136
(3) JUDICIAL REVIEW.—A person aggrieved by the Secretary’s action
under this subsection or subsection (b) may file with the appropriate
United States court of appeals a petition for review of the Secretary’s
action within 60 days after receiving notice of the Secretary’s action.
The clerk of the court immediately shall send a copy of the petition
to the Secretary. The Secretary then shall file with the court the record
on which the action is based. The findings of fact by the Secretary,
if supported by substantial evidence, are final. The court may enter a
decree enforcing, modifying, modifying and enforcing, or setting aside
any part of, the order of the Secretary or the appropriate Government
agency. The judgment of the court may be reviewed by the Supreme
Court as provided in section 1254 of title 28.
(d) ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH.—
(1) ESTABLISHMENT.—There is an Advisory Committee on Con-
struction Safety and Health in the Department of Labor.
(2) COMPOSITION.—The Committee is composed of nine members
appointed by the Secretary, without regard to chapter 33 of title 5, as
follows:
(A) Three members shall be individuals representative of con-
tractors to whom this section applies.
(B) Three members shall be individuals representative of em-
ployees primarily in the building trades and construction industry
engaged in carrying out contracts to which this section applies.
(C) Three members shall be public representatives who shall be
selected on the basis of their professional and technical com-
petence and experience in the construction health and safety field.
(3) CHAIRMAN.—The Secretary shall appoint one member as Chair-
man.
(4) DUTIES.—The Committee shall advise the Secretary—
(A) in formulating construction safety and health standards and
other regulations; and
(B) on policy matters arising in carrying out this section.
(5) EXPERTS AND CONSULTANTS.—The Secretary may appoint spe-
cial advisory and technical experts or consultants as may be necessary
to carry out the functions of the Committee.
(6) COMPENSATION AND EXPENSES.—Committee members are enti-
tled to receive compensation at rates the Secretary fixes, but not more
than $100 a day, including traveltime, when performing Committee
business, and expenses under section 5703 of title 5.
§ 3705. Safety programs
The Secretary of Labor shall—
137
(1) provide for the establishment and supervision of programs for the
education and training of employers and employees in the recognition,
avoidance, and prevention of unsafe working conditions in employment
covered by this chapter; and
(2) collect reports and data and consult with and advise employers
as to the best means of preventing injuries.
§ 3706. Limitations, variations, tolerances, and exemptions
The Secretary of Labor may provide reasonable limitations to, and may
prescribe regulations allowing reasonable variations to, tolerances from, and
exemptions from, this chapter that the Secretary may find necessary and
proper in the public interest to prevent injustice or undue hardship or to
avoid serious impairment of the conduct of Federal Government business.
§ 3707. Contractor certification or contract clause in acqui-
sition of commercial items not required
In a contract to acquire a commercial item (as defined in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C. 403)), a certifi-
cation by a contractor or a contract clause may not be required to imple-
ment a prohibition or requirement in this chapter.
§ 3708. Criminal penalties
A contractor or subcontractor having a duty to employ, direct, or control
a laborer or mechanic employed in the performance of work contemplated
by a contract to which this chapter applies that intentionally violates this
chapter shall be fined under title 18, imprisoned for not more than six
months, or both.
PART B—UNITED STATES CAPITOL
CHAPTER 51—UNITED STATES CAPITOL BUILDINGS
AND GROUNDS
Sec.
5101.
Definition.
5102.
Legal description and jurisdiction of United States Capitol Grounds.
5103.
Restrictions on public use of United States Capitol Grounds.
5104.
Unlawful activities.
5105.
Assistance to authorities by Capitol employees.
5106.
Suspension of prohibitions.
5107.
Concerts on grounds.
5108.
Audit of private organizations.
5109.
Penalties.
§ 5101. Definition
In this chapter, the term ‘‘Capitol Buildings’’ means the United States
Capitol, the Senate and House Office Buildings and garages, the Capitol
Power Plant, all subways and enclosed passages connecting two or more of
those structures, and the real property underlying and enclosed by any of
those structures.
138
§ 5102. Legal description and jurisdiction of United States
Capitol Grounds
(a) LEGAL DESCRIPTION.—The United States Capitol Grounds comprises
all squares, reservations, streets, roadways, walks, and other areas as de-
fined on a map entitled ‘‘Map showing areas comprising United States Cap-
itol Grounds’’, dated June 25, 1946, approved by the Architect of the Cap-
itol, and recorded in the Office of the Surveyor of the District of Columbia
in book 127, page 8, including all additions added by law after June 25,
1946.
(b) JURISDICTION.—
(1) ARCHITECT OF THE CAPITOL.—The jurisdiction and control over
the Grounds, vested prior to July 31, 1946, by law in the Architect,
is extended to the entire area of the Grounds. Except as provided in
paragraph (2), the Architect is responsible for the maintenance and im-
provement of the Grounds, including those streets and roadways in the
Grounds as shown on the map referred to in subsection (a) as being
under the jurisdiction and control of the Commissioners of the District
of Columbia.
(2) MAYOR OF THE DISTRICT OF COLUMBIA.—
(A) IN GENERAL.—The Mayor of the District of Columbia is re-
sponsible for the maintenance and improvement of those portions
of the following streets which are situated between the curblines
of those streets: Constitution Avenue from Second Street North-
east to Third Street Northwest, First Street from D Street North-
east to D Street Southeast, D Street from First Street Southeast
to Washington Avenue Southwest, and First Street from the north
side of Louisiana Avenue to the intersection of C Street and
Washington Avenue Southwest, 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 South-
east to First Street Southeast; that portion of Maryland Avenue
Northeast from Second Street Northeast to First Street North-
east; 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
139
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 Washington
Avenue Southwest, including sidewalks and traffic islands, from
the south curb of Independence Avenue Southwest to the west
curb of South Capitol Street.
(B) REPAIR AND MAINTENANCE OF UTILITY SERVICES.—The
Mayor may enter any part of the Grounds to repair or maintain
or, subject to the approval of the Architect, construct or alter, any
utility service of the District of Columbia Government.
§ 5103. Restrictions on public use of United States Capitol
Grounds
Public travel in, and occupancy of, the United States Capitol Grounds is
restricted to the roads, walks, and places prepared for that purpose.
§ 5104. Unlawful activities
(a) DEFINITIONS.—In this section—
(1) ACT OF PHYSICAL VIOLENCE.—The term ‘‘act of physical vio-
lence’’ means any act involving—
(A) an assault or other infliction or threat of infliction of death
or bodily harm on an individual; or
(B) damage to, or destruction of, real or personal property.
(2) 
DANGEROUS
WEAPON.—The 
term 
‘‘dangerous 
weapon’’
includes—
(A) all articles enumerated in section 14(a) of the Act of July
8, 1932 (ch. 465, 47 Stat. 654); and
(B) a device designed to expel or hurl a projectile capable of
causing injury to individuals or property, a dagger, a dirk, a sti-
letto, and a knife having a blade over three inches in length.
(3) EXPLOSIVES.—The term ‘‘explosives’’ has the meaning given
that term in section 841(d) of title 18.
(4) FIREARM.—The term ‘‘firearm’’ has the meaning given that term
in section 921(3) of title 18.
(b) OBSTRUCTION OF ROADS.—A person may not occupy the roads in the
United States Capitol Grounds in a manner that obstructs or hinders their
proper use, or use the roads in the area of the Grounds, south of Constitu-
tion Avenue and B Street and north of Independence Avenue and B Street,
to convey goods or merchandise, except to or from the United States Capitol
on Federal Government service.
(c) SALE OF ARTICLES, DISPLAY OF SIGNS, AND SOLICITATIONS.—A per-
son may not carry out any of the following activities in the Grounds:
(1) offer or expose any article for sale.
140
(2) display a sign, placard, or other form of advertisement.
(3) solicit fares, alms, subscriptions, or contributions.
(d) INJURIES TO PROPERTY.—A person may not step or climb on, re-
move, or in any way injure any statue, seat, wall, fountain, or other erection
or architectural feature, or any tree, shrub, plant, or turf, in the Grounds.
(e) CAPITOL GROUNDS AND BUILDINGS SECURITY.—
(1) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY
DEVICES.—An individual or group of individuals—
(A) except as authorized by regulations prescribed by the Cap-
itol Police Board—
(i) may not carry on or have readily accessible to any indi-
vidual on the Grounds or in any of the Capitol Buildings a
firearm, a dangerous weapon, explosives, or an incendiary de-
vice;
(ii) may not discharge a firearm or explosives, use a dan-
gerous weapon, or ignite an incendiary device, on the Grounds
or in any of the Capitol Buildings; or
(iii) may not transport on the Grounds or in any of the
Capitol Buildings explosives or an incendiary device; or
(B) may not knowingly, with force and violence, enter or remain
on the floor of either House of Congress.
(2) VIOLENT ENTRY AND DISORDERLY CONDUCT.—An individual or
group of individuals may not willfully and knowingly—
(A) enter or remain on the floor of either House of Congress
or in any cloakroom or lobby adjacent to that floor, in the Ray-
burn Room of the House of Representatives, or in the Marble
Room of the Senate, unless authorized to do so pursuant to rules
adopted, or an authorization given, by that House;
(B) enter or remain in the gallery of either House of Congress
in violation of rules governing admission to the gallery adopted by
that House or pursuant to an authorization given by that House;
(C) with the intent to disrupt the orderly conduct of official
business, enter or remain in a room in any of the Capitol Build-
ings set aside or designated for the use of either House of Con-
gress or a Member, committee, officer, or employee of Congress
or either House of Congress;
(D) utter loud, threatening, or abusive language, or engage in
disorderly or disruptive conduct, at any place in the Grounds or
in any of the Capitol Buildings with the intent to impede, disrupt,
or disturb the orderly conduct of a session of Congress or either
House of Congress, or the orderly conduct in that building of a
141
hearing before, or any deliberations of, a committee of Congress
or either House of Congress;
(E) obstruct, or impede passage through or within, the Grounds
or any of the Capitol Buildings;
(F) engage in an act of physical violence in the Grounds or any
of the Capitol Buildings; or
(G) parade, demonstrate, or picket in any of the Capitol Build-
ings.
(3) EXEMPTION OF GOVERNMENT OFFICIALS.—This subsection does
not prohibit any act performed in the lawful discharge of official duties
by—
(A) a Member of Congress;
(B) an employee of a Member of Congress;
(C) an officer or employee of Congress or a committee of Con-
gress; or
(D) an officer or employee of either House of Congress or a
committee of that House.
(f) PARADES, ASSEMBLAGES, AND DISPLAY OF FLAGS.—Except as pro-
vided in section 5106 of this title, a person may not—
(1) parade, stand, or move in processions or assemblages in the
Grounds; or
(2) display in the Grounds a flag, banner, or device designed or
adapted to bring into public notice a party, organization, or movement.
§ 5105. Assistance to authorities by Capitol employees
Each individual employed in the service of the Federal Government in the
United States Capitol or within the United States Capitol Grounds shall
prevent, as far as may be in the individual’s power, a violation of a provision
of this chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July 31, 1946
(ch. 707, 60 Stat. 719, 720), and shall aid the police in securing the arrest
and conviction of the individual violating the provision.
§ 5106. Suspension of prohibitions
(a) AUTHORITY TO SUSPEND.—To allow the observance in the United
States Capitol Grounds of occasions of national interest becoming the cog-
nizance and entertainment of Congress, the President of the Senate and the
Speaker of the House of Representatives concurrently may suspend any of
the prohibitions contained in sections 5103 and 5104 of this title that would
prevent the use of the roads and walks within the Grounds by processions
or assemblages, and the use in the Grounds of suitable decorations, music,
addresses, and ceremonies, if responsible officers have been appointed and
the President and the Speaker determine that adequate arrangements have
142
been made to maintain suitable order and decorum in the proceedings and
to guard the United States Capitol and its grounds from injury.
(b) POWER TO SUSPEND PROHIBITIONS IN ABSENCE OF PRESIDENT OR
SPEAKER.—If either the President or Speaker is absent from the District
of Columbia, the authority to suspend devolves on the other officer. If both
officers are absent, the authority devolves on the Capitol Police Board.
(c) AUTHORITY OF MAYOR TO PERMIT USE OF LOUISIANA AVENUE.—
Notwithstanding subsection (a) and section 5104(f) of this title, the Capitol
Police Board may grant the Mayor of the District of Columbia authority
to permit the use of Louisiana Avenue for any of the purposes prohibited
by section 5104(f).
§ 5107. Concerts on grounds
Sections 5102, 5103, 5104(b)–(f), 5105, 5105, and 5109 of this title and
sections 9, 9A, 9B, and 9C of the Act of July 31, 1946 (ch. 707, 60 Stat.
719, 720), do not prohibit a band in the service of the Federal Government
from giving concerts in the United States Capitol Grounds at times which
will not interfere with Congress and as authorized by the Architect of the
Capitol.
§ 5108. Audit of private organizations
A private organization (except a political party or committee constituted
for the election of federal officials), whether or not organized for profit and
whether or not any of its income inures to the benefit of any person, that
performs services or conducts activities in the United States Capitol Build-
ings or Grounds is subject to a special audit of its accounts for each year
in which it performs those services or conducts those activities. The Comp-
troller General shall conduct the audit and report the results of the audit
to the Senate and the House of Representatives.
§ 5109. Penalties
(a) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY
DEVICE OFFENSES.—An individual or group violating section 5104(e)(1) of
this title, or attempting to commit a violation, shall be fined under title 18,
imprisoned for not more than five years, or both.
(b) OTHER OFFENSES.—A person violating section 5103 or 5104(b), (c),
(d), (e)(2), or (f) of this title, or attempting to commit a violation, shall
be fined under title 18, imprisoned for not more than six months, or both.
(c) PROCEDURE.—
(1) IN GENERAL.—An action for a violation of this chapter or section
9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat.
719, 720), including an attempt or a conspiracy to commit a violation,
shall be brought by the Attorney General in the name of the United
States. This chapter and sections 9, 9A, 9B, 9C and 14 do not super-
143
sede any provision of federal law or the laws of the District of Colum-
bia. Where the conduct violating this chapter or section 9, 9A, 9B, 9C
or 14 also violates federal law or the laws of the District of Columbia,
both violations may be joined in a single action.
(2) VENUE.—An action under this section for a violation of—
(A) section 5104(e)(1) of this title or for conduct that con-
stitutes a felony under federal law or the laws of the District of
Columbia shall be brought in the United States District Court for
the District of Columbia; and
(B) any other section referred to in subsection (a) may be
brought in the Superior Court of the District of Columbia.
(3) AMOUNT OF PENALTY.— The penalty which may be imposed on
a person convicted in an action under this subsection is the highest
penalty authorized by any of the laws the defendant is convicted of vio-
lating.
PART C—FEDERAL BUILDING COMPLEXES
CHAPTER 61—UNITED STATES SUPREME COURT
BUILDING AND GROUNDS
SUBCHAPTER I—GENERAL
Sec.
6101.
Definitions and application.
6102.
Regulations.
SUBCHAPTER II—BUILDINGS AND GROUNDS
6111.
Supreme Court Building.
6112.
Supreme Court Building and grounds employees.
6113.
Duties of the Superintendent of the Supreme Court Building.
6114.
Oliver Wendell Holmes Garden.
SUBCHAPTER III—POLICING AUTHORITY
6121.
General.
6122.
Designation of members of the Supreme Court Police.
6123.
Authority of Metropolitan Police of the District of Columbia.
SUBCHAPTER IV—PROHIBITIONS AND PENALTIES
6131.
Public travel in Supreme Court grounds.
6132.
Sale of articles, signs, and solicitation in Supreme Court Building and grounds.
6133.
Property in the Supreme Court Building and grounds.
6134.
Firearms, fireworks, speeches, and objectionable language in the Supreme Court Build-
ing and grounds.
6135.
Parades, assemblages, and display of flags in the Supreme Court Building and
grounds.
6136.
Suspension of prohibitions against use of Supreme Court grounds.
6137.
Penalties.
SUBCHAPTER I—GENERAL
§ 6101. Definitions and application
(a) DEFINITIONS.—In this chapter, the following definitions apply:
(1) OFFICIAL GUEST OF THE SUPREME COURT.—The term ‘‘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;
144
(2) STATE.—The term ‘‘State’’ means a State of the United States,
the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, the Federated States of Micronesia, the
Marshall Islands, Palau, and any territory or possession of the United
States; and
(b) APPLICATION.—For purposes of section 6102 of this title and sub-
chapters III and IV, the Supreme Court grounds—
(1) extend to the line of the face of—
(A) the east curb of First Street Northeast, between Maryland
Avenue Northeast and East Capitol Street;
(B) the south curb of Maryland Avenue Northeast, between
First Street Northeast and Second Street Northeast;
(C) the west curb of Second Street Northeast, between Mary-
land Avenue Northeast and East Capitol Street; and
(D) the north curb of East Capitol Street between First Street
Northeast and Second Street Northeast; and
(2) comprise any property under the custody and control of the Su-
preme Court as part of the Supreme Court grounds, including property
acquired as provided by law on behalf of the Federal Government in
lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia
as an addition to the grounds of the Supreme Court Building.
§ 6102. Regulations
(a) AUTHORITY OF THE MARSHAL.—In addition to the restrictions and
requirements specified in subchapter IV, the Marshal of the Supreme Court
may prescribe regulations, approved by the Chief Justice of the United
States, that are necessary for—
(1) the adequate protection of the Supreme Court Building and
grounds and of individuals and property in the Building and grounds;
and
(2) the maintenance of suitable order and decorum within the Build-
ing and grounds.
(b) POSTING REQUIREMENT.—All regulations prescribed under this sec-
tion shall be posted in a public place at the Building and shall be made
reasonably available to the public in writing.
SUBCHAPTER II—BUILDINGS AND GROUNDS
§ 6111. Supreme Court Building
(a) IN GENERAL.—
(1) STRUCTURAL AND MECHANICAL CARE.—The Architect of the
Capitol shall have charge of the structural and mechanical care of the
Supreme Court Building, including—
(A) the care and maintenance of the grounds; and
145
(B) the supplying of all mechanical furnishings and mechanical
equipment for the Building.
(2) OPERATION AND MAINTENANCE.—The Architect shall direct the
operation and maintenance of the mechanical equipment and repair of
the building.
(3) CONTRACT AUTHORITY.—The Architect may enter into all nec-
essary contracts to carry out this subsection.
(b) AVAILABILITY OF APPROPRIATIONS..—Amounts appropriated under—
(1) subsection (a) and sections 6112 and 6113 of this title are avail-
able for—
(A) expenses of heating and air-conditioning refrigeration sup-
plied by the Capitol Power Plant, advancements for which shall be
made and deposited in the Treasury to the credit of appropriations
provided for the Capitol Power Plant; and
(B) the purchase of electrical energy; and
(2) the heading ‘‘SUPREME COURT OF THE UNITED STATES’’ and
‘‘CARE OF THE BUILDING AND GROUNDS’’ are available for—
(A) improvements, maintenance, repairs, equipment, supplies,
materials, and appurtenances;
(B) special clothing for workers;
(C) personal and other services (including temporary labor with-
out regard to chapter 51, subchapter III of chapter 53, and sub-
chapter III of chapter 83, of title 5); and
(D) without compliance with section 3709 of the Revised Stat-
utes (41 U.S.C. 5)—
(i) for snow removal (by hire of personnel and equipment
or under contract); and
(ii) for the replacement of electrical transformers con-
taining polychlorinated biphenyls.
§ 6112. Supreme Court Building and grounds employees
Employees required to carry out section 6111(a) of this title shall be—
(1) appointed by the Architect of the Capitol with the approval of
the Chief Justice of the United States;
(2) compensated in accordance with chapter 51 and subchapter III
of chapter 53 of title 5; and
(3) subject to subchapter III of chapter 83 of title 5.
§ 6113. Duties of the Superintendent of the Supreme Court
Building
Except as provided in section 6111(a) of this title, all duties and work
required for the operation, domestic care, and custody of the Supreme Court
148
§ 6136. Suspension of prohibitions against use of Supreme
Court grounds
To allow the observance of authorized ceremonies in the Supreme Court
Building and grounds, the Marshal of the Supreme Court may suspend for
those occasions any of the prohibitions contained in this subchapter as may
be necessary for the occasion if—
(1) responsible officers have been appointed; and
(2) the Marshal determines that adequate arrangements have been
made—
(A) to maintain suitable order and decorum in the proceedings;
and
(B) to protect the Supreme Court Building and grounds and in-
dividuals and property in the Building and grounds.
§ 6137. Penalties
(a) IN GENERAL.—An individual who violates this subchapter, or a regu-
lation prescribed under section 6102 of this title, shall be fined under title
18, imprisoned not more than 60 days, or both.
(b) VENUE AND PROCEDURE.—Prosecution for a violation described in
subsection (a) shall be in the Superior Court of the District of Columbia,
on information by the United States Attorney or an Assistant United States
Attorney.
(c) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.—If during
the commission of a violation described in subsection (a), public property
is damaged in an amount exceeding $100, the period of imprisonment for
the offense may be not more than five years.
CHAPTER 63—SMITHSONIAN INSTITUTION, NATIONAL
GALLERY OF ART, AND JOHN F. KENNEDY CENTER
FOR THE PERFORMING ARTS
Sec.
6301.
Definition.
6302.
Public use of grounds.
6303.
Unlawful activities.
6304.
Additional regulations.
6305.
Suspension of regulations.
6306.
Policing of buildings and grounds.
6307.
Penalties.
§ 6301. Definition
In this chapter, the term ‘‘specified buildings and grounds’’ means—
(1) SMITHSONIAN INSTITUTION.—The Smithsonian Institution and
its grounds, which include the following:
(A) SMITHSONIAN BUILDINGS AND GROUNDS ON THE NATIONAL
MALL.—The Smithsonian Building, the Arts and Industries Build-
ing, the Freer Gallery of Art, the National Air and Space Mu-
seum, the National Museum of Natural History, the National Mu-
149
seum of American History, the National Museum of the American
Indian, the Hirshhorn Museum and Sculpture Garden, the Arthur
M. Sackler Gallery, the National Museum of African Art, the S.
Dillon Ripley Center, and all other buildings of the Smithsonian
Institution within the Mall, including the entrance walks, unload-
ing areas, and other pertinent service roads and parking areas.
(B) NATIONAL
ZOOLOGICAL
PARK.—The National Zoological
Park comprising all the buildings, streets, service roads, walks,
and other areas within the boundary fence of the National Zoolog-
ical Park in the District of Columbia and including the public
space between that fence and the face of the curb lines of the ad-
jacent city streets.
(C) OTHER SMITHSONIAN BUILDINGS AND GROUNDS.—All other
buildings, service roads, walks, and other areas within the exterior
boundaries of any real estate or land or interest in land (including
temporary use) that the Smithsonian Institution acquires and that
the Secretary of the Smithsonian Institution determines to be nec-
essary for the adequate protection of individuals or property in the
Smithsonian Institution and suitable for administration as a part
of the Smithsonian Institution.
(2) NATIONAL GALLERY OF ART.—The National Gallery of Art and
its grounds, which extend—
(A) to the line of the face of the south curb of Constitution Ave-
nue 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 North-
west, 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 North-
west, and to the line of the face of the east curb of Fourth Street
Northwest, between Pennsylvania Avenue and Madison Drive
Northwest; and
150
(C) to the line of the face of the south curb of Constitution Ave-
nue Northwest, between Ninth Street Northwest and Seventh
Street Northwest; to the line of the face of the west curb of Sev-
enth Street Northwest, between Constitution Avenue Northwest
and Madison Drive Northwest; to the line of the face of the north
curb of Madison Drive Northwest, between Seventh Street North-
west and the line of the face of the east side of the east retaining
wall of the Ninth Street Expressway Northwest; and to the line
of the face of the east side of the east retaining wall of the Ninth
Street Expressway Northwest, between Madison Drive Northwest
and Constitution Avenue Northwest.
(3) JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.—The
John F. Kennedy Center for the Performing Arts, which extends to the
line of the west face of the west retaining walls and curbs of the Inner
Loop Freeway on the east, the north face of the north retaining walls
and curbs of the Theodore Roosevelt Bridge approaches on the south,
the east face of the east retaining walls and curbs of Rock Creek Park-
way on the west, and the south curbs of New Hampshire Avenue and
F Street on the north, as generally depicted on the map entitled
‘‘Transfer of John F. Kennedy Center for the Performing Arts’’, num-
bered 844/82563 and dated April 20, 1994 (as amended by the map
entitled ‘‘Transfer of John F. Kennedy Center for the Performing
Arts’’, numbered 844/82563A and dated May 22, 1997), which shall
be on file and available for public inspection in the office of the Na-
tional Capital Region, National Park Service.
§ 6302. Public use of grounds
Public travel in, and occupancy of, the grounds specified under section
6301 of this title are restricted to the sidewalks and other paved surfaces,
except in the National Zoological Park.
§ 6303. Unlawful activities
(a) DISPLAYS AND SOLICITATIONS.—It is unlawful for anyone other than
an authorized employee or concessionaire to carry out any of the following
activities within the specified buildings and grounds:
(1) Offer or expose any article for sale.
(2) Display any sign, placard, or other form of advertisement.
(3) Solicit alms, subscriptions, or contributions.
(b) TOUCHING
OF, OR INJURIES
TO, PROPERTY.—It is unlawful for
anyone—
(1) other than an authorized employee, to touch or handle objects
of art or scientific or historical objects on exhibition within the speci-
fied buildings or grounds; or
151
(2) to step or climb on, remove, or in any way injure any object of
art, exhibit (including an exhibit animal), equipment, seat, wall, foun-
tain, or other erection or architectural feature, or any tree, shrub,
plant, or turf, within the specified buildings or grounds.
§ 6304. Additional regulations
(a) AUTHORITY TO PRESCRIBE ADDITIONAL REGULATIONS.—In addition
to the restrictions and requirements specified in sections 6302 and 6303 of
this title, the Secretary of the Smithsonian Institution, the Trustees of the
National Gallery of Art, and the Trustees of the John F. Kennedy Center
for the Performing Arts may prescribe for their respective agencies regula-
tions necessary for—
(1) the adequate protection of the specified buildings and grounds
and individuals and property in those buildings and grounds; and
(2) the maintenance of suitable order and decorum within the speci-
fied 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) PUBLICATION
IN FEDERAL REGISTER.—A regulation prescribed
under this section shall be published in the Federal Register and is not ef-
fective until the expiration of 10 days after the date of publication.
§ 6305. Suspension of regulations
To allow authorized services, training programs, and ceremonies in the
specified buildings and grounds, the Secretary of the Smithsonian Institu-
tion, the Trustees of the National Gallery of Art, and the Trustees of the
John F. Kennedy Center for the Performing Arts (or their designees) may
suspend for their respective agencies any of the prohibitions contained in
sections 6302 and 6303 of this title as may be necessary for the occasion
or circumstance if—
(1) responsible officers have been appointed; and
(2) the Secretary of the Smithsonian Institution, the Trustees of the
National Gallery of Art, and the Trustees of the John F. Kennedy Cen-
ter for the Performing Arts (or their designees) determine that ade-
quate arrangements have been made—
(A) to maintain suitable order and decorum in the proceedings;
and
(B) to protect the specified buildings and grounds and persons
and property in those buildings and on those grounds.
§ 6306. Policing of buildings and grounds
(a) DESIGNATION OF EMPLOYEES AS SPECIAL POLICE.—Subject to sec-
tion 5375 of title 5, the Secretary of the Smithsonian Institution, the Trust-
ees of the National Gallery of Art, and the Trustees of the John F. Ken-
152
nedy Center for the Performing Arts (or their designees) may designate em-
ployees of their respective agencies as special police, without additional com-
pensation, for duty in connection with the policing of their respective speci-
fied buildings and grounds.
(b) POWERS.—The employees designated as special police under sub-
section (a)—
(1) may, within the specified buildings and grounds, enforce, and
make arrests for violations of, sections 6302 and 6303 of this title, any
regulation prescribed under section 6304 of this title, federal or state
law, or any regulation prescribed under federal or state law; and
(2) may enforce concurrently with the United States Park Police the
laws and regulations applicable to the National Capital Parks, and may
make arrests for violations of sections 6302 and 6303 of this title,
within the several areas located within the exterior boundaries of the
face of the curb lines of the squares within which the specified build-
ings and grounds are located.
(c) UNIFORMS AND OTHER EQUIPMENT.—The employees designated as
special police under subsection (a) may be provided, without charge, with
uniforms and other equipment as may be necessary for the proper perform-
ance of their duties, including badges, revolvers, and ammunition.
§ 6307. Penalties
(a) IN GENERAL.—
(1) PENALTY.—A person violating section 6302 or 6303 of this title,
or a regulation prescribed under section 6304 of this title, shall be
fined under title 18, imprisoned for not more than 60 days, or both.
(2) PROCEDURE.—Prosecution for an offense under this subsection
shall be in the Superior Court of the District of Columbia, by informa-
tion by the United States Attorney or an Assistant United States At-
torney.
(b) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.—
(1) PENALTY.—If in the commission of a violation described in sub-
section (a), property is damaged in an amount exceeding $100, the pe-
riod of imprisonment for the offense may be not more than five years.
(2) VENUE AND PROCEDURE.—Prosecution of an offense under this
subsection shall be in the United States District Court for the District
of Columbia by indictment. Prosecution may be on information by the
United States Attorney or an Assistant United States Attorney if the
defendant, after being advised of the nature of the charge and of rights
of the defendant, waives in open court prosecution by indictment.
153
CHAPTER 65—THURGOOD MARSHALL FEDERAL
JUDICIARY BUILDING
Sec.
6501.
Definition.
6502.
Thurgood Marshall Federal Judiciary Building.
6503.
Commission for the Judiciary Office Building.
6504.
Lease of building.
6505.
Structural and mechanical care and security.
6506.
Allocation of space.
6507.
Account in Treasury.
§ 6501. Definition
In this chapter, the term ‘‘Chief Justice’’ means the Chief Justice of the
United States or the designee of the Chief Justice, except that when there
is a vacancy in the office of the Chief Justice, the most senior associate jus-
tice of the Supreme Court shall be deemed to be the Chief Justice for pur-
poses of this chapter until the vacancy is filled.
§ 6502. Thurgood Marshall Federal Judiciary Building
(a) ESTABLISHMENT AND DESIGNATION.—There is a Federal Judiciary
Building in Washington, D.C., known and designated as the ‘‘Thurgood
Marshall Federal Judiciary Building’’.
(b) TITLE.—
(1) SQUARES 721 AND 722.—Title to squares 721 and 722 remains
in the Federal Government.
(2) BUILDING.—Title to the Building and other improvements con-
structed or otherwise made immediately reverts to the Government at
the expiration of not more than 30 years from the effective date of the
lease agreement referred to in section 6504 of this title without pay-
ment of any compensation by the Government.
(c) LIMITATIONS.—
(1) SIZE OF BUILDING.—The Building (excluding parking facilities)
may not exceed 520,000 gross square feet in size above the level of Co-
lumbia Plaza in the District of Columbia.
(2) HEIGHT OF BUILDING.—The height of the Building and other
improvements shall be compatible with the height of surrounding Gov-
ernment and historic buildings and conform to the provisions of the Act
of June 1, 1910 (ch. 263, 36 Stat. 452) (known as the Building Height
Act of 1910).
(3) DESIGN.—The Building and other improvements shall—
(A) be designed in harmony with historical and Government
buildings in the vicinity;
(B) reflect the symbolic importance and historic character of the
United States Capitol and other buildings on the United States
Capitol Grounds; and
(C) represent the dignity and stability of the Government.
154
(d) APPROVAL OF CHIEF JUSTICE.—All final decisions regarding archi-
tectural design of the Building are subject to the approval of the Chief Jus-
tice.
(e) CHILLED WATER AND STEAM FROM CAPITOL POWER PLANT.—If the
Building is connected with the Capitol Power Plant, the Architect of the
Capitol shall furnish chilled water and steam from the Plant to the Building
on a reimbursable basis.
(f) CONSTRUCTION STANDARDS.—The Building and other improvements
constructed under this chapter shall meet all standards applicable to con-
struction of a federal building.
(g) ACCOUNTING SYSTEM.—The Architect shall maintain an accounting
system for operation and maintenance of the Building and other improve-
ments which will allow accurate projections of the dates and cost of major
repairs, improvements, reconstructions, and replacements of the Building
and improvements and other capital expenditures on the Building and im-
provements.
(h) NONAPPLICABILITY OF CERTAIN LAWS.—
(1) BUILDING CODES, PERMITS, OR INSPECTION.—The Building is
not subject to any law of the District of Columbia relating to building
codes, permits, or inspection, including any such law enacted by Con-
gress.
(2) TAXES.—The Building and other improvements constructed
under this chapter are not subject to any law of the District of Colum-
bia relating to real estate and personal property taxes, special assess-
ments, or other taxes, including any such law enacted by Congress.
§ 6503. Commission for the Judiciary Office Building
(a) ESTABLISHMENT AND MEMBERSHIP.—There is a Commission for the
Judiciary Office Building, composed of the following 13 members or their
designees:
(1) Two individuals appointed by the Chief Justice from among jus-
tices of the Supreme Court and other judges of the United States.
(2) The members of the House Office Building Commission.
(3) The majority leader and minority leader of the Senate.
(4) The Chairman and the ranking minority member of the Senate
Committee on Rules and Administration.
(5) The Chairman and the ranking minority member of the Senate
Committee on Environment and Public Works.
(6) The Chairman and ranking minority member of the Committee
on Transportation and Infrastructure of the House of Representatives.
(b) QUORUM.—Seven members of the Commission is a quorum.
155
(c) DUTIES.—The Commission is responsible for the supervision of the
design, construction, operation, maintenance, structural, mechanical, and
domestic care, and security of the Thurgood Marshall Federal Judiciary
Building. The Commission shall prescribe regulations to govern the actions
of the Architect of the Capitol under this chapter and to govern the use
and occupancy of all space in the Building.
§ 6504. Lease of building
(a) LEASE AGREEMENT.—Under an agreement with the person selected
to construct the Thurgood Marshall Federal Judiciary Building, the Archi-
tect of the Capitol shall lease the Building to carry out the objectives of
this chapter.
(b) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The agreement
includes at a minimum the following:
(1) LIMIT ON LENGTH OF LEASE.—The Architect will lease the
Building and other improvements for not more than 30 years from the
effective date of the agreement.
(2) RENTAL RATE.—The rental rate per square foot of occupiable
space for all space in the Building and other improvements will be in
the best interest of the Federal Government and will carry out the ob-
jectives of this chapter. The aggregate rental rate for all space in the
Building and other improvements shall produce an amount at least
equal to the amount necessary to amortize the cost of development of
squares 721 and 722 in the District of Columbia over the life of the
lease.
(3) AUTHORITY
TO
MAKE
SPACE
AVAILABLE
AND
SUBLEASE
SPACE.—The Architect may make space available and sublease space
in the Building and other improvements in accordance with section
6506 of this title.
(4) OTHER
TERMS
AND
CONDITIONS.—The agreement contains
terms and conditions the Architect prescribes to carry out the objec-
tives of this chapter.
(c) OBLIGATION OF AMOUNTS.—Obligation of amounts for lease pay-
ments under this section may only be made—
(1) on an annual basis; and
(2) from the account described in section 6507 of this title.
§ 6505. Structural and mechanical care and security
(a) STRUCTURAL AND MECHANICAL CARE.—The Architect of the Capitol,
under the direction of the Commission for the Judiciary Office Building—
(1) is responsible for the structural and mechanical care and mainte-
nance of the Thurgood Marshall Federal Judiciary Building and im-
provements, including the care and maintenance of the grounds of the
156
Building, in the same manner and to the same extent as for the struc-
tural and mechanical care and maintenance of the Supreme Court
Building under section 6111 of this title; and
(2) shall perform all other duties and work required for the operation
and domestic care of the Building and improvements.
(b) SECURITY.—
(1) CAPITOL POLICE.—The United States Capitol Police—
(A) are responsible for all exterior security of the Building and
other improvements constructed under this chapter; and
(B) may police the Building and other improvements, including
the interior and exterior, and may make arrests within the interior
and exterior of the Building and other improvements for any viola-
tion of federal or state law or the laws of the District of Columbia,
or any regulation prescribed under any of those laws.
(2) MARSHAL OF THE SUPREME COURT.—This chapter does not
interfere with the obligation of the Marshal of the Supreme Court to
protect justices, officers, employees, or other personnel of the Supreme
Court who may occupy the Building and other improvements.
(3) REIMBURSEMENT.—The Architect shall transfer from the ac-
count described in section 6507 of this title amounts necessary to reim-
burse the United States Capitol Police for expenses incurred in pro-
viding exterior security under this subsection. The Capitol Police may
accept amounts the Architect transfers under this paragraph. Those
amounts shall be credited to the appropriation account charged by the
Capitol Police in carrying out security duties.
§ 6506. Allocation of space
(a) PRIORITY.—
(1) JUDICIAL BRANCH.—Subject to this section, the Architect of the
Capitol shall make available to the judicial branch of the Federal Gov-
ernment all space in the Thurgood Marshall Federal Judiciary Building
and other improvements constructed under this chapter. The space
shall be made available on a reimbursable basis and substantially in ac-
cordance with the report referred to in section 3(b)(1) of the Judiciary
Office Building Development Act (Public Law 100–480, 102 Stat.
2330).
(2) OTHER
FEDERAL
GOVERNMENTAL
ENTITIES.—The Architect
may make available to federal governmental entities which are not part
of the judicial branch and which are not staff of Members of Congress
or congressional committees any space in the Building and other im-
provements that the Chief Justice decides is not needed by the judicial
branch. The space shall be made available on a reimbursable basis.
157
(3) OTHER PERSONS.—If any space remains, the Architect may sub-
lease it pursuant to subsection (e), under the direction of the Commis-
sion for the Judiciary Office Building, to any person.
(b) SPACE
FOR JUDICIAL BRANCH
AND OTHER FEDERAL GOVERN-
MENTAL ENTITIES.—Space made available under subsection (a)(1) or (2)
is subject to—
(1) terms and conditions necessary to carry out the objectives of this
chapter; and
(2) reimbursement at the rate established under section 6504(b)(2)
of this title plus an amount necessary to pay each year for the cost
of administering the Building and other improvements (including the
cost of operation, maintenance, rehabilitation, security, and structural,
mechanical, and domestic care) that is attributable to the space, with
the amount to be determined by the Architect and—
(A) in the case of the judicial branch, the Director of the Ad-
ministrative Office of the United States Courts; or
(B) in the case of any federal governmental entity not a part
of the judicial branch, the entity.
(c) SPACE FOR JUDICIAL BRANCH.—
(1) ASSIGNMENT OF SPACE WITHIN JUDICIAL BRANCH.—The Direc-
tor may assign space made available to the judicial branch under sub-
section (a)(1) among offices of the judicial branch as the Director con-
siders appropriate.
(2) VACATING OCCUPIED SPACE.—When the Chief Justice notifies
the Architect that the judicial branch requires additional space in the
Building and other improvements, the Architect shall accommodate
those requirements within 90 days after the date of the notification,
except that if the space was made available to the Administrator of
General Services, it shall be vacated expeditiously by not later than a
date the Chief Justice and the Administrator agree on.
(3) UNOCCUPIED SPACE.—The Chief Justice has the right of first
refusal to use unoccupied space in the Building to meet the needs of
the judicial branch.
(d) LEASE BY ARCHITECT.—
(1) AUTHORITY TO LEASE.—Subject to approval by the Committees
on Appropriations of the House of Representatives and the Senate, the
House Office Building Commission, and the Committee on Rules and
Administration of the Senate, the Architect may lease and occupy not
more than 75,000 square feet of space in the Building.
(2) PAYMENTS.—Payments under the lease shall be made on vouch-
ers the Architect approves. Necessary amounts may be appropriated—
158
(A) to the Architect to carry out this subsection, including
amounts for acquiring and installing furniture and furnishings;
and
(B) to the Sergeant at Arms of the Senate to plan for, acquire,
and install telecommunications equipment and services for the Ar-
chitect with respect to space leased under this subsection.
(e) SUBLEASED SPACE.—
(1) RENTAL RATE.—Space subleased by the Architect under sub-
section (a)(3) is subject to reimbursement at a rate which is com-
parable to prevailing rental rates for similar facilities in the area but
not less than the rate established under section 6504(b)(2) of this title
plus an amount the Architect and the person subleasing the space
agree is necessary to pay each year for the cost of administering the
Building (including the cost of operation, maintenance, rehabilitation,
security, and structural, mechanical, and domestic care) that is attrib-
utable to the space.
(2) LIMITATION.—A sublease under subsection (a)(3) must be com-
patible with the dignity and functions of the judicial branch offices
housed in the Building and must not unduly interfere with the activi-
ties and operations of the judicial branch agencies housed in the Build-
ing. Sections 5104(c) and 5108 of this title do not apply to any space
in the Building and other improvements subleased to a non-Govern-
ment tenant under subsection (a)(3).
(3) COLLECTION
OF
RENT.—The Architect shall collect rent for
space subleased under subsection (a)(3).
(f) DEPOSIT OF RENT AND REIMBURSEMENTS.—Amounts received under
subsection (a)(3) (including lease payments and reimbursements) shall be
deposited in the account described in section 6507 of this title.
§ 6507. Account in Treasury
(a) ESTABLISHMENT AND CONTENTS OF SEPARATE ACCOUNT.—There is
a separate account in the Treasury. The account includes all amounts de-
posited in the account under section 6506(f) of this title and amounts ap-
propriated to the account. However, the appropriated amounts may not be
more than $2,000,000.
(b) USE OF AMOUNTS.—Amounts in the account are available to the Ar-
chitect of the Capitol—
(1) for paying expenses for structural, mechanical, and domestic
care, maintenance, operation, and utilities of the Thurgood Marshall
Federal Judiciary Building and other improvements constructed under
this chapter;
159
(2) for reimbursing the United States Capitol Police for expenses in-
curred in providing exterior security for the Building and other im-
provements;
(3) for making lease payments under section 6504 of this title; and
(4) for necessary personnel (including consultants).
CHAPTER 67—PENNSYLVANIA AVENUE DEVELOPMENT
SUBCHAPTER I—TRANSFER AND ASSIGMENT OF RIGHTS, AUTHORITIES,
TITLE, AND INTERESTS
Sec.
6701.
Transfer of rights and authorities of Pennsylvania Avenue Development Corporation.
6702.
Transfer and assignment of rights, title, and interests in property.
SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT
6711.
Definition.
6712.
Powers of other agencies and instrumentalities in the development area.
6713.
Certification of new construction.
6714.
Relocation services.
6715.
Coordination with District of Columbia.
6716.
Reports.
SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT
6731.
Definitions.
6732.
Federal Triangle development area.
6733.
Federal Triangle property.
6734.
Ronald Reagan Building and International Trade Center.
SUBCHAPTER I—TRANSFER AND ASSIGMENT OF RIGHTS,
AUTHORITIES, TITLE, AND INTERESTS
§ 6701. Transfer of rights and authorities of Pennsylvania
Avenue Development Corporation
(a) IN GENERAL.—The Administrator of General Services—
(1) may make and perform transactions with an agency or instru-
mentality of the Federal Government, a State, the District of Colum-
bia, or any person as necessary to carry out the trade center plan at
the Federal Triangle Project; and
(2) has all the rights and authorities of the former Pennsylvania Av-
enue Development Corporation with regard to property transferred
from the Corporation to the General Services Administration in fiscal
year 1996.
(b) USE OF AMOUNTS AND INCOME.—
(1) ACTIVITIES
ASSOCIATED
WITH
TRANSFERRED
RESPONSIBIL-
ITIES.—The Administrator may use amounts transferred from the Cor-
poration or income earned on Corporation property for activities associ-
ated with carrying out the responsibilities of the Corporation trans-
ferred to the Administrator. Any income earned after October 1, 1998,
shall be deposited to the Federal Buildings Fund to be available for
the purposes authorized under this subchapter, notwithstanding section
592(c)(1) of this title.
160
(2) EXCESS AMOUNTS OR INCOME.—Any amounts or income the Ad-
ministrator considers excess to the amount needed to fulfill the respon-
sibilities of the Corporation transferred to the Administrator shall be
applied to any outstanding debt the Corporation incurred when acquir-
ing real estate, except debt associated with the Ronald Reagan Build-
ing and International Trade Center.
(c) PAYMENT TO DISTRICT OF COLUMBIA.—With respect to real property
transferred from the Corporation to the Administrator under section 6702
of this title, the Administrator shall pay to the District of Columbia govern-
ment, in the same way as previously paid by the Corporation, an amount
equal to the amount of real property tax which would have been payable
to the government beginning on the date the Corporation acquired the real
property if legal title to the property had been held by a private citizen on
that date and during all periods to which that date relates.
§ 6702. Transfer and assignment of rights, title, and inter-
ests in property
(a) IN GENERAL.—
(1) LEASES, COVENANTS, AGREEMENTS, AND EASEMENTS.—As pro-
vided in this section, the General Services Administration, the National
Capital Planning Commission, and the National Park Service have the
rights, title, and interest of the Pennsylvania Avenue Development Cor-
poration in and to all leases, covenants, agreements, and easements the
Corporation executed before April 1, 1996, in carrying out its powers
and duties under the Pennsylvania Avenue Development Corporation
Act of 1972 (Public Law 92–578, 86 Stat. 1266) and the Federal Tri-
angle Development Act (Public Law 100–113, 101 Stat. 735).
(2) PROPERTY.—The Administration has the rights, title, and inter-
est of the Corporation in and to all property held in the name of the
Corporation, except as provided in subsection (c).
(b) GENERAL SERVICES ADMINISTRATION.—
(1) RESPONSIBILITIES.—The responsibilities of the Corporation
transferred to the Administration under subsection (a) include—
(A) the collection of revenue owed the Federal Government as
a result of real estate sales or lease agreements made by the Cor-
poration and private parties, including—
(i) the Willard Hotel property on Square 225;
(ii) the Gallery Row project on Square 457;
(iii) the Lansburgh’s project on Square 431; and
(iv) the Market Square North project on Square 407;
161
(B) the collection of sale or lease revenue owed the Government
from the sale or lease before April 1, 1996, of two undeveloped
sites owned by the Corporation on Squares 457 and 406;
(C) the application of collected revenue to repay Treasury debt
the Corporation incurred when acquiring real estate;
(D) performing financial audits for projects in which the Cor-
poration has actual or potential revenue expectation, as identified
in subparagraphs (A) and (B), in accordance with procedures de-
scribed in applicable sale or lease agreements;
(E) the disposition of real estate properties which are or become
available for sale and lease or other uses;
(F) payment of benefits in accordance with the Uniform Reloca-
tion Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.) to which persons in the project area
squares are entitled as a result of the Corporation’s acquisition of
real estate; and
(G) carrying out the responsibilities of the Corporation under
subchapter III and the Federal Triangle Development Act (Public
Law 100–113, 101 Stat. 735), including responsibilities for man-
aging assets and liabilities of the Corporation under subchapter
III and the Act.
(2) POWERS.—In carrying out the responsibilities of the Corporation
transferred under this section, the Administrator of General Services
may—
(A) acquire land, improvements, and property by purchase, lease
or exchange, and sell, lease, or otherwise dispose of any property,
as necessary to complete the development plan developed under
section 5 of the Pennsylvania Avenue Development Corporation
Act of 1972 (Public Law 92–578, 86 Stat. 1269) if a notice of
intention to carry out the acquisition or disposal is first trans-
mitted to the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of Representa-
tives and the Committee on Environment and Public Works and
the Committee on Appropriations of the Senate and at least 60
days elapse after the date of the transmission;
(B) modify the plan referred to in subparagraph (A) if the
modification is first transmitted to the Committee on Transpor-
tation and Infrastructure and the Committee on Appropriations of
the House of Representatives and the Committee on Environment
and Public Works and the Committee on Appropriations of the
162
Senate and at least 60 days elapse after the date of the trans-
mission;
(C) maintain any existing Corporation insurance programs;
(D) make and perform transactions with an agency or instru-
mentality of the Federal Government, a State, the District of Co-
lumbia, or any person as necessary to carry out the responsibilities
of the Corporation under subchapter III and the Federal Triangle
Development Act (Public Law 100–113, 101 Stat. 735);
(E) request the Council of the District of Columbia to close any
alleys necessary for the completion of development in Square 457;
and
(F) use all of the amount transferred from the Corporation or
income earned on Corporation property to complete any pending
development projects.
(c) NATIONAL PARK SERVICE.—
(1) PROPERTY.—The National Park Service has the right, title, and
interest in and to the property located in the Pennsylvania Avenue Na-
tional Historic Site, including the parks, plazas, sidewalks, special
lighting, trees, sculpture, and memorials, depicted on a map entitled
‘‘Pennsylvania Avenue National Historic Park’’, dated June 1, 1995,
and numbered 840–82441. The map shall be on file and available for
public inspection in the offices of the Service.
(2) RESPONSIBILITIES.—The Service is responsible for management,
administration, maintenance, law enforcement, visitor services, resource
protection, interpretation, and historic preservation at the Site.
(3) SPECIAL EVENTS, FESTIVALS, CONCERTS, OR PROGRAMS.—The
Service may—
(A) make transactions with an agency or instrumentality of the
Government, a State, the District of Columbia, or any person as
considered necessary or appropriate for the conduct of special
events, festivals, concerts, or other art and cultural programs at
the Site; or
(B) establish a nonprofit foundation to solicit amounts for those
activities.
(4) JURISDICTION
OF
DISTRICT
OF
COLUMBIA.—Jurisdiction of
Pennsylvania Avenue and all other roadways from curb to curb remains
with the District of Columbia but vendors are not permitted to occupy
street space except during temporary special events.
(d) NATIONAL CAPITAL PLANNING COMMISSION.—The National Capital
Planning Commission is responsible for ensuring that development in the
164
thence west along the southern side of Pennsylvania Avenue to the
southeast corner of the intersection of Pennsylvania Avenue and East
Executive Avenue Northwest;
thence south along the eastern side of East Executive Avenue to the
intersection of South Executive Place and E Street Northwest;
thence east along the southern side of E Street to the point of begin-
ning.
§ 6712. Powers of other agencies and instrumentalities in
the development area
This subchapter and the Pennsylvania Avenue Development Corporation
Act of 1972 (Public Law 92–578, 86 Stat. 1266) do not preclude other
agencies or instrumentalities of the Federal Government or of the District
of Columbia from exercising any lawful powers in the development area con-
sistent with the development plan described in section 5(a) of the Act (86
Stat. 1269) or the provisions and purposes of this subchapter and the Act.
However, the agency or instrumentality shall not release, modify, or depart
from any feature or detail of the development plan without the prior ap-
proval of the Administrator of General Services.
§ 6713. Certification of new construction
New construction (including substantial remodeling, conversion, rebuild-
ing, enlargement, extension, or major structural improvement of existing
building, but not including ordinary maintenance or remodeling or changes
necessary to continue occupancy) shall not be authorized or conducted with-
in the development area except on prior certification by the Administrator
of General Services that the construction is, or may reasonably be expected
to be, consistent with the carrying out of the development plan described
in section 5(a) of the Pennsylvania Avenue Development Corporation Act
of 1972 (Public Law 92–578, 86 Stat. 1269).
§ 6714. Relocation services
(a) USE OF DISTRICT OF COLUMBIA GOVERNMENT.—The Administrator
of General Services may use the services of the District of Columbia govern-
ment in the administration of a relocation program pursuant to the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.). The Administrator shall reimburse the govern-
ment for the cost of the services.
(b) COORDINATION OF RELOCATION PROGRAMS.—All relocation services
performed by or on behalf of the Administrator shall be coordinated with
the District of Columbia’s central relocation programs.
(c) PREFERENTIAL RIGHTS OF DISPLACED OWNERS AND TENANTS.—An
owner or tenant of real property whose residence or business is terminated
as a result of acquisitions made pursuant to this subchapter or the Pennsyl-
165
vania Avenue Development Corporation Act of 1972 (Public Law 92–578,
86 Stat. 1266) shall be granted a preferential right to lease or purchase
from the Administrator similar real property as may become available for
a similar use. The preferential right is limited to the parties in interest and
is not transferable or assignable.
§ 6715. Coordination with District of Columbia
(a) LOCAL NEEDS, INITIATIVE, AND PARTICIPATION.—In carrying out
the purposes of this subchapter and the Pennsylvania Avenue Development
Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266), the Adminis-
trator of General Services shall—
(1) consult and cooperate with District of Columbia officials and
community leaders at the earliest practicable time;
(2) give primary consideration to local needs and desires and to local
and regional goals and policies as expressed in urban renewal, commu-
nity renewal, and comprehensive land use plans and regional plans; and
(3) foster local initiative and participation in connection with the
planning and development of projects.
(b) COMPLIANCE WITH LOCAL REQUIREMENTS.—To the extent the Ad-
ministrator constructs, rehabilitates, alters, or improves any project under
this subchapter, the Administrator shall comply with all District of Colum-
bia laws, ordinances, codes, and regulations. Section 8722(d) of this title
applies to all construction, rehabilitation, alteration, and improvement of all
buildings by the Administrator under this subchapter. Construction, reha-
bilitation, alteration, and improvement of any project by non-Federal Gov-
ernment sources is subject to the District of Columbia Official Code and
zoning regulations.
§ 6716. Reports
(a) REPORTS TO PRESIDENT AND CONGRESS.—The Administrator of
General Services shall transmit comprehensive and detailed reports of the
Administrator’s operations, activities, and accomplishments under this sub-
chapter to the President and Congress. The Administrator shall transmit a
report to the President each January and to the President and Congress
at other times that the Administrator considers desirable.
(b) PROTECTION AND ENHANCEMENT OF SIGNIFICANT HISTORIC AND
ARCHITECTURAL VALUES.—A report under subsection (a) shall include a
detailed discussion of the actions the Administrator has taken in the report-
ing period to protect and enhance the significant historic and architectural
values of structures within the boundaries of the Administrator’s jurisdic-
tion under this subchapter and shall indicate similar actions the Adminis-
trator plans to take and issues the Administrator anticipates dealing with
during the upcoming fiscal year related to historic and architectural preser-
166
vation. The report shall indicate the degree to which public concern has
been considered and incorporated into decisions the Administrator made rel-
ative to historic and architectural preservation.
SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT
§ 6731. Definitions
In this subchapter—
(1) FEDERAL TRIANGLE DEVELOPMENT AREA.—The term ‘‘Federal
Triangle development area’’ means the area bounded as follows:
Beginning at a point on the southwest corner of the intersection
of Fourteenth Street and Pennsylvania Avenue (formerly E
Street), Northwest;
thence south along the western side of Fourteenth Street to the
northwest corner of the intersection of Fourteenth Street and Con-
stitution Avenue, Northwest;
thence east along the northern side of Constitution Avenue to
the northeast corner of the intersection of Twelfth Street and Con-
stitution Avenue, Northwest;
thence north along the eastern side of Twelfth Street and Con-
stitution Avenue, Northwest;
thence north along the eastern side of Twelfth Street to the
southeast corner of the intersection of Twelfth Street and Pennsyl-
vania Avenue, Northwest;
thence west along the southern side of Pennsylvania Avenue to
the point of beginning.
(2) FEDERAL TRIANGLE PROPERTY.—The term ‘‘Federal Triangle
property’’ means—
(A) the property owned by the Federal Government in the Dis-
trict of Columbia, known as the ‘‘Great Plaza’’ site, which consists
of squares 256, 257, 258, parts of squares 259 and 260, and adja-
cent closed rights-of-way as shown on plate IV of the King Plats
of 1803 located in the Office of the Surveyor of the District of
Columbia; and
(B) except for purposes of section 6733(a) of this title, any
property the Pennsylvania Avenue Development Corporation ac-
quired under section 3(b) of the Federal Triangle Development
Act (Public Law 100–113, 101 Stat. 736).
§ 6732. Federal Triangle development area
The Federal Triangle development area is deemed to be part of the devel-
opment area described in section 6711 of this title. The Administrator of
General Services has the same authority over the Federal Triangle develop-
ment area as over the development area described in section 6711.
167
§ 6733. Federal Triangle property
(a) TITLE.—Title to the Federal Triangle property reverts to the Admin-
istrator of General Services not later than the date on which ownership of
the Ronald Reagan Building and International Trade Center vests in the
Federal Government.
(b) NONAPPLICABILITY OF CERTAIN LAWS.—
(1) BUILDING PERMITS AND INSPECTION.—For purposes of develop-
ment of the Federal Triangle property, the person selected to develop
the property is not subject to any state or local law relating to building
permits and inspection.
(2) TAXES AND ASSESSMENTS.—The property and improvements to
the property are not subject to real and personal property taxation or
to special assessments.
§ 6734. Ronald Reagan Building and International Trade
Center
(a) ESTABLISHMENT AND DESIGNATION.—The building constructed on
the Federal Triangle property shall be known and designated as the Ronald
Reagan Building and International Trade Center.
(b) TITLE.—The person selected to develop the Federal Triangle property
may own the Building for not more than 35 years from the date construc-
tion of the Building began. The title to the Building shall be in the Admin-
istrator of General Services from the date title to the Federal Triangle prop-
erty reverts to the Administrator.
(c) LIMITATIONS.—
(1) SIZE OF BUILDING.—The Building (including parking facilities)
may not exceed 3,100,000 gross square feet in size.
(2) HEIGHT OF BUILDING.—The height of the Building shall be
compatible with the height of surrounding Federal Government build-
ings.
(3) DESIGN.—The Building shall—
(A) be designed in harmony with historical and Government
buildings in the vicinity;
(B) reflect the symbolic importance and historic character of
Pennsylvania Avenue and the Nation’s Capital; and
(C) represent the dignity and stability of the Government.
(d) CONSTRUCTION STANDARDS.—The Building shall meet all standards
applicable to construction of a federal building.
(e) ACCOUNTING SYSTEM.—The Administrator shall maintain an ac-
counting system for operation and maintenance of the Building which will
allow accurate projections of the dates and cost of major repairs, improve-
ments, reconstructions, and replacements of the Building and other capital
168
expenditures on the Building. The Administrator shall act as necessary to
ensure that amounts are available to cover the projected cost and expendi-
tures.
(f) LEASE OF BUILDING.—
(1) LEASE AGREEMENT.—Under an agreement with the person se-
lected to construct the Ronald Reagan Building and International
Trade Center, the Administrator shall lease the Building for federal of-
fice space and the international cultural and trade center space.
(2) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The agree-
ment includes at a minimum the following:
(A) LIMIT ON LENGTH OF LEASE.—The Administrator will lease
the Building for the period of time that the person selected to con-
struct the Building owns the Building.
(B) RENTAL RATE.—The rental rate per square foot of occupi-
able space for all space in the Building will be in the best interest
of the Government and will carry out the objectives of this sub-
chapter and the Federal Triangle Development Act (Public Law
100–113, 101 Stat. 735). The aggregate rental rate for all space
in the Building shall produce an amount at least equal to the
amount necessary to amortize the cost of development of the Fed-
eral Triangle property over the life of the lease.
(C) OBLIGATION OF AMOUNTS.—Obligation of amounts from
the Federal Building Fund shall only be made on an annual basis
to meet lease payments.
(3) AUTHORIZATION TO OBLIGATE AMOUNTS.—Amounts may be ob-
ligated as described in paragraph (2)(C).
CHAPTER 69—UNION STATION REDEVELOPMENT
SUBCHAPTER I—UNION STATION COMPLEX
Sec.
6901.
Definition.
6902.
Assignment of right, title, and interest in the Union Station complex to the Secretary
of Transportation.
6903.
Agreements and contracts.
6904.
Acquisition, maintenance, and use of property.
6905.
Service on board of directors of Union Station Redevelopment Corporation.
6906.
Union Station Fund.
6907.
Use of other appropriated amounts.
6908.
Parking facility.
6909.
Supplying steam or chilled water to Union Station complex.
6910.
Authorization of appropriations.
SUBCHAPTER II—NATIONAL VISITOR FACILITIES ADVISORY COMMISSION
6921.
Establishment, composition, and meetings.
6922.
Duties.
6923.
Compensation and expenses.
6924.
Reports and recommendations.
170
§ 6906. Union Station Fund
(a) ESTABLISHMENT.—There is a special deposit account in the Treasury
known as the ‘‘Union Station Fund’’, which shall be administered as a re-
volving fund.
(b) CONTENT.—The account shall be credited with receipts of the Sec-
retary of Transportation from activities authorized by this subchapter.
(c) USE OF AMOUNTS.—The Secretary may use income and proceeds re-
ceived from activities authorized by this subchapter, including operating and
leasing income and payments made to the Federal Government under devel-
opment agreements, to pay expenses the Secretary incurs in carrying out
the purposes of this subchapter, including construction, acquisition, leasing,
operation, and maintenance expenses and payments made to developers
under development agreements.
(d) AVAILABILITY OF AMOUNTS.—The balance in the account is available
in amounts specified in annual appropriation laws for making expenditures
authorized by this subchapter.
§ 6907. Use of other appropriated amounts
(a) WAIVER OF COST SHARING REQUIREMENT.—The Secretary of Trans-
portation may use amounts appropriated under section 24909(a)(2)(A) of
title 49 to carry out the purposes of this subchapter.
(b) BAN ON USING AMOUNTS FOR HELIPORT.—Amounts appropriated
under section 24909 of title 49 may not be used for design, construction,
or operation of a heliport at or near Union Station.
§ 6908. Parking facility
(a) TITLE.—The Federal Government has the right, title, and interest in
and to the parking facility at Union Station.
(b) FEES.—The rate of fees charged for use of the facility may exceed
the rate required for maintenance and operation of the facility. The rate
shall be established in a manner that encourages use of the facility by rail
passengers and participants in activities in the Union Station complex and
area.
§ 6909. Supplying steam or chilled water to Union Station
complex
The Architect of the Capitol may make agreements with the Secretary of
Transportation to furnish steam, chilled water, or both from the Capitol
Power Plant to the Union Station complex, at no expense to the legislative
branch.
§ 6910. Authorization of appropriations
Amounts necessary to meet lease and other obligations, including mainte-
nance requirements, incurred by the Secretary of the Interior and assigned
171
to the Secretary of Transportation under this subchapter may be appro-
priated to the Secretary of Transportation.
SUBCHAPTER II—NATIONAL VISITOR FACILITIES ADVISORY
COMMISSION
§ 6921. Establishment, composition, and meetings
(a) ESTABLISHMENT.—There is a National Visitor Facilities Advisory
Commission.
(b) COMPOSITION.—
(1) MEMBERSHIP.—The Commission is composed of—
(A) the Secretary of the Interior;
(B) the Administrator of General Services;
(C) the Secretary of the Smithsonian Institution;
(D) the Chairman of the National Capital Planning Commis-
sion;
(E) the Chairman of the Commission of Fine Arts;
(F) six Members of the Senate, three from each party, to be ap-
pointed by the President of the Senate;
(G) six Members of the House of Representatives, three from
each party, to be appointed by the Speaker of the House of Rep-
resentatives; and
(H) three individuals appointed by the President, at least two
of whom shall not be officers of the Federal Government, and one
member of whom shall be a representative of the District of Co-
lumbia government.
(2) CHAIRMAN.—The Secretary of the Interior serves as the Chair-
man of the Commission.
(3) SERVICE
OF
NON-FEDERAL
MEMBERS.—Non-federal members
serve at the pleasure of the President.
(c) MEETINGS.—The Commission shall meet at the call of the Chairman.
§ 6922. Duties
(a) IN GENERAL.—The National Visitor Facilities Advisory Commission
shall—
(1) conduct continuing investigations and studies of sites and plans
to provide additional facilities and services for visitors and students
coming to the Nation’s Capital; and
(2) advise the Secretary of the Interior and the Administrator of
General Services on the planning, construction, acquisition, and oper-
ation of those visitor facilities.
(b) STAFF AND FACILITIES.—The Director of the National Park Service,
in consultation with the Administrator, shall provide the necessary staff and
172
facilities to assist the Commission in carrying out its duties under this sub-
chapter.
§ 6923. Compensation and expenses
Members of the National Visitor Facilities Advisory Commission who are
not officers or employees of the Federal Government or the government of
the District of Columbia are entitled to receive compensation under section
3109 of title 5 and expenses under section 5703 of title 5.
§ 6924. Reports and recommendations
The National Visitor Facilities Advisory Commission shall report to the
Secretary of the Interior and the Administrator of General Services the re-
sults of its studies and investigations. A report recommending additional fa-
cilities for visitors shall include the Commission’s recommendations as to
sites for the facilities to be provided, preliminary plans, specifications, and
architectural drawings for the facilities, and the estimated cost of the rec-
ommended sites and facilities.
PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS
IN THE DISTRICT OF COLUMBIA
CHAPTER 81—ADMINISTRATIVE
SUBCHAPTER I—GENERAL
Sec.
8101.
Supervision of public buildings and grounds in District of Columbia not otherwise pro-
vided for by law.
8102.
Protection of Federal Government buildings in District of Columbia.
8103.
Application of District of Columbia laws to public buildings and grounds.
8104.
Regulation of private and semipublic buildings adjacent to public buildings and
grounds.
8105.
Approval by Administrator of General Services.
8106.
Buildings on reservations, parks, or public grounds.
8107.
Advertisements and sales in or around Washington Monument.
8108.
Use of public buildings for public ceremonies.
SUBCHAPTER II—JURISDICTION
8121.
Improper appropriation of streets.
8122.
Jurisdiction over portion of Constitution Avenue.
8123.
Record of transfer of jurisdiction between Director of National Park Service and Mayor
of District of Columbia.
8124.
Transfer of jurisdiction between Federal and District of Columbia authorities.
8125.
Public spaces resulting from filling of canals.
8126.
Temporary occupancy of Potomac Park by Secretary of Agriculture.
8127.
Part of Washington Aqueduct for playground purposes.
SUBCHAPTER III—SERVICES FOR FACILITIES
8141.
Contract to rent buildings in the District of Columbia not to be made until appropria-
tion enacted.
8142.
Rent of other buildings.
8143.
Heat.
8144.
Delivery of fuel for use during ensuing fiscal year.
SUBCHAPTER IV—MISCELLANEOUS
8161.
Reservation of parking spaces for Members of Congress.
8162.
Ailanthus trees prohibited.
8163.
Use of greenhouses and nursery for trees, shrubs, and plants.
8164.
E. Barrett Prettyman United States Courthouse.
8165.
Services for Office of Personnel Management.
173
SUBCHAPTER I—GENERAL
§ 8101. Supervision of public buildings and grounds in Dis-
trict of Columbia not otherwise provided for by
law
(a) IN GENERAL.—Under regulations the President prescribes, the Ad-
ministrator of General Services shall have charge of the public buildings and
grounds in the District of Columbia, except those buildings and grounds
which otherwise are provided for by law.
(b) NOTICE OF UNLAWFUL OCCUPANCY.—If the Administrator, or the of-
ficer under the direction of the Administrator who is in immediate charge
of those public buildings and grounds, decides that an individual is unlaw-
fully occupying any part of that public land, the Administrator or officer
in charge shall notify the United States marshal for the District of Colum-
bia in writing of the unlawful occupation.
(c) EJECTION OF TRESPASSER.—The marshal shall have the trespasser
ejected from the public land and shall restore possession of the land to the
officer charged by law with the custody of the land.
§ 8102. Protection of Federal Government buildings in Dis-
trict of Columbia
The Attorney General and the Secretary of the Treasury may prohibit—
(1) a vehicle from parking or standing on a street or roadway adja-
cent to a building in the District of Columbia—
(A) at least partly owned or possessed by, or leased to, the Fed-
eral Government; and
(B) used by law enforcement authorities subject to their juris-
diction; and
(2) a person or entity from conducting business on property imme-
diately adjacent to a building described in paragraph (1).
§ 8103. Application of District of Columbia laws to public
buildings and grounds
(a) APPLICATION OF LAWS.—Laws and regulations of the District of Co-
lumbia 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 Federal Government in the District of Columbia.
(b) PENALTIES.—A person shall be fined under title 18, imprisoned for
not more than six months, or both if the person—
(1) is guilty of disorderly and unlawful conduct in or about those
public buildings or public grounds;
(2) willfully injures the buildings or shrubs;
(3) pull downs, impairs, or otherwise injures any fence, wall, or other
enclosure;
174
(4) injures any sink, culvert, pipe, hydrant, cistern, lamp, or bridge;
or
(5) removes any stone, gravel, sand, or other property of the Govern-
ment, or any other part of the public grounds or lots belonging to the
Government in the District of Columbia.
§ 8104. Regulation of private and semipublic buildings adja-
cent to public buildings and grounds
(a) FACTORS FOR DEVELOPMENT.—In view of the provisions of the Con-
stitution respecting the establishment of the seat of the National Govern-
ment, the duties it imposed on Congress in connection with establishing the
seat of the National Government, and the solicitude shown and the efforts
exerted by President Washington in the planning and development of the
Capital City, the development should proceed along the lines of good order,
good taste, and with due regard to the public interests involved, and a rea-
sonable degree of control should be exercised over the architecture of private
or semipublic buildings adjacent to public buildings and grounds of major
importance.
(b) SUBMISSION OF APPLICATION TO COMMISSION OF FINE ARTS.—The
Mayor of the District of Columbia shall submit to the Commission on Fine
Arts an application for a permit to erect or alter any building, a part of
which fronts or abuts on the grounds of the Capitol, the grounds of the
White House, the part 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, or The Mall Park
System and public buildings adjacent to the System, or abuts on any street
bordering any of those grounds or parks, so far as the plans relate to height
and appearance, color, and texture of the materials of exterior construction.
(c) REPORT TO MAYOR.—The Commission shall report promptly its rec-
ommendations to the Mayor, including any changes the Commission decides
are necessary to prevent reasonably avoidable impairment of the public val-
ues belonging to the public building or park. If the Commission fails to re-
port its approval or disapproval of a plan within 30 days, the report is
deemed approved and a permit may be issued.
(d) ACTION BY THE MAYOR.—The Mayor shall take action the Mayor de-
cides is necessary to effect reasonable compliance with the recommendation
under subsection (c).
§ 8105. Approval by Administrator of General Services
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 Serv-
ices is required to approve sketches, plans, and estimates for buildings to
175
be constructed by the Administrator, except that the Administrator and the
United States Postal Service must approve buildings designed for post-office
purposes.
§ 8106. Buildings on reservations, parks, or public grounds
A building or structure shall not be erected on any reservation, park, or
public grounds of the Federal Government in the District of Columbia with-
out express authority of Congress.
§ 8107. Advertisements and sales in or around Washington
Monument
Except on the written authority of the Director of the National Park
Service, advertisements of any kind shall not be displayed, and articles of
any kind shall not be sold, in or around the Washington Monument.
§ 8108. Use of public buildings for public ceremonies
Except as expressly authorized by law, public buildings in the District of
Columbia (other than the Capitol Building and the White House), and the
approaches to those public buildings, shall not be used or occupied in con-
nection with ceremonies for the inauguration of the President or other pub-
lic functions.
SUBCHAPTER II—JURISDICTION
§ 8121. Improper appropriation of streets
(a) AUTHORITY.—The Secretary of the Interior shall—
(1) prevent the improper appropriation or occupation of any public
street, avenue, square, or reservation in the District of Columbia that
belongs to the Federal Government;
(2) reclaim the street, avenue, square, or reservation if unlawfully
appropriated;
(3) prevent the erection of any permanent building on property re-
served to or for the use of the Government, unless plainly authorized
by law; and
(4) report to Congress at the beginning of each session on the Sec-
retary’s proceedings in the premises, together with a full statement of
all property described in this subsection, and how, and by what author-
ity, the property is occupied or claimed.
(b) APPLICATION.—This section does not interfere with the temporary
and proper occupation of any part of the property described in subsection
(a), by lawful authority, for the legitimate purposes of the Government.
§ 8122. Jurisdiction over portion of Constitution Avenue
The Director of the National Park Service has jurisdiction over that part
of Constitution Avenue west of Virginia Avenue that was under the control
of the Commissioners of the District of Columbia prior to May 27, 1908.
176
§ 8123. Record of transfer of jurisdiction between Director
of National Park Service and Mayor of District of
Columbia
When in accordance with law or mutual legal agreement, spaces or por-
tions of public land are transferred between the jurisdiction of the Director
of the National Park Service, as established by the Act of July 1, 1898 (ch.
543, 30 Stat. 570), and the Mayor of the District of Columbia, the letters
of transfer and acceptance exchanged between them are sufficient authority
for the necessary change in the official maps and for record when necessary.
§ 8124. Transfer of jurisdiction between Federal and District
of Columbia authorities
(a) TRANSFER OF JURISDICTION.—Federal and District of Columbia au-
thorities administering properties in the District that are owned by the Fed-
eral Government or by the District may transfer jurisdiction over any part
of the property among or between themselves for purposes of administration
and maintenance under conditions the parties agree on. The National Cap-
ital Planning Commission shall recommend the transfer before it is com-
pleted.
(b) REPORT TO CONGRESS.—The District authorities shall report all
transfers and agreements to Congress.
(c) CERTAIN LAWS NOT REPEALED.—Subsection (a) does not repeal any
law in effect on May 20, 1932, which authorized the transfer of jurisdiction
of certain land among and between federal and District authorities.
§ 8125. Public spaces resulting from filling of canals
The Director of the National Park Service has jurisdiction over all public
spaces resulting from the filling of canals in the original city of Washington
that were not under the jurisdiction of the Chief of Engineers of the United
States Army as of August 1, 1914, except spaces included in the navy yard
or in actual use as roadways and sidewalks and spaces assigned by law to
the District of Columbia for use as a property yard and the location of a
sewage pumping station. The spaces shall be laid out as reservations as a
part of the park system of the District of Columbia.
§ 8126. Temporary occupancy of Potomac Park by Secretary
of Agriculture
(a) NOT MORE THAN 75 ACRES.—The Director of the National Park
Service may allow the Secretary of Agriculture to temporarily occupy as a
testing ground not more than 75 acres of Potomac Park not needed in any
one season for reclamation or park improvement. The Secretary shall vacate
the area at the close of any season on the request of the Director.
177
(b) CONTINUE AS PUBLIC PARK UNDER DIRECTOR.—This section does
not change the essential character of the land used, which shall continue
to be a public park under the charge of the Director.
§ 8127. Part of Washington Aqueduct for playground pur-
poses
(a) JURISDICTION OF MAYOR.—The Mayor of the District of Columbia
has possession, control, and jurisdiction of the land of the Washington Aq-
ueduct adjacent to the Champlain Avenue pumping station and lying outside
of the fence around the pumping station as it—
(1) existed on August 31, 1918; and
(2) was transferred by the Chief of Engineers for playground pur-
poses.
(b) JURISDICTION OF SECRETARY OF THE ARMY NOT AFFECTED.—This
section does not affect the superintendence and control of the Secretary of
the Army over the Washington Aqueduct and the rights, appurtenances, and
fixtures connected with the Aqueduct.
SUBCHAPTER III—SERVICES FOR FACILITIES
§ 8141. Contract to rent buildings in the District of Colum-
bia not to be made until appropriation enacted
A contract shall not be made for the rent of a building, or part of a build-
ing, to be used for the purposes of the Federal Government in the District
of Columbia until Congress enacts an appropriation for the rent. This sec-
tion is deemed to be notice to all contractors or lessors of the building or
a part of the building.
§ 8142. Rent of other buildings
An executive department of the Federal Government renting a building
for public use in the District of Columbia may rent a different building in-
stead if it is in the public interest to do so. This section does not authorize
an increase in the number of buildings in use or in the amount paid for
rent.
§ 8143. Heat
(a) CORCORAN GALLERY OF ART.—The Administrator of General Serv-
ices may furnish heat from the central heating plant to the Corcoran Gal-
lery of Art, if the Corcoran Gallery of Art agrees to—
(1) pay for heat furnished at rates the Administrator determines;
and
(2) connect the building with the Federal Government mains in a
manner satisfactory to the Administrator.
(b) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.—The
Administrator may furnish steam from the central heating plant for the use
of the Board of Governors of the Federal Reserve System on the property
178
which the Board acquired in squares east of 87 and east of 88 in the Dis-
trict of Columbia if the Board agrees to—
(1) pay for the steam furnished at reasonable rates the Adminis-
trator determines but that are at least equal to cost; and
(2) provide the necessary connections with the Government mains at
its own expense and in a manner satisfactory to the Administrator.
(c) NON-FEDERAL PUBLIC BUILDINGS.—The Administrator shall deter-
mine the rates to be paid for steam furnished to the Corcoran Gallery of
Art, the Pan American Union Buildings, the American Red Cross Buildings,
and other non-federal public buildings authorized to receive steam from the
central heating plant.
§ 8144. Delivery of fuel for use during ensuing fiscal year
During April, May, and June of each year, the Administrator of General
Services may deliver to all branches of the Federal Government and the gov-
ernment of the District of Columbia as much fuel for their use during the
following fiscal year as may be practicable to store at the points of con-
sumption. The branches of the Federal Government and the government of
the District of Columbia shall pay for the fuel from their applicable appro-
priations for that fiscal year.
SUBCHAPTER IV—MISCELLANEOUS
§ 8161. Reservation of parking spaces for Members of Con-
gress
The Council of the District of Columbia shall designate, reserve, and
properly mark appropriate and sufficient parking spaces on the streets adja-
cent to all public buildings in the District for the use of Members of Con-
gress engaged in public business.
§ 8162. Ailanthus trees prohibited
Ailanthus trees shall not be purchased for, or planted in, the public
grounds.
§ 8163. Use of greenhouses and nursery for trees, shrubs,
and plants
The greenhouses and nursery shall be used only for the propagation of
trees, shrubs, and plants suitable for planting in the public reservations.
Only those trees, shrubs, and plants shall be planted in the public reserva-
tions.
§ 8164. E. Barrett Prettyman United States Courthouse
(a) OPERATION, MAINTENANCE, AND REPAIR.—The operation, mainte-
nance, and repair of the E. Barrett Prettyman United States Courthouse,
used by the United States Court of Appeals for the District of Columbia
and the United States District Court for the District of Columbia, is under
the control of the Administrator of General Services.