. 707, Sec. 1, 60 Stat. 718. See sections 193a to 193m, 212a and 212b of this title. Section 174a, act May 17, 1938, ch. 236, 52 Stat. 391, related to control and supervision of the Senate Office Building. See section 174c of this title. Similar provisions were contained in the following prior appropriation acts: May 18, 1937, ch. 223, 50 Stat. 180. July 8, 1935, ch. 374, 49 Stat. 470. May 30, 1934, ch. 372, 48 Stat. 827. Feb. 28, 1933, ch. 134, 47 Stat. 1361. June 30, 1932, ch. 314, 47 Stat. 392. Feb. 20, 1931, ch. 234, 46 Stat. 1184. June 6, 1930, ch. 407, 46 Stat. 514. ------DocID 43982 Document 228 of 816------ -CITE- 40 USC Sec. 174b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174b. Senate Office Building; approval of structural changes by Architect of Capitol -STATUTE- Structural changes in the Senate Office Building shall only be made with the approval of the Architect of the Capitol. -SOURCE- (July 1, 1941, ch. 268, 55 Stat. 458.) -COD- CODIFICATION The following language preceded the text of this section in act July 1, 1941: 'The care and operation of the Senate Office Building under the direction and supervision of the Senate Committee on Rules.' Section is based on act July 1, 1941, popularly known as the 'Legislative Branch Appropriation Act, 1942'. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior acts: June 18, 1940, ch. 396, 54 Stat. 473. June 16, 1939, ch. 208, 53 Stat. 832. IMPROVEMENT OF ACCOMMODATIONS; APPROPRIATION Pub. L. 85-95, July 10, 1957, 71 Stat. 289, provided: 'That the Architect of the Capitol, under the direction of the Senate Office Building Commission, created by the Sundry Civil Appropriation Act of April 28, 1904 (33 Stat. 481), as amended, is authorized and directed to enlarge and remodel Senators' suites and to make structural, mechanical, and other changes and improvements in the existing Senate Office Building, to provide improved accommodations for the United States Senate, in accordance with plans to be prepared by or under direction of the Architect of the Capitol and to be submitted to and approved by the Senate Office Building Commission. 'Sec. 2. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, and the Architect of the Capitol, under the direction of the Senate Office Building Commission, is authorized to enter into contracts and to make such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of this Act.' -CROSS- CROSS REFERENCES Senate Office Building, control, care, and supervision, see section 174c of this title. ------DocID 43983 Document 229 of 816------ -CITE- 40 USC Sec. 174b-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174b-1. Additional Senate office building -STATUTE- Upon completion of the additional office building for the United States Senate, the building and the grounds and sidewalks surrounding the same shall be subject to the provisions of sections 174(c), 174(d), 174c, 174d, 193a to 193m, 212a, 212a-2, and 212b of this title, in the same manner and to the same extent as the present Senate Office Building and the grounds and sidewalks surrounding the same. -SOURCE- (June 25, 1948, ch. 658, title I, 62 Stat. 1029.) -REFTEXT- REFERENCES IN TEXT Sections 174(c) and 174(d) of this title, referred to in text, have been omitted from the Code. -MISC2- AUTHORIZATION OF ARCHITECT OF CAPITOL TO LEASE CITY POST OFFICE BUILDING FOR USE BY SENATE AND FOR OTHER PURPOSES Pub. L. 101-520, title I, Sec. 107, Nov. 5, 1990, 104 Stat. 2267, provided that: '(a) Notwithstanding any other provision of law, the Architect of the Capitol, subject to the approval of the Committee on Rules and Administration, is authorized to lease, for use by the United States Senate, and for such other purposes as such committee may approve, 150,000 square feet of space, more or less, in the property located at 2 Massachusetts Avenue, N.E., Washington, District of Columbia, known as the City Post Office Building: Provided, That rental payments shall be paid from the account 'Architect of the Capitol, Senate Office Buildings' upon vouchers approved by the Architect of the Capitol: Provided further, That nothing in this section shall be construed so as to obligate the Senate or any of its Members, officers, or employees to enter into any such lease or to imply any obligation to enter into any such lease. '(b) Notwithstanding any other provision of law, property leased under authority of subsection (a) shall be maintained by the Architect of the Capitol as part of the 'Senate Office Buildings' subject to the laws, rules, and regulations governing such buildings, and the Architect is authorized to incur such expenses as may be necessary to provide for such occupancy. '(c) There is hereby authorized to be appropriated to the 'Architect of the Capitol, Senate Office Buildings' such sums as may be necessary to carry out the provisions of subsections (a) and (b). '(d) There is authorized to be appropriated to the Sergeant at Arms of the United States Senate such sums as may be necessary to provide for the planning and relocation of offices and equipment to the property described in subsection (a), subject to direction by the Committee on Rules and Administration. '(e) The authority under this section shall continue until otherwise provided by law.' NORTH CAPITOL PLAZA BUILDING; CONTINUATION OF AUTHORITY FOR LEASE AND SUBLEASE OF PROPERTY; LEASED PROPERTY AS PART OF SENATE OFFICE BUILDINGS; RENT LIMITATIONS; NECESSITY OF SENATE RESOLUTION; TERM OF LEASE; PURCHASE OPTION Pub. L. 94-157, title I, Sec. 112, Dec. 18, 1975, 89 Stat. 832, provided that: '(a) Notwithstanding any other provision of law, the Sergeant at Arms of the Senate, subject to the approval of the Committee on Rules and Administration, and the Committee on Appropriations, is authorized to lease, for use by the United States Senate, and for such other purposes as such committees may approve, all or any part of the property located at 400 North Capitol Street, Washington, District of Columbia, known as the 'North Capitol Plaza Building': Provided, That rental payments under such lease for the entire property shall not exceed $3,375,000 per annum, exclusive of amounts for reimbursement for taxes paid and utilities furnished by the lessor: Provided further, That a lease shall not become effective until approved by Senate Resolution. Prior to such approval process the General Accounting Office shall examine the terms of the proposed lease and shall report to the Senate on its reasonableness, taking into account such factors as rental rates for similar space, advantages of proximity, and possible alternative arrangements. Such payments shall be paid from the Contingent Fund of the Senate upon vouchers approved by the Sergeant at Arms: Provided further, That such lease may be for a term not in excess of five years, and shall contain an option to purchase such property, and shall include such other terms and conditions as such committees may determine to be in the best interests of the Government: Provided further, That nothing in this section shall be construed so as to obligate the Senate or any of its Members, officers, or employees to enter into any such lease or to imply any obligation to enter into any such lease. '(b) Notwithstanding any other provision of law, property leased under authority of subsection (a) shall be maintained by the Architect of the Capitol as part of the 'Senate Office Buildings' subject to the laws, rules, and regulations governing such buildings, and the Architect is authorized to incur such expenses as may be necessary to provide for such occupancy. '(c) Notwithstanding any other provision of law, the Sergeant at Arms of the Senate, subject to the approval of the Committee on Rules and Administration and the Committee on Appropriations, is authorized to sublease any part of the property leased under authority of subsection (a) which is in excess of the requirements of the Senate. All rental payments under any such sublease shall be paid to the Sergeant at Arms of the Senate and such amounts shall thereupon be added to and merged with the appropriation 'Miscellaneous Items' under the Contingent Fund of the Senate. '(d) Notwithstanding any other provision of law, upon the approval of the Committee on Rules and Administration and the Committee on Appropriations, the Secretary of the Senate shall transfer by voucher or vouchers to the Architect of the Capitol from the 'Contingent Fund of the Senate' such amounts as may be necessary for the Architect of the Capitol to carry out the provisions of subsection (b) and such amounts shall thereupon be added to and merged with the appropriation 'Senate Office Buildings'. '(e) The authority under this section shall continue until otherwise provided by law.' CONSTRUCTION OF EXTENSION TO NEW SENATE OFFICE BUILDING Pub. L. 96-69, title V, Sec. 502, Sept. 25, 1979, 93 Stat. 450, appropriated additional funds of $52,583,400 toward finishing construction of an extension to the New Senate Office Building, to remain available until expended, set the figure $137,730,400 as the ceiling on the total cost for construction of the building, and further provided that the building and office space therein upon completion meet all needs for personnel presently supplied by the Carrol Arms, the Senate Courts, the Plaza Hotel, and the Capitol Hill Apartments and that those buildings be vacated. Pub. L. 93-245, ch. VI, Jan. 3, 1974, 87 Stat. 1079, appropriated funds for the construction of an extension of the Senate subway transportation system, construction of additional floor levels on the rear center wing of the Dirksen Office Building, changes to the Dirksen and Russell Office Buildings to provide improved means of circulation to, in, and through those buildings and the extension, and other changes required to properly correlate use of the three buildings. Pub. L. 92-607, ch. V, Sec. 508, Oct. 31, 1972, 86 Stat. 1510, appropriated funds for the construction and equipment of an extension to the New Senate Office Building and for structural and other changes in the existing New Senate Office Building necessitated by such construction. DEVELOPMENT OF PLANS FOR GARAGE AND RELATED FACILITIES FOR SENATE Pub. L. 92-607, ch. V, Sec. 508, Oct. 31, 1972, 86 Stat. 1512, authorized the Architect of the Capitol to conduct a study of design and cost alternatives for construction of a parking garage and to establish an architectural design competition for design of the garage structure. ACQUISITION OF PROPERTY AS SITE FOR PARKING FACILITIES FOR SENATE Pub. L. 92-607, ch. V, Sec. 508, Oct. 31, 1972, 86 Stat. 1510, as amended by Pub. L. 93-305, title I, ch. VIII, Sec. 801, June 8, 1974, 88 Stat. 206, authorized the Architect of the Capitol to acquire certain real property as a site for parking facilities for the Senate, with such property to become a part of the United States Capitol Grounds upon acquisition. ACQUISITION OF PROPERTY TO EXTEND ADDITIONAL SENATE OFFICE BUILDING SITE Pub. L. 85-429, May 29, 1958, 72 Stat. 148; Pub. L. 85-591, Aug. 6, 1958, 72 Stat. 495; Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 352; Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 819; Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 637, authorized the Architect of the Capitol to acquire certain real property for purposes of extension of Additional Senate Office Building Site or for Additions to United States Capitol Grounds. ADDITIONAL SENATE OFFICE BUILDING Act Aug. 1, 1953, ch. 304, title I, 67 Stat. 328, authorized certain appropriations made available for expenditure for the preparation of additional preliminary plans and cost estimates for an additional Senate Office Building, such expenditure to be made by the Architect of the Capitol under the supervision of the Senate Office Building Commission, whose membership was increased by act Aug. 1, 1953 from five to seven members. Act July 11, 1947, ch. 220, 61 Stat. 307, increased the membership of the Senate Office Building Commission from three to five members and provided that the Architect of the Capitol, under the supervision of the Commission, was to prepare preliminary plans and cost estimates for an additional Senate Office Building and authorized certain appropriations therefore. FURNITURE AND FURNISHINGS Pub. L. 85-93, July 10, 1957, 71 Stat. 284, authorized and directed the Architect of the Capitol to provide furniture and furnishings for the additional Senate Office Building, authorized appropriations necessary therefore, and also authorized the Architect of the Capitol to enter into contracts and make such expenditures as are necessary to furnish the building. ------DocID 43984 Document 230 of 816------ -CITE- 40 USC Sec. 174c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174c. Control, care, and supervision of Senate Office Building -STATUTE- On and after June 8, 1942 the Senate Office Building, and the employment of all services (other than for officers and privates of the Capitol Police) necessary for its protection, care, and occupancy, together with all other items that may be appropriated for by the Congress for such purposes, shall be under the control and supervision of the Architect of the Capitol, subject to the approval of the Senate Committee on Rules and Administration as to matters of general policy; and the Architect of the Capitol shall submit annually to the Congress estimates in detail for all services (other than for officers and privates of the Capitol Police) and for all other expenses in connection with said office building and necessary for its protection, care, and occupancy. -SOURCE- (June 8, 1942, ch. 396, 56 Stat. 343; Aug. 2, 1946, ch. 753, title I, Sec. 102, title II, Sec. 224, 60 Stat. 814, 838.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on Rules and Administration' for 'Committee on Rules'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall 'take effect on the day on which the Eightieth Congress convenes'. The Eightieth Congress convened on Jan. 3, 1947. -CROSS- CROSS REFERENCES Additional Senate Office Building, see section 174b-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 174b-1 of this title. ------DocID 43985 Document 231 of 816------ -CITE- 40 USC Sec. 174d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174d. Assignment of space in Senate Office Building -STATUTE- On and after June 8, 1942 the assignment of rooms and other space in the Senate Office Building shall be under the direction and control of the Senate Committee on Rules and Administration and shall not be a part of the duties of the Architect of the Capitol. -SOURCE- (June 8, 1942, ch. 396, 56 Stat. 343; Aug. 2, 1946, ch. 753, title I, Sec. 102, title II, Sec. 224, 60 Stat. 814, 838.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on Rules and Administration' for 'Committee on Rules'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall 'take effect on the day on which the Eightieth Congress convenes'. The Eightieth Congress convened on Jan. 3, 1947. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 174b-1 of this title. ------DocID 43986 Document 232 of 816------ -CITE- 40 USC Sec. 174d-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174d-1. Assignment of space for meetings of joint committees, conference committees, etc. -STATUTE- The President pro tempore of the Senate and the Speaker of the House of Representatives shall cause a survey to be made of available space within the Capitol which could be utilized for joint committee meetings, meetings of conference committees, and other meetings, requiring the attendance of both Senators and Members of the House of Representatives; and shall recommend the reassignment of such space to accommodate such meetings. -SOURCE- (Aug. 2, 1946, ch. 753, title II, Sec. 242, 60 Stat. 839.) -MISC1- EFFECTIVE DATE Section effective Aug. 2, 1946, see section 245 of act Aug. 2, 1946, set out as a note under section 72a of Title 2, The Congress. ------DocID 43987 Document 233 of 816------ -CITE- 40 USC Sec. 174e -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174e. Certification of vouchers by Architect of Capitol -STATUTE- It shall not be a duty of the Architect of the Capitol to certify any pay roll or other voucher covering any expenditure from any appropriation for the Senate Office Building, or for any other building or activity, unless the obligation involved was incurred by him or under his direction. -SOURCE- (June 8, 1942, ch. 396, 56 Stat. 343.) ------DocID 43988 Document 234 of 816------ -CITE- 40 USC Sec. 174f to 174j -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174f to 174j. Omitted -COD- CODIFICATION Sections 174f to 174j were omitted on authority of the Senate Committee on Rules and Administration resolution adopted July 16, 1947, set out as a note below: Section 174f, act Sept. 9, 1942, ch. 558, Sec. 1, 56 Stat. 750, related to management of the Senate Restaurants. Section 174g, act Sept. 9, 1942, ch. 558, Sec. 3, 56 Stat. 751, related to authority of Architect of the Capitol. Section 174h, act Sept. 9, 1942, ch. 558, Sec. 4, 56 Stat. 751, related to special deposit account of Architect of the Capitol. Section 174i, act Sept. 9, 1942, ch. 558, Sec. 5, 56 Stat. 751, related to persons authorized to make deposits in special deposit account. Section 174j, act Sept. 9, 1942, ch. 558, Sec. 6, 56 Stat. 751, related to persons required to furnish surety bonds under the terms of the special deposit account. -MISC3- SENATE COMMITTEE ON RULES AND ADMINISTRATION RESOLUTION ADOPTED JULY 16, 1947 'Whereas the management of the Senate Restaurants and all matters connected therewith was transferred, under the provisions of Public Law 709, Seventy-seventh Congress (these sections), from the jurisdiction of the Senate Committee on Rules to the jurisdiction of the Architect of the Capitol, subject to the approval of such committee as to matters of general policy; and 'Whereas Public Law 709 further provided that management of such restaurant should revert to the jurisdiction of the Committee on Rules upon adoption by the committee of a resolution ordering such reversion; and 'Whereas the functions, powers, and duties of the Committee on Rules under Public Law 709 has devolved upon the Committee on Rules and Administration pursuant to the provisions of subsection (o)(1)(f) of Rule XXV of the Standing Rules of the Senate and of section 224 of the Legislative Reorganization Act of 1946, as amended (amending sections 168, 170, 174c, and 174d of this title); and 'Whereas it is the conclusion of the committee that the management of such Restaurants should revert to the jurisdiction of the Committee: Therefore be it 'Resolved by the Committee on Rules and Administration of the Senate, That, pursuant to the authority contained in the first section of Public Law 709, Seventy-seventh Congress (section 174f of this title), the transfer of the management of the Senate Restaurants and all matters connected therewith from the jurisdiction of the Architect of the Capitol to the jurisdiction of the Committee on Rules and Administration is hereby ordered, effective August 1, 1947. 'Resolved further, That the Architect of the Capitol is hereby requested, pursuant to such order, to transfer on August 1, 1947, to this Committee or to such person or corporation as may be authorized by this Committee to operate the Senate Restaurants all books, records, accounts, supplies, equipment, and other assets of the Senate Restaurants. 'Resolved further, That in the interests of effecting an orderly transfer the Comptroller General is requested to audit the accounts of the Senate Restaurants as of the close of business on July 31, 1947.' See, also, Second Supplemental Appropriation Act, 1948 (act July 31, 1947, ch. 414, Sec. 1, 61 Stat. 696) (amending section 60a of Title 2, The Congress), second paragraph under heading 'Senate'. ------DocID 43989 Document 235 of 816------ -CITE- 40 USC Sec. 174j-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-1. Senate Restaurants; management by Architect of Capitol; approval of matters of general policy; termination -STATUTE- Effective August 1, 1961, the management of the Senate Restaurants and all matters connected therewith, heretofore under the direction of the Senate Committee on Rules and Administration, shall be under the direction of the Architect of the Capitol under such rules and regulations as the Architect may prescribe for the operation and the employment of necessary assistance for the conduct of said restaurants by such business methods as may produce the best results consistent with economical and modern management, subject to the approval of the Senate Committee on Rules and Administration as to matters of general policy: Provided, That the management of the Senate Restaurants by the Architect of the Capitol shall cease and the restaurants revert from the jurisdiction of the Architect of the Capitol to the jurisdiction of the Senate Committee on Rules and Administration upon adoption by that committee of a resolution ordering such transfer of jurisdiction at any time hereafter. -SOURCE- (Pub. L. 87-82, Sec. 1, July 6, 1961, 75 Stat. 199.) -MISC1- DISTRIBUTION OF UNUSED SENATE CAFETERIAS FOOD BY PRIVATE DISTRIBUTION ORGANIZATION Pub. L. 100-458, title I, Sec. 5, Oct. 1, 1988, 102 Stat. 2161, provided that: 'The Committee on Rules and Administration of the Senate may provide for the distribution of unused food from the Senate cafeterias under the jurisdiction of the committee to the needy of the District of Columbia through an appropriate private distribution organization selected by the committee.' Similar provisions were contained in the following prior appropriation act: Pub. L. 100-202, Sec. 144, Dec. 22, 1987, 101 Stat. 1329-443. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-3, 174j-4, 174j-7, 174j-9 of this title; title 5 section 5533. ------DocID 43990 Document 236 of 816------ -CITE- 40 USC Sec. 174j-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-2. Omitted -COD- CODIFICATION Section, Pub. L. 87-82, Sec. 2, July 6, 1961, 75 Stat. 199, related to transfer of accounts, records, supplies, equipment and assets of Senate Restaurants after close of business July 31, 1961 from the Senate Committee on Rules and Administration to Architect of the Capitol. ------DocID 43991 Document 237 of 816------ -CITE- 40 USC Sec. 174j-3 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-3. Authorization and direction to effectuate purposes of sections 174j-1 to 174j-7 of this title -STATUTE- The Architect of the Capitol is authorized and directed to carry into effect for the United States Senate the provisions of sections 174j-1 to 174j-7 of this title and to exercise the authorities contained herein, and any resolution of the Senate amendatory hereof or supplementary hereto hereafter adopted. Such authority and direction shall continue until the United States Senate shall by resolution otherwise order, or until the Senate Committee on Rules and Administration shall by resolution order the restaurants to be returned to the committee's jurisdiction. -SOURCE- (Pub. L. 87-82, Sec. 3, July 6, 1961, 75 Stat. 199.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means Pub. L. 87-82, July 6, 1961, 75 Stat. 199, as amended, which enacted sections 174j-1 to 174j-7 of this title. For complete classification of this Act to the Code, see Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-4, 174j-7, 174j-9 of this title; title 5 section 5533. ------DocID 43992 Document 238 of 816------ -CITE- 40 USC Sec. 174j-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-4. Special deposit account; establishment; appropriations; approval of payments -STATUTE- There is established with the Treasurer of the United States a special deposit account in the name of the Architect of the Capitol for the United States Senate Restaurants, into which shall be deposited all sums received pursuant to sections 174j-1 to 174j-7 of this title or any amendatory or supplementary resolutions hereafter adopted and from the operations thereunder and from which shall be disbursed the sums necessary in connection with the exercise of the duties required under sections 174j-1 to 174j-7 of this title or any amendatory or supplementary resolutions and the operations thereunder. Any amounts appropriated for fiscal year 1973 and thereafter from the Treasury of the United States, which shall be part of a 'Contingent Expenses of the Senate' item for the particular fiscal year involved, shall be paid to the Architect of the Capitol by the Secretary of the Senate at such times and in such sums as the Senate Committee on Rules and Administration may approve. Any such payment shall be deposited by the Architect in full under such special deposit account. -SOURCE- (Pub. L. 87-82, Sec. 4, July 6, 1961, 75 Stat. 199; Pub. L. 92-51, July 9, 1971, 85 Stat. 129; Pub. L. 92-342, Sec. 101, July 10, 1972, 86 Stat. 435.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-342 substituted provision that amounts appropriated for 1973 and thereafter which shall be part of 'Contingent Expenses of the Senate' be paid to the Architect of the Capitol, for provision that amounts appropriated for 1972 and thereafter specifically for Senate Restaurants as 'Contingent Expenses of the Senate' be paid to Architect of the Capitol. 1971 - Pub. L. 92-51 substituted 'amounts appropriated for fiscal year 1972 and thereafter' for Senate Restaurants for 'amounts hereafter appropriated' for such Restaurants, provision that amounts appropriated specifically for such Restaurants as a Contingent Expense of the Senate item for fiscal year involved shall be paid to Architect of the Capitol, for prior provision declaring amounts appropriated for such Restaurants shall be a part of such Restaurants as a Contingent Expense of Senate for fiscal year involved and for payment of such part to Architect of the Capitol, and provision for approval of payments by Senate Committee on Rules and Administration, including times for payments, for prior provision for payments as appropriations shall specify. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-3, 174j-7, 174j-9 of this title; title 5 section 5533. ------DocID 43993 Document 239 of 816------ -CITE- 40 USC Sec. 174j-5 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-5. Deposits and disbursements under special deposit account -STATUTE- Deposits and disbursements under such special deposit account (1) shall be made by the Architect, or, when directed by him, by such employees of the Architect as he may designate, and (2) shall be subject to audit by the General Accounting Office at such times and in such manner as the Comptroller General may direct: Provided, That payments made by or under the direction of the Architect of the Capitol from such special deposit account shall be conclusive upon all officers of the Government. -SOURCE- (Pub. L. 87-82, Sec. 5, July 6, 1961, 75 Stat. 200.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-3, 174j-4, 174j-6, 174j-7, 174j-9 of this title; title 5 section 5533. ------DocID 43994 Document 240 of 816------ -CITE- 40 USC Sec. 174j-6 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-6. Bond of Architect, Assistant Architect, and other employees -STATUTE- The Architect, Assistant Architect, and any employees of the Architect designated by the Architect under section 174j-5 of this title shall each give bond in the sum of $5,000 with such surety as the Secretary of the Treasury may approve for the handling of the financial transactions under such special deposit account. -SOURCE- (Pub. L. 87-82, Sec. 6, July 6, 1961, 75 Stat. 200.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-3, 174j-4, 174j-7, 174j-9 of this title; title 5 section 5533. ------DocID 43995 Document 241 of 816------ -CITE- 40 USC Sec. 174j-7 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-7. Supersedure of prior provisions for maintenance and operation of Senate Restaurants -STATUTE- Sections 174j-1 to 174j-7 of this title shall supersede any other Acts or resolutions heretofore approved for the maintenance and operation of the Senate Restaurants: Provided, however, That any Acts or resolutions now in effect shall again become effective, should the restaurants at any future time revert to the jurisdiction of the Senate Committee on Rules and Administration. -SOURCE- (Pub. L. 87-82, Sec. 7, July 6, 1961, 75 Stat. 200.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-3, 174j-4, 174j-9 of this title; title 5 section 5533. ------DocID 43996 Document 242 of 816------ -CITE- 40 USC Sec. 174j-8 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-8. Management personnel and miscellaneous expenses; availability of appropriations; annual and sick leave -STATUTE- On and after July 9, 1971, appropriations for the 'Senate Office Buildings' shall be available for employment of management personnel of the Senate restaurant facilities and miscellaneous restaurant expenses (except cost of food and cigar stand sales) and, in fixing the compensation of such personnel, the compensation of four positions hereafter to be designated as Director of Food Service, Assistant Director of Food Service, Manager (special functions), and Administrative Officer shall be fixed by the Architect of the Capitol without regard to chapter 51 and subchapter III and IV of chapter 53 of title 5, and shall thereafter be adjusted in accordance with section 5306 of title 5. Annual and sick leave balances of such personnel, as of July 9, 1971, shall be credited to the leave accounts of such personnel, subject to the provisions of section 6304 of title 5, upon their transfer to the appropriation for Senate Office Buildings and such personnel shall continue, while employed by the Architect of the Capitol, to earn leave at rates not less than their present accrual rates. -SOURCE- (Pub. L. 92-51, July 9, 1971, 85 Stat. 138; Pub. L. 94-59, title V, July 25, 1975, 89 Stat. 289; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(5)), Nov. 5, 1990, 104 Stat. 1427, 1440.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-509 substituted '5306' for '5307'. 1975 - Pub. L. 94-59 inserted references to compensation of Director of Food Service, Assistant Director of Food Service, Manager (special functions), and Administrative Officer. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 174j-9 of this title. ------DocID 43997 Document 243 of 816------ -CITE- 40 USC Sec. 174j-9 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-9. Loans for Senate Restaurants -STATUTE- (a) Borrowing authority Subject to the approval of the Senate Committee on Rules and Administration, the Architect of the Capitol shall have authority to borrow (and be accountable for), from time to time, from the appropriation account, within the contingent fund of the Senate, for 'Miscellaneous Items', such amount as he may determine necessary to carry out the provisions of the joint resolution entitled 'Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes', approved July 6, 1961, as amended (40 U.S.C. 174j-1 through 174j-8), (FOOTNOTE 1) and resolutions of the Senate amendatory thereof or supplementary thereto. (FOOTNOTE 1) See References in Text note below. (b) Amount and period of loan; voucher Any such loan authorized pursuant to subsection (a) of this section shall be for such amount and for such period as the Senate Committee on Rules and Administration shall prescribe, and shall be made by the Secretary of the Senate to the Architect of the Capitol upon a voucher approved by the Chairman of the Senate Committee on Rules and Administration. (c) Deposit, credit, and future availability of proceeds from repayment All proceeds from the repayment of any such loan shall be deposited in the appropriation account, within the contingent fund of the Senate, for 'Miscellaneous Items', shall be credited to the fiscal year during which such loan was made, and shall thereafter be available for the same purposes for which the amount loaned was initially appropriated. -SOURCE- (Pub. L. 98-396, title I, Aug. 22, 1984, 98 Stat. 1395.) -REFTEXT- REFERENCES IN TEXT 'Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes', approved July 6, 1961, referred to in subsec. (a), is Pub. L. 87-82, July 6, 1961, 75 Stat. 199, which enacted sections 174j-1 to 174j-7 of this title. Section 174j-2 of this title was omitted from the Code. For complete classification of this Act to the Code, see Tables. ------DocID 43998 Document 244 of 816------ -CITE- 40 USC Sec. 174k -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174k. House of Representatives restaurant, cafeteria, and food services -STATUTE- (a) Management and duties Notwithstanding any other authority with respect to the jurisdiction and control over the management of the House Restaurant and the cafeteria and other food service facilities of the House of Representatives, the jurisdiction over such restaurant and facilities and authority over the direction and supervision of the immediate management and operation thereof shall be vested in the Committee on House Administration; and the immediate management and operation of such restaurant and facilities may be vested in such official or other authority, acting as the agent of the committee, as the committee may designate; and the official or authority so designated shall perform the duties vested in the Architect of the Capitol by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941 (54 Stat. 1056; Public, No. 812, Seventy-sixth Congress). (b) Transfer of accounts, records, supplies, equipment, and assets The Architect of the Capitol is hereby authorized and directed to transfer, as the Committee on House Administration directs, all accounts, records, supplies, equipment, and assets of the House Restaurant and the cafeteria and other food service facilities of the House which are in the possession or under the control of the Architect of the Capitol in order that all such items may be available for the maintenance and operation of the House Restaurant under the authority of, and as directed by, the Committee on House Administration. (c) Special deposit account All authority, responsibility, and functions vested in or imposed upon the Architect of the Capitol in connection with the special deposit account established by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, shall be vested in or imposed upon such other official, authority, or authorities as the Committee on House Administration may designate. (d) Effective date The provisions of this section shall become effective on the first day of the first calendar month beginning after the date of adoption of this resolution, until otherwise provided by law. -SOURCE- (Pub. L. 92-51, July 9, 1971, 85 Stat. 133.) -REFTEXT- REFERENCES IN TEXT Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in subsecs. (a) and (c), is section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was formerly classified to this section and is now set out below in a Prior Provisions note. The first day of the first calendar month beginning after the date of adoption of this resolution, referred to in subsec. (d), is April 1, 1971. -COD- CODIFICATION Section is based on section 2 of House Resolution No. 317, Ninety-second Congress, Mar. 25, 1971, which was enacted into permanent law by Pub. L. 92-51. -MISC3- PRIOR PROVISIONS A prior section 174k, act Oct. 9, 1940, ch. 780, title II, Sec. 208, 54 Stat. 1056, which was classified to this section prior to its supersedure by Pub. L. 92-51, Sec. 101, July 9, 1971, 85 Stat. 133. Section 208 of act Oct. 9, 1940, read as follows: '(a) The Architect of the Capitol is authorized and directed to carry into effect for the House of Representatives, and to exercise the authorities contained in, the Resolution of the House of Representatives numbered 590, adopted September 5, 1940, and any other resolution of such House amendatory thereof or supplementary thereto hereafter adopted. Such authority and direction shall continue until the House of Representatives shall by resolution otherwise order. '(b) There is established with the Treasurer of the United States a special deposit account in the name of the Architect of the Capitol for the House of Representatives Restaurant, into which shall be deposited all sums received pursuant to such resolution or resolutions and from the operations thereunder and from which shall be disbursed the sums necessary in connection with the exercise of the duties required under such resolution or resolutions and the operations thereunder. Any appropriation hereafter made from the Treasury of the United States for such restaurant shall be a part of the appropriation 'Contingent Expenses, House of Representatives, Miscellaneous Items', for the particular fiscal year involved and each such part shall be paid to the Architect of the Capitol by the Clerk of the House of Representatives in such sum as such appropriation or appropriations shall hereafter specify and shall be deposited by such Architect in full in such special deposit account. '(c) Deposits and disbursements under such special deposit account (1) shall be made by the Architect, or, when directed by him, by such employees of the Architect as he may designate, and (2) shall be subject to audit by the General Accounting Office at such times and in such manner as the Comptroller General may direct: Provided, That payments made by or under the direction of the Architect of the Capitol from such special deposit account shall be conclusive upon all officers of the government. '(d) The Architect, Assistant Architect, and any employees of the Architect designated by the Architect under subsection (c) of this section shall each give bond in the sum of $5,000 with such surety as the Secretary of the Treasury may approve for the handling of the financial transactions under such special deposit account.' The Resolution of the House of Representatives numbered 590, adopted September 5, 1940, referred to in subsec. (a) of section 208 set out above, read as follows: 'That effective October 1, 1940, until otherwise ordered by the House, the management of the House Restaurant and all matters connected therewith shall be under the direction of the Architect of the United States Capitol under such rules and regulations as he may prescribe for the operation and the employment of necessary assistance for the conduct of said restaurant by such business methods as may produce the best results consistent with economical and modern management. 'Sec. 2. The Committee on Account after the close of business September 30, 1940, is hereby authorized and directed to transfer to the jurisdiction of the Architect of the United States Capitol all accounts, records, supplies, equipment, and assets of the House Restaurant that may be in the possession or under the control of the said committee in order that all such items may be available to the Architect of the United States Capitol toward maintenance and operation of the House of Representatives Restaurant.' House Resolution 186, agreed to April 24, 1941, authorized the establishment of a branch of the House Restaurant in the New House Office Building. TRANSFER OF FOOD SERVICE OPERATIONS; ELECTION BY CERTAIN AFFECTED EMPLOYEES; DISABILITY AND RETIREMENT BENEFITS; PROMULGATION OF REGULATIONS Pub. L. 99-500, Sec. 111, Oct. 18, 1986, 100 Stat. 1783-348, and Pub. L. 99-591, Sec. 111, Oct. 30, 1986, 100 Stat. 3341-348, provided that: '(a) Any individual who - '(1) on the day before the date on which food services operations for the House of Representatives are transferred by contract to a corporation or other person - '(A) is a congressional employee (as defined in section 2107 of title 5, United States Code), other than an employee of the Architect of the Capitol, engaged in providing such food services under the administrative control of the Architect of the Capitol; and '(B) is subject to subchapter III of chapter 83 of title 5, United States Code, or chapter 84 of such title; '(2) as a result of such contract, ceases to be an employee described in paragraph (1); and '(3) becomes employed to provide such food services under contract, including a successor contract; may, for purposes of the provisions of law specified in subsection (b), elect to be treated, for so long as such individual continues to be employed (without a break in service) as described in paragraph (3), as if such individual had not ceased to be an employee described in paragraph (1). Such election shall be made on or before the day referred to in paragraph (1) and shall be available only to an individual whose transition from the employment described in paragraph (1) to the employment described in paragraph (3) takes place without a break in service. '(b) The provisions of law referred to in subsection (a) are - '(1) subchapter III of chapter 83 of title 5, United States Code (including section 8339(m) of such title (which shall be applied, when an employee retires on an immediate annuity or dies, as if the employment at the time of retirement or death were under a formal leave system), with respect to unused sick leave to the credit of an employee on the day referred to in subsection (a)(1)); '(2) chapter 84 of title 5, United States Code; and '(3) title III of the Federal Employees' Retirement System Act of 1986 (sections 301 to 312 of Pub. L. 99-335, see Tables for classification). '(c)(1) At the earliest practicable opportunity, the Director of the Office of Personnel Management shall, in consultation with the Architect of the Capitol, prescribe regulations to carry out this section with respect to matters within the jurisdiction of the Office, including regulations under which - '(A) an individual who makes an election under subsection (a) shall pay into the Civil Service Retirement and Disability Fund any employee contributions which would be required if such individual were a Congressional employee; and '(B) the employer furnishing food services under a contract referred to in subsection (a) shall pay into the Civil Service Retirement and Disability Fund amounts equal to any agency contributions which would be required if the individual were a Congressional employee. '(2) At the earliest practicable opportunity, the Executive Director of the Federal Retirement Thrift Investment Board shall, in consultation with the Architect of the Capitol, prescribe regulations to carry out this section with respect to matters within the jurisdiction of the Board.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 166b-1f of this title; title 5 section 5533. ------DocID 43999 Document 245 of 816------ -CITE- 40 USC Sec. 175 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 175. House Office Building; control, supervision, and care -STATUTE- The House of Representatives Office Building, which shall hereafter be designated as the House Office Building and the employment of all service, other than officers and privates of the Capitol police, that may be appropriated for by Congress, necessary for its protection, care, and occupancy, shall be under the control and supervision of the Architect of the Capitol, subject to the approval and direction of a commission consisting of the Speaker of the House of Representatives and two Representatives in Congress, to be appointed by the Speaker. Vacancies occurring by resignation, termination of service as Representatives in Congress, or otherwise in the membership of said commission shall be filled by the Speaker, and any two members of said commission shall constitute a quorum to do business. The Architect of the Capitol shall submit annually to Congress estimates in detail for all services, other than officers and privates of the Capitol police, and for all other expenses in connection with said office building and necessary for its protection, care, and occupancy; and said commission herein referred to shall from time to time prescribe rules and regulations to govern said architect in making all such employments, together with rules and regulations governing the use and occupancy of all rooms and space in said building. -SOURCE- (Mar. 4, 1907, ch. 2918, 34 Stat. 1365; May 28, 1908, No. 30, 35 Stat. 578; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -COD- CODIFICATION Section is based on act Mar. 4, 1907, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1908' appropriating for the maintenance of such Building. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -MISC4- ACQUISITION OF SITE Act Mar. 3, 1903, ch. 1007, 32 Stat. 1113, authorized acquisition of a site for and the construction of the House Office Building, and appointment of a Commission to supervise its construction. Joint Resolution May 28, 1908, provided that it should be designated the House Office Building. DESIGNATION OF HOUSE OFFICE BUILDINGS House Resolution No. 402, One Hundred First Congress, Sept. 10, 1990, provided that: 'SECTION 1. DESIGNATIONS. '(a) Thomas P. O'Neill, Jr. House of Representatives Office Building. - The House of Representatives office building located at C Street and New Jersey Avenue, Southeast, in the District of Columbia, and known as House of Representatives Office Building Annex No. 1, shall be known and designated as the 'Thomas P. O'Neill, Jr. House of Representatives Office Building'. '(b) Gerald R. Ford House of Representatives Office Building. - The House of Representatives office building located at 3d and D Streets, Southwest, in the District of Columbia, and known as House of Representatives Office Building Annex No. 2, shall be known and designated as the 'Gerald R. Ford House of Representatives Office Building'. 'SEC. 2. REFERENCES. 'Any reference in a law, map, regulation, document, paper, or other record of the United States to a building referred to in section 1 shall be deemed to be a reference to the building as designated in that section. 'SEC. 3. STATUES. 'The Speaker of the House of Representatives may purchase or accept as a gift to the House of Representatives, for permanent display in the appropriate building designated in section 1, a suitable statue or bust of the individual for whom the building is named. Such purchase or acceptance shall be carried out - '(1) in the case of the building referred to in section 1(a), in consultation with the majority leader of the House of Representatives; and '(2) in the case of the building referred to in section 1(b), in consultation with the minority leader of the House of Representatives.' ADDITIONAL HOUSE OFFICE BUILDING Pub. L. 98-367, title I, July 17, 1984, 98 Stat. 483, provided in part: 'That notwithstanding any other provision of law, the House Office Building Commission is authorized to use, to such extent as it may deem necessary, for the purposes of providing office and other accommodations for the House of Representatives, the building located at 501 First Street, S.E., on a portion of Reservation 17 in the District of Columbia when such building is acquired by the Architect of the Capitol at the direction of the House Office Building Commission under authority of the Additional House Office Building Act of 1955, and to incur any expenditures under this appropriation required for alterations, maintenance, and occupancy thereof: Provided further, That any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings.' Pub. L. 94-6, ch. I, Feb. 28, 1975, 89 Stat. 12, provided in part that: 'Notwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purposes of providing office and other accommodations for the House of Representatives, the building located on Square 581 in the District of Columbia when such Square, including the improvements thereon, is acquired by the Architect of the Capitol at the direction of the House Office Building Commission under authority of the Additional House Office Building Act of 1955 (act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, see note below) and to incur any expenditures under this appropriation ($15,000,000 for fiscal year ending June 30, 1975, to remain available until expended) required for alterations, maintenance, and occupancy thereof, and (2) prior to occupancy of the entire building by the House of Representatives, to permit the temporary occupancy by other governmental activities of any part of such building not so occupied, under such terms and conditions as such Commission may authorize: Provided further, That any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings.' Act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, authorized the construction of an additional fireproof office building for use of the House of Representatives, on a site approved by the House Office Building Commission, in accordance with plans prepared by the Architect of the Capitol and approved by the Commission, authorized the Architect of the Capitol to acquire certain real property in the District of Columbia, subject to the approval of the Commission, for construction of the office building or for additions to the United States Capitol Grounds, designated the necessary procedure for condemnation proceedings conducted pursuant to such real property acquisition, authorized the demolition of certain buildings by the Architect, and appropriated $5,000,000 and authorized such additional appropriations as the Commission deemed necessary for the construction project. Act July 11, 1947, ch. 227, 61 Stat. 312, authorized the Architect of the Capitol, subject to the direction of the House Office Building Commission, to prepare preliminary plans and cost estimates for construction of extensions to the House Office Buildings, the remodeling of the Old House Office Building, and the renewal of the plumbing in the Old House Office Building, and authorized appropriations of $25,000 for such purposes. USE OF CONGRESSIONAL HOTEL AS HOUSE OFFICE BUILDING; LEASE OF UNUSED SPACE Pub. L. 92-313, Sec. 8, June 16, 1972, 86 Stat. 222, provided that: '(a) Notwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purpose of providing office and other accommodations for the House of Representatives, the building, known as the Congressional Hotel, acquired by the Government in 1957 as part of Lot 20 in Square 692 in the District of Columbia under authority of the Additional House Office Building Act of 1955 (set out as a note above) and (2) to direct the Architect of the Capitol to lease, at fair market value, for such other use and under such terms and conditions and to such parties as such Commission may authorize, any space in such building not required for the aforesaid purpose. '(b) Any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings.' For effective date of section 8 of Pub. L. 92-313, see section 11 of Pub. L. 92-313, set out as an Effective Date of 1972 Amendment note under section 603 of this title. SOLAR ENERGY FOR CERTAIN HOUSE OFFICE BUILDINGS Pub. L. 95-577, Nov. 2, 1978, 92 Stat. 2470, provided: 'That (a) the Architect of the Capitol, under the direction of the House Office Building Commission, shall install solar collectors for furnishing a portion of the energy needs of the Rayburn House Office Building and of House Office Building Annex Numbered 2 (now Gerald R. Ford House of Representatives Office Building). '(b) In carrying out this Act, the Architect of the Capitol, under the direction of the House Office Building Commission, is authorized to (1) procure such personal and other services as may be necessary to carry out this Act, and (2) provide for such structural and other changes in the Rayburn House Office Building and House Office Building Annex Numbered 2, such changes in or additions to their appurtenant facilities, such connections to existing facilities or utilities, and such equipment and apparatus, as may be necessary to carry out this Act. 'Sec. 2. The Architect of the Capitol shall submit to the House Public Works and Transportation Committee final engineering and design drawings and final cost estimates for the project authorized under this Act, before soliciting bids to carry out the project. After the submission of such information, the Architect of the Capitol shall not solicit bids to carry out the project authorized under this Act until thirty legislative days after the date of such submission. 'Sec. 3. There is hereby authorized to be appropriated not to exceed $3,000,000 to carry out this Act.' ADDITIONAL PARKING SPACE FOR HOUSE EMPLOYEES House Resolution No. 208, Ninety-fourth Congress, Feb. 24, 1975, as enacted into permanent law by Pub. L. 94-59, title II, Sec. 201, July 25, 1975, 89 Stat. 282, provided: 'That the chairman, Committee on House Administration is authorized: '(1) to lease or to otherwise provide additional indoor and outdoor parking facilities for employees of the House of Representatives in an area or areas in the District of Columbia outside but adjacent to the limits of the United States Capitol Grounds; '(2) to regulate and assign such additional parking facilities; '(3) to utilize the United States Capitol Police with respect to such parking areas, and transit routes; and '(4) to utilize the services of the Architect of the Capitol to prepare bids, leases, or otherwise assist in obtaining such additional parking facilities. Until otherwise provided by law, there shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this authorization.' Pub. L. 93-305, title I, ch. VIII, Sec. 801, June 8, 1974, 88 Stat. 206, authorized a detailed study of the House garages located in the Rayburn and Cannon House Office Buildings and in Squares 637 and 691 to determine the feasibility of providing additional parking. INCLUSION OF ADDITIONAL AREAS AND BUILDINGS For inclusion of additional areas and buildings as part of the United States Capitol grounds, see order of the House Office Building Commission affecting the Capitol grounds and buildings, set out as a note under section 193a of this title. COMPENSATION OF SUPERINTENDENT OF GARAGES OF HOUSE OFFICE BUILDINGS Pub. L. 100-458, title I, Oct. 1, 1988, 102 Stat. 2170, provided: 'That upon enactment of this Act (Oct. 1, 1988), the pay for the position of Superintendent of Garages shall be equivalent to the pay payable for positions at step 1 of level 12 of the House Employees Schedule, subject to the further increases authorized under 5 U.S.C. 5307(a)(1)(B) relating to the implementation of salary comparability policy.' Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 542, provided that on and after April 1, 1973, the compensation of the Superintendent of Garages was to be at the gross annual rate of $25,000 subject to the further increases authorized under 5 U.S.C. 5307(a)(1)(B). Pub. L. 90-367, Sec. 4, June 29, 1968, 82 Stat. 278, provided that the per annum gross rate of compensation of the position of Superintendent of Garages was to be $12,540 and that such position was to be subject to the salary comparability provisions in section 212 of the Federal Salary Act of 1967, set out as a note under section 5304 of Title 5, Government Organization and Employees. COMPENSATION OF PERSONNEL ASSIGNED TO HOUSE GARAGES IN CONNECTION WITH PARKING ACTIVITIES Pub. L. 93-245, ch. VI, Jan. 3, 1974, 87 Stat. 1079, provided that: 'Effective on the first day of the first applicable pay period which begins on or after the date of enactment of this Act (Jan. 3, 1974), the compensation of personnel assigned to the House garages in connection with parking activities and paid from the appropriation 'House Office Building' under the Architect of the Capitol, shall be fixed by the Architect of the Capitol without regard to chapter 51 and subchapters III and IV of chapter 53 of title 5, United States Code, and shall thereafter be adjusted in accordance with 5 U.S.C. 5307.' APPROPRIATIONS Appropriations for maintenance have been carried under the heading 'House Office Buildings' in Legislature Branch Appropriation Acts since 1933. -CROSS- CROSS REFERENCES Remodeling caucus rooms and restaurant, see note under section 166 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 183, 185 of this title. ------DocID 44000 Document 246 of 816------ -CITE- 40 USC Sec. 176 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 176. Speaker as member of House Office Building commission -STATUTE- The Speaker shall continue a member of the commission in control of said building until his successor as Speaker is elected or his term as a Representative in Congress shall have expired. -SOURCE- (Mar. 4, 1911, ch. 240, 36 Stat. 1306.) -COD- CODIFICATION Section is based on act Mar. 4, 1911, popularly known as the 'Deficiency Appropriation Act, fiscal year 1911'. ------DocID 44001 Document 247 of 816------ -CITE- 40 USC Sec. 177 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 177. Assignment of rooms in House Office Building -STATUTE- The assignment of rooms in the House Office Building, made prior to May 28, 1908, by resolution or order of the House of Representatives, shall continue in force until modified or changed in accordance with the provisions of sections 177 to 184 of this title, and the room so assigned to any Representative shall continue to be held by such Representative as his individual office room so long as he shall remain a Member or Member-elect of the House of Representatives, or until he shall relinquish the same, subject, however, to the provisions of said sections, and no Representative shall allow his office room to be used for any other purpose. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 578.) -CROSS- CROSS REFERENCES Assignment of space for joint committee meetings, conference committees, etc., see section 174d-1 of this title. Control of assignment of rooms by House of Representatives, see section 183 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 182, 183 of this title. ------DocID 44002 Document 248 of 816------ -CITE- 40 USC Sec. 178 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 178. Vacant rooms; assignment to Representatives -STATUTE- Any Member or Member-elect of the House of Representatives may file with the Architect of the Capitol a request in writing that any individual office room be assigned to him whenever it shall become vacant. If only one such request has been made for any room which shall at any time have become vacant, the room shall be assigned as requested. If two or more requests are made for the same vacant room, preference shall be given to the Representative making the request who has been longest in continuous service as a Member and Member-elect of the House of Representatives. If two or more Representatives with equal length of continuous service, or two or more Representatives-elect make request for the same room, preference shall be given to the one first preferring his request. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 578; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182, 183 of this title. ------DocID 44003 Document 249 of 816------ -CITE- 40 USC Sec. 179 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 179. Vacant rooms; withdrawal by Representatives of request for assignment; relinquishment of rooms previously assigned -STATUTE- A Representative or Representative-elect making request for the assignment of a vacant room may withdraw the same at any time and no one shall have pending at the same time more than one such request. The assignment of a new room to a Representative, upon his request, or the appointment of any Representative having an individual office room as chairman of a committee having a committee room, shall act as a relinquishment by him of the room previously assigned to him. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 578.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182, 183 of this title. ------DocID 44004 Document 250 of 816------ -CITE- 40 USC Sec. 180 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 180. Exchange of rooms -STATUTE- Representatives having rooms assigned to them in the foregoing manner may exchange rooms one with another, but such exchange shall be valid only so long as both Members making the exchange shall remain continuously Members or Members-elect of the House of Representatives. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 578.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182, 183 of this title. ------DocID 44005 Document 251 of 816------ -CITE- 40 USC Sec. 181 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 181. Record of assignment of rooms, etc. -STATUTE- The Architect of Capitol shall keep a record of the assignment of rooms made, exchanges which may be made, requests for vacant rooms which may be filed, and the assignment thereof, which record shall be open for the inspection of Representatives or Representatives-elect of the House. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182, 183 of this title. ------DocID 44006 Document 252 of 816------ -CITE- 40 USC Sec. 182 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 182. Assignment of rooms to Commissioner from Puerto Rico -STATUTE- In the matter of the assignment of rooms under sections 177 to 184 of this title, Delegates in Congress and the Commissioner from Puerto Rico shall be treated the same as Representatives. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 579; May 17, 1932, ch. 190, 47 Stat. 158; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) -COD- CODIFICATION Words 'and the Philippine Islands' after 'Puerto Rico' were omitted pursuant to 1946 Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, which granted independence to the Philippine Islands on July 4, 1946, under the authority of act Mar. 24, 1934, ch. 84, Sec. 10, 48 Stat. 463, as amended, which is classified to section 1394 of Title 22, Foreign Relations and Intercourse. -CHANGE- CHANGE OF NAME 'Puerto Rico' substituted in text for 'Porto Rico' pursuant to act May 17, 1932, which is classified to section 731a of Title 48, Territories and Insular Possessions. -MISC4- COMMISSIONER FROM PUERTO RICO AS RESIDENT COMMISSIONER Section 2106 of Title 5, Government Organization and Employees, provides that the term 'Members of Congress' shall include the 'Resident Commissioner from Puerto Rico.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 183 of this title. ------DocID 44007 Document 253 of 816------ -CITE- 40 USC Sec. 183 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 183. Assignment, etc., of rooms; control of by House -STATUTE- The assignment and reassignment of the rooms and other space in the House Office Building shall be subject to the control of the House of Representatives by rule, resolution, order, or otherwise. Nothing in sections 177 to 184 of this title shall be construed to affect or repeal the provisions of section 175 of this title, placing said House Office Building under the control of the Architect of the Capitol, subject to the approval and direction of the commission provided therein. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182 of this title. ------DocID 44008 Document 254 of 816------ -CITE- 40 USC Sec. 184 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184. Assignment of unoccupied space -STATUTE- Unoccupied space in said building shall be assigned by the Architect of the Capitol under the direction of the commission and subject to the control of the House of Representatives. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182, 183 of this title. ------DocID 44009 Document 255 of 816------ -CITE- 40 USC Sec. 184a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184a. John W. McCormack Residential Page School -STATUTE- (a) Construction authorization for dormitory and classroom facilities complex There is hereby authorized to be constructed, on a site jointly approved by the Senate Office Building Commission and the House Office Building Commission, in accordance with plans which shall be prepared by or under the direction of the Architect of the Capitol and which shall be submitted to and jointly approved by the Senate Office Building Commission and the House Office Building Commission, a fireproof building containing dormitory and classroom facilities, including necessary furnishings and equipment, for pages of the Senate, the House of Representatives, and the Supreme Court of the United States. (b) Acquisition of property in District of Columbia The Architect of the Capitol, under the joint direction and supervision of the Senate Office Building Commission and the House Office Building Commission, is authorized to acquire on behalf of the United States, by purchase, condemnation, transfer, or otherwise, such publicly or privately owned real property in the District of Columbia (including all alleys, and parts of alleys, and streets within the curblines surrounding such real property) located in the vicinity of the United States Capitol Grounds, as may be approved jointly by the Senate Office Building Commission and the House Office Building Commission, for the purpose of constructing on such real property, in accordance with this section, a suitable dormitory and classroom facilities complex for pages of the Senate, the House of Representatives, and the Supreme Court of the United States. (c) Condemnation proceedings Any proceeding for condemnation instituted under subsection (b) of this section shall be conducted in accordance with subchapter IV of chapter 13 of title 16 of the District of Columbia Code. (d) Transfer of United States owned property Notwithstanding any other provision of law, any real property owned by the United States, and any alleys, or parts of alleys and streets, contained within the curblines surrounding the real property acquired on behalf of the United States under this section shall be transferred, upon the request of the Architect of the Capitol made with the joint approval of the Senate Office Building Commission and the House Office Building Commission, to the jurisdiction and control of the Architect of the Capitol. (e) Alley and street closures by Mayor of the District of Columbia Notwithstanding any other provision of law, any alleys, or parts of alleys and streets, contained within the curblines surrounding the real property acquired on behalf of the United States under this section shall be closed and vacated by the Mayor of the District of Columbia in accordance with any request therefor made by the Architect of the Capitol with the joint approval of the Senate Office Building Commission and the House Office Building Commission. (f) United States Capitol Grounds provisions applicable Upon the acquisition on behalf of the United States of all real property under this section, such property shall be a part of the United States Capitol Grounds and shall be subject to the provisions of sections 193a to 193m, 212a, 212a-2, and 212b of this title. (g) Designation; employment of services under supervision and control of Architect of Capitol: joint approval and direction of Speaker and President pro tempore; annual estimates to Congress; regulations governing Architect of Capitol The building constructed on the real property acquired under this section shall be designated the 'John W. McCormack Residential Page School'. The employment of all services (other than that of the United States Capitol Police) necessary for its protection, care, maintenance, and use, for which appropriations are made by Congress, shall be under the control and supervision of the Architect of the Capitol. Such supervision and control shall be subject to the joint approval and direction of the Speaker and the President pro tempore. The Architect shall submit annually to the Congress estimates in detail for all services, other than those of the United States Capitol Police or those provided in connection with the conduct of school operations and the personal supervision of pages, and for all other expenses in connection with the protection, care, maintenance, and use of the John W. McCormack Residential Page School. The Speaker and the President pro tempore shall prescribe, from time to time, regulations governing the Architect in the provision of services and the protection, care, and maintenance, of the John W. McCormack Residential Page School. (h) Joint appointee for supervision and control over page activities; regulations; Residence Superintendent of Pages: appointment, compensation, and duties; additional personnel: appointment and compensation The Speaker of the House of Representatives and the President pro tempore of the Senate jointly shall designate an officer of the House and an officer of the Senate, other than a Member of the House or Senate, who shall jointly exercise supervision and control over the activities of the pages resident in the John W. McCormack Residential Page School. With the approval of the Speaker and the President pro tempore, such officers so designated shall prescribe regulations governing - (1) the actual use and occupancy of the John W. McCormack Residential Page School including, if necessary, the imposition of a curfew for pages; (2) the conduct of pages generally; and (3) other matters pertaining to the supervision, direction, safety, and well-being of pages in off-duty hours. Such officers, subject to the approval of the Speaker and the President pro tempore, jointly shall appoint and fix the per annum gross rate of pay of a Residence Superintendent of Pages, who shall perform such duties with respect to the supervision of pages resident therein as those officials shall prescribe. In addition, such officers, subject to the approval of the Speaker and the President pro tempore, jointly shall appoint and fix the per annum gross rates of pay of such additional personnel as may be necessary to assist those officers and the Residence Superintendent of Pages in carrying out their functions under this section. (i) Sections 88a and 88b of title 2 unaffected Nothing in section 88b-1 of title 2 and this section shall affect the operation of section 88a of title 2 or section 88b of title 2, relating to educational facilities of pages and other minors who are congressional employees. -SOURCE- (Pub. L. 91-510, title IV, Sec. 492, Oct. 26, 1970, 84 Stat. 1199; Pub. L. 93-198, title IV, Sec. 421, Dec. 24, 1973, 87 Stat. 789.) -REFTEXT- REFERENCES IN TEXT Section 88b-1 of title 2 and this section, referred to in subsec. (i), were in the original 'this part', meaning part 9 of title IV of Pub. L. 91-510, Oct. 26, 1970, 84 Stat. 1199, which enacted section 88b-1 of Title 2, The Congress, and this section, repealed section 88c of Title 2, and enacted a provision set out as a note under section 88b-1 of Title 2. -MISC2- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -TRANS- TRANSFER OF FUNCTIONS Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in subsec. (e) for 'commissioners'. -MISC5- ACQUISITION OF PROPERTY AS SITE FOR JOHN W. MCCORMACK RESIDENTIAL PAGE SCHOOL Pub. L. 92-607, ch. V, Sec. 508, Oct. 31, 1972, 86 Stat. 1512, authorized Architect of the Capitol to acquire certain specified real estate for use as a green park area pending its development for permanent use as site of John W. McCormack Residential Page School. ------DocID 44010 Document 256 of 816------ -CITE- 40 USC Sec. 184b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184b. House of Representatives Child Care Center -STATUTE- The House Office Building Commission may, in accordance with sections 184b to 184f of this title, assign appropriate space for a child care center (to be known as the 'House of Representatives Child Care Center') to furnish preschool, educationally enriching child care - (1) for children of Members, officers, employees, and support personnel of the House of Representatives; and (2) if places are available after admission of all children who are eligible under paragraph (1), for children of Senators, children of officers and employees of the Senate, and children of employees of agencies of the legislative branch. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101-163, title III, Sec. 313(a), Nov. 21, 1989, 103 Stat. 1065.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 21, Ninety-ninth Congress, Dec. 11, 1985, which was enacted into permanent law by section 103 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. -MISC3- AMENDMENTS 1989 - Pub. L. 101-163 designated existing provisions relating to educationally enriching child care as par. (1) and added par. (2). -CROSS- CROSS REFERENCES Play area on Capitol grounds for children attending child care center, see section 214b of this title. ------DocID 44011 Document 257 of 816------ -CITE- 40 USC Sec. 184c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184c. Responsibility for Center -STATUTE- (a) Independent, nonprofit, nongovernmental corporation The entity responsible for the Center shall be an independent, nonprofit, nongovernmental corporation, incorporated under the laws of the District of Columbia for the sole purpose of providing child care under sections 184b to 184f of this title. (b) Official documents of corporation; submission; amendment Each official document of the corporation (including articles of incorporation and bylaws) shall be submitted to the Committee on House Administration before space is made available for use by the Center. No amendment to an official document of the corporation shall be valid with respect to such use unless the amendment is submitted to the committee. (c) Board of directors The articles of incorporation shall provide for a board of directors, composed of nine individuals, who shall serve without pay and shall be chosen, without regard to political affiliation, from among persons with expertise in child care or interest in the Center, including parents of children enrolled in the Center. (d) Monthly reports on operations and financial transactions of Center; audit; public availability of reports As a condition of continuing use of space for the Center, the corporation shall submit to the House a comprehensive monthly report of the operations and financial transactions of the Center. At least once each year, the Comptroller General shall audit the operations and financial transactions of the corporation and shall submit a report of such audit to the House. The Clerk shall make available to the public each report under this subsection. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 21, Ninety-ninth Congress, Dec. 11, 1985, which was enacted into permanent law by section 103 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. ------DocID 44012 Document 258 of 816------ -CITE- 40 USC Sec. 184d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184d. Duties of corporation -STATUTE- The corporation shall, in accordance with the laws of the District of Columbia, provide for - (1) operation of the Center, either directly by the corporation or by contract with appropriate persons; and (2) curriculum and program of activities, necessary personnel, fee structure and budget, admission policy, nutrition and health, and facilities and equipment. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425.) -COD- CODIFICATION Section is based on section 3 of House Resolution No. 21, Ninety-ninth Congress, Dec. 11, 1985, which was enacted into permanent law by section 103 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. ------DocID 44013 Document 259 of 816------ -CITE- 40 USC Sec. 184e -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184e. Initial funding for Center; reimbursement; Center to be economically self-sufficient; House responsibility for Center -STATUTE- (a) There shall be paid from the contingent fund of the House to the corporation not more than $100,000 for equipment and other expenses of starting the Center. (b) The income of the corporation from child care fees, private donations, and similar receipts shall be sufficient to pay all operating expenses of the Center (including employee pay and benefits, and expenses of sufficient fiduciary, liability and other necessary insurance). The House shall have no responsibility or liability with respect to the operations of the Center. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101-163, title III, Sec. 313(b), Nov. 21, 1989, 103 Stat. 1065.) -COD- CODIFICATION Section is based on section 4 of House Resolution No. 21, Ninety-ninth Congress, Dec. 11, 1985, which was enacted into permanent law by section 103 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. -MISC3- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-163, Sec. 313(b)(1), struck out at end 'At the end of each of the first three one-year periods beginning three years after the date on which the Center begins operations, the corporation shall pay to the Clerk, as a reimbursement to the contingent fund of the House, an amount equal to one-third of the total amount paid under the first sentence of this subsection or the unreimbursed balance of such total amount, whichever is less.' Subsec. (b). Pub. L. 101-163, Sec. 313(b)(2), struck out 'to make the reimbursements required by subsection (a) of this section and' after 'shall be sufficient'. ------DocID 44014 Document 260 of 816------ -CITE- 40 USC Sec. 184f -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184f. Definitions as used in sections 184b to 184f of this title -STATUTE- As used in sections 184b to 184f of this title - (1) the term 'employee of the House of Representatives' means an employee whose pay is disbursed by the Clerk of the House of Representatives; (2) the term 'employee of the Senate' means an employee whose pay is disbursed by the Secretary of the Senate; (3) the term 'Member' means, with respect to the House of Representatives, a Representative in, or a Delegate or Resident Commissioner to, the Congress; (4) the term 'agency of the legislative branch' means the Office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal; and (5) the term 'support personnel' means, with respect to the House of Representatives, any employee of a credit union or of the Architect of the Capitol, whose principal duties are to support the functions of the House of Representatives. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101-163, title III, Sec. 313(c), Nov. 21, 1989, 103 Stat. 1066.) -COD- CODIFICATION Section is based on section 5 of House Resolution No. 21, Ninety-ninth Congress, Dec. 11, 1985, which was enacted into permanent law by section 103 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. -MISC3- AMENDMENTS 1989 - Pub. L. 101-163 struck out ', the term' after '184f of this title' in introductory provisions and substituted pars. (1) to (5) for former pars. (1) to (3) which read as follows: '(1) 'employee of the House' means an employee of the House of Representatives whose pay is disbursed by the Clerk; '(2) 'Member' means a Representative in, and a Delegate or Resident Commissioner to, the Congress; and '(3) 'support personnel' means employees of a credit union or of the Architect of the Capitol, whose principal duties are to support the functions of the House of Representatives.' ------DocID 44015 Document 261 of 816------ -CITE- 40 USC Sec. 185 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 185. Capitol power plant -STATUTE- The heating, lighting, and power plant constructed under the terms of the Act approved April 28, 1904, shall be known as the 'Capitol power plant'; and all vacancies occurring in the force operating said plant and the substations in connection therewith shall be filled by the Architect of the Capitol with the approval of the commission in control of the House Office Building appointed under section 175 of this title. -SOURCE- (Mar. 4, 1911, ch. 285, 36 Stat. 1414; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -REFTEXT- REFERENCES IN TEXT Act approved April 28, 1904, referred to in text, is act Apr. 28, 1904, ch. 1762, Sec. 1 (part), 33 Stat. 452 (479), which provided an appropriation for the construction of a heating, lighting and power plant in connection with the office building for the House of Representatives to furnish the necessary heat, light, and power for the office building for the House of Representatives, the Capitol building, the Congressional Library building, and for such other public buildings erected after Apr. 28, 1904, on grounds adjacent to the Capitol grounds at the east of the Capitol building and facing the same. -COD- CODIFICATION Section is based on act Mar. 4, 1911, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1912'. It followed an appropriation for the Capitol power plant. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -MISC4- GENERAL SERVICES ADMINISTRATION COAL YARD Pub. L. 100-458, title I, Oct. 1, 1988, 102 Stat. 2170, provided: 'That appropriations under this head shall hereafter be available for maintenance, alterations, personal and other services, and for all other necessary expenses of the Government owned property, buildings and facilities located in Lot 803, Square 695, formerly known as the General Services Administration Coal Yard at 42 I Street, S.E., in the District of Columbia.' ------DocID 44016 Document 262 of 816------ -CITE- 40 USC Sec. 185a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 185a. Senate Garage; control, supervision, servicing of official motor vehicles -STATUTE- (a) The employees of the Senate garage engaged by the Architect of the Capitol for the primary purpose of servicing official motor vehicles, together with the functions performed by such employees, shall, on October 1, 1980, be transferred to the jurisdiction of the Sergeant at Arms and Doorkeeper of the Senate: Provided further, That, effective July 1, 1965, the underground space in the north extension of the Capitol Grounds, known as the Legislative Garage shall hereafter be known as the Senate Garage and shall be under the jurisdiction and control of the Architect of the Capitol, subject to such regulations respecting the use thereof as may be promulgated by the Senate Committee on Rules and Administration: Provided further, That, such regulations shall provide for the continued assignment of space and the continued furnishing of service in such garage for official motor vehicles of the House and the Senate and the Architect of the Capitol and Capitol Grounds maintenance equipment. (b) As used in subsection (a) of this section, the term 'servicing' includes, with respect to an official motor vehicle, the washing and fueling of such vehicle, the checking of its tires and battery, and checking and adding oil. -SOURCE- (June 30, 1932, ch. 314, 47 Stat. 391; Aug. 20, 1964, Pub. L. 88-454, 78 Stat. 545; Oct. 13, 1980, Pub. L. 96-444, Sec. 1(a)(1), (b), 94 Stat. 1889.) -MISC1- AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-444, Sec. 1(a)(1), designated existing provision as subsec. (a) and substituted provision transferring, on October 1, 1980, employees of the Senate garage engaged by the Architect of the Capitol for the primary purpose of servicing official motor vehicles, together with the functions performed by such employees, to the jurisdiction of the Sergeant at Arms and Doorkeeper of the Senate for provision transferring, on July 1, 1932, employees engaged in the care and maintenance of the Senate garage to the jurisdiction of the Architect of the Capitol, without any reduction in compensation to these employees as the result of such transfer. Subsec. (b). Pub. L. 96-444, Sec. 1(b), added subsec. (b). 1964 - Pub. L. 88-454 redesignated the Legislative Garage as the Senate Garage, transferred the authority to promulgate rules from the Vice President and the Speaker of the House to the Senate Committee on Rules and Administration, and directed that the regulations provide for the continued assignment of space and the continued furnishing of service for official motor vehicles of the House and the Senate and the Architect of the Capitol and Capitol Grounds maintenance equipment. AVAILABILITY OF APPROPRIATIONS FOR EXPENSES OF SENATE GARAGE Title I of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, to be effective as if enacted into law, provided in part: 'That appropriations under this head (senate office buildings) shall hereafter be available for maintenance, alternations (alterations), personal and other services, and for all other necessary expenses of the Senate Garage as authorized by the paragraph beginning 'Capitol Garages' under the general heading 'ARCHITECT OF THE CAPITOL' in the first section of the Act entitled 'An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes', approved June 30, 1933 (40 U.S.C. 185a) and Public Law 96-444 (amending this section and enacting provisions set out as notes under this section).' UNUSED SICK LEAVE AND UNUSED ANNUAL LEAVE OF TRANSFERRED EMPLOYEES; ANNUITY COMPUTATION AND LUMP SUM PAYMENT Section 1(a)(2), (3) of Pub. L. 96-444 provided that: '(2) For purposes of section 8339(m) of title 5, United States Code, the days of unused sick leave to the credit of any such employee as of the date such employee is transferred under paragraph (1) (amending subsec. (a) of this section), shall be included in the total service of such employee in connection with the computation of any annuity under subsections (a)-(e) and (o) of such section. '(3) In the case of days of annual leave to the credit of any such employee as of the date such employee is transferred under paragraph (1) (amending subsec. (a) of this section), the Architect of the Capitol is authorized to make a lump sum payment to each such employee for that annual leave. No such payment shall be considered a payment or compensation within the meaning of any law relating to dual compensation.' APPOINTMENT OF GARAGE ATTENDANTS; COMPENSATION; LONGEVITY COMPENSATION Section 2 of Pub. L. 96-444 provided that: '(a) Effective October 1, 1980, the Sergeant at Arms and Doorkeeper of the Senate is authorized to appoint and fix the compensation of four garage attendants at not to exceed $14,100 per annum each. '(b) If, and to the extent that, positions established by subsection (a) are first filled by individuals transferred under subsection (a)(1) of the first section (amending subsec. (a) of this section), the Sergeant at Arms and Doorkeeper of the Senate is authorized to fix, in lieu of the compensation prescribed in subsection (a), the compensation - '(1) of not more than two of such positions so filled at not to exceed $16,560 per annum each; '(2) of one of such positions so filled at not to exceed $15,485 per annum; and '(3) of one of such positions so filled at not to exceed $14,390 per annum. Compensation fixed under this subsection for a position first filled by an individual transferred under subsection (a)(1) of the first section shall cease to be applicable with respect to such position on the date that such individual first ceases to occupy such position. '(c) During any period with respect to which subsection (b) is applicable to a position occupied by an individual described in such subsection, such individual shall be credited, for purposes of longevity compensation, as authorized by section 106(a), (b), and (d) of the Legislative Branch Appropriation Act, 1963 (2 U.S.C. 60j), for service performed by such individual in the position of garage attendant, as an employee of the Architect of the Capitol, as certified to the Secretary of the Senate by the Architect of the Capitol.' APPLICABILITY OF OTHER LAWS Section as unaffected by sections 193a to 193l, 212a, 212a-2, and 212b of this title, see note set out under section 193a of this title. ------DocID 44017 Document 263 of 816------ -CITE- 40 USC Sec. 186 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 186. Transfer of material and equipment to Architect -STATUTE- The Secretary of the Army is authorized to transfer, without payment, to the Architect of the Capitol, such material and equipment, not required by the Department of the Army, as the Architect may request for use at the Capitol power plant, the Capitol Building, and the Senate and House Office Buildings. -SOURCE- (June 5, 1920, ch. 253, 41 Stat. 1035; Mar. 3, 1921, ch. 124, 41 Stat. 1291; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is based on act June 5, 1920, popularly known as the 'Third Deficiency Appropriation Act June 5, 1920, fiscal year 1920'. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force from Secretary of the Army, see Secretary of Defense Transfer Order No. 40 (App. A(65)), July 22, 1949. ------DocID 44018 Document 264 of 816------ -CITE- 40 USC Sec. 187 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 187. National Statuary Hall -STATUTE- Suitable structures and railings shall be erected in the old hall of Representatives for the reception and protection of statuary, and the same shall be under the supervision and direction of the Architect of the Capitol. And the President is authorized to invite all the States to provide and furnish statues, in marble or bronze, not exceeding two in number for each State, of deceased persons who have been citizens thereof, and illustrious for their historic renown or for distinguished civic or military services, such as each State may deem to be worthy of this national commemoration; and when so furnished, the same shall be placed in the old hall of the House of Representatives, in the Capitol of the United States, which is set apart, or so much thereof as may be necessary, as a national statuary hall for the purpose herein indicated. -SOURCE- (R.S. Sec. 1814; Aug. 15, 1876, ch. 287, 19 Stat. 147.) -COD- CODIFICATION R.S. Sec. 1814 derived from act July 2, 1864, ch. 210, Sec. 2, 13 Stat. 347. Section 2 of act July 2, 1864, gave the supervision and direction of the National Statuary Hall to the Commissioner of Public Buildings. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -MISC4- LOCATION OF STATUES House Concurrent Resolution 47, passed Feb. 24, 1933, 47 Stat. Part 2, 1784, provided: 'That the Architect of the Capitol, upon the approval of the Joint Committee on the Library, with the advice of the Commission of Fine Arts, is hereby authorized and directed to relocate within the Capitol any of the statues already received and placed in Statuary Hall, and to provide for the reception and location of the statues received hereafter from the States.' ------DocID 44019 Document 265 of 816------ -CITE- 40 USC Sec. 188 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188. Works of fine arts -STATUTE- The Joint Committee on the Library, whenever, in their judgment, it is expedient, are authorized to accept any work of the fine arts, on behalf of Congress, which may be offered, and to assign the same such place in the Capitol as they may deem suitable, and shall have the supervision of all works of art that may be placed in the Capitol. -SOURCE- (R.S. Sec. 1831.) -COD- CODIFICATION R.S. Sec. 1831 derived from act June 10, 1872, ch. 415, Sec. 1, 17 Stat. 362. -CROSS- CROSS REFERENCES Art exhibits, not property of United States, prohibited, see section 189 of this title. Commission of Fine Arts, see section 104 of this title. ------DocID 44020 Document 266 of 816------ -CITE- 40 USC Sec. 188a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a. United States Capitol Preservation Commission -STATUTE- (a) Establishment and purposes There is established in the Congress the United States Capitol Preservation Commission (hereinafter in sections 188a to 188a-5 of this title referred to as the 'Commission') for the purposes of - (1) providing for improvements in, preservation of, and acquisitions for, the United States Capitol; (2) providing for works of fine art and other property for display in the United States Capitol and at other locations under the control of the Congress; and (3) conducting other activities that directly facilitate, encourage, or otherwise support any purposes specified in paragraph (1) or (2). (b) Membership The Commission shall be composed of the following Members of Congress: (1) The President pro tempore of the Senate and the Speaker of the House of Representatives, who shall be co-chairmen. (2) The Chairman and Vice-Chairman of the Joint Committee on the Library. (3) The Chairman and the ranking minority party member of the Committee on Rules and Administration of the Senate, and the Chairman and the ranking minority party member of the Committee on House Administration of the House of Representatives. (4) The majority leader and the minority leader of the Senate. (5) The majority leader and the minority leader of the House of Representatives. (6) The Chairman of the Commission on the Bicentennial of the United States Senate and the Chairman of the Commission of the House of Representatives Bicentenary, to be succeeded upon expiration of such commissions, by a Senator or Member of the House of Representatives, as appropriate, appointed by the Senate or House of Representatives co-chairman of the Commission, respectively. (7) One Senator appointed by the President pro tempore of the Senate and one Senator appointed by the minority leader of the Senate. (8) One Member of the House of Representatives appointed by the Speaker of the House of Representatives and one Member of the House of Representatives appointed by the minority leader of the House of Representatives. (c) Designees Each member of the Commission specified under subsection (b) of this section (other than a member under paragraph (7) or (8) of such subsection) may designate a Senator or Member of the House of Representatives, as the case may be, to serve as a member of the Commission in place of the member so specified. (d) Architect of the Capitol In addition to the members under subsection (b) of this section, the Architect of the Capitol shall participate in the activities of the Commission, ex officio, and without the right to vote. (e) Staff support and assistance The Senate Commission on Art, the House of Representatives Fine Arts Board, and the Architect of the Capitol shall provide to the Commission such staff support and assistance as the Commission may request. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 801, Nov. 18, 1988, 102 Stat. 4608.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a-1, 188a-2, 188a-5 of this title. ------DocID 44021 Document 267 of 816------ -CITE- 40 USC Sec. 188a-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-1. Authority of Commission to accept gifts and conduct other transactions relating to works of fine art and other property -STATUTE- (a) In general In carrying out the purposes referred to in section 188a(a) of this title the Commission is authorized - (1) to accept gifts of works of fine art, gifts of other property, and gifts of money; and (2) to acquire property, administer property, dispose of property, and conduct other transactions related to such purposes. (b) Transfer and disposition of works of fine art and other property The Commission shall, with respect to works of fine art and other property received by the Commission - (1) in consultation with the Joint Committee on the Library, the Senate Commission on Art, or the House of Representatives Fine Arts Board, as the case may be, transfer such property to the entity consulted; (2) if a transfer described in paragraph (1) is not appropriate, dispose of the work of fine art by sale or other transaction; and (3) in the case of property that is not directly related to the purposes referred to in section 188a(a) of this title, dispose of such property by sale or other transaction. (c) Requirements for conduct of transactions In conducting transactions under this section, the Commission shall - (1) accept money only in the form of a check or similar instrument made payable to the Treasury of the United States and shall deposit any such check or instrument in accordance with section 188a-2 of this title; (2) in making sales and engaging in other property transactions, take into consideration market conditions and other relevant factors; and (3) assure that each transaction is directly related to the purposes referred to in section 188a(a) of this title. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 802, Nov. 18, 1988, 102 Stat. 4609; Pub. L. 101-302, title III, Sec. 312(a), May 25, 1990, 104 Stat. 245.) -MISC1- AMENDMENTS 1990 - Subsec. (b)(1). Pub. L. 101-302 amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'upon agreement with the Joint Committee on the Library, the Senate Commission on Art, or the House of Representatives Fine Arts Board, as the case may be, transfer such property to the entity with which the agreement is made;'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-2, 188a-5, 188c-1 of this title. ------DocID 44022 Document 268 of 816------ -CITE- 40 USC Sec. 188a-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-2. Capitol Preservation Fund -STATUTE- (a) In general There is established in the Treasury a fund, to be known as the 'Capitol Preservation Fund' (hereafter in sections 188a to 188a-5 of this title referred to as the 'fund'), which shall consist of (1) amounts deposited, and interest and proceeds credited, under subsection (d) of this section, (2) obligations obtained under subsection (e) of this section, and (3) all surcharges received by the Secretary of the Treasury from the sale of coins minted under the Bicentennial of the United States Congress Commemorative Coin Act. (b) Availability of fund The fund shall be available to the Commission - (1) for payment of transaction costs and similar expenses incurred under section 188a-1 of this title; (2) subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, for improvement and preservation projects for the United States Capitol; (3) for disbursement with respect to works of fine art and other property as provided in section 188a-1 of this title; and (4) for such other payments as may be required to carry out section 188a of this title or section 188a-1 of this title. (c) Transaction costs and proportionality In carrying out this section, the Commission shall, to the extent practicable, take such action as may be necessary - (1) to minimize disbursements under subsection (b)(1) of this section; and (2) to equalize disbursements under subsection (b) of this section between the Senate and the House of Representatives. (d) Deposits, credits, and disbursements The Commission shall deposit in the fund gifts of money and proceeds of transactions under section 188a-1 of this title. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. Disbursements from the fund shall be made on vouchers approved by the Commission and signed by the co-chairmen. (e) Investments The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Commission, is not required to meet current withdrawals. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Commission has a maturity suitable for the fund. In carrying out this subsection, the Secretary may make such purchases, sales, and redemptions of obligations as may be approved by the Commission. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 803, Nov. 18, 1988, 102 Stat. 4609; Pub. L. 101-302, title III, Sec. 312(b), May 25, 1990, 104 Stat. 245.) -REFTEXT- REFERENCES IN TEXT The Bicentennial of the United States Congress Commemorative Coin Act, referred to in subsec. (a), is Pub. L. 100-673, Nov. 17, 1988, 102 Stat. 3992, which is set out as a note under section 5112 of Title 31, Money and Finance. -MISC2- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-302, Sec. 312(b)(1), struck out 'subject to the approval, except for the purchase of fine art and antiques, of the Committees on Appropriations of the House of Representatives and Senate, respectively' after 'The fund shall be available to the Commission'. Subsec. (b)(2). Pub. L. 101-302, Sec. 312(b)(2), inserted 'subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate,' before 'For improvement'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-1, 188a-5 of this title. ------DocID 44023 Document 269 of 816------ -CITE- 40 USC Sec. 188a-3 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-3. Audits by the Comptroller General -STATUTE- The Comptroller General shall conduct annual audits of the transactions of the Commission and shall report the results of each audit to the Congress. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 804, Nov. 18, 1988, 102 Stat. 4610.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-2, 188a-5 of this title. ------DocID 44024 Document 270 of 816------ -CITE- 40 USC Sec. 188a-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-4. Advisory boards -STATUTE- The Commission may establish appropriate boards to provide advice and assistance to the Commission and to further the purposes of the Commission. The boards shall be composed of members (including chairmen) who shall be appointed by the Commission from public and private life and shall serve at the pleasure of the Commission and each co-chairman of the Commission may appoint one member to any such board. The members of boards under this section may be reimbursed for actual and necessary expenses incurred in the performance of the duties of the boards, at the discretion of the Commission. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 805, Nov. 18, 1988, 102 Stat. 4610.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-2, 188a-5 of this title. ------DocID 44025 Document 271 of 816------ -CITE- 40 USC Sec. 188a-5 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-5. 'Member of the House of Representatives' defined -STATUTE- As used in sections 188a to 188a-5 of this title, the term 'Member of the House of Representatives' means a Representative in, or a Delegate or Resident Commissioner to, the Congress. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 806, Nov. 18, 1988, 102 Stat. 4610.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-2 of this title. ------DocID 44026 Document 272 of 816------ -CITE- 40 USC Sec. 188b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b. Senate Commission on Art -STATUTE- (a) Establishment There is hereby established a Senate Commission on Art (hereinafter referred to as 'the Commission') consisting of the President pro tempore of the Senate, the chairman and ranking minority member of the Committee on Rules and Administration of the Senate, and the majority and minority leaders of the Senate. (b) Chairman and Vice Chairman; quorum; Executive Secretary The Commission shall elect a Chairman and a Vice Chairman at the beginning of each Congress. Three members of the Commission shall constitute a quorum for the transaction of business, except that the Commission may fix a lesser number which shall constitute a quorum for the taking of testimony. The Secretary of the Senate shall be the Executive Secretary of the Commission (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably should be followed by a period. (c) Selection of Curator of Art and Antiquities of the Senate; availability of professional and clerical assistance The Commission shall select a Curator of Art and Antiquities of the Senate who shall be appointed by and be an employee of the Secretary of the Senate. The Curator shall serve at the pleasure of the Commission, shall perform such duties as it may prescribe, and shall receive compensation at a gross rate, not to exceed $22,089 per annum to be fixed by the Commission. At the request of the Commission the Secretary of the Senate shall detail to the Commission such additional professional, clerical, and other assistants as, from time to time, it deems necessary. (d) Hearings and meetings The Commission shall be empowered to hold hearings, summon witnesses, administer oaths, employ reporters, request the production of papers and records, take such testimony, and adopt such rules for the conduct of its hearings and meetings, as it deems necessary. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), (b)(1), (3), Nov. 18, 1988, 102 Stat. 4610, 4611.) -COD- CODIFICATION Section is based on section 1 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law and amended by Pub. L. 100-696. -MISC3- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-696, Sec. 901(b)(3), substituted 'Senate Commission on Art' for 'Commission on Art and Antiquities of the United States Senate'. Subsec. (b). Pub. L. 100-696, Sec. 901(b)(1), inserted 'The Secretary of the Senate shall be the Executive Secretary of the Commission'. SENATE RULEMAKING POWER Section 901(d) of Pub. L. 100-696 provided that: 'The provisions of this section (enacting sections 188b to 188b-5 of this title and amending sections 188b, 188b-1, and 188b-5 of this title) are enacted by the Congress - '(1) as an exercise of the rulemaking power of the Senate, and as such they shall be considered as part of the rules of the Senate, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and '(2) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.' INCREASES IN COMPENSATION Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see Salary Directives of the President pro tempore of the Senate, set out as notes under section 60a-1 of Title 2, The Congress. -CROSS- CROSS REFERENCES Authority of Secretary of Senate to fix compensation of certain positions, see section 61a-11 of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44027 Document 273 of 816------ -CITE- 40 USC Sec. 188b-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-1. Duties of Commission -STATUTE- (a) In general The Commission is hereby authorized and directed to supervise, hold, place, protect, and make known all works of art, historical objects, and exhibits within the Senate wing of the United States Capitol, any Senate Office Buildings, and in all rooms, spaces, and corridors thereof, which are the property of the United States, and in its judgment to accept any works of art, historical objects, or exhibits which may hereafter be offered, given, or devised to the Senate, its committees, and its officers for placement and exhibition in the Senate wing of the Capitol, the Senate Office Buildings, or in rooms, spaces, or corridors thereof. (b) Issuance and publication of regulations The Commission shall prescribe such regulations as it deems necessary for the care, protection, and placement of such works of art, exhibits, and historical objects in the Senate wing of the Capitol and the Senate Office Buildings, and for their acceptance on behalf of the Senate, its committees, and officers. Such regulations shall be published in the Congressional Record at such time or times as the Commission may deem necessary for the information of the Members of the Senate and the public. (c) Consistency of regulations Regulations authorized by the provisions of section 193 of this title to be issued by the Sergeant at Arms of the Senate for the protection of the Capitol, and any regulations issued, or activities undertaken, by the Committee on Rules and Administration of the Senate, or the Architect of the Capitol, in carrying out duties relating to the care, preservation, and protection of the Senate wing of the Capitol and the Senate Office Buildings, shall be consistent with such rules and regulations as the Commission may issue pursuant to subsection (b) of this section. (d) Responsibilities of Committee on Rules and Administration of Senate The Committee on Rules and Administration of the Senate in consultation with the Architect of the Capitol and consistent with regulations prescribed by the Commission under subsection (b) of this section, shall have responsibility for the supervision, protection, and placement of all works of art, historical objects, and exhibits which shall have been accepted on behalf of the Senate by the Commission or acknowledged as United States property by inventory of the Commission, and which may be lodged in the Senate wing of the Capitol or the Senate Office Buildings by the Commission. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), (b)(2), Nov. 18, 1988, 102 Stat. 4610, 4611.) -COD- CODIFICATION Section is based on section 2 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law and amended by Pub. L. 100-696. -MISC3- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-696, Sec. 901(b)(2), substituted 'protect, and make known' for 'and protect' and 'Senate wing of the United States Capitol, any Senate Office Buildings' for 'Senate wing of the Capitol'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44028 Document 274 of 816------ -CITE- 40 USC Sec. 188b-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-2. Supervision and maintenance of Old Senate Chamber -STATUTE- The Commission shall have responsibility for the supervision and maintenance of the Old Senate Chamber on the principal floor of the Senate wing of the Capitol insofar as it is to be preserved as a patriotic shrine in the Capitol for the benefit of the people of the United States. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.) -COD- CODIFICATION Section is based on section 3 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law by Pub. L. 100-696. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44029 Document 275 of 816------ -CITE- 40 USC Sec. 188b-3 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-3. Publication of list of works of art, historical objects, and exhibits -STATUTE- The Commission shall, from time to time, but at least once every ten years, publish as a Senate document a list of all works of art, historical objects, and exhibits currently within the Senate wing of the Capitol and the Senate Office Buildings, together with their description, location, and with such notes as may be pertinent to their history. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.) -COD- CODIFICATION Section is based on section 4 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law by Pub. L. 100-696. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44030 Document 276 of 816------ -CITE- 40 USC Sec. 188b-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-4. Authorization of appropriations -STATUTE- There is hereby authorized to be appropriated out of the contingent fund of the Senate for the expenses of the Commission the sum of $15,000 each fiscal year, to be disbursed by the Secretary of the Senate on vouchers signed by the Chairman or Vice Chairman of the Commission: Provided, That no payment shall be made from such appropriation as salary. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.) -COD- CODIFICATION Section is based on section 5 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law by Pub. L. 100-696. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44031 Document 277 of 816------ -CITE- 40 USC Sec. 188b-5 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-5. Additional authority for Senate Commission on Art to acquire works of art, historical objects, documents, or exhibits -STATUTE- (a) The Senate Commission on Art, in addition to any authority conferred upon it by sections 188b to 188b-4 of this title, is authorized to acquire any work of art, historical object, document or material relating to historical matters, or exhibit for placement or exhibition in the Senate wing of the Capitol, the Senate Office Buildings, or in rooms, spaces, or corridors thereof. (b) This section shall be effective as of March 1, 1971. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), (c), Nov. 18, 1988, 102 Stat. 4610, 4611.) -COD- CODIFICATION Section is based on Senate Resolution No. 95, Ninety-second Congress, Apr. 1, 1971, which was enacted into permanent law and amended by Pub. L. 100-696. -MISC3- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-696, Sec. 901(c), substituted 'Senate Commission on Art' for 'Commission on Art and Antiquities of the United States Senate'. ------DocID 44032 Document 278 of 816------ -CITE- 40 USC Sec. 188b-6 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-6. Conservation, restoration, replication, or replacement of items in United States Senate Collection -STATUTE- (a) Use of moneys in Senate contingent fund Effective with the fiscal year ending September 30, 1991, and each fiscal year thereafter, subject to the approval of the Committee on Appropriations of the Senate, any unexpended and unobligated funds in the appropriation account for the 'Secretary of the Senate' within the contingent fund of the Senate which have not been withdrawn in accordance with section 102a of title 2, shall be available for the expenses incurred, without regard to the fiscal year in which incurred, for the conservation, restoration, and replication or replacement, in whole or in part, of items of art, fine art, and historical items within the Senate wing of the United States Capitol, any Senate Office Building, or any room, corridor, or other space therein. In the case of replication or replacement of such items, the funds available under this subsection shall be available for any such items previously contained within the Senate wing of the Capitol, or an item historically accurate. (b) United States Senate Collection All such items of art referred to in subsection (a) of this section shall be known as the 'United States Senate Collection'. (c) Approval of disbursements by Chairman or Executive Secretary of Senate Commission on Art Disbursements for expenses incurred for the purposes in subsection (a) of this section shall be made upon vouchers approved by the Chairman of the Senate Commission on Art or the Executive Secretary of the Senate Commission on Art. -SOURCE- (Pub. L. 101-302, title III, Sec. 316, May 25, 1990, 104 Stat. 246; Pub. L. 101-520, title III, Sec. 323, Nov. 5, 1990, 104 Stat. 2285.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-520 substituted '1991' for '1990'. ------DocID 44033 Document 279 of 816------ -CITE- 40 USC Sec. 188c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188c. House of Representatives Fine Arts Board -STATUTE- (a) Establishment and authority There is established in the House of Representatives a Fine Arts Board (hereafter in sections 188c and 188c-1 of this title referred to as the 'Board'), comprised of the House of Representatives members of the Joint Committee on the Library. The chairman of the Committee on House Administration of the House of Representatives shall be the chairman of the Board. The Board, in consultation with the House Office Building Commission, shall have authority over all works of fine art, historical objects, and similar property that are the property of the Congress and are for display or other use in the House of Representatives wing of the Capitol, the House of Representatives Office Buildings, or any other location under the control of the House of Representatives. (b) Clerk of the House of Representatives Under the supervision and direction of the Board, the Clerk of the House of Representatives shall be responsible for the administration, maintenance, and display of the works of fine art and other property referred to in subsection (a) of this section. (c) Architect of the Capitol The Architect of the Capitol shall provide assistance to the Board and to the Clerk of the House of Representatives in the carrying out of their responsibilities under sections 188c and 188c-1 of this title. -SOURCE- (Pub. L. 100-696, title X, Sec. 1001, Nov. 18, 1988, 102 Stat. 4611.) ------DocID 44034 Document 280 of 816------ -CITE- 40 USC Sec. 188c-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188c-1. Acceptance of gifts on behalf of the House of Representatives -STATUTE- The Board is authorized to accept, on behalf of the House of Representatives, gifts of works of fine art, historical objects, and similar property, including transfers from the United States Capitol Preservation Commission under section 188a-1 of this title, for display or other use in the House of Representatives wing of the Capitol, the House of Representatives Office Buildings, or any other location under the control of the House of Representatives. -SOURCE- (Pub. L. 100-696, title X, Sec. 1002, Nov. 18, 1988, 102 Stat. 4612.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188c of this title. ------DocID 44035 Document 281 of 816------ -CITE- 40 USC Sec. 189 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 189. Art exhibits -STATUTE- No work of art or manufacture other than the property of the United States shall be exhibited in the National Statuary Hall, the Rotunda, or the corridors of the Capitol. -SOURCE- (R.S. Sec. 1815; Mar. 3, 1875, ch. 130, 18 Stat. 376; Mar. 3, 1879, ch. 182, 20 Stat. 391.) -COD- CODIFICATION Section is based on act Mar. 3, 1879, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1879'. R.S. Sec. 1815 derived from act July 20, 1868, ch. 176, Sec. 6, 15 Stat. 110. ------DocID 44036 Document 282 of 816------ -CITE- 40 USC Sec. 190 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 190. Private studios and works of art -STATUTE- No room in the Capitol shall be used for private studios or works of art, without permission from the Joint Committee on the Library, given in writing; and it shall be the duty of the Architect of the Capitol to carry this provision into effect. -SOURCE- (Mar. 3, 1875, ch. 130, 18 Stat. 376.) ------DocID 44037 Document 283 of 816------ -CITE- 40 USC Sec. 190a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 190a. Omitted -COD- CODIFICATION Section, act Mar. 2, 1895, ch. 189, 28 Stat. 959, related to location of terminal of the conveying apparatus for rapid transmission of books, papers, and messages between Library of Congress and Capitol. ------DocID 44038 Document 284 of 816------ -CITE- 40 USC Sec. 190b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 190b. Location of reference library for Senate and House of Representatives -STATUTE- The rooms and space recently occupied by the Library of Congress in the Capitol building shall be divided into three stories, the third story of which shall be fitted up and used for a reference library for the Senate and House of Representatives, and that portion of the other two stories north of a line drawn east and west through the center of the Rotunda shall be used for such purpose as may be designated by the Senate of the United States, and that portion of the first and second stories south of said line shall be used for such purpose as may be designated by the House of Representatives. -SOURCE- (June 6, 1900, No. 33, 31 Stat. 719.) ------DocID 44039 Document 285 of 816------ -CITE- 40 USC Sec. 191 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 191. Repealed. Jan. 24, 1934, ch. 4, Sec. 34, 48 Stat. 336 -MISC1- Section, act Mar. 3, 1903, ch. 1012, Sec. 34, 32 Stat. 1221, prohibited sale of intoxicating liquors within limits of the Capitol Building. See the 'District of Columbia Alcoholic Beverage Control Act', chapter 1 (Sec. 25-101 et seq.) of Title 25, Alcoholic Beverages, of the District of Columbia Code. ------DocID 44040 Document 286 of 816------ -CITE- 40 USC Sec. 192 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 192. Omitted -COD- CODIFICATION Section, R.S. Sec. 1819; act Aug. 15, 1876, ch. 287, 19 Stat. 147, which extended to the Capitol Square the laws of the District of Columbia, was superseded by section 101 of this title. ------DocID 44041 Document 287 of 816------ -CITE- 40 USC Sec. 193 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193. Protection of buildings and property -STATUTE- The Sergeants at Arms of the Senate and of the House of Representatives are authorized to make such regulations as they may deem necessary for preserving the peace and securing the Capitol from defacement, and for the protection of the public property therein, and they shall have power to arrest and detain any person violating such regulations, until such person can be brought before the proper authorities for trial. -SOURCE- (R.S. Sec. 1820.) -COD- CODIFICATION R.S. Sec. 1820 derived from acts Mar. 30, 1867, ch. 20, Sec. 2, 15 Stat. 12; Apr. 29, 1876, ch. 86, 19 Stat. 41. Section is also set out in D.C. Code, Sec. 9-105. -MISC3- APPLICABILITY OF OTHER LAWS Section as unaffected by sections 193a to 193l, 212a, 212a-2, and 212b of this title, see note set out under section 193a of this title. -CROSS- CROSS REFERENCES Policing of Capitol building and grounds, see section 212a of this title. Use of Capitol Grounds as playground prohibited, see section 214 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-1 of this title. ------DocID 44042 Document 288 of 816------ -CITE- 40 USC Sec. 193a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193a. United States Capitol Grounds; area comprising; jurisdiction -STATUTE- The United States Capitol Grounds shall comprise all squares, reservations, streets, roadways, walks, and other areas as defined on a map entitled 'Map showing areas comprising United States Capitol Grounds', dated June 25, 1946, approved by the Architect of the Capitol and recorded in the Office of the Surveyor of the District of Columbia in book 127, page 8, including all additions added thereto by law subsequent to June 25, 1946, and the jurisdiction and control over the United States Capitol Grounds, vested prior to July 31, 1946 by law in the Architect of the Capitol, is extended to the entire area of the United States Capitol Grounds, and the Architect of the Capitol shall be responsible for the maintenance and improvement thereof, including those streets and roadways in said United States Capitol Grounds as shown on said map as being under the jurisdiction and control of the Commissioners of the District of Columbia, except that the Mayor of the District of Columbia shall be responsible for the maintenance and improvement of those portions of the following streets which are situated between the curblines thereof: Constitution Avenue from Second Street Northeast to Third Street Northwest, First Street from D Street N.E. to D Street S.E., D Street from First Street S.E. to Canal Street S.W., and First Street from the north side of Louisiana Avenue to the intersection of C Street and Canal Street S.W., Pennsylvania Avenue Northwest from First Street Northwest to Third Street Northwest, Maryland Avenue Southwest from First Street Southwest to Third Street Southwest, Second Street Northeast from F Street Northeast to C Street Southeast; C Street Southeast from Second Street Southeast to First Street Southeast; that portion of Maryland Avenue Northeast from Second Street Northeast to First Street Northeast; that portion of New Jersey Avenue Northwest from D Street Northwest to Louisiana Avenue; that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; that portion of Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street: Provided, That the Mayor of the District of Columbia shall be permitted to enter any part of said United States Capitol Grounds for the purpose of repairing or maintaining or, subject to the approval of the Architect of the Capitol, for the purpose of constructing or altering, any utility service of the District of Columbia government. -SOURCE- (July 31, 1946, ch. 707, Sec. 1, 60 Stat. 718; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(a), 81 Stat. 275; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, title VII, Sec. 739(g)(7), 87 Stat. 789, 829; Oct. 10, 1980, Pub. L. 96-432, Sec. 2, 94 Stat. 1852.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-106. -MISC3- AMENDMENTS 1980 - Pub. L. 96-432 substituted 'Constitution Avenue from Second Street Northeast to Third Street Northwest' and 'C Street and Canal Street S.W., Pennsylvania Avenue Northwest from First Street Northwest to Third Street Northwest, Maryland Avenue Southwest from First Street Southwest to Third Street Southwest, Second Street Northeast from F Street Northeast to C Street Southeast; C Street Southeast from Second Street Southeast to First Street Southeast; that portion of Maryland Avenue Northeast from Second Street Northeast to First Street Northeast; that portion of New Jersey Avenue Northwest from D Street Northwest to Louisiana Avenue; that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; that portion of Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street: Provided' for 'Constitution Avenue from First Street N.E. to Second Street N.W.' and 'C Street and Canal Street S.W.: Provided', respectively. 1973 - Pub. L. 93-198 substituted ', including those streets and roadways in said United States Capitol Grounds as shown on said map as being under the jurisdiction and control of the Commissioners of the District of Columbia, except that the Commissioner of the District of Columbia shall be responsible for the maintenance and improvement of those portions of the following streets which are situated between the curblines thereof: Constitution Avenue from First Street N.E. to Second Street N.W., First Street from D Street N.E. to D Street S.E., D Street from First Street S.E. to Canal Street S.W., and First Street from the north side of Louisiana Avenue to the intersection of C Street and Canal Street S.W.: Provided,' for ': Provided, That those streets and roadways as being under the jurisdiction and control of the Commissioner of the District of Columbia shall continue under such jurisdiction and control, and said Commissioner shall be responsible for the maintenance and improvement thereof: Provided further,'. 1967 - Pub. L. 90-108 inserted 'including all additions added thereto by law subsequent to June 25, 1946,' after 'book 127, page 8', and struck out 'as defined on the aforementioned map' after 'the entire area of the United States Capitol Grounds'. EFFECTIVE DATE OF 1980 AMENDMENT Section 4 of Pub. L. 96-432 provided that: 'The foregoing provisions of this Act (amending this section and enacting provisions set out as notes below) shall take effect upon the expiration of the thirty-day period following the date of the enactment of this Act (Oct. 10, 1980).' EFFECTIVE DATE OF 1973 AMENDMENT Section 771 of Pub. L. 93-198 provided that the amendment made by Pub. L. 93-198 is effective on Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974. EFFECTIVE DATE OF 1967 AMENDMENT Section 3 of Pub. L. 90-108 provided that: 'Prosecutions for violations of the Act of July 31, 1946 (60 Stat. 718; 40 U.S.C. 193a et seq.; D.C. Code 9-118 et seq. (9-106 et seq.)) (sections 193a to 193m, 212a, 212a-2, and 212b of this title) and of section 15 of the Act of July 29, 1892 (27 Stat. 325; D.C. Code 4-120 (4-116), 22-3111) (section 101 of this title), occurring prior to the enactment of these amendments (Oct. 20, 1967) shall not be affected by these amendments or abated by reason thereof. The provisions of this Act (amending sections 101, 193a, 193f, 193h and 193m of this title) shall be applicable to violations occurring after its enactment (Oct. 20, 1967).' -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'Commissioner' and for 'Commissioners' the second time appearing. -MISC5- EXTENSION OF UNITED STATES CAPITOL GROUNDS Pub. L. 97-379, Dec. 22, 1982, 96 Stat. 1935, provided: 'That section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a), is amended to include within the definition of the United States Capitol Grounds the following additional areas which are situated as follows: '(1) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the south side of Pennsylvania Avenue, Northwest, between the west curb of First Street, Northwest and the east curb of Third Street, Northwest. '(2) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the north side of Maryland Avenue, Southwest, between the west curb of First Street, Southwest and the east curb of Third Street, Southwest. '(3) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the west side of First Street between the south curb of Pennsylvania Avenue, Northwest and the north curb of Maryland Avenue, Southwest. '(4) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the east side of Third Street between the south curb of Pennsylvania Avenue, Northwest and the north curb of Maryland Avenue, Southwest.' Section 1 of Pub. L. 96-432 provided: 'That section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a), is amended to include within the definition of the United States Capitol Grounds the following additional areas and portions of streets which are situated as follows: '(1) that portion of D Street Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast; '(2) that portion of Second Street Northeast and Southeast from the south curb of F Street Northeast to the south curb of C Street Southeast; '(3) that portion of Constitution Avenue Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast; '(4) that portion of Pennsylvania Avenue Northwest from the west curb of First Street Northwest to the east curb of Third Street Northwest; '(5) that portion of Maryland Avenue Southwest from the west curb of First Street Southwest to the east curb of Third Street Southwest; '(6) that portion of Constitution Avenue Northwest from the east curb of Second Street Northwest to the east curb of Third Street Northwest; '(7) that portion of Independence Avenue Southwest from the west curb of First Street Southwest to the east curb of Third Street Southwest; '(8) that portion of Maryland Avenue Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast; '(9) that portion of East Capitol Street from the east curb of Second Street Southeast to the east curb of First Street Southeast; '(10) that portion of Independence Avenue Southeast from the east curb of Second Street Southeast to the east curb of First Street Southeast; '(11) that portion of C Street Southeast from the east curb of Second Street Southeast to the east curb of First Street Southeast; '(12) that portion of North Capitol Street from the south curb of Massachusetts Avenue to the north curb of Louisiana Avenue; '(13) that portion of New Jersey Avenue Northwest from the north curb of D Street Northwest to the north curb of Louisiana Avenue; '(14) that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; '(15) that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; '(16) that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; '(17) that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; '(18) that portion of Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street; and '(19) all that area contiguous to, and surrounding, square numbered 724 from the property line thereof to the contiguous curb; '(20) those areas contiguous to, and surrounding, the areas comprising the grounds of the United States Botanic Garden from the property line of such grounds to the contiguous curb; '(21) all that area contiguous to, and surrounding, the structures comprising the United States Capitol Power Plant, from the building lines of such structures to the contiguous curbs; and '(22) all that area contiguous to, and surrounding, square numbered 581 from the property line thereof to the contiguous curb.' Pub. L. 93-198, title VII, Sec. 739(g)(3), Dec. 24, 1973, 87 Stat. 828, effective Jan. 2, 1975, (title IV of Pub. L. 93-198 having been accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum conducted May 8, 1974), provided in part that the definition of United States Capitol Grounds should include the following streets: Independence Avenue from the west curb of First Street S.E. to the east curb of First Street S.W., New Jersey Avenue S.E. from the south curb of Independence Avenue to the north curb of D Street S.E., South Capitol Street from the south curb of Independence Avenue to the north curb of D Street; Delaware Avenue S.W. from the south curb of C Street S.W. to the North Curb of D Street S.W., C Street from the west curb of First Street S.E. to the intersection of First and Canal Streets, S.W., D Street from the west curb of First Street S.E. to the intersection of Canal Street and Delaware Avenue S.W., that part of First Street lying west of the outer face of the curb of the sidewalk on the east side thereof from D Street, N.E. to D Street S.E., that part of First Street within the east and west curblines thereof extending from the north side of Pennsylvania Avenue N.W. to the intersection of C Street and Canal Street S.W., including the two circles within such area, but that nothing in the inclusion of such streets should be construed as repealing, or otherwise altering, modifying, affecting, or superseding those provisions of law in effect prior to the vesting of authority in the United States Supreme Court police and Library of Congress police by title IV of Pub. L. 93-198 to make arrests in adjacent streets, including First Street N.E. and First Street S.E. JURISDICTION OF THE CAPITOL POLICE BOARD AND THE ARCHITECT OF THE CAPITOL Section 3 of Pub. L. 96-432 provided that: 'On and after the effective date of this section (see Effective Date of 1980 Amendment note set out above), that portion of C Street Northeast from the west curb of Second Street Northeast to the east curb of First Street Northeast shall be under the exclusive jurisdiction and control of the Capitol Police Board and the Architect of the Capitol in the same manner and to the same extent as such Board or the Architect of the Capitol has over other streets comprising the United States Capitol Grounds, and the Architect of the Capitol shall be responsible for the maintenance and improvement thereof.' UNITED STATES SUPREME COURT AND LIBRARY OF CONGRESS; JURISDICTIONAL BOUNDARIES Section 6(a), (b) of Pub. L. 96-432 provided that: '(a) Notwithstanding any other provisions of this Act (enacting section 212a-1 of this title, amending this section, and enacting provisions set out as notes under sections 193a and 193d of this title), with respect to those squares occupied by the United States Supreme Court and the Library of Congress, those streets or portions thereof referred to in the first section of this Act (set out as a note above) which surround such squares shall be considered a part of the Capitol Grounds only to the face of the curbs contiguous to such squares. '(b) Nothing in this Act shall be construed as repealing, or otherwise altering, modifying, affecting, or superseding those provisions of law in effect on the date immediately preceding the date of the enactment of this Act (Oct. 10, 1980) vesting authority in the United States Supreme Court Police and the Library of Congress Police to make arrests in adjacent streets.' ARCHITECT OF THE CAPITOL; ACQUISITION OF ADDITIONAL PROPERTY Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 64, provided in part: 'That upon acquisition of such real property pursuant to this paragraph (incorporating by reference the provisions of Pub. L. 96-432, Oct. 10, 1980, 94 Stat. 1851, which related to the acquisition of property in squares 693, 640, and 582 in the District of Columbia), the structure located on lot 801 of square 693 shall become a part of the House Office Buildings, subject to the provisions of the Act of July 31, 1946 (40 U.S.C. secs. 193a through 193m, 212a(, 212a-2,) and 212b), including any amendments thereto, which are applicable to the Capitol Buildings, and to the Act of March 4, 1907 (40 U.S.C. 175).' Sections 7-10 of Pub. L. 96-432 provided that: 'Sec. 7. (a) The Architect of the Capitol, under the direction of the House Office Building Commission, is hereby authorized to acquire, on behalf of the United States, by purchase, condemnation, transfer, or otherwise, for addition to the United States Capitol Grounds, all publicly or privately owned property contained in lot 49 in square 582; lot 70 in square 640; and lots 1, 2, 67, 79, 80, 800, 801, 807, 814 through 822, and 834 in square 693 in the District of Columbia (including all alleys or parts of alleys and streets within the lotlines and curblines surrounding such real property): Provided, That upon the acquisition of any such real property by the Architect of the Capitol on behalf of the United States, such property shall be subject to the provisions of the Act of July 31, 1946 (60 Stat. 718) (sections 193a to 193m, 212a, 212a-2, and 212b of this title and provisions set out as notes under sections 193a and 193h of this title) as amended in the same manner and to the same extent as all other areas comprising the United States Capitol Grounds. '(b) For the purposes of this section the properties authorized to be acquired hereunder, shall be deemed to extend to the outer face of the curbs of the squares in which they are located. '(c) There is hereby authorized to be appropriated to the Architect of the Capitol for the fiscal year ending September 30, 1981, the sum of $11,500,000 for the purpose of carrying out the provisions of this section, said appropriation to remain available until expended. 'Sec. 8. The acquisition of real property under this Act (enacting section 212a-1 of this title, amending this section, and enacting provisions set out as notes under sections 193a and 193d of this title) shall be conducted in accordance with the Act entitled 'Uniform Relocation Assistance and Land Acquisition Policies Act of 1970', Public Law 91-646, approved January 2, 1971 (42 U.S.C. 4601 et seq.), and any proceeding for condemnation brought in its course shall be conducted in accordance with the Act entitled 'An Act to provide for the acquisition of land in the District of Columbia for the use of the United States', approved March 1, 1929 (16 D.C. Code, secs. 1351-1368). 'Sec. 9. The Architect of the Capitol is authorized to enter into contracts and to make expenditures for grading and paving and such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of section 7 of this Act. 'Sec. 10. Any contract entered into pursuant to this Act or pursuant to any amendment made by this Act shall be effective only to such extent and in such amounts as may be provided in advance in an appropriation Act.' SOUND AND LIGHT PERFORMANCE FOR THE RE-CREATION OF THE EVOLUTION OF AMERICAN HISTORY Pub. L. 93-226, Dec. 29, 1973, 87 Stat. 943, provided: '(Sec. 1. Study and report by the United States Capitol Historical Society on the desirability and feasibility of sound and light performance for the re-creation of the evolution of American History) That, notwithstanding any other provision of law, the United States Capitol Historical Society is authorized, under direction of the Architect of the Capitol, to prepare a feasibility study to determine the desirability of installing within the United States Capitol Grounds, at the east front of the United States Capitol, all items of equipment and other facilities required for a sound and light performance, consisting of an interplay of light, music, narrative, and sound effects (without the use of live actors), which, when projected onto the imposing facade of the east front of the United States Capitol, will re-create the evolution of American history, based on a foundation of thorough historical research, subject to the following conditions: '(1) Such study and all expenditures connected therewith will be borne by the United States Capitol Historical Society. '(2) Upon completion of such study, the United States Capitol Historical Society, at its expense, will furnish the Architect of the Capitol a report detailing the results of such study, installations, and programs proposed, and estimates of cost required to implement such project without expense to the United States, including maintenance and operating expenses. '(3) The project may not be implemented, beyond the report stage, except as provided in section 2 hereof. 'Sec. 2. (Review of the report by the Architect of the Capitol and recommendations to Congressional Officials; implementation of the project) The Architect of the Capitol shall review such report and submit the same, with his recommendations, to the Speaker and majority and minority leaders of the House of Representatives and to the United States Senate Commission on Art and Antiquities. 'If the project, as presented, with or without modifications, meets with the approval of such House and Senate officials, the Architect of the Capitol, notwithstanding any other provision of law, is authorized after such approval - '(1) To accept in the name of the United States from the United States Capitol Historical Society, as a gift, such sum or sums as may be required to further implement such project, and such sum or sums when received, shall be credited as an addition to the appropriation account 'Capitol Buildings, Architect of the Capitol'. '(2) Subject to section 3 hereof, to expend such sum or sums for all items of equipment and other facilities required for the sound and light performance, and for any other items in connection therewith. 'Sec. 3. (Authority to enter into contracts and make payments) The Architect of the Capitol, under the direction of the House and Senate officials designated in section 2 hereof, is authorized to enter into contracts and to incur such other obligations and make such expenditures as may be necessary to carry out the provisions of said section 2. 'Sec. 4. (Availability and use of appropriated funds) Sums received under this joint resolution, when credited as an addition to the appropriation account 'Capitol Buildings, Architect of the Capitol', shall be available for expenditure and shall remain available until expended. Following completion of the installation, such sums may thereafter be used by the Architect of the Capitol, in whole or in part, to defray any expenses which he may incur for maintenance and operation.' APPLICATION OF SECTIONS 193A TO 193L, 212A, AND 212B TO OTHER LAWS Section 16(b) of act July 31, 1946, provided that nothing in sections 193a to 193l, 212a, 212a-2, or 212b of this title shall be construed to repeal, amend, alter or supersede the following: (1) sections 185a, 193 and 214 of this title, and (2) section 101 of this title, except as provided in section 212a of this title. ADDITIONS TO UNITED STATES CAPITOL GROUNDS SUBSEQUENT TO JUNE 25, 1946 John W. McCormack Residential Page School, United States Capitol Grounds provisions applicable, see section 184a of this title. Green park area use pending development for permanent page school use, subject to United States Capitol Grounds provisions, see section 508 of Pub. L. 92-607, ch. V, Oct. 31, 1972, 86 Stat. 1512, set out as a note under section 184a of this title. Senate Parking Facilities Site, acquisition of real property as site for parking facilities of Senate, subject to United States Capitol Grounds provisions, see section 508 of Pub. L. 92-607, ch. V, Oct. 31, 1972, 86 Stat. 1512, set out as a note under section 174b-1 of this title. ACQUISITION OF PROPERTY TO EXTEND ADDITIONAL SENATE OFFICE BUILDING Pub. L. 85-429, May 29, 1958, 72 Stat. 148 and Pub. L. 85-591, Aug. 6, 1958, 72 Stat. 495, authorized the Architect of the Capitol to acquire certain real property for purposes of extension of Additional Senate Office Building Site or for Additions to United States Capitol Grounds. ORDER OF THE HOUSE OFFICE BUILDING COMMISSION OCTOBER 17, 1967 WHEREAS, under authority of Section 1202 of Public Law 24, 84th Congress (69 Stat. 41), approved April 22, 1955, known as the 'Additional House Office Building Act of 1955', the Architect of the Capitol, at the direction of the House Office Building Commission, acquired during the period of 1955 to 1960, on behalf of the United States, by condemnation, seven squares in the District of Columbia, located south of Independence Avenue, in the vicinity of the United States Capitol Grounds, as a site for an additional office building and other necessary facilities for the House of Representatives and for additions to the United States Capitol Grounds; WHEREAS, under the aforesaid authority, the Architect of the Capitol, at the direction of the Commission, acquired in 1965 on behalf of the United States, through transfer from the Redevelopment Land Agency, Square 639, also located south of Independence Avenue, for an addition to the United States Capitol Grounds; WHEREAS, the aforesaid eight squares are identified and bound as follows: Square 635, bounded on the north by Independence Avenue, on the east by Delaware Avenue, on the west by First Street, on the south by C Street; Square 637, bounded on the north by C Street, on the east by South Capitol Street, on the west by Delaware Avenue, on the south by D Street; Square South of 635, bounded on the north by C Street, on the east by Delaware Avenue, on the west and south by Canal Street; Square 691, bounded on the north by C Street, on the east by New Jersey Avenue, on the west by South Capitol Street, on the south by D Street; Square 692, bounded on the north by C Street, on the east by First Street, on the west by New Jersey Avenue, on the south by D Street; Square 732 north, bounded on the north by Independence Avenue, on the east by Second Street, on the west by First Street, on the south by Carroll Street; Square 732 south, bounded on the north by Carroll Street, on the east by Second Street, on the west by First Street, on the south by C Street; and Square 639, bounded on the north by D Street, on the east by South Capitol Street, on the west and south by Canal Street; WHEREAS, title to all real property in these 8 squares is now vested in fee simple absolute in the United States of America; WHEREAS, subsequent to acquisition of these 8 squares, under the aforesaid authority, all alleys in these squares were closed and vacated, as were also Delaware Avenue between Independence Avenue and C Street and Carroll Street between First and Second Streets, by the Commissioners of the District of Columbia, and all areas between the property lines and outer faces of curbs surrounding these squares and Square 636 were transferred from the jurisdiction of the Commissioners of the District of Columbia to the jurisdiction of the Architect of the Capitol; WHEREAS, the Rayburn House Office Building has been constructed on Squares 635 and 636 (the latter square being already owned by the government and having been combined with Square 635 as a site for this building under the aforesaid authority), and the said building is now maintained by the Architect of the Capitol as a part of the House Office Buildings, and the sidewalks and other paved and grassed areas surrounding this building are now maintained as part of the Capitol Grounds; WHEREAS, underground garages for the House of Representatives have been constructed in Squares 637 and 691 and are now maintained by the Architect of the Capitol as part of the House Office Buildings, and the areas above these garages have been landscaped as a part of the Capitol Grounds; WHEREAS, Squares South of 635 and 639 have been developed as parking lots for automobiles for Members and employees of the House and are now maintained as part of the Capitol Grounds; WHEREAS, part of Square 692 is occupied by the Congressional Hotel, acquired by the Architect of the Capitol under the aforesaid authority and leased to the Knott Hotels Corporation for use as a hotel, and the remainder of this square has been converted into a parking lot for automobiles for Members and employees of the House and is now maintained as a part of the Capitol Grounds; WHEREAS, Squares 732 north and south were acquired as an addition to the Capitol Grounds, are now maintained as part of the Capitol Grounds, and will continue to be so maintained until such time as required for construction thereon of the Library of Congress James Madison Memorial Building, authorized by Public Law 89-260, approved October 19, 1965; WHEREAS, the aforesaid Additional House Office Building Act provides, in pertinent part, with respect to these properties, as follows: '* * * At such time or times as may be fixed by order of the House Office Building Commission, (1) any real property acquired under, or made available for the purposes of, this chapter shall become part of the United States Capitol Grounds and subject to the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes', approved July 31, 1946 (40 U.S.C., secs. 193a - 193m, 212a, (212a-2,) and 212b), and (2) the building and all facilities constructed pursuant to section 1201 of this chapter shall become subject to such Act approved July 31, 1946, and to the provisions of law relating to the control, supervision, and care of the House Office Building contained in the Act approved Mar. 4, 1907, as amended (40 U.S.C., sec. 175).' NOW, THEREFORE, in formal compliance with the aforecited provisions of the Additional House Office Building Act, the House Office Building Commission, in confirmation of actions heretofore taken by the Commission, hereby orders: 1. The Rayburn House Office Building, the subway connecting such building to the Capitol Building, the pedestrian tunnels connecting such building to the Longworth House Office Building, the underground garages in Squares 637 and 691 and the tunnels connecting these garages to the House Office Buildings, are hereby declared to be House Office Buildings and, as such, are hereby made subject to those provisions of the Act of July 31, 1946 (40 U.S.C., secs. 193a to 193m, 212a, (212a-2,) and 212b), including any amendments to such Act, which are applicable to the Capitol Buildings, and to the Act of Mar. 4, 1907 (40 U.S.C. 175). 2. All other real property acquired by the Architect of the Capitol under authority of the Additional House Office Building Act is hereby declared to be part of the United States Capitol Grounds and is hereby made subject to the Act of July 31, 1946 (40 U.S.C., secs. 193a to 193m, 212a, and 212b), including any amendments to such Act. 3. Nothing herein shall be construed to contravene (a) the provisions of Public Law 89-260 authorizing the future use of Squares 732 north and south as a site for the Library of Congress James Madison Memorial Building; or (b) the authority delegated by the House Office Building Commission to the Select House Committee under authority of H. Res. 514, 90th Congress, pertaining to the direction and supervision of the use and operation of the four House Garages and outdoor parking lots. 4. This order shall become effective immediately. HOUSE OFFICE BUILDING COMMISSION John W. McCormack, Chairman. Emanuel Celler, Member. Charles E. Goodell, Member. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71a, 136, 174b-1, 184a, 193h, 193i, 193k, 193l, 193m, 210, 212a of this title. ------DocID 44043 Document 289 of 816------ -CITE- 40 USC Sec. 193b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193b. Public use of Capitol Grounds -STATUTE- Public travel in and occupancy of said United States Capitol Grounds shall be restricted to the roads, walks, and places prepared for that purpose by flagging, paving, or otherwise. -SOURCE- (July 31, 1946, ch. 707, Sec. 2, 60 Stat. 718.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-108. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title. ------DocID 44044 Document 290 of 816------ -CITE- 40 USC Sec. 193c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193c. Obstruction of roads; conveyance of goods or merchandise; Capitol Grounds -STATUTE- It is forbidden to occupy the roads in said United States Capitol Grounds in such manner as to obstruct or hinder their proper use, or to use the roads in the area of said United States Capitol Grounds, south of Constitution Avenue and B Street and north of Independence Avenue and B Street, for the conveyance of goods or merchandise, except to or from the Capitol on Government service. -SOURCE- (July 31, 1946, ch. 707, Sec. 3, 60 Stat. 718.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-109. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title. ------DocID 44045 Document 291 of 816------ -CITE- 40 USC Sec. 193d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193d. Sale of articles; signs; solicitation; Capitol Grounds -STATUTE- It is forbidden to offer or expose any article for sale in said United States Capitol Grounds; to display any sign, placard, or other form of advertisement therein; to solicit fares, alms, subscriptions, or contributions therein. -SOURCE- (July 31, 1946, ch. 707, Sec. 4, 60 Stat. 718.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-110. -MISC3- RELOCATION OF VENDORS; TEMPORARY SUSPENSION OF PROHIBITION OF SALE OF ARTICLES, ETC. Pub. L. 96-432, Sec. 6(c), Oct. 10, 1980, 94 Stat. 1853, provided that, in order to provide a fair and reasonable transition period in which to permit the orderly relocation of those duly licensed vendors operating, as of Oct. 10, 1980, on those portions of Pennsylvania Avenue Northwest, and Maryland Avenue Southwest, hereby included in the definition of United States Capitol Grounds pursuant to section 1(4) and (5) (of Pub. L. 96-432, set out as a note under section 193a of this title), so much of the prohibitions contained in section 4 of the law of July 31, 1946 (60 Stat. 718) (this section), as would prevent the use of those portions of Pennsylvania Avenue Northwest, and Maryland Avenue Southwest, for the offer and exposure of articles for sale, be suspended for a period not to exceed one year. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a, 1205 of this title; title 2 section 121c. ------DocID 44046 Document 292 of 816------ -CITE- 40 USC Sec. 193e -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193e. Injuries to property; Capitol Grounds -STATUTE- It is forbidden to step or climb upon, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf in said United States Capitol Grounds. -SOURCE- (July 31, 1946, ch. 707, Sec. 5, 60 Stat. 718.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-111. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title. ------DocID 44047 Document 293 of 816------ -CITE- 40 USC Sec. 193f -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193f. Capitol Grounds and Buildings security -STATUTE- (a) Firearms, dangerous weapons, explosives, or incendiary devices It shall be unlawful for any person or group of persons - (1) Except as authorized by regulations which shall be promulgated by the Capitol Police Board: (A) to carry on or have readily accessible to the person of any individual upon the United States Capitol Grounds or within any of the Capitol Buildings any firearm, dangerous weapon, explosive, or incendiary device; or (B) to discharge any firearm or explosive, to use any dangerous weapon, or to ignite any incendiary device, upon the United States Capitol Grounds or within any of the Capitol Buildings; or (C) to transport by any means upon the United States Capitol Grounds or within any of the Capitol Buildings any explosive or incendiary device; or (2) Knowingly, with force and violence, to enter or to remain upon the floor of either House of the Congress. (b) Violent entry and disorderly conduct It shall be unlawful for any person or group of persons willfully and knowingly - (1) to enter or to remain upon the floor of either House of the Congress, to enter or to remain in any cloakroom or lobby adjacent to such floor, or to enter or to remain in the Rayburn Room of the House or the Marble Room of the Senate, unless such person is authorized, pursuant to rules adopted by that House or pursuant to authorization given by that House, to enter or to remain upon such floor or in such cloakroom, lobby, or room; (2) to enter or to remain in the gallery of either House of the Congress in violation of rules governing admission to such gallery adopted by that House or pursuant to authorization given by that House; (3) to enter or to remain in any room within any of the Capitol Buildings set aside or designated for the use of either House of the Congress or any Member, committee, subcommittee, officer, or employee of the Congress or either House thereof with intent to disrupt the orderly conduct of official business; (4) to utter loud, threatening, or abusive language, or to engage in any disorderly or disruptive conduct, at any place upon the United States Capitol Grounds or within any of the Capitol Buildings with intent to impede, disrupt, or disturb the orderly conduct of any session of the Congress or either House thereof, or the orderly conduct within any such building of any hearing before, or any deliberations of, any committee or subcommittee of the Congress or either House thereof; (5) to obstruct, or to impede passage through or within, the United States Capitol Grounds or any of the Capitol Buildings; (6) to engage in any act of physical violence upon the United States Capitol Grounds or within any of the Capitol Buildings; or (7) to parade, demonstrate, or picket within any of the Capitol Buildings. (c) Exemption of Government officials Nothing contained in this section shall forbid any act of any Member of the Congress, or any employee of a Member of the Congress, any officer or employee of the Congress or any committee or subcommittee thereof, or any officer or employee of either House of the Congress or any committee or subcommittee thereof, which is performed in the lawful discharge of his official duties. -SOURCE- (July 31, 1946, ch. 707, Sec. 6, 60 Stat. 718; Aug. 6, 1962, Pub. L. 87-571, 76 Stat. 307; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(b), 81 Stat. 276.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-112. -MISC3- AMENDMENTS 1967 - Pub. L. 90-108 struck out prohibition covering discharge of fireworks, ignition of combustibles, and making of harangues and orations, removed provisions making special allowance for use of construction tools actuated by or employing explosive charges, and inserted provisions prohibiting carrying or ready access to firearms, dangerous weapons, explosives, or incendiary devices upon the United States Capitol Grounds or within any of the Capitol Buildings, expanding area within which discharge of firearms or explosives are prohibited so as to include the interior of the Capitol Buildings, adding ignition of incendiary devices and use of dangerous weapons to list of acts prohibited within such areas, prohibiting transport of explosive or incendiary devices and knowing entry or stay with force and violence upon the floor of either House of Congress, prohibiting disorderly and disruptive conduct on the floor of either House of Congress, cloakrooms, adjacent lobbies, the Rayburn Room of the House or the Marble Room of the Senate, the gallery of either House, and Committee rooms, and excepting members and employees of the Congress in the lawful discharge of their official duties. 1962 - Pub. L. 87-571 permitted use of tools actuated by or employing explosives in construction, if the tools are of a kind ordinarily used for such construction, the Architect of the Capitol has authorized their use after determining they will not endanger life or safety, and such use is in accordance with his rules and regulations. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-108 effective Oct. 20, 1967, see section 3 of Pub. L. 90-108, set out as a note under section 193a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title. ------DocID 44048 Document 294 of 816------ -CITE- 40 USC Sec. 193g -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193g. Parades or assemblages; display of flags; Capitol Grounds -STATUTE- It is forbidden to parade, stand, or move in processions or assemblages in said United States Capitol Grounds, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement, except as hereinafter provided in sections 193j and 193k of this title. -SOURCE- (July 31, 1946, ch. 707, Sec. 7, 60 Stat. 719.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-113. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title. ------DocID 44049 Document 295 of 816------ -CITE- 40 USC Sec. 193h -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193h. Prosecution and punishment of offenses -STATUTE- (a) Firearms, dangerous weapons, explosives, or incendiary device offenses Any violation of section 193f(a) of this title, and any attempt to commit any such violation, shall be a felony punishable by a fine not exceeding $5,000, or imprisonment not exceeding five years, or both. (b) Other offenses Any violation of section 193b, 193c, 193d, 193e, 193f(b), or 193g of this title, and any attempt to commit any such violation, shall be a misdemeanor punishable by a fine not exceeding $500, or imprisonment not exceeding six months, or both. (c) Procedure Violations of sections 193a to 193m, 212a, 212a-2, and 212b of this title, including attempts or conspiracies to commit such violations, shall be prosecuted by the United States attorney or his assistants in the name of the United States. None of the general laws of the United States and none of the laws of the District of Columbia shall be superseded by any provision of said sections. Where the conduct violating said sections also violates the general laws of the United States or the laws of the District of Columbia, both violations may be joined in a single prosecution. Prosecution for any violation of section 193f(a) of this title or for conduct which constitutes a felony under the general laws of the United States or the laws of the District of Columbia shall be in the United States District Court for the District of Columbia. All other prosecutions for violations of said sections may be in the Superior Court of the District of Columbia. Whenever any person is convicted of a violation of said sections and of the general laws of the United States or the laws of the District of Columbia, in a prosecution under this subsection, the penalty which may be imposed for such violation is the highest penalty authorized by any of the laws for violation of which the defendant is convicted. -SOURCE- (July 31, 1946, ch. 707, Sec. 8, 60 Stat. 719; July 8, 1963, Pub. L. 88-60, Sec. 1, 7, 77 Stat. 77, 78; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(c), 81 Stat. 277; July 29, 1970, Pub. L. 91-358, title I, Sec. 155(a), 84 Stat. 570.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-114. -MISC3- AMENDMENTS 1967 - Pub. L. 90-108 struck out provisions setting a blanket punishment of not exceeding $100 or imprisonment not exceeding 60 days for offenses against sections 193b to 193g of this title, with prosecution for such offenses to be had in the District of Columbia Court of General Sessions upon information by the United States Attorney or any of his assistants and raising the imprisonment to not more than five years in cases where public property is damaged in an amount exceeding $100 and inserted provisions dividing the offenses into felonies and misdemeanors with different punishments for each and setting out the procedures to be followed in the prosecution for such felonies or misdemeanors, including provisions when the conduct involved violates both the general laws of the United States and the District of Columbia in addition to sections 193a to 193m, 212a, 212a-2, and 212b, of this title. -CHANGE- CHANGE OF NAME 'District of Columbia Court of General Sessions' was changed to 'Superior Court of the District of Columbia' pursuant to Pub. L. 91-358, which provides that such change is effective the first day of the seventh calendar month which begins after July 29, 1970. 'District of Columbia Court of General Sessions' was the designation given to the 'Municipal Court for the District of Columbia' by Pub. L. 88-60, Sec. 1, 7, July 8, 1963, 77 Stat. 77, 78, which provided that, eff. Jan. 1, 1963, whenever reference is made in any Act of Congress to the 'Municipal Court for the District of Columbia', such reference shall be held to be a reference to the 'District of Columbia Court of General Sessions.' -MISC4- EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-108 effective Oct. 20, 1967, see section 3 of Pub. L. 90-108, set out as a note under section 193a of this title. OFFENSES COMMITTED PRIOR TO JULY 31, 1946 Section 15 of act July 31, 1946, provided that: 'Any violation of any of the provisions of said Acts hereby repealed (sections 194 to 205 and 213 of this title), occurring before the date of this repeal (July 31, 1946), may be prosecuted to the same extent as if this Act (enacting sections 193a to 193m, 212a, 212a-2, and 212b of this title) had not been enacted.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193i, 193k, 193l, 193m, 212a of this title. ------DocID 44050 Document 296 of 816------ -CITE- 40 USC Sec. 193i -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193i. Assistance to authorities by Capitol employees -STATUTE- It shall be the duty of all persons employed in the service of the Government in the Capitol or in the United States Capitol Grounds to prevent, as far as may be in their power, offenses against sections 193a to 193m, 212a, 212a-2, and 212b of this title, and to aid the police, by information or otherwise, in securing the arrest and conviction of offenders. -SOURCE- (July 31, 1946, ch. 707, Sec. 10, 60 Stat. 719.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-123. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193k, 193l, 193m, 212a of this title. ------DocID 44051 Document 297 of 816------ -CITE- 40 USC Sec. 193j -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193j. Suspension of prohibitions against use of grounds -STATUTE- In order to admit of the due observance within the United States Capitol Grounds of occasions of national interest becoming the cognizance and entertainment of Congress, the President of the Senate and the Speaker of the House of Representatives, acting concurrently, are authorized to suspend for such proper occasions so much of the prohibitions contained in sections 193b to 193g of this title as would prevent the use of the roads and walks of the said grounds by processions or assemblages, and the use upon them of suitable decorations, music, addresses, and ceremonies: Provided, That responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of said President of the Senate and Speaker of the House of Representatives, for the maintenance of suitable order and decorum in the proceedings, and for guarding the Capitol and its grounds from injury. -SOURCE- (July 31, 1946, ch. 707, Sec. 11, 60 Stat. 719.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-124. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193g, 193h, 193i, 193k, 193l, 193m, 212a of this title. ------DocID 44052 Document 298 of 816------ -CITE- 40 USC Sec. 193k -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193k. Power of Capitol Police Board to suspend prohibitions -STATUTE- In the absence from Washington of either of the officers, designated in section 193j of this title, the authority therein given to suspend certain prohibitions of sections 193a to 193m, 212a, 212a-2, and 212b of this title shall devolve upon the other, and in the absence from Washington of both it shall devolve upon the Capitol Police Board: Provided, That notwithstanding the provisions of sections 193g and 193j of this title, the Capitol Police Board is authorized to grant the Mayor of the District of Columbia authority to permit the use of Louisiana Avenue for any of the purposes prohibited by section 193g of this title. -SOURCE- (July 31, 1946, ch. 707, Sec. 12, 60 Stat. 719; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-125. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193g, 193h, 193i, 193l, 193m, 212a of this title. ------DocID 44053 Document 299 of 816------ -CITE- 40 USC Sec. 193l -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193l. Concerts on grounds -STATUTE- Nothing in sections 193a to 193k, 212a, and 212a-2 of this title shall be construed to prohibit the giving of concerts in the United States Capitol Grounds, at such times as will not interfere with the Congress, by any band in the service of the United States, when and as authorized by the Architect of the Capitol. -SOURCE- (July 31, 1946, ch. 707, Sec. 13, 60 Stat. 720.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-126. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193k, 193m, 212a of this title. ------DocID 44054 Document 300 of 816------ -CITE- 40 USC Sec. 193m -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193m. Definitions -STATUTE- As used in sections 193a to 193m, 212a, 212a-2, and 212b of this title - (1) The term 'Capitol Buildings' means the United States Capitol, the Senate and House Office Buildings and garages, the Capitol Power Plant, all subways and enclosed passages connecting two or more of such structures, and the real property underlying and enclosed by any such structure. (2) The term 'firearm' shall have the same meaning as when used in section 901(3) of title 15. (3) The term 'dangerous weapon' includes all articles enumerated in section 14(a) of the Act of July 8, 1932 (47 Stat. 654, as amended; D.C. Code, sec. 22-3214(a)) and also any device designed to expel or hurl a projectile capable of causing injury to persons or property, daggers, dirks, stilettoes, and knives having blades over three inches in length. (4) The term 'explosive' shall have the same meaning as when used in section 121(1) of title 50. (5) The term 'act of physical violence' means any act involving (1) an assault or any other infliction or threat of infliction of death or bodily harm upon any individual, or (2) damage to or destruction of any real property or personal property. -SOURCE- (July 31, 1946, ch. 707, Sec. 16(a), 60 Stat. 721; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(d), 81 Stat. 277.) -REFTEXT- REFERENCES IN TEXT Section 901(3) of title 15, referred to in par. (2), was repealed by Pub. L. 90-351, title IX, Sec. 906, June 19, 1968, 82 Stat. 234. For regulation of firearms, see chapter 44 (Sec. 921 et seq.) of Title 18, Crimes and Criminal Procedure. Section 121 of title 50, referred to in par. (4), was repealed by Pub. L. 91-452, title XI, Sec. 1106(a), Oct. 15, 1970, 84 Stat. 960. For regulation of explosives, see chapter 40 (Sec. 841 et seq.) of Title 18. -COD- CODIFICATION Section is comprised of subsection (a) of section 16 of act of July 31, 1946. Subsection (b) of section 16 is set out as a note under section 193a of this title. Section is also set out in D.C. Code, Sec. 9-128. -MISC3- AMENDMENTS 1967 - Pub. L. 90-108 struck out provision exempting inside of Capitol Buildings from applicability of sections 193a to 193l, 212a, 212a-2, and 212b of this title, enlarged definition of 'Capitol Buildings' to include garages, subways and enclosed passages and the real property underlying and enclosed by certain enumerated structures, and defined 'firearm', 'dangerous weapon', 'explosive', and 'act of physical violence'. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-108 effective Oct. 20, 1967, see section 3 of Pub. L. 90-108, set out as a note under section 193a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71a, 136, 174b-1, 184a, 193h, 193i, 193k, 210, 212a of this title. ------DocID 44055 Document 301 of 816------ -CITE- 40 USC Sec. 193m-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193m-1. Audit for private organizations conducting activities or performing services in or on United States Capitol Buildings or Grounds; report to Congress -STATUTE- Any private organization, except political parties and committees constituted for election of Federal officials, whether or not organized for profit and whether or not any of its income inures to the benefit of any person, which performs services or conducts activities in or on the United States Capitol Buildings or Grounds, as defined by or pursuant to law, shall be subject, for each year in which it performs such services or conducts such activities, to a special audit of its accounts which shall be conducted by the General Accounting Office. The results of such audit shall be reported by the Comptroller General to the Senate and House of Representatives. -SOURCE- (Pub. L. 91-510, title IV, Sec. 451, Oct. 26, 1970, 84 Stat. 1193.) -MISC1- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1205 of this title; title 36 section 1213. ------DocID 44056 Document 302 of 816------ -CITE- 40 USC Sec. 193n -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193n. Smithsonian Institution; policing of buildings and grounds -STATUTE- Subject to section 5375 of title 5, the Secretary of the Smithsonian Institution and the Trustees of the National Gallery of Art, or their authorized representatives, may designate employees of their respective agencies as special policemen, without additional compensation for duty in connection with the policing of the respective buildings and grounds specified in section 193v of this title. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 1, 65 Stat. 634; June 30, 1969, Pub. L. 91-34, Sec. 2(c), 83 Stat. 41.) -COD- CODIFICATION Reference to section 5375 of title 5 substituted in text for section 5365 of title 5 on authority of Pub. L. 95-454, Sec. 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221, which redesignated sections 5361 through 5365 of title 5 as sections 5371 through 5375 of title 5. -MISC3- AMENDMENTS 1969 - Pub. L. 91-34 inserted provision that appointive power of Secretary and Trustees be subject to section 5365 of title 5. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-34 effective at beginning of first pay period which commences on or after June 30, 1969, see section 3(a) of Pub. L. 91-34, set out as an Effective Date note under section 5375 of Title 5, Government Organization and Employees. REDUCTION OF BASIC PAY RATE Rate of basic pay not to be reduced by reason of the enactment of Pub. L. 91-34, which amended this section, see section 3(b) of Pub. L. 91-34, set out as a note under section 5375 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 193t, 193v, 193r, 193x of this title. ------DocID 44057 Document 303 of 816------ -CITE- 40 USC Sec. 193o -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193o. Public use of Smithsonian grounds -STATUTE- Public travel in and occupancy of the specified grounds is restricted to the sidewalks and other paved surfaces, except in the National Zoological Park. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 2, 65 Stat. 634.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 193r, 193s, 193t, 193u, 193v, 193x of this title. ------DocID 44058 Document 304 of 816------ -CITE- 40 USC Sec. 193p -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193p. Sale of articles; signs; solicitation; Smithsonian grounds -STATUTE- It shall be unlawful for anyone other than an authorized employee or concessionaire to offer or expose any article for sale within the specified buildings or grounds; or to display any sign, placard, or other form of advertisement; or to solicit alms, subscriptions, or contributions therein. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 3, 65 Stat. 634.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 193r, 193s, 193t, 193u, 193v, 193x of this title. ------DocID 44059 Document 305 of 816------ -CITE- 40 USC Sec. 193q -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193q. Injury to property; Smithsonian grounds -STATUTE- It shall be unlawful for anyone other than an authorized employee to touch or handle objects of art or scientific or historical objects on exhibition, or for anyone to step or climb upon, remove, or in any way injure any object of art, exhibit, including exhibit animals, equipment, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, within the specified buildings or grounds. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 4, 65 Stat. 634.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 193r, 193s, 193t, 193u, 193v, 193x of this title. ------DocID 44060 Document 306 of 816------ -CITE- 40 USC Sec. 193r -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193r. Additional protective regulations; publication; Smithsonian grounds -STATUTE- (a) In addition to the restrictions and requirements specified in sections 193o to 193q of this title, the Secretary of the Smithsonian Institution and the Trustees of the National Gallery of Art may prescribe for their respective agencies such regulations as are deemed necessary for the adequate protection of the specified buildings and grounds and of persons and property therein, and for the maintenance of suitable order and decorum within the specified buildings and grounds, including the control of traffic and parking of vehicles in the National Zoological Park and all other areas in the District of Columbia under their control. (b) All regulations promulgated under the authority of this section shall be printed in the Federal Register and shall not become effective until the expiration of ten days after the date of such publication. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 5, 65 Stat. 634; Aug. 1, 1964, Pub. L. 88-391, Sec. 1, 78 Stat. 365.) -MISC1- AMENDMENTS 1964 - Subsec. (a). Pub. L. 88-391 inserted 'and all other areas in the District of Columbia under their control'. -CROSS- CROSS REFERENCES Power to arrest of special police, see section 193t of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 193s, 193t, 193v of this title. ------DocID 44061 Document 307 of 816------ -CITE- 40 USC Sec. 193s -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193s. Prosecution and punishment; Smithsonian grounds -STATUTE- Whoever violates any provision of sections 193o to 193q of this title, or any regulation prescribed under section 193r of this title, shall be fined not more than $100 or imprisoned not more than sixty days, or both, prosecution for such offenses to be had in the Superior Court of the District of Columbia, upon information by the United States attorney or any of his assistants: Provided, That in any case where, in the commission of such offense, property is damaged in an amount exceeding $100, the amount of the fine for the offense may be not more than $5,000, the period of imprisonment for the offense may be not more than five years and prosecution shall be had in the United States District Court for the District of Columbia by indictment, or if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment, by information by the United States attorney or any of his assistants. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 6, 65 Stat. 635; Oct. 23, 1962, Pub. L. 87-873, Sec. 1, 76 Stat. 1171; July 8, 1963, Pub. L. 88-60, Sec. 1, 77 Stat. 77; July 29, 1970, Pub. L. 91-358, title I, Sec. 155(a), 84 Stat. 570.) -CHANGE- CHANGE OF NAME 'District of Columbia Court of General Sessions' substituted for 'Municipal Court for the District of Columbia' pursuant to Pub. L. 87-873 and Pub. L. 88-60 which both redesignated 'Municipal Court for the District of Columbia' as 'District of Columbia Court of General Sessions'. 'District of Columbia Court of General Sessions' changed to 'Superior Court of the District of Columbia' pursuant to Pub. L. 91-358, which provides that such change is effective first day of seventh calendar month which begins after July 29, 1970. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 193v of this title. ------DocID 44062 Document 308 of 816------ -CITE- 40 USC Sec. 193t -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193t. Police power; Smithsonian grounds -STATUTE- The special police provided for in section 193n of this title shall have the power, within the specified buildings and grounds, to enforce and make arrests for violations of any provision of sections 193o to 193q of this title, of any regulation prescribed under section 193r of this title, or of any law of the United States or of any State or any regulation promulgated pursuant thereto, and they may be furnished, without charge, with uniforms and such other equipment as may be necessary for the proper performance of their duties, including badges, revolvers, and ammunition. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 7, 65 Stat. 635; Aug. 1, 1964, Pub. L. 88-391, Sec. 2, 78 Stat. 365.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-391 authorized furnishing without charge of uniforms and other necessary equipment including badges, revolvers, and ammunition. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 193v of this title. ------DocID 44063 Document 309 of 816------ -CITE- 40 USC Sec. 193u -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193u. Suspension of regulations; Smithsonian grounds -STATUTE- In order to permit authorized services, training programs, and ceremonies within the specified buildings and grounds, the Secretary of the Smithsonian Institution or the Trustees of the National Gallery of Art or their designated representatives may suspend for their respective agencies so much of the prohibitions contained in sections 193o to 193q of this title as may be necessary for the occasion or circumstance, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Secretary of the Smithsonian Institution or the Trustees of the National Gallery of Art or their designees, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the specified buildings and grounds and of persons and property therein. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 8, 65 Stat. 635.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 193v of this title. ------DocID 44064 Document 310 of 816------ -CITE- 40 USC Sec. 193v -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193v. 'Buildings and grounds' defined -STATUTE- For the purpose of sections 193n to 193x of this title 'buildings and grounds' shall mean - (1) The Smithsonian Institution and its grounds which shall be construed to include the following: (A) the Smithsonian Building, the Arts and Industries Building, the Freer Gallery of Art Building, the Air and Space Building, the Museum of Natural History, the National Museum of American History Building, and all other buildings of the Smithsonian Institution within the Mall, including the entrance walks, unloading areas, and other pertinent service roads and parking areas; (B) the National Zoological Park comprising all the buildings, streets, service roads, walks, and other areas within the boundary fence of the National Zoological Park in the District of Columbia and including the public space between the said fence and the face of the curb lines of the adjacent city streets; and (C) all buildings, service roads, walks, and other areas within the exterior boundaries of any real estate or land or interest in land (including temporary use) which shall hereafter be acquired by the Smithsonian Institution by gift, purchase, exchange of Government-owned land, or otherwise, when determined by the Secretary of the Institution to be necessary for the adequate protection of persons or property therein and suitable for administration as a part of the Smithsonian Institution. (2) The National Gallery of Art and its grounds, which shall be held to extend (A) to the line of the face of the south curb of Constitution Avenue Northwest, between Seventh Street Northwest, and Fourth Street Northwest, to the line of the face of the west curb of Fourth Street Northwest, between Constitution Avenue Northwest, and Madison Drive Northwest; to the line of the face of the north curb of Madison Drive Northwest, between Fourth Street Northwest, and Seventh Street Northwest; and to the line of the face of the east curb of Seventh Street Northwest, between Madison Drive Northwest, and Constitution Avenue Northwest; (B) to the line of the face of the south curb of Pennsylvania Avenue Northwest, between Fourth Street and Third Street Northwest, to the line of the face of the west curb of Third Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest, to the line of the face of the north curb of Madison Drive Northwest, between Third Street and Fourth Street Northwest, and to the line of the face of the east curb of Fourth Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 9, 65 Stat. 635; Aug. 1, 1964, Pub. L. 88-391, Sec. 3, 78 Stat. 366; July 5, 1968, Pub. L. 90-376, Sec. 3, 82 Stat. 286; Oct. 13, 1980, Pub. L. 96-441, Sec. 3, 94 Stat. 1884.) -MISC1- AMENDMENTS 1968 - Par. (2). Pub. L. 90-376 designated existing provisions as cl. (A) and added cl. (B). 1964 - Pub. L. 88-391 amended section generally, and among other changes, redescribed buildings and grounds of the Smithsonian Institution and provided for inclusion of future acquisitions of land and buildings. -CHANGE- CHANGE OF NAME 'National Museum of American History' substituted for 'Museum of History and Technology' in par. (1)(A), effective Oct. 14, 1980, pursuant to section 3 of Pub. L. 96-441 which is set out as a note under section 71 of Title 20, Education. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 193n of this title. ------DocID 44065 Document 311 of 816------ -CITE- 40 USC Sec. 193w -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193w. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 660 -MISC1- Section, act Oct. 24, 1951, ch. 559, Sec. 10, as added Sept. 23, 1959, Pub. L. 86-379, Sec. 1, 73 Stat. 702, provided for the classification of positions on National Zoological Park police force. Such provisions were reenacted in section 5109(c) of Title 5, Government Organization and Employees, by Pub. L. 89-554, and were later repealed by Pub. L. 91-34, Sec. 2(b), June 30, 1969, 83 Stat. 41. Pub. L. 89-554 also repealed sections 2 and 3 of Pub. L. 86-379, which prescribed the effective date of Pub. L. 86-379 and provided for certain pay adjustments. ------DocID 44066 Document 312 of 816------ -CITE- 40 USC Sec. 193x -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193x. Enforcement power of special police -STATUTE- The special police provided for in section 193n of this title are authorized to enforce concurrently with the United States Park Police the laws and regulation applicable to the National Capital Parks, and to make arrests for violations of sections 193o to 193q of this title, within the several areas located within the exterior boundaries of the face of the curb lines of the squares within which the aforementioned buildings are located. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 11, as added Aug. 1, 1964, Pub. L. 88-391, Sec. 4, 78 Stat. 366.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 193v of this title. ------DocID 44067 Document 313 of 816------ -CITE- 40 USC Sec. 194 to 205 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 194 to 205. Repealed. July 31, 1946, ch. 707, Sec. 15, 60 Stat. 720 -MISC1- Section 194, acts July 1, 1882, ch. 258, Sec. 1, 22 Stat. 126; Mar. 3, 1901, ch. 854, Sec. 881, 31 Stat. 1333, related to public use of Capitol grounds. See section 193b of this title. Section 195, acts July 1, 1882, ch. 258, Sec. 2, 22 Stat. 126; Mar. 3, 1901, ch. 854, Sec. 882, 31 Stat. 1333, related to obstruction of roads in Capitol grounds. See section 193c of this title. Section 196, acts July 1, 1882, ch. 258, Sec. 3, 22 Stat. 126; Mar. 3, 1901, ch. 854, Sec. 883, 31 Stat. 1333, related to sale of articles in Capitol grounds. See section 193d of this title. Section 197, acts July 1, 1882, ch. 258, Sec. 4, 22 Stat. 126; Mar. 3, 1901, ch. 854, Sec. 884, 31 Stat. 1333, related to injury to property in Capitol grounds. See section 193e of this title. Section 198, acts July 1, 1882, ch. 258, Sec. 5, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 885, 31 Stat. 1333, related to firearms or fireworks in Capitol grounds. See section 193f of this title. Section 199, acts July 1, 1882, ch. 258, Sec. 6, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 886, 31 Stat. 1333, related to parades or assemblages in Capitol grounds. See section 193g of this title. Section 200, acts July 1, 1882, ch. 258, Sec. 7, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 887, 31 Stat. 1333, related to prosecution and punishment of offenses on Capitol grounds. See section 193h of this title. Section 201, acts July 1, 1882, ch. 258, Sec. 8, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 888, 31 Stat. 1334, related to arrests in Capitol grounds. See section 212a of this title. Section 202, acts July 1, 1882, ch. 258, Sec. 9, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 889, 31 Stat. 1334, related to aid in enforcement by Capitol employees. See section 193i of this title. Section 203, acts July 1, 1882, ch. 258, Sec. 10, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 890, 31 Stat. 1334, related to suspension of regulations respecting Capitol grounds. See section 193j of this title. Section 204, acts July 1, 1882, ch. 258, Sec. 11, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 890, 31 Stat. 1334, related to authority of Capitol Police Commission to suspend regulations. See section 193k of this title. Section 205, act June 6, 1900, ch. 791, 31 Stat. 613, related to concerts in Capitol grounds. See section 193l of this title. OFFENSES COMMITTED PRIOR TO JULY 31, 1946 Prosecution of offenses committed prior to repeal of sections 194 to 205, see section 15 of act July 31, 1946, set out as a note under section 193h of this title. ------DocID 44068 Document 314 of 816------ -CITE- 40 USC Sec. 206 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 206. Capitol Police; appointment; Chief of the Capitol Police -STATUTE- There shall be a Capitol police. There shall be a captain of the Capitol police and such other members with such rates of compensation, respectively, as may be appropriated for by Congress from year to year. The captain and lieutenants shall be selected jointly by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives; and one-half of the privates shall be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House of Representatives. The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board. -SOURCE- (R.S. Sec. 1821; Apr. 28, 1902, ch. 594, 32 Stat. 124; June 28, 1943, ch. 173, title I, 57 Stat. 230; Dec. 20, 1979, Pub. L. 96-152, Sec. 1(a), 93 Stat. 1099.) -COD- CODIFICATION Section is a composite of provisions cited in the credits. R.S. Sec. 1821 derived from acts Mar. 2, 1867, ch. 167, Sec. 2, 14 Stat. 466; Mar. 3, 1873, ch. 226, 17 Stat. 488. -MISC3- AMENDMENTS 1979 - Pub. L. 96-152 inserted last sentence providing that the Capitol Police be headed by a Chief who shall be appointed by the Capitol Police Board and who shall serve at the pleasure of the Board. EFFECTIVE DATE OF 1979 AMENDMENT Section 7 of Pub. L. 96-152 provided that: 'This Act (enacting section 206-1 of this title and amending this section) shall take effect on the first day of the second month after the month in which this Act is enacted (Dec. 1979).' SELECTION OF PRIVATES Similar provisions as to the selection of privates were contained in the following acts: June 8, 1942, ch. 396, 56 Stat. 340. July 1, 1941, ch. 268, 55 Stat. 456. June 18, 1940, ch. 396, 54 Stat. 471. June 16, 1939, ch. 208, 53 Stat. 831. May 17, 1938, ch. 236, 52 Stat. 389. May 18, 1937, ch. 223, 50 Stat. 178. Apr. 17, 1936, ch. 233, 49 Stat. 1223. July 8, 1935, ch. 374, 49 Stat. 468. May 30, 1934, ch. 372, 48 Stat. 826. Feb. 28, 1933, ch. 134, 47 Stat. 1359. June 30, 1932, ch. 314, 47 Stat. 390. Feb. 20, 1931, ch. 234, 46 Stat. 1182. June 6, 1930, ch. 407, 46 Stat. 512. Feb. 28, 1929, ch. 367, 45 Stat. 1394. May 14, 1928, ch. 551, 45 Stat. 524. Feb. 23, 1927, ch. 168, 44 Stat. 1154. May 13, 1926, ch. 294, 44 Stat. 545. Mar. 4, 1925, ch. 549, 43 Stat. 1294. June 7, 1924, ch. 303, 43 Stat. 586. Feb. 20, 1923, ch. 98, 42 Stat. 1272. Mar. 20, 1922, ch. 103, 42 Stat. 422. CAPITOL POLICE POSITIONS UNDER THE SENATE Section 116 of Pub. L. 97-51, Oct. 1, 1981, 95 Stat. 963, which is classified to section 61f-7 of Title 2, The Congress, abolished all statutory positions in Office of the Sergeant at Arms and Doorkeeper of the Senate, and authorized the Sergeant at Amrs and Doorkeeper of the Senate to establish such numbers of positions as he deems appropriate and fix the compensation of employees to fill the positions so established. Previously, Capitol Police positions under the Senate were authorized by the following acts: Sept. 30, 1978, Pub. L. 95-391, title I, 92 Stat. 765. May 4, 1977, Pub. L. 95-26, title I, 91 Stat. 81. July 25, 1975, Pub. L. 94-59, title I, 89 Stat. 271. Aug. 13, 1974, Pub. L. 93-371, 88 Stat. 425. Nov. 1, 1973, Pub. L. 93-145, 87 Stat. 530. July 9, 1971, Pub. L. 92-51, 85 Stat. 127. Aug. 18, 1970, Pub. L. 91-382, 84 Stat. 809. July 23, 1968, Pub. L. 90-417, 82 Stat. 399. July 28, 1967, Pub. L. 90-57, 81 Stat. 128. Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 355. July 31, 1958, Pub. L. 85-570, 72 Stat. 440. Mar. 28, 1958, Pub. L. 85-352, ch. VI, 72 Stat. 57. June 27, 1956, ch. 453, 70 Stat. 357. July 31, 1947, ch. 414, 61 Stat. 695. July 1, 1946, ch. 530, 60 Stat. 391. CAPITOL POLICE POSITIONS UNDER THE HOUSE OF REPRESENTATIVES Capitol Police positions under the House of Representatives were authorized by the following acts: House Resolution No. 294, One Hundred First Congress, Nov. 17, 1989, made permanent law Nov. 5, 1990, Pub. L. 101-520, title I, Sec. 103, 104 Stat. 2262. House Resolution No. 320, Ninety-ninth Congress, Nov. 14, 1985, made permanent law by section 102 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500, Oct. 18, 1986, 100 Stat. 1783-287, and section 101(j) of Pub. L. 99-591, Oct. 30, 1986, 100 Stat. 3341-287, as amended by Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425, to be effective as if enacted into law. House Resolution No. 343, Ninety-eighth Congress, Oct. 26, 1983, made permanent law July 17, 1984, Pub. L. 98-367, title I, Sec. 103, 98 Stat. 479. House Resolution No. 625, Ninety-seventh Congress, Dec. 9, 1982, made permanent law July 14, 1983, Pub. L. 98-51, title I, Sec. 110, 97 Stat. 269. House Resolution No. 244, Ninety-seventh Congress, Dec. 16, 1981, made permanent law by section 109 of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97-276, Oct. 2, 1982, 96 Stat. 1189, to be effective as if enacted into law. House Resolution No. 229, Ninety-sixth Congress, May 4, 1979, made permanent law by section 101 of H.R. 7593, as passed the House of Representatives July 21, 1980, and incorporated by reference in section 101(c) of Pub. L. 96-536, Dec. 16, 1980, 94 Stat. 3167, to be effective as if enacted into law. House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, made permanent law Sept. 30, 1978, Pub. L. 95-391, title I, Sec. 111, 92 Stat. 777. House Resolution No. 360, Ninety-fourth Congress, Mar. 26, 1975, made permanent law July 25, 1975, Pub. L. 94-59, title II, Sec. 201, 89 Stat. 282. House Resolution No. 398, Ninety-third Congress, June 4, 1973, made permanent law Jan. 3, 1974, Pub. L. 93-245, ch. VI, 87 Stat. 1079. House Resolution No. 449, Ninety-second Congress, June 2, 1971, made permanent law Dec. 15, 1971, Pub. L. 92-184, ch. IV, 85 Stat. 636. House Resolution No. 1293, Ninety-first Congress, Dec. 17, 1970, as readopted and continued with respect to the Ninety-second Congress without break in application and effect by section 1 of House Resolution No. 150, Ninety-second Congress, Jan. 25, 1971, made permanent law July 9, 1971, Pub. L. 92-51, Sec. 103, 85 Stat. 144. House Resolution No. 1211, Ninetieth Congress, Oct. 11, 1968, made permanent law Dec. 12, 1969, Pub. L. 91-145, Sec. 103, 83 Stat. 359. House Resolution No. 464, Ninetieth Congress, May 11, 1967, made permanent law July 9, 1968, Pub. L. 90-392, title I, 82 Stat. 318. House Resolution No. 796, Eighty-ninth Congress, June 29, 1966, made permanent law Oct. 27, 1966, Pub. L. 89-697, ch. VI, 80 Stat. 1063. House Resolution No. 648, Eighty-eighth Congress, June 2, 1964, made permanent law July 9, 1971, Pub. L. 92-51, Sec. 103, 85 Stat. 144. House Resolution No. 448, Eighty-fourth Congress, May 8, 1956, made permanent law June 27, 1956, ch. 453, Sec. 103, 70 Stat. 370. July 1, 1946, ch. 530, 60 Stat. 395. DIRECTOR OF EMPLOYMENT PRACTICES UNDER CAPITOL POLICE BOARD House Resolution No. 420, One Hundred First Congress, June 26, 1990, made permanent law by Pub. L. 101-520, title I, Sec. 105, Nov. 5, 1990, 104 Stat. 2262, established the position of Director of Employment Practices with respect to members of the Capitol Police, at the appropriate rate of pay under level HS-11 of the House Employees Schedule, with payment from contingent fund of the House of Representatives or from amounts appropriated for the Capitol Police, such appointment to be made by the Capitol Police Board, subject to prior approval of the Committee on House Administration, without regard to political affiliation and solely on basis of fitness to perform functions of the position. GENERAL COUNSEL TO CHIEF OF CAPITOL POLICE House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, made permanent law by Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777, established the position of General Counsel to the Chief of the Capitol Police, for duty under the House of Representatives, at a per annum gross rate of compensation which is equal to the rate in effect from time to time for HS level 10, step 1, of the House Employees Schedule, such appointment to be made by the Capitol Police Board, subject to the prior approval of the Committee on House Administration, without regard to political affiliation and solely on the basis of fitness to perform the dutes of the position. -CROSS- CROSS REFERENCES Library of Congress special police, see section 167 of Title 2, The Congress. Removal or suspension of Capitol police officer, see section 208 of this title. Secret Service Uniformed Division, see section 202 et seq. of Title 3, The President. Supreme Court Police, see section 13f of this title. ------DocID 44069 Document 315 of 816------ -CITE- 40 USC Sec. 206-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 206-1. Capitol Police; compensation of Chief -STATUTE- The Chief of the Capitol Police shall receive compensation at a rate determined by the Capitol Police Board, but not to exceed the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5. -SOURCE- (Pub. L. 96-152, Sec. 1(c), Dec. 20, 1979, 93 Stat. 1099.) -MISC1- EFFECTIVE DATE Section effective Feb. 1, 1980, see section 7 of Pub. L. 96-152, set out as an Effective Date of 1979 Amendment note under section 206 of this title. ------DocID 44070 Document 316 of 816------ -CITE- 40 USC Sec. 206a to 206a-8 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 206a to 206a-8. Omitted -COD- CODIFICATION Sections, which related to establishment of additional positions on the Capitol Police for duty under the House of Representatives, were based on House Resolutions that were made permanent law, and have been omitted as of limited interest. These House Resolutions and the acts that made them permanent law are listed in a note set out under section 206 of this title. ------DocID 44071 Document 317 of 816------ -CITE- 40 USC Sec. 206b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 206b. Emergency duty overtime pay for Capitol Police from funds disbursed by the Clerk of the House of Representatives -STATUTE- (a) Entitlement of officer or member Each officer or member of the United States Capitol Police force - (1) whose pay is disbursed by the Clerk of the House of Representatives; and (2) who performs duty in addition to the number of hours of his regularly scheduled tour of duty beginning on or after July 1, 1974; is entitled (subject to such rules and regulations as the Capitol Police Board may prescribe) to receive compensation as a result of performing such duty pursuant to the order of proper authority, or to receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to receive such compensation only upon a determination of the Capitol Police Board with respect to the additional hours of duty of such officer. (b) Determination of rate of compensation Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to - (1) in the case of an officer, his hourly rate of compensation; or (2) in the case of a member, one and one-half times his hourly rate of compensation. The hourly rate of compensation of an officer or member shall be determined by dividing the annual rate of compensation of the officer or member by 2,080. (c) Written election by officer for compensation or compensatory time off for additional hours of duty Any officer or member entitled to receive compensation for additional hours of duty shall make a written election with respect to his additional hours of duty which shall designate whether such officer or member desires to receive - (1) compensation for additional hours of duty; or (2) compensatory time off for additional hours of duty subject to approval of the Chief and the Capitol Police Board. (d) Certification procedure for additional compensation Compensation which officers and members are entitled to receive under this section shall be made upon certification by the Chief of the Capitol Police at the end of each calendar quarter to the Capitol Police Board, and upon the transmission of approval from the Capitol Police Board to the Committee on House Administration of the House of Representatives. (e) Transfer of accrued compensatory time off or receipt of lump-sum payment upon termination of service No officer or member may, upon the termination of his service as an officer or member of the United States Capitol Police force, transfer accrued compensatory time off for application with respect to his employment by any other department, agency, or establishment of the Federal Government or the District of Columbia. No officer or employee may, upon such termination, receive any lump-sum payment with respect to such accrued compensatory time off. (f) Definitions For purposes of this section - (1) the term 'officer' includes all personnel of the rank of lieutenant or higher, including inspector; and (2) the term 'member' includes all personnel below the rank of lieutenant, including detectives. (g) Contingent fund of House available for payment of overtime pay There shall be paid out of the contingent fund of the House of Representatives, until otherwise provided by law, such sums as may be necessary to make payments of overtime pay under the provisions of this section. -SOURCE- (Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636; Pub. L. 93-245, ch. VI, Sec. 600, Jan. 3, 1974, 87 Stat. 1079; Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on sections 3 and 5 of House Resolution No. 449, June 2, 1971, which was enacted into permanent law by Pub. L. 92-184, as amended by House Resolution No. 398, June 4, 1973, eff. Jan. 3, 1974, which was enacted into permanent law by Pub. L. 93-245, and House Resolution No. 1309, Oct. 10, 1974, eff. Dec. 27, 1974, which was enacted into permanent law by Pub. L. 93-554. Subsec. (g) of this section was originally enacted as section 3 of House Res. No. 1309 and has been editorially redesignated as subsec. (g) in view of the enactment into permanent law of section 5 of House Res. No. 449 as the concluding paragraph of original section. ------DocID 44072 Document 318 of 816------ -CITE- 40 USC Sec. 206c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 206c. Emergency duty overtime pay for Capitol Police from funds disbursed by Secretary of the Senate; compensatory time off in place of additional pay; election, accrual and transfer of time off; rules and regulations -STATUTE- Each officer or member of the Capitol Police force whose compensation is disbursed by the Secretary of the Senate, who performs duty in addition to the number of hours of his regularly scheduled tour of duty for any day on or after July 1, 1974, is entitled to be paid compensation (when ordered to perform such duty by proper authority) or receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to such compensation only upon a determination made by the Capitol Police Board with respect to any additional hours. Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to his hourly rate of compensation in the case of an officer, and at a rate equal to one and one-half times his hourly rate of compensation for a member of such force. The hourly rate of compensation of such officer or member shall be determined by dividing his annual rate of compensation by 2,080. Any officer or member entitled to be paid compensation for such additional hours shall make a written election, which is irrevocable, whether he desires to be paid that compensation or to receive compensatory time off instead for each such hour. Compensation due officers and members under this paragraph shall be paid by the Secretary, upon certification by the Chief of the Capitol Police at the end of each calendar quarter and approval of the Capitol Police Board, from funds available in the Senate appropriation, 'Salaries, Officers and Employees' for the fiscal year in which the additional hours of duty are performed without regard to the limitations specified therein. Any compensatory time off accrued and not used by an officer or member at the time he is separated from service on the Capitol Police force may not be transferred to any other department, agency, or establishment of the United States Government or the government of the District of Columbia, and no lump-sum amount shall be paid for such accrued time. The Capitol Police Board is authorized to prescribe regulations to carry out this section. -SOURCE- (Pub. L. 92-51, July 9, 1971, 85 Stat. 130; Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-371, Sec. 5, Aug. 13, 1974, 88 Stat. 430.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-371 generally amended provisions relating to payment of emergency duty overtime pay and inserted provisions relating to election by officers or members entitled to compensation for additional duty of either payment of such compensation or compensatory time off in place of any additional pay, and provisions setting forth duties of the Capitol Police Board with respect to approval of additional compensation payments and promulgation of rules and regulations for implementing this section, effective July 1, 1974. 1973 - Pub. L. 93-145 inserted 'inspectors,' before 'captains'. ------DocID 44073 Document 319 of 816------ -CITE- 40 USC Sec. 207 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 207. Payment of Capitol Police -STATUTE- The said police shall be paid on the order of the Sergeant at Arms of the Senate and the Sergeant at Arms of the House, or of either of them. -SOURCE- (R.S. Sec. 1822.) -COD- CODIFICATION Provisions of R.S. Sec. 1822 relating to composition and pay rates of the Capitol police were omitted as obsolete and superseded. R.S. Sec. 1822 derived from acts Mar. 30, 1867, ch. 20, Sec. 1, 15 Stat. 11; Mar. 3, 1871, ch. 113, Sec. 1, 16 Stat. 477. -CROSS- CROSS REFERENCES Pay during suspension, see section 209 of this title. ------DocID 44074 Document 320 of 816------ -CITE- 40 USC Sec. 208 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 208. Suspension of Capitol Police members -STATUTE- The captain of the Capitol police may suspend any member of the force, subject to the approval of the two Sergeants at Arms and of the Architect of the Capitol. -SOURCE- (R.S. Sec. 1823; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.) -COD- CODIFICATION R.S. Sec. 1823 derived from acts Mar. 3, 1873, ch. 226, 17 Stat. 488; June 20, 1874, ch. 328, 18 Stat. 86; Mar. 3, 1875, ch. 129, 18 Stat. 345. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. ------DocID 44075 Document 321 of 816------ -CITE- 40 USC Sec. 209 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 209. Pay of Capitol Police members under suspension -STATUTE- On and after March 3, 1875, whenever a member of the Capitol police or watch force is suspended from duty for cause, said policeman or watchman shall receive no compensation for the time of such suspension if he shall not be reinstated. -SOURCE- (Mar. 3, 1875, ch. 129, 18 Stat. 345.) -COD- CODIFICATION Section is based on a proviso in act Mar. 3, 1875, popularly known as the 'Legislature, Executive, and Judicial Appropriation Act, fiscal year 1876'. ------DocID 44076 Document 322 of 816------ -CITE- 40 USC Sec. 210 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 210. Uniform, belts and arms; Capitol Police -STATUTE- The Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives shall select and regulate the pattern for a uniform for the Capitol police and watchmen, and furnish each member of the force with the necessary belts and arms, payable out of the contingent fund of the Senate and House of Representatives upon the certificate of the officers above named. Such arms so furnished shall be carried by each officer and member of the Capitol Police, while in the Capitol Buildings (as defined in section 193m(a)(1) of this title), and while within or outside of the boundaries of the United States Capitol Grounds (as defined in section 193a of this title), in such manner and at such times as the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives may, by regulations, prescribe. -SOURCE- (R.S. Sec. 1824; Pub. L. 92-607, ch. V, Sec. 507, Oct. 31, 1972, 86 Stat. 1508; Pub. L. 95-26, title I, Sec. 112, May 4, 1977, 91 Stat. 87.) -COD- CODIFICATION R.S. Sec. 1824 derived from act Mar. 30, 1867, ch. 20, Sec. 1, 15 Stat. 11. -MISC3- AMENDMENTS 1977 - Pub. L. 95-26 struck out 'at a cost not to exceed twenty dollars per man,' after 'furnish each member of the force with the necessary belts and arms,'. 1972 - Pub. L. 92-607 directed that the arms be carried in the Capitol Buildings and within and without the boundaries of the United States Capitol Grounds according to regulations prescribed by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives. ------DocID 44077 Document 323 of 816------ -CITE- 40 USC Sec. 210a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 210a. Uniforms to display United States flag or colors -STATUTE- (a) The uniform of officers and members of the United States Park Police force, the United States Secret Service Uniformed Division, the Capitol Police, and the Metropolitan Police force of the District of Columbia shall bear a distinctive patch, pin, or other emblem depicting the flag of the United States or the colors thereof. (b) The Secretary of the Interior in the case of the United States Park Police force, the Secretary of the Treasury in the case of the United States Secret Service Uniformed Division, the Capitol Police Board in the case of the Capitol Police, and the Mayor of the District of Columbia in the case of the Metropolitan Police force shall prescribe such regulations as may be necessary to carry out the purposes of this section. -SOURCE- (Pub. L. 91-297, title II, Sec. 201(a), (b), June 30, 1970, 84 Stat. 357; Pub. L. 93-198, title IV, Sec. 421, Dec. 24, 1973, 87 Stat. 789; Pub. L. 95-179, Nov. 15, 1977, 91 Stat. 1371.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 4-127. -MISC3- AMENDMENTS 1977 - Pub. L. 95-179 substituted 'United States Secret Service Uniformed Division' for 'Executive Protective Service' wherever appearing. EFFECTIVE DATE Section 201(c) of Pub. L. 91-297 provided that: 'This section (enacting this section) shall take effect one hundred and eighty days after the date of enactment of this title (June 30, 1970).' -TRANS- TRANSFER OF FUNCTIONS Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioner'. ------DocID 44078 Document 324 of 816------ -CITE- 40 USC Sec. 211 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 211. Uniform; at whose expense; Capitol Police -STATUTE- The members of the Capitol police shall furnish, at their own expense, each his own uniform, which shall be in exact conformity to that required by regulation of the Sergeants at Arms. -SOURCE- (R.S. Sec. 1825.) -COD- CODIFICATION R.S. Sec. 1825 derived from act July 20, 1868, ch. 176, Sec. 1, 15 Stat. 94. ------DocID 44079 Document 325 of 816------ -CITE- 40 USC Sec. 212 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 212. Wearing uniform on duty; Capitol Police -STATUTE- The officers, privates, and watchmen of the Capitol police shall, when on duty, wear the regulation uniform. -SOURCE- (Mar. 18, 1904, ch. 716, Sec. 1, 33 Stat. 89.) -MISC1- SIMILAR PROVISIONS The text of this section was taken from act Mar. 18, 1904, popularly known as the 'Legislative, Executive and Judicial Appropriation Act for the fiscal year ending June 30, 1905'. The provisions have not been repeated since that act, but were contained in the following prior appropriation acts: Feb. 25, 1903, ch. 755, Sec. 1, 32 Stat. 857. Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 963. ------DocID 44080 Document 326 of 816------ -CITE- 40 USC Sec. 212a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 212a. Policing of Capitol Buildings and Grounds; powers of Capitol Police; arrests by Capitol Police for crimes of violence; arrests by District of Columbia police -STATUTE- The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of sections 193a to 193m, 212a, 212a-2, and 212b of this title and regulations promulgated under section 212b of this title, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States, of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto: Provided, That for the fiscal year for which appropriations are made by this Act the Capitol Police shall have the additional authority to make arrests within the District of Columbia for crimes of violence, as defined in section 16 of title 18, committed within the Capitol Buildings and Grounds and shall have the additional authority to make arrests, without a warrant, for crimes of violence, as defined in section 16 of title 18, committed in the presence of any member of the Capitol Police performing official duties: Provided further, That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the United States Capitol Buildings and Grounds for any violation of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds. For the purpose of this section, the word 'grounds' shall include the House Office Buildings parking areas and that part or parts of property which have been or hereafter are acquired in the District of Columbia by the Architect of the Capitol, or by an officer of the Senate or the House, by lease, purchase, intergovernment transfer, or otherwise, for the use of the Senate, the House, or the Architect of the Capitol. -SOURCE- (July 31, 1946, ch. 707, Sec. 9, 60 Stat. 719; Dec. 24, 1973, Pub. L. 93-198, title VII, Sec. 739(g)(4), (5), 87 Stat. 829; Nov. 5, 1990, Pub. L. 101-520, title I, Sec. 106(a), 104 Stat. 2264.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, probably means Pub. L. 101-520, Nov. 5, 1990, 104 Stat. 2254, known as the Legislative Branch Appropriations Act, 1991, which amended this section generally. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-115. -MISC3- AMENDMENTS 1990 - Pub. L. 101-520, which directed that the 'Act of July 31, 1946, as amended (40 U.S.C. Sec. 212a), is amended to read as follows:' was executed by amending this section generally, to reflect the probable intent of Congress. Prior to amendment, section read as follows: 'The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of sections 193a to 193m, 212a, 212a-2, and 212b of this title and regulations promulgated under section 212b of this title, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States, of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto: Provided, That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the United States Capitol Buildings and Grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds. For the purpose of this section, the word 'grounds' shall include the House Office Building parking area.' 1973 - Pub. L. 93-198 inserted reference to violations of any law of the District of Columbia and struck out ', with the exception of the streets and roadways shown on the map referred to in section 193a of this title as being under the jurisdiction and control of the Commissioners of the District of Columbia' after 'or to patrol the United States Capitol Buildings and Grounds'. EFFECTIVE DATE OF 1973 AMENDMENT Section 771 of Pub. L. 93-198 provided that the amendment made by Pub. L. 93-198 is effective on Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974. JURISDICTION OF UNITED STATES CAPITOL POLICE OVER TEMPORARY PARKING AREAS DURING CONSTRUCTION OF JUDICIARY ANNEX BUILDING Pub. L. 101-302, title III, Sec. 313, May 25, 1990, 104 Stat. 245, provided that: '(a) The supervision and jurisdiction of the United States Capitol Police shall extend over any area with respect to which the Architect of the Capitol has contracted, or otherwise entered into an agreement, for parking space in the Union Station parking garage to accommodate personnel of the United States Senate whose parking privileges have been affected by the construction of the Judiciary Annex Building, and over any area and streets necessary to carry out such supervision and to travel between such parking area and the United States Capitol Grounds. '(b) In carrying out such supervision, the United States Capitol Police shall have, within any such area or street, jurisdiction, concurrent with that of the Metropolitan Police of the District of Columbia, to provide security for such personnel and property of such personnel and of the United States Senate within such area or street, and to make arrests for the violation of the laws and regulations of the United States and the District of Columbia. '(c) The provisions of subsections (a) and (b) shall be effective only during the period that there is in effect a contract or other agreement as referred to in subsection (a).' EXTENSION OF UNITED STATES CAPITOL POLICE SUPERVISION Pub. L. 95-175, Nov. 14, 1977, 91 Stat. 1362, provided: 'That the supervision of the United States Capitol Police shall extend over that part or parts of the premises located at 600 Pennsylvania Avenue, Southeast, Washington, District of Columbia, leased by the Office of Technology Assessment. In carrying out such supervision, the United States Capitol Police shall have within such part or parts jurisdiction, concurrent with that of the Metropolitan Police of the District of Columbia, to provide security for the personnel and property of the Office of Technology Assessment within such leased premises, and to make arrest therein for the violation of the laws and regulations of the United States and the District of Columbia.' POLICE MOTOR VEHICLES USED BY INSTRUCTOR PERSONNEL WHILE ON ASSIGNMENT TO FEDERAL LAW ENFORCEMENT TRAINING CENTER Pub. L. 95-26, title I, Sec. 113, May 4, 1977, 91 Stat. 87, provided that: 'The Chairman of the Capitol Police Board is authorized, subject to such conditions as he may impose, to authorize the assignment of a police motor vehicle for use by instructor personnel of the Capitol Police Force while assigned to the Federal Law Enforcement Training Center.' -CROSS- CROSS REFERENCES Definition of Capitol buildings, see section 193m of this title. Sergeants at Arms of Senate and House of Representatives, power to arrest and detain persons violating certain regulations, see section 193 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193l, 193m of this title. ------DocID 44081 Document 327 of 816------ -CITE- 40 USC Sec. 212a-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 212a-1. Capitol grounds and Library of Congress grounds; detail of police -STATUTE- The Capitol Police Board is authorized to detail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds. -SOURCE- (Pub. L. 96-432, Sec. 5, Oct. 10, 1980, 94 Stat. 1853.) -COD- CODIFICATION Provisions of this section were enacted as permanent law in Pub. L. 96-432. Similar fiscal year provisions were contained in the appropriation acts cited below and have not been repeated since 1983. -MISC3- SIMILAR PROVISIONS Provisions similar to this section were contained in the following appropriation acts: July 14, 1983, Pub. L. 98-51, title I, Sec. 112, 97 Stat. 271. Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e) (S. 2939, title I), 96 Stat. 1189. Oct. 10, 1981, Pub. L. 97-51, Sec. 101(c) (H.R. 4120, title I), 95 Stat. 959. Dec. 16, 1980, Pub. L. 96-536, Sec. 101(c) (H.R. 7593, title I), 94 Stat. 3167. Sept. 30, 1978, Pub. L. 95-391, title I, 92 Stat. 780. Aug. 5, 1977, Pub. L. 95-94, title I, 91 Stat. 671. Oct. 1, 1976, Pub. L. 94-440, title III, 90 Stat. 1451. July 25, 1975, Pub. L. 94-59, title III, 89 Stat. 285. Aug. 13, 1974, Pub. L. 93-371, 88 Stat. 436. Nov. 1, 1973, Pub. L. 93-145, 87 Stat. 539. July 10, 1972, Pub. L. 92-342, 86 Stat. 441. July 9, 1971, Pub. L. 92-51, 85 Stat. 136. Aug. 18, 1970, Pub. L. 91-382, 84 Stat. 817. Dec. 12, 1969, Pub. L. 91-145, 83 Stat. 350. July 23, 1968, Pub. L. 90-417, 82 Stat. 406. July 28, 1967, Pub. L. 90-57, 81 Stat. 135. Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 363. July 27, 1965, Pub. L. 89-90, 79 Stat. 275. Aug. 20, 1964, Pub. L. 88-454, 78 Stat. 544. Dec. 30, 1963, Pub. L. 88-248, 77 Stat. 811. Oct. 2, 1962, Pub. L. 87-730, Sec. 104, 76 Stat. 694. Aug. 10, 1961, Pub. L. 87-130, Sec. 104, 75 Stat. 334. July 12, 1960, Pub. L. 86-628, Sec. 104, 74 Stat. 460. Aug. 21, 1959, Pub. L. 86-176, Sec. 104, 73 Stat. 412. July 31, 1958, Pub. L. 85-570, Sec. 104, 72 Stat. 453. July 1, 1957, Pub. L. 85-75, Sec. 104, 71 Stat. 256. June 27, 1956, ch. 453, Sec. 104, 70 Stat. 370. Aug. 5, 1955, ch. 568, Sec. 104, 69 Stat. 520. July 2, 1954, ch. 455, title I, Sec. 104, 68 Stat. 409. Aug. 1, 1953, ch. 304, title I, Sec. 106, 67 Stat. 332. July 9, 1952, ch. 598, Sec. 106, 66 Stat. 478. Oct. 11, 1951, ch. 485, Sec. 106, 65 Stat. 403. Sept. 6, 1950, ch. 896, Sec. 106, 64 Stat. 608. June 22, 1949, ch. 235, Sec. 106, 63 Stat. 230. June 14, 1948, ch. 467, Sec. 106, 62 Stat. 437. July 17, 1947, ch. 262, Sec. 106, 61 Stat. 377. July 1, 1946, ch. 530, Sec. 106, 60 Stat. 408. June 13, 1945, ch. 189, Sec. 106, 59 Stat. 259. June 26, 1944, ch. 277, title I, Sec. 105, 58 Stat. 354. June 28, 1943, ch. 173, title I, 57 Stat. 230. June 8, 1942, ch. 396, 56 Stat. 340. July 1, 1941, ch. 268, 55 Stat. 456. June 18, 1940, ch. 396, 54 Stat. 471. June 16, 1939, ch. 208, 53 Stat. 831. May 17, 1938, ch. 236, 52 Stat. 390. ------DocID 44082 Document 328 of 816------ -CITE- 40 USC Sec. 212a-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 212a-2. Protection of Members of Congress, officers of Congress, and members of their families -STATUTE- (a) Authority of the Capitol Police Subject to the direction of the Capitol Police Board, the United States Capitol Police is authorized to protect, in any area of the United States, the person of any Member of Congress, officer of the Congress, as defined in section 60-1(b) of title 2, and any member of the immediate family of any such Member or officer, if the Capitol Police Board determines such protection to be necessary. (b) Detail of police In carrying out its authority under this section, the Capitol Police Board, or its designee, is authorized, in accordance with regulations issued by the Board pursuant to this section, to detail, on a case-by-case basis, members of the United States Capitol Police to provide such protection as the Board may determine necessary under this section. (c) Arrest of suspects In the performance of their protective duties under this section, members of the United States Capitol Police are authorized (1) to make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and (2) to utilize equipment and property of the Capitol Police. (d) Fines and penalties Whoever knowingly and willfully obstructs, resists, or interferes with a member of the Capitol Police engaged in the performance of the protective functions authorized by this section, shall be fined not more than $300 or imprisoned not more than one year, or both. (e) Construction of provisions Nothing contained in this section shall be construed to imply that the authority, duty, and function conferred on the Capitol Police Board and the United States Capitol Police are in lieu of or intended to supersede any authority, duty, or function imposed on any Federal department, agency, bureau, or other entity, or the Metropolitan Police of the District of Columbia, involving the protection of any such Member, officer, or family member. (f) 'United States' defined As used in this section, the term 'United States' means each of the several States of the United States, the District of Columbia, and territories and possessions of the United States. -SOURCE- (July 31, 1946, ch. 707, Sec. 9A, as added Dec. 29, 1981, Pub. L. 97-143, Sec. 1(a), 95 Stat. 1723.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193k, 193l, 193m, 212a of this title. ------DocID 44083 Document 329 of 816------ -CITE- 40 USC Sec. 212b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 212b. Regulation of traffic by Capitol Police Board -STATUTE- (a) Exclusive charge and control of all vehicular and other traffic The Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, shall have exclusive charge and control of the regulation and movement of all vehicular and other traffic, including the parking and impounding of vehicles and limiting the speed thereof, within the United States Capitol Grounds; and said Board is authorized and empowered to make and enforce all necessary regulations therefor and to prescribe penalties for violation of such regulations, such penalties not to exceed a fine of $300 or imprisonment for not more than ninety days. Notwithstanding the foregoing provisions of this section those provisions of the District of Columbia Traffic Act of 1925, as amended (D.C. Code, Sec. 40-301 et seq. and 40-701 et seq.), for the violation of which specific penalties are provided in said Act, as amended, shall be applicable to the United States Capitol Grounds. Prosecutions for violation of such regulations shall be in the Superior Court of the District of Columbia, upon information by the Corporation Counsel of the District of Columbia or any of his assistants. (b) Promulgation of regulations Regulations authorized to be promulgated under this section shall be promulgated by the Capitol Police Board and such regulations may be amended from time to time by the Capitol Police Board whenever it shall deem it necessary: Provided, That until such regulations are promulgated and become effective, the traffic regulations of the District of Columbia shall be applicable to the United States Capitol Grounds. (c) Printing of regulations and effective dates All regulations promulgated under the authority of this section shall, when adopted by the Capitol Police Board, be printed in one or more of the daily newspapers published in the District of Columbia, and shall not become effective until the expiration of ten days after the date of such publication, except that whenever the Capitol Police Board deems it advisable to make effective immediately any regulation relating to parking, diverting of vehicular traffic, or the closing of streets to such traffic, the regulation shall be effective immediately upon placing at the point where it is to be in force conspicuous signs containing a notice of the regulation. Any expenses incurred under this subsection shall be payable from the appropriation 'Uniforms and Equipment, Capitol Police'. (d) Cooperation with Mayor of District of Columbia It shall be the duty of the Mayor of the District of Columbia, or any officer or employee of the government of the District of Columbia designated by said Mayor upon request of the Capitol Police Board, to cooperate with the Board in the preparation of the regulations authorized to be promulgated under this section, and any future amendments thereof. -SOURCE- (July 31, 1946, ch. 707, Sec. 14, 60 Stat. 720; July 11, 1947, ch. 221, Sec. 1, 2, 61 Stat. 308; Oct. 23, 1962, Pub. L. 87-873, Sec. 1, 76 Stat. 1171; July 8, 1963, Pub. L. 88-60, Sec. 1, 77 Stat. 77; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; July 29, 1970, Pub. L. 91-358, title I, Sec. 155(a), 84 Stat. 570; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, title VII, Sec. 739(g)(6), 87 Stat. 789, 829.) -REFTEXT- REFERENCES IN TEXT The District of Columbia Traffic Act of 1925, as amended, referred to in subsec. (a), is act Mar. 3, 1925, ch. 443, 43 Stat. 1119, as amended, which appears in chapter 3 (Sec. 40-301 et seq.) and chapter 7 (Sec. 40-701 et seq.) of Title 40, Motor Vehicles, of the District of Columbia Code. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-127. -MISC3- AMENDMENTS 1973 - Subsec. (a). Pub. L. 93-198, Sec. 739(g)(6), struck out ', except on those streets and roadways shown on the map referred to in section 193a of this title as being under the jurisdiction and control of the Commissioner of the District of Columbia'. 1947 - Subsec. (b). Act July 11, 1947, Sec. 1, struck out reference to six months after July 31, 1946, as the time for promulgation of regulations and authorized amendment of regulations. Subsec. (c). Act July 11, 1947, Sec. 2, authorized certain traffic regulations to be effective immediately upon placing conspicuous signs containing notice of regulations at the places affected thereby and inserted provision for payment of expenses. -CHANGE- CHANGE OF NAME 'District of Columbia Court of General Sessions' changed to 'Superior Court of the District of Columbia' pursuant to Pub. L. 91-358, which provided that such change is effective first day of seventh calendar month which begins after July 29, 1970. Pub. L. 87-873, Sec. 1, Oct. 23, 1962, 76 Stat. 1171 and Pub. L. 88-60, Sec. 1, July 8, 1963, 77 Stat. 77, both redesignated the 'Municipal Court for the District of Columbia' as the 'District of Columbia Court of General Sessions'. -MISC4- EFFECTIVE DATE OF 1973 AMENDMENT Section 771 of Pub. L. 93-198 provided that the amendment made by Pub. L. 93-198 is effective on Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3, of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in subsec. (d) for 'commissioner'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193m, 212a of this title. ------DocID 44084 Document 330 of 816------ -CITE- 40 USC Sec. 213 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 213. Repealed. July 31, 1946, ch. 707, Sec. 15, 60 Stat. 720 -MISC1- Section, act May 28, 1896, ch. 252, 29 Stat. 143, related to policing of Capitol buildings and grounds. See section 212a of this title. OFFENSES COMMITTED PRIOR TO JULY 31, 1946 Prosecution of offenses committed prior to repeal of section, see section 15 of act July 31, 1946, set out as a note under section 193h of this title. ------DocID 44085 Document 331 of 816------ -CITE- 40 USC Sec. 213a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 213a. Omitted -COD- CODIFICATION Section, act July 1, 1946, ch. 530, Sec. 106, 60 Stat. 408, which authorized the Capitol Police Board to detail police for duty on the Capitol grounds, was omitted as not repeated in subsequent appropriation acts. See section 212a of this title. Similar provisions were contained in the following prior appropriation acts: June 13, 1945, ch. 189, Sec. 106, 59 Stat. 259. June 26, 1944, ch. 277, title I, Sec. 105, 58 Stat. 354. June 28, 1943, ch. 173, title I, 57 Stat. 230. June 8, 1942, ch. 396, 56 Stat. 340. July 1, 1941, ch. 268, 55 Stat. 456. June 18, 1940, ch. 396, 54 Stat. 471. June 16, 1939, ch. 208, 53 Stat. 831. May 17, 1938, ch. 236, 52 Stat. 390. ------DocID 44086 Document 332 of 816------ -CITE- 40 USC Sec. 214 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 214. Protection of grounds -STATUTE- It shall be the duty of the Capitol police on and after April 29, 1876, to prevent any portion of the Capitol Grounds and terraces from being used as playgrounds or otherwise, so far as may be necessary to protect the public property, turf and grass from destruction or injury. -SOURCE- (Apr. 29, 1876, ch. 86, 19 Stat. 41.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-107. -MISC3- APPLICABILITY OF OTHER LAWS Section as unaffected by sections 193a to 193l, 212a, 212a-2, and 212b of this title, see note under section 193a of this title. ------DocID 44087 Document 333 of 816------ -CITE- 40 USC Sec. 214a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 214a. Omitted -COD- CODIFICATION Section, Pub. L. 89-698, title IV, Sec. 401, Oct. 29, 1966, 80 Stat. 1072; 1967 Reorg. Plan No. 3, Sec. 401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Pub. L. 93-198, title IV, Sec. 421, Dec. 24, 1973, 87 Stat. 789, authorized the Architect of the Capitol to permit the Mayor of the District of Columbia to operate for recreational purposes only the land known as Square 732 in the District of Columbia as long as such land is not required for building or other purposes by the Architect. Pub. L. 89-260, Oct. 19, 1965, 79 Stat. 987, as amended, set out as a note under section 141 of Title 2, The Congress, authorized the construction in square 732 of the Library of Congress James Madison Memorial Building. Funds for construction were appropriated and the building was built. ------DocID 44088 Document 334 of 816------ -CITE- 40 USC Sec. 214b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 214b. Designation of Capitol grounds as play area for children of Members and employees of Senate or House of Representatives -STATUTE- (a) Authority of Capitol Police Board Notwithstanding any other provision of law and subject to the provisions of paragraph (1) of subsection (b) of this section, the Capitol Police Board is authorized to designate certain portions of the Capitol grounds (other than a portion within the area bounded on the North by Constitution Avenue, on the South by Independence Avenue, on the East by First Street, and on the West by First Street) for use exclusively as play areas for the benefit of children attending a day care center which is established for the primary purpose of providing child care for the children of Members and employees of the Senate or the House of Representatives. (b) Required approval; fences; termination of authority (1) In the case of any such designation referred to in subsection (a) of this section involving a day care center established for the benefit of children of Members and employees of the Senate, the designation shall be with the approval of the Senate Committee on Rules and Administration, and in the case of such a center established for the benefit of children of Members and employees of the House of Representatives, the designation shall be with the approval of the House Committee on House Administration, with the concurrence of the House Office Building Commission. (2) The Architect of the Capitol shall enclose with a fence any area designated pursuant to subsection (a) of this section as a play area. (3) The authority to use an area designated pursuant to subsection (a) of this section as a play area may be terminated at any time by the Committee which approved such designation. (c) Playground equipment; required approval Nothing in this or any other Act shall be construed as prohibiting any day care center referred to in subsection (a) of this section from placing playground equipment within an area designated pursuant to subsection (a) of this section for use solely in connection with the operation of such center, subject to, in the case of a day care center established for the benefit of children of Members and employees of the Senate, the approval of the Senate Committee on Rules and Administration, and in the case of such a center established for the benefit of children of Members and employees of the House of Representatives, the approval of the House Committee on House Administration, with the concurrence of the House Office Building Commission. (d) Day care center The day care center referred to in S. Res. 269, Ninety-eighth Congress, first session, is a day care center for which space may be designated under subsection (a) of this section for use as a play area. -SOURCE- (Pub. L. 98-392, Sec. 3, Aug. 21, 1984, 98 Stat. 1362.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L. 98-392, Aug. 21, 1984, 98 Stat. 1362, which enacted this section and amended section 2107 of Title 20, Education. For complete classification of this Act to the Code, see Tables. S. Res. 269, Ninety-eighth Congress, first session, referred to in subsec. (d), is dated Nov. 14, 1983, and reads as follows: 'Resolved, That payment is authorized from the contingent fund of the Senate in an amount not to exceed $20,000 for the start-up costs, including the procurement of the services of individual consultants or organizations, for a Senate day care center, which shall be ready for occupancy by January 1, 1984. 'Sec. 2. Payments under this resolution shall be paid from the appropriation account for 'Miscellaneous Items' in the contingent fund of the Senate upon vouchers approved by the chairman of the Committee on Rules and Administration. 'Sec. 3. The Committee on Rules and Administration shall supervise any contract entered into on behalf of the Senate, under authority of this resolution. Such contract shall not be subject to the provisions of section 5 of title 41 of the United States Code or any other provision of law requiring advertising.' -CROSS- CROSS REFERENCES Child Care Center for children of Members, officers, employees, and support personnel of House of Representatives, see section 184b of this title. ------DocID 44089 Document 335 of 816------ -CITE- 40 USC Sec. 215 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 215. Supervision of Botanical Garden -STATUTE- The supervision of the Capitol police shall extend over the Botanical Garden. -SOURCE- (R.S. Sec. 1826.) -COD- CODIFICATION R.S. Sec. 1826 derived from Res. July 15, 1870, No. 131, 16 Stat. 391. -MISC3- RELOCATION OF POPLAR POINT GREENHOUSE AND NURSERY OF UNITED STATES BOTANIC GARDEN AND DISTRICT OF COLUMBIA LANHAM TREE NURSERY TO NEW SITE Pub. L. 98-340, July 3, 1984, 98 Stat. 308, directed the Architect of the Capitol under the direction of the Joint Committee on the Library and the District of Columbia government to enter into an agreement under which the Architect and the District would determine a site of not less than twenty-five contiguous acres under the jurisdiction of the District upon which the facilities existing on July 3, 1984, being operated and maintained by the United States Botanic Garden at the Poplar Point Greenhouse and Nursery, would be relocated. The agreement would also provide that the District convey without consideration to the Architect on behalf of the United States all right, title, and interest of the District in the replacement site and that the District convey without consideration to the Secretary of the Interior on behalf of the United States all right, title, and interest of the District in the real property known as the Lanham Tree Nursery. Within sixty days of July 3, 1984, the Botanic Garden Greenhouse and Nursery at Poplar Point would come within the jurisdiction of the Secretary of the Interior and within sixty days after the Secretary assumed jurisdiction for such real property the Secretary would enter into an agreement with the District and the Washington Metropolitan Area Transit Authority under which the District and the Washington Metropolitan Area Transit Authority would be authorized to construct, maintain, and operate certain facilities designed to improve transportation in the Washington metropolitan area. ------DocID 44090 Document 336 of 816------ -CITE- 40 USC Sec. 216 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 216. Superintendent, etc., of Botanical Garden and greenhouses -STATUTE- There shall be a superintendent and assistants in the Botanical Garden and greenhouses, who shall be under the direction of the Joint Committee on the Library. -SOURCE- (R.S. Sec. 1827.) -COD- CODIFICATION R.S. Sec. 1827 derived from act Mar. 3, 1873, ch. 226, Sec. 1, 17 Stat. 491. ------DocID 44091 Document 337 of 816------ -CITE- 40 USC Sec. 216a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 216a. Restriction on use of appropriation for Botanical Garden -STATUTE- On and after July 31, 1958, no part of any appropriation for the Botanic Garden shall be used for the distribution, by congressional allotment, of trees, plants, shrubs, or other nursery stock. -SOURCE- (Pub. L. 85-570, July 31, 1958, 72 Stat. 450.) ------DocID 44092 Document 338 of 816------ -CITE- 40 USC Sec. 216b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 216b. Utilization of personnel by Architect of Capitol for maintenance and operation of Botanic Garden -STATUTE- On and after December 27, 1974, with the approval of the Joint Committee on the Library, the Architect of the Capitol may utilize personnel paid from appropriations under his control for performance of administrative and clerical duties in connection with the maintenance and operation of the United States Botanic Garden, to such extent as he may deem feasible. -SOURCE- (Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.) ------DocID 44093 Document 339 of 816------ -CITE- 40 USC Sec. 216c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 216c. National Garden; location; demonstration of diversity of plants; acceptance of gifts -STATUTE- The Architect of the Capitol, subject to the direction of the Joint Committee on the Library, is authorized to - (1) construct a National Garden demonstrating the diversity of plants, including the rose, our national flower, to be located between Maryland and Independence Avenues, S.W., and extending from the United States Botanic Garden Conservatory to Third Street, S.W., in the District of Columbia; and (2) accept gifts, including money, plants, volunteer time, planning, construction and installation expenses, assistance and implements, and garden structures, on behalf of the United States Botanic Garden for the purpose of constructing the National Garden described in paragraph (1). -SOURCE- (Pub. L. 100-458, title III, Sec. 307E, Oct. 1, 1988, 102 Stat. 2183.) ------DocID 44094 Document 340 of 816------ -CITE- 40 USC Sec. 216d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 216d. Disbursement of appropriations for Botanic Garden -STATUTE- On and after November 5, 1990, all appropriations made on account of the Botanic Garden shall be disbursed for that purpose in the same manner as other appropriations under the control of the Architect of the Capitol. -SOURCE- (Pub. L. 101-520, title II, Nov. 5, 1990, 104 Stat. 2270.) ------DocID 44095 Document 341 of 816------ -CITE- 40 USC Sec. 217 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 217. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111 -MISC1- Section, acts May 13, 1926, ch. 294, 44 Stat. 548; Feb. 23, 1927, ch. 168, 44 Stat. 1157; May 14, 1928, ch. 551, 45 Stat. 528; Feb. 28, 1929, ch. 367, 45 Stat. 1397; June 6, 1930, ch. 407, 46 Stat. 516; Feb. 20, 1931, ch. 234, 46 Stat. 1186; June 30, 1932, ch. 314, 47 Stat. 393; Feb. 28, 1933, ch. 134, 47 Stat. 1362; May 30, 1934, ch. 372, 48 Stat. 828; July 8, 1935, ch. 374, 49 Stat. 471; Apr. 17, 1936, ch. 233, 49 Stat. 1226; May 18, 1937, ch. 223, 50 Stat. 181; May 17, 1938, ch. 236, 52 Stat. 392; June 16, 1939, ch. 208, 53 Stat. 834; June 18, 1940, ch. 396, 54 Stat. 474, related to purchases for Botanic Garden. ------DocID 44096 Document 342 of 816------ -CITE- 40 USC Sec. 217a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 217a. Plant material exchanges -STATUTE- On and after July 8, 1935, plant material exchanges may be made with botanic gardens, institutions, municipal parks, and gardens. -SOURCE- (July 8, 1935, ch. 374, 49 Stat. 471.) ------DocID 44097 Document 343 of 816------ -CITE- 40 USC Sec. 217b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 217b. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111 -MISC1- Section, acts Apr. 17, 1936, ch. 233, 49 Stat. 1226; May 18, 1937, ch. 223, 50 Stat. 181; May 17, 1938, ch. 236, 52 Stat. 393; June 16, 1939, ch. 208, 53 Stat. 834; June 18, 1940, ch. 396, 54 Stat. 474, related to purchase of supplies for Botanic Garden. That part which was an exception to section 16 of Title 41, Public Contracts (repealed by act Oct. 21, 1941, ch. 452, 55 Stat. 743) was not repealed by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111, and was classified to former section 16b of Title 41. See note under sections 16a to 16d of that title. ------DocID 44098 Document 344 of 816------ -CITE- 40 USC Sec. 218 to 220 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 218 to 220. Repealed. Oct. 31, 1951, ch. 654, Sec. 3(19)-(21), 65 Stat. 709 -MISC1- Sections, R.S. Sec. 1832 to 1834, respectively, related to annual statements, to the Architect of the Capitol, of public property in and about the Capitol and the Botanical Garden, the maintenance of an inventory of that property by the Architect, and annual reports by him to Congress with respect thereto, and inapplicability of those provisions to books, pamphlets, etc., in the Library of Congress, or to supplies of stationery and fuel. ------DocID 44099 Document 345 of 816------ -CITE- 40 USC Sec. 221, 222 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 221, 222. Omitted -COD- CODIFICATION Section 221, R.S. Sec. 1835, provided that no pay or compensation other than that fixed by Title XXI of the Revised Statutes should be allowed to any officer, employee, or laborer embraced within the provisions thereof. The only provision of that title fixing compensation was contained in R.S. Sec. 1822, which fixed the pay of the Capitol police. That provision is not classified to the Code. See section 5101 et seq. of Title 5, Government Organization and Employees. Section 222, act May 13, 1926, ch. 294, 44 Stat. 547, related to purchases and services for Architect of Capitol. ------DocID 44100 Document 346 of 816------ -CITE- 40 USC Sec. 223 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 223. Capitol Grounds shuttle service; purchase, etc., of vehicles -STATUTE- Funds appropriated for the Capitol Grounds after October 1, 1976, shall be available for the purchase or rental, maintenance and operation of passenger motor vehicles to provide shuttle service for Members and employees of Congress to and from the buildings in the Legislative group. -SOURCE- (Pub. L. 94-440, title VI, Oct. 1, 1976, 90 Stat. 1453.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 224 of this title. ------DocID 44101 Document 347 of 816------ -CITE- 40 USC Sec. 224 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 224. Transportation of House Pages by Capitol Grounds shuttle service -STATUTE- The passenger motor vehicles authorized by section 223 of this title to provide a shuttle service for Members and employees of Congress may be used for the transportation of House Pages to and from special events associated with their education when approved by the House of Representatives Page Board: Provided further, That the use of the said passenger motor vehicles for transportation of House Pages shall not interfere with the shuttle service for Members and employees of the Congress. -SOURCE- (Pub. L. 99-151, title I, Nov. 13, 1985, 99 Stat. 801.) ------DocID 44102 Document 348 of 816------ -CITE- 40 USC CHAPTER 2A -EXPCITE- TITLE 40 CHAPTER 2A -HEAD- CHAPTER 2A - NATIONAL ARCHIVES ------DocID 44103 Document 349 of 816------ -CITE- 40 USC Sec. 231 to 232a -EXPCITE- TITLE 40 CHAPTER 2A -HEAD- Sec. 231 to 232a. Transferred -COD- CODIFICATION Section 231, act June 19, 1934, ch. 668, Sec. 1, 48 Stat. 1122, which created the Office of the Archivist of the United States, was transferred to section 300 of former Title 44, Public Printing and Documents, and was thereafter repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(32), renumbered and added Sept. 5, 1950, ch. 849, Sec. 7(d), 64 Stat. 590. See 2102 of Title 44. Section 232, act June 19, 1934, ch. 668, Sec. 2, 48 Stat. 1122, which related to the salaries of employees of the National Archives and the appointment procedure of such employees, was transferred to section 300a of former Title 44, and was thereafter repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(32), renumbered and added Sept. 5, 1950, ch. 849, Sec. 7(d), 64 Stat. 590. See section 758 of this title. Section 232a, act May 23, 1938, ch. 259, 52 Stat. 421, which related to appointment of employees in accordance with the civil service laws, was transferred to section 300a of former Title 44, and was thereafter repealed by Pub. L. 90-620, Sec. 3, Oct. 22, 1968, 82 Stat. 1309. See section 758 of this title. ------DocID 44104 Document 350 of 816------ -CITE- 40 USC Sec. 232b -EXPCITE- TITLE 40 CHAPTER 2A -HEAD- Sec. 232b. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 196, 80 Stat. 650 -MISC1- Section, act May 23, 1938, ch. 259, 52 Stat. 421, prescribed manner by which persons employed in National Archives Establishment six months after May 23, 1938, should gain a competitive classified civil service status. ------DocID 44105 Document 351 of 816------ -CITE- 40 USC Sec. 233 to 241 -EXPCITE- TITLE 40 CHAPTER 2A -HEAD- Sec. 233 to 241. Transferred -COD- CODIFICATION Sections 233 to 241, act June 19, 1934, ch. 668, Sec. 3-11, 48 Stat. 1122-1124, were transferred to sections 300c to 300k of former Title 44, Public Printing and Documents, and were thereafter repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(32), renumbered and added Sept. 5, 1950, ch. 849, Sec. 7(d), 64 Stat. 590. For further details, see below. Section 233, act June 19, 1934, ch. 668, Sec. 3, 48 Stat. 1122, which placed all archives or records belonging to the Government under the charge of the Archivist, was transferred to section 300c of former Title 44, Public Printing and Documents. See sections 2103 and 2104 of Title 44. Section 234, act June 19, 1934, ch. 668, Sec. 4, 48 Stat. 1123, which vested the custody of the National Archives Building and other grounds in the Archivist, was transferred to section 300d of former Title 44. See section 2903 of Title 44. Section 235, act June 19, 1934, ch. 668, Sec. 5, 48 Stat. 1123, which related to the creation, membership, and duties of a National Historical Publications Commission, was transferred to section 300e of former Title 44. See section 2501 et seq. of Title 44. Section 236, act June 19, 1934, ch. 668, Sec. 6, 48 Stat. 1123, which related to the creation, membership and duties of a National Archives Council, was transferred to section 300f of former Title 44. See section 2701 of Title 44. Section 237, act June 19, 1934, ch. 668, Sec. 7, 48 Stat. 1123, which related to storing and projection of motion-picture films, was transferred to section 300g of former Title 44. See section 2110 of Title 44. Section 238, act June 19, 1934, ch. 668, Sec. 8, 48 Stat. 1123, which related to official seal of National Archives and judicial notice thereof, was transferred to section 300h of former Title 44. See section 2112 of Title 44. Section 239, act June 19, 1934, ch. 668, Sec. 9, 48 Stat. 1123, which related to reports and recommendation by Archivist to Congress, was transferred to section 300i of former Title 44. See sections 2507, 2902, and 3303a of Title 44. Section 240, act June 19, 1934, ch. 668, Sec. 10, 48 Stat. 1124, which related to appropriations for maintenance of the Archives Building and administration of records, etc., was transferred to section 300j of former Title 44. Section 241, act June 19, 1934, ch. 668, Sec. 11, 48 Stat. 1124, which repealed all acts inconsistent with provisions of act June 19, 1934, was transferred to section 300k of former Title 44. ------DocID 44106 Document 352 of 816------ -CITE- 40 USC CHAPTER 3 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- CHAPTER 3 - PUBLIC BUILDINGS AND WORKS GENERALLY -MISC1- Sec. 251, 252. Omitted or Repealed. 253. Detail of members of field force of General Services Administration. 254. Repealed. 255. Approval of title prior to Federal land purchases; payment of title expenses; application to Tennessee Valley Authority; Federal jurisdiction over acquisitions. 256. Repealed. 257. Condemnation of realty for sites and other uses. 258. Omitted. 258a. Lands, easements, or rights of way for public use; taking of possession and title in advance of final judgment; authority; procedure. 258b. Taking in advance of final judgment; appeal or giving of bond as preventing or delaying vesting of title. 258c. Obligation of United States to pay ultimate award when fixed. 258d. Taking in advance of final judgment; right as additional to existing rights, powers, and authority. 258e. Taking in advance of final judgment; demolition of buildings thereon; erection of public buildings or works; funds available for purpose. 258e-1. Interest as part of just compensation. 258f. Exclusion of certain property by stipulation of Attorney General. 259, 260. Repealed. 261. Contracts authorized within limit of cost fixed, though appropriations are in part only. 262 to 270. Repealed or Omitted. 270a. Bonds of contractors of public buildings or works. (a) Type of bonds required. (b) Waiver of bonds for contracts performed in foreign countries. (c) Authority to require additional bonds. (d) Coverage for taxes in performance bond. 270b. Rights of persons furnishing labor or material. 270c. Right of person furnishing labor or material to copy of bond. 270d. 'Person' defined. 270e. Waiver of sections 270a to 270d with respect to Army, Navy, Air Force, or Coast Guard contracts. 270f. Waiver of sections 270a to 270d with respect to transportation contracts. 271 to 276. Omitted or Repealed. 276a. Rate of wages for laborers and mechanics. 276a-1. Termination of work on failure to pay agreed wages; completion of work by Government. 276a-2. Payment of wages by Comptroller General from withheld payments; listing contractors violating contracts. 276a-3. Effect on other Federal laws. 276a-4. Effective date of sections 276a to 276a-5. 276a-5. Suspension of sections 276a to 276a-5 during emergency. 276a-6. Omitted. 276a-7. Application of sections 276a to 276a-5 to contracts entered into without regard to section 5 of title 41. 276b. Repealed. 276c. Regulations governing contractors and subcontractors. 277 to 278c. Repealed or Omitted. 279. Appropriations for buildings available for use in temporary rented quarters. 280. Operating supplies, operating force, and repairs. 281. Furniture and repairs. 282. Repealed. 283. Furniture for new buildings. 284. Omitted. 285. Buildings under control of Administrator of General Services. 285a. Washington City post office under control of United States Postal Service. 286. Buildings not to be draped in mourning. 287. Repealed. 288. Customhouse wharf at Charleston, South Carolina. 289. Buildings for departments; control of space; compensation. 289a. Transferred. 290. State workmen's compensation laws; extension to buildings and works of United States. 291. Admission of guide dogs accompanied by blind masters. 292. Omitted. 293. Working capital fund for blueprinting, photostating, and duplicating services in General Services Administration; reimbursement. 294. Repealed. 295. Operation of public utility communications services serving governmental activities. 296. Transfer of administrative expenses into special account. 297 to 298. Repealed. 298a. Acceptance of gifts of real, personal, or other property. 298b. Administrator of General Services to furnish services in continental United States to international bodies. 298c. Repealed. 298d. Naming and renaming of buildings. ------DocID 44107 Document 353 of 816------ -CITE- 40 USC Sec. 251 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 251. Omitted -COD- CODIFICATION Section, act Aug. 23, 1912, ch. 350, 37 Stat. 375, related to salaries for personal services required in Office of Supervising Architect of Treasury. That office was transferred to the Public Buildings Branch of the Procurement Division of the Treasury Department under Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. The Public Buildings Branch of the Procurement Division was transferred to the Federal Works Agency by Reorg. Plan No. I of 1939, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, set out in the Appendix, Title 5. The Federal Works Agency was abolished and its functions transferred to the Administrator of General Services by section 753 of this title. ------DocID 44108 Document 354 of 816------ -CITE- 40 USC Sec. 252 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 252. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 642 -MISC1- Section, act Mar. 4, 1913, ch. 147, Sec. 28, 37 Stat. 888, related to employment of technical experts in Office of Supervising Architect of Treasury Department. ------DocID 44109 Document 355 of 816------ -CITE- 40 USC Sec. 253 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 253. Detail of members of field force of General Services Administration -STATUTE- On and after June 23, 1913, members of the field force of the General Services Administration, such as supervising superintendents, superintendents, junior superintendents, and inspectors of the several classes, may be detailed to the District of Columbia, in the discretion of the Administrator of General Services, for temporary duty for periods not exceeding thirty days in any one case, in the General Services Administration, but no subsistence or other expenses of like character shall be allowed such employees while on duty in Washington serving under such details. -SOURCE- (June 23, 1913, ch. 3, 38 Stat. 17; Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is based on act June 23, 1913, popularly known as the 'Sundry Civil Appropriation Act June 23, 1913, fiscal year 1914'. Section originally provided that members of the field force of the public buildings service in the Treasury Department could be detailed to the District of Columbia in the discretion of the Secretary of the Treasury, for duty in the Office of the Supervising Architect in the Treasury Department. -TRANS- TRANSFER OF FUNCTIONS Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. Public Buildings Service, within General Services Administration, established on December 11, 1949, by Administrator of General Services, to perform those transferred functions. Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration in Federal Works Agency by Reorg. Plan No. I of 1939. Office of Supervising Architect in Treasury Department transferred to Public Buildings Branch of Procurement Division of Treasury Department by Ex. Ord. No. 6166. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, ch. 288, 63 Stat. 403, set out as an Effective Date note under section 471 of this title. ------DocID 44110 Document 356 of 816------ -CITE- 40 USC Sec. 254 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 254. Repealed. Pub. L. 86-249, Sec. 17(6), Sept. 9, 1959, 73 Stat. 484 -MISC1- Section, act June 23, 1874, ch. 476, Sec. 2, 18 Stat. 276, related to selection of sites for public buildings. See section 601 et seq. of this title. Act June 23, 1874, and section 17(6) of Pub. L. 86-249, Sept. 9, 1959, 73 Stat. 484, which repealed section 2 of the 1874 act, were repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1079. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44111 Document 357 of 816------ -CITE- 40 USC Sec. 255 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 255. Approval of title prior to Federal land purchases; payment of title expenses; application to Tennessee Valley Authority; Federal jurisdiction over acquisitions -STATUTE- Unless the Attorney General gives prior written approval of the sufficiency of the title to land for the purpose for which the property is being acquired by the United States, public money may not be expended for the purchase of the land or any interest therein. The Attorney General may delegate his responsibility under this section to other departments and agencies, subject to his general supervision and in accordance with regulations promulgated by him. Any Federal department or agency which has been delegated the responsibility to approve land titles under this section may request the Attorney General to render his opinion as to the validity of the title to any real property or interest therein, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles. Except where otherwise authorized by law or provided by contract, the expenses of procuring certificates of titles or other evidences of title as the Attorney General may require may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department or agency. The foregoing provisions of this section shall not be construed to affect in any manner any existing provisions of law which are applicable to the acquisition of lands or interests in land by the Tennessee Valley Authority. Notwithstanding any other provision of law, the obtaining of exclusive jurisdiction in the United States over lands or interests therein which have been or shall hereafter be acquired by it shall not be required; but the head or other authorized officer of any department or independent establishment or agency of the Government may, in such cases and at such times as he may deem desirable, accept or secure from the State in which any lands or interests therein under his immediate jurisdiction, custody, or control are situated, consent to or cession of such jurisdiction, exclusive or partial, not theretofore obtained, over any such lands or interests as he may deem desirable and indicate acceptance of such jurisdiction on behalf of the United States by filing a notice of such acceptance with the Governor of such State or in such other manner as may be prescribed by the laws of the State where such lands are situated. Unless and until the United States has accepted jurisdiction over lands hereafter to be acquired as aforesaid, it shall be conclusively presumed that no such jurisdiction has been accepted. -SOURCE- (R.S. Sec. 355; June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Sept. 1, 1970, Pub. L. 91-393, Sec. 1, 84 Stat. 835.) -COD- CODIFICATION R.S. Sec. 355 derived from Res. Sept. 11, 1841, No. 6, 5 Stat. 468. The first four and sixth paragraphs of this section are based on R.S. Sec. 355, as amended. The fifth paragraph of this section is based on the last paragraph of section 1 of Pub. L. 91-393. For amendment of this section by the remainder of section 1 of Pub. L. 91-393, see 1970 Amendment note below. -MISC3- AMENDMENTS 1970 - Pub. L. 91-393 substituted first four paragraphs of this section, requiring the Attorney General to give written approval of the sufficiency of title prior to the purchase of lands or interests therein, empowering the Attorney General to delegate his responsibilities, authorizing Federal departments and agencies which have been delegated the responsibility to approve land titles to request opinions, advice or assistance of the Attorney General, and permitting the payment from appropriations of the expenses of procuring certificates or other evidences of title, for the former first seven paragraphs of this section which prohibited expenditures of public money upon any site or land purchased by the United States until the Attorney General gave his written opinion in favor of the validity of title, permitted acceptance of title subject to infirmities if the Attorney General approved, authorized the Attorney General to approve title to easements or rights-of-way, and which made certain exceptions from the provisions of this section. 1940 - Act Oct. 9, 1940, among other changes, divided section into paragraphs, struck out provision requiring United States attorneys, upon application of Attorney General, to furnish assistance in relation to titles, and inserted provisions contained in second, third, fourth and seventh paragraphs. Act Feb. 1, 1940, struck out provision requiring consent of State legislature to the purchase, and inserted provisions now set out as eighth paragraph. 1930 - Act June 28, 1930, inserted reference to armories, arsenals, forts, fortifications, navy yards and lighthouses, and provision that the Attorney General may base his opinion as to title upon certificate of title of a title company. -CROSS- CROSS REFERENCES Erection of public buildings on condemned property authorized though Attorney General has not approved title, see section 258e of this title. Power of United States to acquire land within the States, see Const. Art. 1, Sec. 8, cl. 17. President authorized to procure consent of State within which any land has been purchased for forts, magazines, etc., see section 103 of Title 4, Flag and Seal, Seat of Government, and the States. Purchase contract agreements, applicability of section to, see section 356 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 356 of this title; title 7 section 2250a; title 10 sections 2239, 2852; title 16 sections 343b, 430a, 441i, 571c; title 22 section 1471; title 36 section 138b; title 42 sections 1502, 1594a, 2224; title 50 App. sections 460, 2281. ------DocID 44112 Document 358 of 816------ -CITE- 40 USC Sec. 256 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 256. Repealed. Pub. L. 91-393, Sec. 2, Sept. 1, 1970, 84 Stat. 835 -MISC1- Section, acts Mar. 2, 1889, ch. 411, 25 Stat. 941; Sept. 22, 1961, Pub. L. 87-277, 75 Stat. 577, directed that all legal services connected with procurement of titles to site for public buildings shall be rendered by United States attorneys. ------DocID 44113 Document 359 of 816------ -CITE- 40 USC Sec. 257 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 257. Condemnation of realty for sites and other uses -STATUTE- In every case in which the Secretary of the Treasury or any other officer of the Government has been, or hereafter shall be, authorized to procure real estate for the erection of a public building or for other public uses, he may acquire the same for the United States by condemnation, under judicial process, whenever in his opinion it is necessary or advantageous to the Government to do so, and the Attorney General of the United States, upon every application of the Secretary of the Treasury, under this section and section 258 (FOOTNOTE 1) of this title, or such other officer, shall cause proceedings to be commenced for condemnation within thirty days from receipt of the application at the Department of Justice. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Aug. 1, 1888, ch. 728, Sec. 1, 25 Stat. 357; June 25, 1948, ch. 646, Sec. 6, 62 Stat. 986.) -REFTEXT- REFERENCES IN TEXT Section 258 of this title, referred to in text, has been omitted from the Code. -MISC2- AMENDMENTS 1948 - Act June 25, 1948, struck out jurisdictional and venue provisions. See sections 1358 and 1403 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Procedure in condemnation proceedings, see rule 71A, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Acquisition of land - District of Columbia, see section 16-1301 et seq. of the D.C. Code. Irrigation Project, see section 421 of Title 43, Public Lands. River and harbor improvements, see section 591 et seq. of Title 33, Navigation and Navigable Waters. War purposes, see section 2663 of Title 10, Armed Forces. Jurisdiction of United States district courts in condemnation proceedings, see section 1358 of Title 28, Judiciary and Judicial Procedure. Possession and title in advance of judgment, taking of, see sections 258a to 258f of this title. Tennessee Valley Authority, procedure in condemnation proceedings, see section 831x of Title 16, Conservation. Venue in condemnation proceedings, see section 1403 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 81e, 159a, 231b, 242, 263, 403i, 423k, 423n, 425a, 430a, 430k, 430u, 430nn, 433c, 433h, 447b, 449, 450m, 450p, 459a; title 25 sections 500a, 1724, 1754; title 42 sections 1532, 2222; title 43 section 1522; title 49 App. section 1344; title 50 section 167f. ------DocID 44114 Document 360 of 816------ -CITE- 40 USC Sec. 258 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258. Omitted -COD- CODIFICATION Section, acts Aug. 1, 1888, ch. 728, Sec. 2, 25 Stat. 357; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167, which in connection with condemnation proceedings, required conformity, as near as might be, to state practice and pleading, has been superseded by Rule 71A of the Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and Judicial Procedure. ------DocID 44115 Document 361 of 816------ -CITE- 40 USC Sec. 258a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258a. Lands, easements, or rights of way for public use; taking of possession and title in advance of final judgment; authority; procedure -STATUTE- In any proceeding in any court of the United States outside of the District of Columbia which has been or may be instituted by and in the name of and under the authority of the United States for the acquisition of any land or easement or right of way in land for the public use, the petitioner may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the authority empowered by law to acquire the lands described in the petition, declaring that said lands are thereby taken for the use of the United States. Said declaration of taking shall contain or have annexed thereto - (1) A statement of the authority under which and the public use for which said lands are taken. (2) A description of the lands taken sufficient for the identification thereof. (3) A statement of the estate or interest in said lands taken for said public use. (4) A plan showing the lands taken. (5) A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken. Upon the filing said declaration of taking and of the deposit in the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in said declaration, title to the said lands in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the United States of America, and said lands shall be deemed to be condemned and taken for the use of the United States, and the right to just compensation for the same shall vest in the persons entitled thereto; and said compensation shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensation awarded, interest in accordance with section 258e-1 of this title on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court. No sum so paid into the court shall be charged with commissions or poundage. Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceeding. If the compensation finally awarded in respect of said lands, or any parcel thereof, shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the United States for the amount of the deficiency. Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 1, 46 Stat. 1421; Nov. 14, 1986, Pub. L. 99-656, Sec. 1(1), 100 Stat. 3668.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-656 substituted 'interest in accordance with section 258e-1 of this title' for 'interest at the rate of 6 per centum per annum' in second par. SHORT TITLE Act Feb. 26, 1931, ch. 307, 46 Stat. 1421, as amended, which is classified to section 258a et seq. of this title, is popularly known as the 'Declaration of Taking Act'. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Procedure in condemnation proceedings, see rule 71A, Title 28, Appendix, Judiciary and Judicial Procedure. Section as not affected by that rule, see note of the Advisory Committee set out thereunder. CROSS REFERENCES Condemnation of property, right of Government officers, see section 257 of this title. District of Columbia, eminent domain, see, section 16-1301 et seq. of the District of Columbia Code. Jurisdiction and venue in condemnation cases, see sections 1358 and 1403 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 258b, 258c, 258d, 258e-1 of this title; title 10 section 7422; title 16 sections 79c, 831c; title 25 sections 500a, 1724, 1754; title 33 section 598; title 39 section 410; title 42 sections 1502, 1592d, 1594a, 2222, 4651; title 43 section 1522; title 49 App. section 1344; title 50 section 167f. ------DocID 44116 Document 362 of 816------ -CITE- 40 USC Sec. 258b -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258b. Taking in advance of final judgment; appeal or giving of bond as preventing or delaying vesting of title -STATUTE- No appeal in any cause under section 258a of this title nor any bond or undertaking given therein shall operate to prevent or delay the vesting of title to such lands in the United States. -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 2, 46 Stat. 1422.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 258e-1 of this title; title 10 section 7422; title 16 section 831c; title 25 section 500a; title 33 section 598; title 39 section 410; title 42 sections 1502, 1594a, 2222; title 49 App. section 1344; title 50 section 167f. ------DocID 44117 Document 363 of 816------ -CITE- 40 USC Sec. 258c -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258c. Obligation of United States to pay ultimate award when fixed -STATUTE- Action under section 258a of this title irrevocably committing the United States to the payment of the ultimate award shall not be taken unless the chief of the executive department or agency or bureau of the Government empowered to acquire the land shall be of the opinion that the ultimate award probably will be within any limits prescribed by Congress on the price to be paid. -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 3, 46 Stat. 1422.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 258e-1 of this title; title 10 section 7422; title 16 section 831c; title 25 section 500a; title 33 section 598; title 39 section 410; title 42 sections 1502, 1594a, 2222; title 49 App. section 1344; title 50 section 167f. ------DocID 44118 Document 364 of 816------ -CITE- 40 USC Sec. 258d -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258d. Taking in advance of final judgment; right as additional to existing rights, powers, and authority -STATUTE- The right to take possession and title in advance of final judgment in condemnation proceedings as provided by section 258a of this title shall be in addition to any right, power, or authority conferred by the laws of the United States or those of any State or Territory under which such proceedings may be conducted, and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority. -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 4, 46 Stat. 1422.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 258e-1 of this title; title 10 section 7422; title 16 section 831c; title 25 section 500a; title 33 section 598; title 39 section 410; title 42 sections 1502, 1594a, 2222; title 49 App. section 1344; title 50 section 167f. ------DocID 44119 Document 365 of 816------ -CITE- 40 USC Sec. 258e -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258e. Taking in advance of final judgment; demolition of buildings thereon; erection of public buildings or works; funds available for purpose -STATUTE- In any case in which the United States has taken or may take possession of any real property during the course of condemnation proceedings and in advance of final judgment therein and the United States has become irrevocably committed to pay the amount ultimately to be awarded as compensation, it shall be lawful to expend moneys duly appropriated for that purpose in demolishing existing structures on said land and in erecting public buildings or public works thereon: Provided, That in the opinion of the Attorney General, the title has been vested in the United States or all persons having an interest therein have been made parties to such proceeding and will be bound by the final judgment therein. -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 5, 46 Stat. 1422; Sept. 1, 1970, Pub. L. 91-393, Sec. 4, 84 Stat. 835.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-393 struck out ', notwithstanding the provisions of section 255 of this title' after 'public works thereon'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 258e-1 of this title; title 10 section 7422; title 16 section 831c; title 25 section 500a; title 33 section 598; title 39 section 410; title 42 sections 1502, 1594a, 2222; title 49 App. section 1344; title 50 section 167f. ------DocID 44120 Document 366 of 816------ -CITE- 40 USC Sec. 258e-1 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258e-1. Interest as part of just compensation -STATUTE- Interest required to be paid under sections 258a to 258e-1 of this title shall be calculated by the district court as follows: (1) Where the period for which interest is owed does not exceed one year, interest shall be calculated for such period from the date of taking at an annual rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of 52 week United States Treasury bills settled immediately before the date of taking. (2) Where the period for which interest is owed is more than one year, interest for the first year shall be calculated in accordance with paragraph (1) and interest for each additional year shall be calculated on the combined amount of the principal (the amount by which the award of compensation exceeds the deposit referred to in section 258a of this title) and accrued interest at an annual rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of 52 week United States Treasury bills settled immediately before the beginning of each additional year. The Director of the Administrative Office of the United States Courts shall distribute to all Federal courts notice of the rates described in paragraphs (1) and (2). -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 6, as added Nov. 14, 1986, Pub. L. 99-656, Sec. 1(2), 100 Stat. 3668.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 258a of this title; title 10 section 7422; title 16 section 831c; title 25 section 500a; title 33 section 598; title 39 section 410; title 42 sections 1502, 1594a, 2222; title 49 App. section 1344; title 50 section 167f. ------DocID 44121 Document 367 of 816------ -CITE- 40 USC Sec. 258f -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258f. Exclusion of certain property by stipulation of Attorney General -STATUTE- In any condemnation proceeding instituted by or on behalf of the United States, the Attorney General is authorized to stipulate or agree in behalf of the United States to exclude any property or any part thereof, or any interest therein, that may have been, or may be, taken by or on behalf of the United States by declaration of taking or otherwise. -SOURCE- (Oct. 21, 1942, ch. 618, 56 Stat. 797.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 50 section 167f. ------DocID 44122 Document 368 of 816------ -CITE- 40 USC Sec. 259, 260 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 259, 260. Repealed. Pub. L. 86-249, Sec. 17(7), (12), Sept. 9, 1959, 73 Stat. 484, 485 -MISC1- Section 259, R.S. Sec. 3734; act June 25, 1910, ch. 383, Sec. 33, 36 Stat. 699, prescribed a limitation on the cost of sites for public buildings. Section 260, act Mar. 2, 1889, ch. 411, 25 Stat. 941, prohibited payment of commissions for disbursements on account of sites for public buildings, and prescribed the manner of making payments for sites for public buildings under the control of the Treasury Department. See section 601 et seq. of this title. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44123 Document 369 of 816------ -CITE- 40 USC Sec. 261 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 261. Contracts authorized within limit of cost fixed, though appropriations are in part only -STATUTE- On and after May 30, 1908, in all cases where appropriations are made in part only for carrying into effect the provisions of legislation authorizing the acquisition of land for sites or for the enlargement of sites for public buildings, or for the erection or remodeling, extension, alteration, and repairs of public buildings, the Administrator of General Services unless otherwise specifically directed, may enter into contracts within the full limit of cost fixed by Congress therefor. -SOURCE- (May 30, 1908, ch. 228, Sec. 34, 35 Stat. 545; 1939 Reorg. Plan No. I, Sec. 303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, including Public Buildings Administration together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency (including the Public Buildings Administration) and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. Functions of Secretary of the Treasury relating to Administration of Public Buildings Branch of former Procurement Division of Treasury Department and to selection of location and sites for public buildings transferred to Federal Works Administrator by Reorg. Plan No. 1 of 1939. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, ch. 288, 63 Stat. 380, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -CROSS- CROSS REFERENCES Appropriations, expenditures or contract obligations in excess of funds prohibited, see section 1341 of Title 31, Money and Finance. Contracts for erection, repair, or furnishing of public buildings or for public improvements forbidden to exceed amount appropriated for that purpose, see section 12 of Title 41, Public Contracts. No appropriation act to be construed as authorizing execution of contract for amount in excess of appropriations unless appropriation act in specific terms declares that contract may be made, see section 1301 of Title 31, Money and Finance. Officer or employee contracting beyond specific appropriation, see section 435 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 79g, 460bb-2. ------DocID 44124 Document 370 of 816------ -CITE- 40 USC Sec. 262 to 265 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 262 to 265. Repealed. Pub. L. 86-249, Sec. 17(8)-(11), Sept. 9, 1959, 73 Stat. 484, 485 -MISC1- Section 262, acts Mar. 4, 1909, ch. 299, 35 Stat. 959; May 29, 1928, ch. 901, Sec. 1(18), 45 Stat. 987, permitted rental of buildings on lands acquired for sites. Section 263, act Aug. 7, 1882, ch. 433, 22 Stat. 305, provided that acts passed authorizing purchase of sites and erection of public buildings thereon shall not be held or construed to appropriate money unless the acts in express language make such appropriations. Section 264, act Mar. 4, 1913, ch. 147, Sec. 5, 37 Stat. 879, placed restrictions on authorizations for construction of post offices. Section 265, acts June 25, 1910, ch. 383, Sec. 35, 36 Stat. 699; June 15, 1938, ch. 382, 52 Stat. 683, related to construction of buildings for executive departments or establishments. See section 601 et seq. of this title. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44125 Document 371 of 816------ -CITE- 40 USC Sec. 265a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 265a. Omitted -COD- CODIFICATION Section, acts June 26, 1943, ch. 145, title I, 57 Stat. 178; June 27, 1944, ch. 286, title I, 58 Stat. 369; May 3, 1945, ch. 106, title I, 59 Stat. 115; Mar. 28, 1946, ch. 113, title I, 60 Stat. 68, which related to availability of funds for payment of salaries, etc., in connection with construction projects, was not repeated in subsequent appropriation acts and expired with the appropriation acts of which it was a part. ------DocID 44126 Document 372 of 816------ -CITE- 40 USC Sec. 266 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 266. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(90), 65 Stat. 705 -MISC1- Section, act Mar. 3, 1903, ch. 1007, 32 Stat. 1091, related to purchase of, and payment for, specially prepared paper for duplication of plans, and payment for other incidental expenses and supplies, in connection with carrying into effect appropriations for public buildings. ------DocID 44127 Document 373 of 816------ -CITE- 40 USC Sec. 267 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 267. Repealed. Pub. L. 86-249, Sec. 17(12), Sept. 9, 1959, 73 Stat. 485 -MISC1- Section, R.S. Sec. 3734; act June 25, 1910, ch. 383, Sec. 33, 36 Stat. 699, prohibited expenditures upon public buildings until after approval of sketch plans. See section 601 et seq. of this title. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44128 Document 374 of 816------ -CITE- 40 USC Sec. 267a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 267a. Omitted -COD- CODIFICATION Section, act June 30, 1932, ch. 314, Sec. 320, 47 Stat. 412, provided for a 10 per centum reduction of limit of cost fixed by authorizations for construction of public buildings and public improvements granted by law prior to June 30, 1932. ------DocID 44129 Document 375 of 816------ -CITE- 40 USC Sec. 268 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 268. Repealed. Pub. L. 86-249, Sec. 17(7), Sept. 9, 1959, 73 Stat. 484 -MISC1- Section, act Mar. 2, 1889, ch. 411, 25 Stat. 941, prohibited approval of plans for public buildings until after site therefor shall have been finally selected. See section 601 et seq. of this title. SAVINGS PROVISION Section repealed except as to its applications to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44130 Document 376 of 816------ -CITE- 40 USC Sec. 269 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 269. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(91), 65 Stat. 705 -MISC1- Section, act June 6, 1902, ch. 1036, Sec. 21, 32 Stat. 326, related to liquidated damages for delay in connection with contracts for construction or repair of public buildings or works, and to suits thereon. See section 256a of Title 41, Public Contracts. ------DocID 44131 Document 377 of 816------ -CITE- 40 USC Sec. 269a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 269a. Omitted -COD- CODIFICATION Section, acts Sept. 9, 1940, ch. 717, title I, 54 Stat. 873; Oct. 8, 1940, ch. 756, title I, 54 Stat. 968; June 30, 1941, ch. 262, 55 Stat. 375, which limited, after Sept. 9, 1940, the contractor's fee for construction and installation of buildings, etc., at military posts, to 6 per centum of the estimated cost, exclusive of the fee, has not been repeated in subsequent years, except as a temporary measure and expired with the appropriation acts of which it was a part. ------DocID 44132 Document 378 of 816------ -CITE- 40 USC Sec. 270 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270. Repealed. Aug. 24, 1935, ch. 642, Sec. 5, 49 Stat. 794 -MISC1- Section, acts Aug. 13, 1894, ch. 280, 28 Stat. 278; Feb. 24, 1905, ch. 778, 33 Stat. 811; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167, related to bonds of contractors for buildings or works. See sections 270a to 270d of this title. The repealing section provided that section should remain in force with respect to contracts for which invitations for bids had been issued on or before sixty days after August 24, 1935, and to persons and bonds in respect of such contracts. ------DocID 44133 Document 379 of 816------ -CITE- 40 USC Sec. 270a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270a. Bonds of contractors of public buildings or works -STATUTE- (a) Type of bonds required Before any contract, exceeding $25,000 in amount, for the construction, alteration, or repair of any public building or public work of the United States is awarded to any person, such person shall furnish to the United States the following bonds, which shall become binding upon the award of the contract to such person, who is hereinafter designated as 'contractor': (1) A performance bond with a surety or sureties satisfactory to the officer awarding such contract, and in such amount as he shall deem adequate, for the protection of the United States. (2) A payment bond with a surety or sureties satisfactory to such officer for the protection of all persons supplying labor and material in the prosecution of the work provided for in said contract for the use of each such person. Whenever the total amount payable by the terms of the contract shall be not more than $1,000,000 the said payment bond shall be in a sum of one-half the total amount payable by the terms of the contract. Whenever the total amount payable by the terms of the contract shall be more than $1,000,000 and not more than $5,000,000, the said payment bond shall be in a sum of 40 per centum of the total amount payable by the terms of the contract. Whenever the total amount payable by the terms of the contract shall be more than $5,000,000 the said payment bond shall be in the sum of $2,500,000. (b) Waiver of bonds for contracts performed in foreign countries The contracting officer in respect of any contract is authorized to waive the requirement of a performance bond and payment bond for so much of the work under such contract as is to be performed in a foreign country if he finds that it is impracticable for the contractor to furnish such bonds. (c) Authority to require additional bonds Nothing in this section shall be construed to limit the authority of any contracting officer to require a performance bond or other security in addition to those, or in cases other than the cases specified in subsection (a) of this section. (d) Coverage for taxes in performance bond Every performance bond required under this section shall specifically provide coverage for taxes imposed by the United States which are collected, deducted, or withheld from wages paid by the contractor in carrying out the contract with respect to which such bond is furnished. However, the United States shall give the surety or sureties on such bond written notice, with respect to any such unpaid taxes attributable to any period, within ninety days after the date when such contractor files a return for such period, except that no such notice shall be given more than one hundred and eighty days from the date when a return for the period was required to be filed under title 26. No suit on such bond for such taxes shall be commenced by the United States unless notice is given as provided in the preceding sentence, and no such suit shall be commenced after the expiration of one year after the day on which such notice is given. -SOURCE- (Aug. 24, 1935, ch. 642, Sec. 1, 49 Stat. 793; Nov. 2, 1966, Pub. L. 89-719, title I, Sec. 105(b), 80 Stat. 1139; Nov. 2, 1978, Pub. L. 95-585, 92 Stat. 2484; Oct. 22, 1986, Pub. L. 99-514, Sec. 2, 100 Stat. 2095.) -MISC1- AMENDMENTS 1986 - Subsec. (d). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954', which for purposes of codification was translated as 'title 26' thus requiring no change in text. 1978 - Subsec. (a). Pub. L. 95-585 substituted '$25,000' for '$2,000'. 1966 - Subsec. (d). Pub. L. 89-719 added subsec. (d). EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-719 applicable to contract entered into pursuant to invitations for bids issued after June 30, 1967, see section 114(c)(2) of Pub. L. 89-719, set out as a note under section 6323 of Title 26, Internal Revenue Code. EFFECTIVE DATE Section 5 of act Aug. 24, 1935, provided in part: 'That this act (enacting this section and sections 270b to 270d of this title) shall take effect upon the expiration of sixty days after the date of its enactment (Aug. 24, 1935), but shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract.' SHORT TITLE Act Aug. 24, 1935, which enacted sections 270a to 270d of this title, is popularly known as the 'Miller Act'. WAIVER OF SECTIONS 270A TO 270D OF THIS TITLE BY SECRETARY OF THE TREASURY Act July 11, 1941, ch. 290, Sec. 3(b), 55 Stat. 585, which authorized the Secretary of the Treasury, in his discretion, to waive sections 270a to 270d of this title with respect to certain contracts entered into for the Coast Guard during the national emergency, was repealed by Joint Res. July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270b, 270d, 270e, 270f of this title; title 15 sections 636, 637; title 25 sections 47a, 450j, 1656; title 31 section 9303; title 39 section 410; title 42 sections 1594, 11705. ------DocID 44134 Document 380 of 816------ -CITE- 40 USC Sec. 270b -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270b. Rights of persons furnishing labor or material -STATUTE- (a) Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which a payment bond is furnished under sections 270a to 270d of this title and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material was furnished or supplied by him for which such claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute said action to final execution and judgment for the sum or sums justly due him: Provided, however, That any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing said payment bond shall have a right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelop addressed 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. (b) Every suit instituted under this section shall be brought in the name of the United States for the use of the person suing, in the United States District Court for any district in which the contract was to be performed and executed and not elsewhere, irrespective of the amount in controversy in such suit, but no such suit shall be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied by him. The United States shall not be liable for the payment of any costs or expenses of any such suit. -SOURCE- (Aug. 24, 1935, ch. 642, Sec. 2, 49 Stat. 794; Aug. 4, 1959, Pub. L. 86-135, Sec. 1, 73 Stat. 279.) -MISC1- AMENDMENTS 1959 - Subsec. (b). Pub. L. 86-135 substituted 'day on which the last of the labor was performed or material was supplied by him' for 'date of final settlement of such contract'. EFFECTIVE DATE Section effective upon expiration of sixty days after Aug. 24, 1935, but not applicable to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract, see section 5 of act Aug. 24, 1935, set out as a note under section 270a of this title. RETROACTIVE EFFECT Section 3 of Pub. L. 86-135 provided that: 'The rights of laborers and material men under contracts entered into before the effective date (Aug. 4, 1959) of this amendment (amending this section and section 270c of this title) shall not be affected.' -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Parties, see rule 17, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270d, 270e, 270f of this title; title 15 section 636; title 25 sections 47a, 450j, 1656; title 31 sections 3905, 9303; title 39 section 410; title 42 section 11705. ------DocID 44135 Document 381 of 816------ -CITE- 40 USC Sec. 270c -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270c. Right of person furnishing labor or material to copy of bond -STATUTE- The department secretary or agency head of the contracting agency is authorized and directed to furnish, to any person making application therefor who submits an affidavit that he has supplied labor or materials for such work and payment therefor has not been made or that he is being sued on any such bond, a certified copy of such bond and the contract for which it was given, which copy shall be prima facie evidence of the contents, execution, and delivery of the original. Applicants shall pay for such certified copies such fees as the department secretary or agency head of the contracting agency fixes to cover the cost of preparation thereof. -SOURCE- (Aug. 24, 1935, ch. 642, Sec. 3, 49 Stat. 794; Aug. 4, 1959, Pub. L. 86-135, Sec. 2, 73 Stat. 279; Apr. 18, 1984, Pub. L. 98-269, 98 Stat. 156.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-269 substituted 'department secretary or agency head of the contracting agency' for 'Comptroller General' in two places. 1959 - Pub. L. 86-135 struck out ', and, in case final settlement of such contract, has been made, a certified statement of the date of such settlement, which shall be conclusive as to such date upon the parties' and 'and certified statements' after 'original' and 'certified copies', respectively. EFFECTIVE DATE Section effective upon expiration of sixty days after Aug. 24, 1935, but not applicable to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract, sec section 5 of act Aug. 24, 1935, set out as a note under section 270a of this title. RETROACTIVE EFFECT Rights of laborers and material men under contracts entered into before Aug. 4, 1959, unaffected, see section 3 of Pub. L. 86-135, set out as a note under section 270b of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Proof of official records, see rule 44, Title 28, Appendix, Judiciary and Judicial Procedure. Effect of rule 44 on this section, see note by Advisory Committee under that rule. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270b, 270d, 270e, 270f of this title; title 15 section 636; title 25 sections 47a, 450j, 1656; title 31 section 9303; title 39 section 410; title 42 section 11705. ------DocID 44136 Document 382 of 816------ -CITE- 40 USC Sec. 270d -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270d. 'Person' defined -STATUTE- The term 'person' and the masculine pronoun as used in sections 270a to 270d of this title shall include all persons whether individuals, associations, copartnerships, or corporations. -SOURCE- (Aug. 24, 1935, ch. 642, Sec. 4, 49 Stat. 794.) -MISC1- EFFECTIVE DATE Section effective upon expiration of sixty days after Aug. 24, 1935, but not applicable to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract, see section 5 of act Aug. 24, 1935, set out as a note unde section 270a of this title. -CROSS- CROSS REFERENCES Definition of 'person' as used in any Act of Congress, see section 1 of Title 1, General Provisions. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270b, 270e, 270f of this title; title 15 section 636; title 25 sections 47a, 450j, 1656; title 31 section 9303; title 39 section 410; title 42 section 11705. ------DocID 44137 Document 383 of 816------ -CITE- 40 USC Sec. 270e -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270e. Waiver of sections 270a to 270d with respect to Army, Navy, Air Force, or Coast Guard contracts -STATUTE- The Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Transportation may waive sections 270a to 270d of this title with respect to cost-plus-a-fixed fee and other cost-type contracts for the construction, alteration, or repair of any public building or public work of the United States and with respect to contracts for the manufacturing, producing, furnishing, construction, alteration, repair, processing, or assembling of vessels, aircraft, munitions, materiel, or supplies of any kind or nature for the Army, Navy, Air Force, or Coast Guard, respectively, regardless of the terms of such contracts as to payment or title. -SOURCE- (Apr. 29, 1941, ch. 81, Sec. 1, 55 Stat. 147; June 3, 1955, ch. 129, 69 Stat. 83; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(b)(1), 80 Stat. 938.) -MISC1- AMENDMENTS 1955 - Act June 3, 1955, authorized the Secretary of the Treasury to waive requirement of performance and payment bonds in connection with certain Coast Guard contracts, included the Secretary of the Air Force for purposes of clarification, made specific reference to cost-type contracts, and struck out proviso permitting bonds to be required for contracts which on Apr. 29, 1941, would have been subject to provisions of sections 270a to 270d of this title. -TRANS- TRANSFER OF FUNCTIONS Coast Guard transferred to Department of Transportation, and all functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, Sec. 6(b)(1). Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 410. ------DocID 44138 Document 384 of 816------ -CITE- 40 USC Sec. 270f -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270f. Waiver of sections 270a to 270d with respect to transportation contracts -STATUTE- The Secretary of Transportation may waive sections 270a to 270d of this title, with respect to contracts for the construction, alteration, or repair, of vessels of any kind or nature, entered into pursuant to sections 1535 and 1536 of title 31, the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), or the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.), regardless of the terms of such contracts as to payment or title. -SOURCE- (Apr. 29, 1941, ch. 81, Sec. 2, as added Oct. 21, 1970, Pub. L. 91-469, Sec. 39, 84 Stat. 1036, and amended Aug. 6, 1981, Pub. L. 97-31, Sec. 12(12), 95 Stat. 154.) -REFTEXT- REFERENCES IN TEXT The Merchant Marine Act, 1936, referred to in text, is act June 29, 1936, ch. 858, 49 Stat. 1985, as amended, which is classified principally to chapter 27 (Sec. 1101 et seq.) of Title 46, Appendix, Shipping. For complete classification of this Act to the Code, see section 1245 of Title 46 and Tables. The Merchant Ship Sales Act of 1946, referred to in text, is act Mar. 8, 1946, ch. 82, 60 Stat. 41, as amended, which is classified to sections 1735 to 1746 of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1735 of Title 50, Appendix, and Tables. -COD- CODIFICATION 'Sections 1535 and 1536 of title 31' substituted in text for 'the Act of June 30, 1932 (47 Stat. 382, 417-418), as amended (31 U.S.C. 686, 686b)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- AMENDMENTS 1981 - Pub. L. 97-31 substituted 'Transportation' for 'Commerce'. ------DocID 44139 Document 385 of 816------ -CITE- 40 USC Sec. 271, 272 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 271, 272. Omitted -COD- CODIFICATION Section 271, acts Aug. 25, 1919, ch. 52, 41 Stat. 281; Mar. 1, 1929, ch. 423, 45 Stat. 1425, provided relief for certain contractors for losses due to increased costs arising from the entrance of the United States into war on Apr. 6, 1917. Section 272, act Mar. 6, 1920, ch. 94, 41 Stat. 507, related to losses due to World War I conditions. ------DocID 44140 Document 386 of 816------ -CITE- 40 USC Sec. 273 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 273. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(92), 65 Stat. 705 -MISC1- Section, act Mar. 3, 1887, ch. 362, 24 Stat. 512, related to contracts for heating apparatus for public buildings. See sections 252 and 253 of Title 41, Public Contracts. ------DocID 44141 Document 387 of 816------ -CITE- 40 USC Sec. 274 to 276 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 274 to 276. Repealed. Pub. L. 86-249, Sec. 17(13)-(15), Sept. 9, 1959, 73 Stat. 485 -MISC1- Section 274, act Mar. 2, 1895, ch. 189, 28 Stat. 914, authorized the payment for electric wiring of buildings. Section 275, act July 1, 1916, ch. 209, 39 Stat. 273, related to payment for gas and electric fixtures for the equipment of public buildings. Section 276, act June 6, 1900, ch. 791, 31 Stat. 591, authorized payment for engineering and electric-light plants in public buildings. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44142 Document 388 of 816------ -CITE- 40 USC Sec. 276a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a. Rate of wages for laborers and mechanics -STATUTE- (a) The advertised specifications for every contract in excess of $2,000, to which the United States or the District of Columbia is a party, for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works of the United States or the District of Columbia within the geographical limits of the States of the Union or the District of Columbia, and which requires or involves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics which shall be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the city, town, village, or other civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there; and every contract based upon these specifications shall contain a stipulation that the contractor or his subcontractor shall pay all mechanics and laborers employed directly upon the site of the work, unconditionally and not less often than 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 such laborers and mechanics, and that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of accrued payments as may be considered necessary by the contracting officer 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 such laborers and mechanics and not refunded to the contractor, subcontractors, or their agents. (b) As used in sections 276a to 276a-5 of this title the term 'wages', 'scale of wages', 'wage rates', 'minimum wages', and 'prevailing wages' shall include - (1) the basic hourly rate of pay; and (2) the amount of - (A) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and (B) the rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforcible commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected, 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 foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying 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 such benefits: Provided, That the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the Secretary of Labor, insofar as sections 276a to 276a-5 of this title and other Acts incorporating sections 276a to 276a-5 of this title by reference are concerned may be discharged by the making of payments in cash, by the making of contributions of a type referred to in paragraph (2)(A), or by the assumption of an enforcible commitment to bear the costs of a plan or program of a type referred to in paragraph (2)(B), or any combination thereof, where the aggregate of any such payments, contributions, and costs is not less than the rate of pay described in paragraph (1) plus the amount referred to in paragraph (2). In determining the overtime pay to which the laborer or mechanic is entitled under any Federal law, his regular or basic hourly rate of pay (or other alternative rate upon which premium rate of overtime compensation is computed) shall be deemed to be the rate computed under paragraph (1), except that where the amount of payments, contributions, or costs incurred with respect to him exceeds the prevailing wage applicable to him under sections 276a to 276a-5 of this title, such regular or basic hourly rate of pay (or such other alternative rate) shall be arrived at by deducting from the amount of payments, contributions, or costs actually incurred with respect to him, the amount of contributions or costs of the types described in paragraph (2) actually incurred with respect to him, or the amount determined under paragraph (2) but not actually paid, whichever amount is the greater. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 1, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1011; June 15, 1940, ch. 373, Sec. 1, 54 Stat. 399; July 12, 1960, Pub. L. 86-624, Sec. 26, 74 Stat. 418; July 2, 1964, Pub. L. 88-349, Sec. 1, 78 Stat. 238.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-349 designated existing provisions as subsec. (a) and added subsec. (b). 1960 - Pub. L. 86-624 struck out references to Territories of Alaska and Hawaii. 1940 - Act June 15, 1940, extended benefits of this section to Territories of Alaska and Hawaii. 1935 - Act Aug. 30, 1935, amended section generally. EFFECTIVE DATE OF 1964 AMENDMENT Section 4 of Pub. L. 88-349 provided that: 'The amendments made by this Act (amending this section, section 1715c of Title 12, Banks and Banking, and section 1114 of Title 49, Appendix, Transportation) shall take effect on the ninetieth day after the date of enactment of this Act (July 2, 1964), but shall not affect any contract in existence on such effective date or made thereafter pursuant to invitations for bids outstanding on such effective date and the rate of payments specified by section 1(b)(2) of the Act of March 3, 1931, as amended by this Act (subsec. (b)(2) of this section), shall, during a period of two hundred and seventy days after such effective date, become effective only in those cases and reasonable classes of cases as the Secretary of Labor, acting as rapidly as practicable to make such rates of payments fully effective, shall by rule of regulation provide.' EFFECTIVE DATE OF 1940 AMENDMENT Section 2 of act June 15, 1940, provided: 'The amendments made by this Act (amending this section) shall take effect on the thirtieth day after the date of enactment of this Act (June 15, 1940), but shall not affect any contract in existence on such effective date or made thereafter pursuant to invitations for bids outstanding on the date of enactment of this Act.' SHORT TITLE Act Mar. 3, 1931, as amended, which enacted sections 276a to 276a-5 of this title, is popularly known as the 'Davis-Bacon Act'. CONTRACTING AUTHORITY OF GOVERNMENT AGENCIES IN CONNECTION WITH NATIONAL DEFENSE FUNCTIONS Provisions of sections 276a to 276a-5 of this title as applicable to Government agencies exercising certain contracting authority in connection with national defense functions, see section 13 of Ex. Ord. No. 10789, set out as a note under section 1431 of Title 50, War and National Defense. ENFORCEMENT OF LABOR STANDARDS Labor standards under provisions of this section to be prescribed and enforced by Secretary of Labor, see Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Intervention, see rule 24, Title 28, Appendix, Judiciary and Judicial Procedure. Effect of rule 24 on this section, see note by Advisory Committee under that rule. -SECREF- ACT REFERRED TO IN OTHER SECTIONS The Davis-Bacon Act (40 U.S.C. 276a to 276a-5) is referred to in sections 276a-7, 808 of this title; title 10 section 2304; title 12 sections 1701q, 1715c; title 15 section 3152; title 16 section 284c; title 20 sections 954, 956, 1132g-1, 1232b, 4322, 4332; title 23 section 113; title 25 sections 450e, 458, 1633; title 29 sections 251 to 256, 258, 259, 262, 776, 1553; title 33 section 1372; title 38 section 5035; title 39 section 410; title 40 App. section 402; title 41 sections 42, 258; title 42 sections 242m, 254b, 254c, 291e, 293a, 300j-9, 300s-1, 300t-12, 1437j, 1440, 1486, 1592i, 2992a, 3027, 3107, 3222, 3936, 4728, 5046, 5310, 5919, 6042, 6063, 6371j, 6708, 6728, 6881, 6979, 7614, 8013, 9604, 12836; title 45 section 565; title 49 App. sections 1609, 2214; title 50 App. sections 2095, 2096, 2281. ------DocID 44143 Document 389 of 816------ -CITE- 40 USC Sec. 276a-1 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-1. Termination of work on failure to pay agreed wages; completion of work by Government -STATUTE- Every contract within the scope of sections 276a to 276a-5 of this title shall contain the further provision that in the event it is found by the contracting officer 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 as aforesaid, the Government may, by written notice to the contractor, terminate his right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages and to prosecute the work to completion by contract or otherwise, and the contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 2, as added Aug. 30, 1935, ch. 825, 49 Stat. 1012.) -MISC1- ENFORCEMENT OF LABOR STANDARDS Labor standards under provisions of this section to be prescribed and enforced by Secretary of Labor, see Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 44144 Document 390 of 816------ -CITE- 40 USC Sec. 276a-2 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-2. Payment of wages by Comptroller General from withheld payments; listing contractors violating contracts -STATUTE- (a) The Comptroller General of the United States is authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics pursuant to sections 276a to 276a-5 of this title; and the Comptroller General of the United States is further authorized and is directed to distribute a list to all departments of the Government giving the names of persons or firms whom he has found to have disregarded their obligations to employees and subcontractors. No contract shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have an interest until three years have elapsed from the date of publication of the list containing the names of such persons or firms. (b) If the accrued payments withheld under the terms of the contract, as aforesaid, are insufficient to reimburse all the laborers and mechanics with respect to whom there has been a failure to pay the wages required pursuant to sections 276a to 276a-5 of this title, such laborers and mechanics shall have the right of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 3, as added Aug. 30, 1935, ch. 825, 49 Stat. 1012.) -MISC1- ENFORCEMENT OF LABOR STANDARDS Labor standards under provisions of this section to be prescribed and enforced by Secretary of Labor, see Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 44145 Document 391 of 816------ -CITE- 40 USC Sec. 276a-3 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-3. Effect on other Federal laws -STATUTE- Sections 276a to 276a-5 of this title shall not be construed to supersede or impair any authority otherwise granted by Federal law to provide for the establishment of specific wage rates. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 4, as added Aug. 30, 1935, ch. 825, 49 Stat. 1012.) ------DocID 44146 Document 392 of 816------ -CITE- 40 USC Sec. 276a-4 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-4. Effective date of sections 276a to 276a-5 -STATUTE- Sections 276a to 276a-5 of this title shall take effect thirty days after August 30, 1935, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding on August 30, 1935. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 5, as added Aug. 30, 1935, ch. 825, 49 Stat. 1013.) ------DocID 44147 Document 393 of 816------ -CITE- 40 USC Sec. 276a-5 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-5. Suspension of sections 276a to 276a-5 during emergency -STATUTE- In the event of a national emergency the President is authorized to suspend the provisions of sections 276a to 276a-5 of this title. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 6, as added Aug. 30, 1935, ch. 825, 49 Stat. 1013.) -MISC1- TERMINATION OF WAR AND EMERGENCIES Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in the interpretation of this section, the date July 25, 1947, shall 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. ------DocID 44148 Document 394 of 816------ -CITE- 40 USC Sec. 276a-6 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-6. Omitted -COD- CODIFICATION Section, act Mar. 3, 1931, ch. 411, Sec. 7, as added Aug. 30, 1935, ch. 825, 49 Stat. 1011, provided that the funds made available by the Emergency Relief Appropriation Act of 1935 (act Apr. 8, 1935, ch. 48, 49 Stat. 115) should be available for the fiscal year ending June 30, 1936, for administrative expenses under sections 276a to 276a-5 of this title. ------DocID 44149 Document 395 of 816------ -CITE- 40 USC Sec. 276a-7 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-7. Application of sections 276a to 276a-5 to contracts entered into without regard to section 5 of title 41 -STATUTE- The fact that any contract authorized by any Act is entered into without regard to section 5 of title 41, or upon a cost-plus-a-fixed-fee basis or otherwise without advertising for proposals, shall not be construed to render inapplicable the provisions of sections 276a to 276a-5 of this title, if such Act would otherwise be applicable to such contract. -SOURCE- (Mar. 23, 1941, ch. 26, 55 Stat. 53; Aug. 21, 1941, ch. 395, 55 Stat. 658.) ------DocID 44150 Document 396 of 816------ -CITE- 40 USC Sec. 276b -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276b. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, act June 13, 1934, ch. 482, Sec. 1, 48 Stat. 948, related to extortion from persons employed in construction of building or works financed by United States. See section 874 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, pursuant to section 20 of act June 25, 1948. ------DocID 44151 Document 397 of 816------ -CITE- 40 USC Sec. 276c -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276c. Regulations governing contractors and subcontractors -STATUTE- The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of title 18 shall apply to such statements. -SOURCE- (June 13, 1934, ch. 482, Sec. 2, 48 Stat. 948; May 24, 1949, ch. 139, Sec. 134, 63 Stat. 108; Aug. 28, 1958, Pub. L. 85-800, Sec. 12, 72 Stat. 967.) -MISC1- AMENDMENTS 1958 - Pub. L. 85-800 substituted 'statement' for 'sworn affidavit' and inserted sentence making section 1001 of title 18 applicable to statements. 1949 - Act May 24, 1949, amended section generally and substituted provision that regulations be made by the Secretary of Labor for provision that regulations be made by the Secretary of the Interior and Secretary of the Treasury jointly. ENFORCEMENT OF LABOR STANDARDS Labor standards under provisions of this section to be prescribed and enforced by Secretary of Labor, see Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Public library construction, application of section to, see section 355c of Title 20, Education. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 330, 808 of this title; title 20 sections 954, 956, 1232b, 4322, 4332; title 25 section 450e; title 29 sections 776, 1553; title 33 section 1372; title 39 section 410; title 40 App. section 402; title 42 sections 242m, 254b, 254c, 291e, 293a, 300j-9, 300s-1, 300t-12, 1440, 1486, 1592i, 2992a, 3027, 3107, 3222, 5046, 5310, 5919, 6042, 6063, 6371j, 6708, 6728, 6881, 6979, 7614, 9604; title 49 App. section 1609; title 50 App. sections 2095, 2096, 2281. ------DocID 44152 Document 398 of 816------ -CITE- 40 USC Sec. 277 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 277. Repealed. Pub. L. 86-249, Sec. 17(16), Sept. 9, 1959, 73 Stat. 485 -MISC1- Section, act Aug. 5, 1892, ch. 380, 27 Stat. 351, placed a limitation on the amount of compensation payable to persons employed outside of the District of Columbia whose compensation is paid from appropriations for public buildings in course of construction. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44153 Document 399 of 816------ -CITE- 40 USC Sec. 277a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 277a. Omitted -COD- CODIFICATION Section, acts June 27, 1942, ch. 450, title I, 56 Stat. 407; June 26, 1943, ch. 145, title I, 57 Stat. 178; June 27, 1944, ch. 286, title I, 58 Stat. 368; May 3, 1945, ch. 106, title I, 59 Stat. 114; Mar. 28, 1946, ch. 113, title I, 60 Stat. 67; July 30, 1947, ch. 359, title I, 61 Stat. 594; Apr. 20, 1948, ch. 219, title I, 62 Stat. 183; June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380; Aug. 24, 1949, ch. 506, title I, 63 Stat. 640, related to compensation of per diem employees, at rates approved by the Administrator of General Services, out of appropriations for salaries and expenses, public buildings and grounds in and outside the District of Columbia, and for national industrial reserve; and to emergency employment such persons subject to the Administrator's confirmation. While similar provisions, with respect to such compensation, were contained in the Independent Offices Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 697, they are broader in scope, and the language of this section was not repeated therein in toto. It would seem that the provisions expire from year to year with the particular appropriation acts of which they are a part. ------DocID 44154 Document 400 of 816------ -CITE- 40 USC Sec. 278 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 278. Repealed. Pub. L. 86-249, Sec. 17(17), Sept. 9, 1959, 73 Stat. 485 -MISC1- Section, act Mar. 3, 1887, ch. 362, 24 Stat. 512, related to the employment of persons for supervision and care of buildings where buildings are completed with the exception of heating apparatus and approaches. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44155 Document 401 of 816------ -CITE- 40 USC Sec. 278a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 278a. Repealed. Pub. L. 100-678, Sec. 7, Nov. 17, 1988, 102 Stat. 4052 -MISC1- Section, acts June 30, 1932, ch. 314, Sec. 322, 47 Stat. 412; Mar. 3, 1933, ch. 212, title II, Sec. 15, 47 Stat. 1517, related to limitations on amount to be expended for rental of buildings for Government purposes. Section was formerly classified to section 40a of this title. EXEMPTION ON 15 PERCENT LIMITATION FOR LEASES Pub. L. 98-151, Sec. 101(f) (H.R. 4139, title IV, Sec. 6), Nov. 14, 1983, 97 Stat. 973; Pub. L. 100-202, Sec. 106, Oct. 22, 1987, 101 Stat. 1329-433, provided that: 'Funds made available by this or any other Act for the payment of rent shall be hereafter available for the purpose of leasing space without regard to section 322 of the Act of June 30, 1932, as amended (40 U.S.C. 278a).' Similar provisions were contained in the following prior appropriation acts: Pub. L. 98-107, Sec. 101(d) (H.R. 4139, title IV, Sec. 6), Oct. 1, 1987, 97 Stat. 736, as amended by Pub. L. 98-151, Sec. 140, Nov. 14, 1983, 97 Stat. 981; Pub. L. 97-377, Sec. 101(a) (incorporating H.R. 4121, title IX, Sec. 7, for FY 1982), Dec. 21, 1982, 96 Stat. 1830; Pub. L. 97-92, Sec. 101(a) (H.R. 4121, title IV, Sec. 7), Dec. 15, 1981, 95 Stat. 1183. ------DocID 44156 Document 402 of 816------ -CITE- 40 USC Sec. 278b -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 278b. Omitted -COD- CODIFICATION Section, act Apr. 28, 1942, ch. 249, 56 Stat. 247, provided for nonapplicability of section 278a of this title during war or national emergency. ------DocID 44157 Document 403 of 816------ -CITE- 40 USC Sec. 278c -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 278c. Omitted -COD- CODIFICATION Section, act Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 708, excepted the provisions of section 278a of this title from any lease entered into by or transferred to the General Services Administration for the housing of agencies specifically exempted from said section 278a, and was not repeated in subsequent appropriation acts. ------DocID 44158 Document 404 of 816------ -CITE- 40 USC Sec. 279 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 279. Appropriations for buildings available for use in temporary rented quarters -STATUTE- Unless otherwise specifically provided by law, whenever the Administrator of General Services is authorized to secure temporary quarters for the use of Government officials pending the alteration, improvement, or repairs to, or the remodeling, reconstruction, or enlargement of, any public building belonging to the United States under the control of the Administrator of General Services the appropriation for vaults, safes, and locks for public buildings shall be available, if necessary, in connection with such portions of the premises as may be rented for or occupied by such officials in the same manner, for the same purpose, and to the same extent as if the title to such premises were vested in the United States. -SOURCE- (Mar. 3, 1905, ch. 1483, 33 Stat. 1161; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is based on Sundry Civil Appropriation Act Mar. 3, 1905, fiscal year 1906. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. 'Federal Works Agency,' as formerly used in this section, originally read 'Treasury Department,' and 'Federal Works Administrator' originally read 'Secretary of the Treasury.' By Reorg. Plan No. I of 1939, Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration, Federal Works Agency, and functions of Secretary of the Treasury relating to Public Buildings Branch of Procurement Division and to selection of location and sites for public buildings transferred to Federal Works Administrator. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44159 Document 405 of 816------ -CITE- 40 USC Sec. 280 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 280. Operating supplies, operating force, and repairs -STATUTE- Unless otherwise specifically provided by law, whenever the Administrator of General Services is authorized to secure temporary quarters for the use of the Government officials pending the alteration, improvement, or repairs to, or the remodeling, reconstruction, or enlargement of any public building under the control of the Administrator of General Services, including the customhouse at Washington, District of Columbia, but excluding any other public building under the control of the Administrator of General Services within the District of Columbia, and excluding also marine hospitals and quarantine stations, mints and branch mints, appropriations for operating force and operating supplies for public buildings shall be available, if necessary, in connection with such portions of the premises as may be rented for or occupied by such officials in the same manner, for the same purpose, and to the same extent as if the title to such premises were vested in the United States. -SOURCE- (Aug. 24, 1912, ch. 355, 37 Stat. 432; June 23, 1913, ch. 3, 38 Stat. 22; 1939 Reorg. Plan No. 1, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is based on provisos in the Sundry Civil Appropriation Acts Aug. 24, 1912, and June 23, 1913, respectively, fiscal years 1913 and 1914. -TRANS- TRANSFER OF FUNCTIONS Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. 'Federal Works Agency,' as formerly used in this section, originally read 'Treasury Department,' and 'Federal Works Administrator' originally read 'Secretary of the Treasury.' By Reorg. Plan No. 1 of 1939, Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration, Federal Works Agency, and functions of Secretary of the Treasury relating to Public Buildings Branch of Procurement Division and to selection of location and sites for public buildings transferred to Federal Works Administrator. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44160 Document 406 of 816------ -CITE- 40 USC Sec. 281 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 281. Furniture and repairs -STATUTE- Unless otherwise specifically provided by law, whenever the Administrator of General Services is authorized to secure temporary quarters for the use of Government officials pending the alteration, improvement, or repairs to, or the remodeling, reconstruction, or enlargement of any public building under the control of the Administrator of General Services, excluding marine hospitals and quarantine stations, mints and branch mints, appropriations for furniture and repairs of furniture, shall be available, if necessary, in connection with such portions of the premises as may be rented for or occupied by such officials in the same manner, for the same purpose, and to the same extent as if the title to such premises were vested in the United States. -SOURCE- (June 23, 1913, ch. 3, 38 Stat. 22; 1939 Reorg. Plan No. 1, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is based on a proviso in Sundry Civil Appropriation Act June 23, 1913, fiscal year 1914. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. 'Federal Works Agency,' as formerly used in this section, originally read 'Treasury Department,' and 'Federal Works Administrator' originally read 'Secretary of the Treasury.' By Reorg. Plan No. I of 1939, Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration, Federal Works Agency, and functions of Secretary of the Treasury relating to Public Buildings Branch of Procurement Division and to selection of location and sites for public buildings transferred to Federal Works Administrator. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44161 Document 407 of 816------ -CITE- 40 USC Sec. 282 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 282. Repealed. Pub. L. 86-249, Sec. 17(14), Sept. 9, 1959, 73 Stat. 485 -MISC1- Section, act July 1, 1916, ch. 209, 39 Stat. 273, provided that appropriations for care, maintenance, and repair shall be available for assay offices assigned quarters in Federal buildings. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44162 Document 408 of 816------ -CITE- 40 USC Sec. 283 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 283. Furniture for new buildings -STATUTE- The furniture for all new public buildings shall be procured in accordance with plans and specifications approved by the Administrator of General Services. -SOURCE- (May 27, 1908, ch. 200, 35 Stat. 327; Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933; 1939 Reorg. Plan No. 1, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is based on act May 27, 1908, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1909'. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, including Public Buildings Administration, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Administrator, Public Buildings Administrator, and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. Office of Supervising Architect of Treasury Department transferred to Public Buildings Branch of Procurement Division of Treasury Department under Ex. Ord. No. 6166. By Reorg. Plan No. I of 1939, Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration, Federal Works Agency, and functions of Secretary of the Treasury relating to Public Buildings Branch of Procurement Division and to selection of location and sites for public buildings transferred to Federal Works Administrator. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44163 Document 409 of 816------ -CITE- 40 USC Sec. 284 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 284. Omitted -COD- CODIFICATION Section, acts Feb. 17, 1922, ch. 55, 42 Stat. 387; Jan. 3, 1923, ch. 22, 42 Stat. 1108; Apr. 4, 1924, ch. 84, title I, 43 Stat. 82; Jan. 22, 1925, ch. 87, title I, 43 Stat. 781; Mar. 2, 1926, ch. 43, title I, Sec. 1, 44 Stat. 153; Jan. 26, 1927, ch. 58, title I, Sec. 1, 44 Stat. 1044; Mar. 5, 1928, ch. 126, title I, Sec. 1, 45 Stat. 185; Dec. 20, 1928, ch. 39, title I, Sec. 1, 45 Stat. 1048; May 15, 1930, ch. 289, title I, Sec. 1, 46 Stat. 358; Feb. 23, 1931, ch. 277, title I, Sec. 1, 46 Stat. 1234; July 5, 1932, ch. 430, title I, Sec. 1, 47 Stat. 596; Mar. 3, 1933, ch. 212, title I, Sec. 1, 47 Stat. 1505; Mar. 15, 1934, ch. 70, title I, Sec. 1, 48 Stat. 441, 449; May 14, 1935, ch. 110, title I, 49 Stat. 233; June 23, 1936, ch. 725, title I, 49 Stat. 1843; May 14, 1937, ch. 180, titles I, II, 50 Stat. 153, 163; Mar. 28, 1938, ch. 55, titles I, II, 52 Stat. 137, 147; May 6, 1939, ch. 115, title I, Sec. 1, 53 Stat. 672, 682; Mar. 25, 1940, ch. 71, title II, 54 Stat. 77; May 31, 1941, ch. 156, title II, Sec. 1, 55 Stat. 234; Mar. 10, 1942, ch. 178, title II, Sec. 1, 56 Stat. 169; June 27, 1942, ch. 450, 56 Stat. 407; June 26, 1943, ch. 145, title I, Sec. 1, 57 Stat. 178; June 30, 1943, ch. 179, title II, Sec. 201, 57 Stat. 243; Apr. 22, 1944, ch. 175, title II, Sec. 1, 58 Stat. 214; June 27, 1944, ch. 286, title I, Sec. 1, 58 Stat. 368; Apr. 24, 1945, ch. 92, title II, 59 Stat. 74; May 3, 1945, ch. 106, title I, Sec. 1, 59 Stat. 114; Mar. 28, 1946, ch. 113, title I, Sec. 101, 60 Stat. 67; July 20, 1946, ch. 588, title II, Sec. 201, 60 Stat. 585; July 1, 1947; ch. 186, title II, Sec. 201, 61 Stat. 233; July 30, 1947, ch. 359, title I, Sec. 101, 61 Stat. 593; Apr. 20, 1948, ch. 219, title 1, Sec. 101, 62 Stat. 183; June 14, 1948, ch. 466, title II, Sec. 201, 62 Stat. 421; June 30, 1949, ch. 286, title II, Sec. 201, 63 Stat. 380; Aug. 24, 1949, ch. 506, title I, Sec. 101, 63 Stat. 640, which related to the use of old furniture owned by the United States in certain public buildings, was not repeated in the Independent Offices Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, ch. VIII, title I, Sec. 101, 64 Stat. 697, and apparently expired with the appropriation acts of which it was a part. See, however, section 471 et seq. of this title. ------DocID 44164 Document 410 of 816------ -CITE- 40 USC Sec. 285 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 285. Buildings under control of Administrator of General Services -STATUTE- All courthouses, customhouses, appraiser's stores, barge offices, and other public buildings outside of the District of Columbia and outside of military reservations which have been purchased or erected, or are in course of construction, or which may be erected or purchased