### §9501. Chief of Engineers

(a) Superintendence Duties.—

(1) Washington aqueduct and other public works and improvements in the district of columbia.—The Chief of Engineers has the immediate superintendence of—

(A) the Washington Aqueduct, together with all rights, appurtenances, and fixtures connected with the Aqueduct and belonging to the Federal Government; and

(B) all other public works and improvements in the District of Columbia in which the Government has an interest and which are not otherwise specially provided for by law.

(2) Obeying regulations.—In carrying out paragraph (1), the Chief of Engineers shall obey regulations the President prescribes, through the Secretary of the Army.

(b) No Increase in Compensation.—The Chief of Engineers shall not receive additional compensation for the services required under this chapter.

(c) Office.—The Chief of Engineers shall be furnished an office in one of the public buildings in the District of Columbia, as the Administrator of General Services directs, and shall be supplied by the Federal Government with stationery, instruments, books, and furniture which may be required for the performance of the duties of the Chief of Engineers.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 9501(a)(1) | 40:45. | R.S. §1800. |
| 9501(a)(2) | 40:48. | R.S. §1801. |
| 9501(b) | 40:46. | R.S. §1807. |
| 9501(c) | 40:47. | R.S. §1808. |

Section

In subsection (a)(2), the words "pursuant to law" are omitted as unnecessary. The words "Secretary of the Army" are substituted for "Department of War" [subsequently changed to "Department of the Army" because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).

In subsection (b), the word "additional" is substituted for "other than his regular pay as an officer of the Corps of Engineers" to eliminate unnecessary words. The words "of him" are omitted as unnecessary. The words "this chapter" are substituted for "title 21 of the Revised Statutes" because the only provisions of title 21 related to the Chief of Engineers that have not been repealed are contained in the revised chapter.

In subsection (c), the words "an office" are substituted for "official apartments" for clarity. The words "District of Columbia" are substituted for "city of Washington" for consistency in the revised title and with other titles of the United States Code. The words "Administrator of General Services" are substituted for "President" [subsequently changed to "Public Buildings Commission" because of section 10 of the Act of March 1, 1919 (ch. 86, 40 Stat. 1269), "National Park Service" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and "Public Buildings Administrator in the Federal Works Agency" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.

#### **Statutory Notes and Related Subsidiaries**

#### Washington Aqueduct

Pub. L. 117–263, div. H, title LXXXI, §8146, Dec. 23, 2022, 136 Stat. 3729, provided that:

"(a) Capital Improvement Authority.—The Secretary [of the Army] may carry out capital improvements for the Washington Aqueduct that the Secretary determines necessary for the safe, effective, and efficient operation of the Aqueduct.

"(b) Borrowing Authority.—

"(1) In general.—Subject to paragraphs (2) through (4) and subsection (c), the Secretary is authorized to borrow from the Treasury of the United States such amounts as are sufficient to cover any obligations that will be incurred by the Secretary in carrying out capital improvements for the Washington Aqueduct under subsection (a).

"(2) Limitation.—The amount borrowed by the Secretary under paragraph (1) may not exceed $40,000,000 in any fiscal year.

"(3) Agreement.—Amounts borrowed under paragraph (1) may only be used to carry out capital improvements with respect to which the Secretary has entered into an agreement with each customer.

"(4) Terms of borrowing.—

"(A) In general.—Subject to subsection (c), the Secretary of the Treasury shall provide amounts borrowed under paragraph (1) under such terms and conditions as the Secretary of Treasury determines to be necessary and in the public interest.

"(B) Term.—The term of any loan made under paragraph (1) shall be for a period of not less than 20 years.

"(C) Prepayment.—There shall be no penalty for the prepayment of any amounts borrowed under paragraph (1).

"(c) Contracts With Customers.—

"(1) In general.—The Secretary may not borrow any amounts under subsection (b) until such time as the Secretary has entered into a contract with each customer under which the customer commits to pay a pro rata share (based on water purchase) of the principal and interest owed to the Secretary of the Treasury under subsection (b).

"(2) Prepayment.—Any customer may pay, in advance, the pro rata share of the principal and interest owed by the customer, or any portion thereof, without penalty.

"(3) Risk of default.—A customer that enters into a contract under this subsection shall, as a condition of the contract, commit to pay any additional amount necessary to fully offset the risk of default on the contract.

"(4) Obligations.—Each contract entered into under paragraph (1) shall include such terms and conditions as the Secretary of the Treasury may require so that the total value to the Government of all contracts entered into under paragraph (1) is estimated to be equal to the obligations of the Secretary for carrying out capital improvements for the Washington Aqueduct.

"(5) Other conditions.—Each contract entered into under paragraph (1) shall—

"(A) include other conditions consistent with this section that the Secretary and the Secretary of the Treasury determine to be appropriate; and

"(B) provide the United States priority in regard to income from fees assessed to operate and maintain the Washington Aqueduct.

"(d) Customer Defined.—In this section, the term 'customer' means—

"(1) the District of Columbia;

"(2) Arlington County, Virginia; and

"(3) Fairfax County, Virginia."