(d) PROPERTY SUBJECT TO COURT PROCEEDING FOR FORFEITURE.—
(1) NOTIFICATION OF ADMINISTRATOR.—If a proceeding has begun
for the forfeiture of any property by court decree, the agency that
seized the property immediately shall notify the Administrator and at
the same time may file with the Administrator a request for the prop-
erty for its official use.
(2) APPLICATION FOR COURT ORDER TO DELIVER PROPERTY.—
(A) IN GENERAL.—Before entry of a decree, the Administrator
shall apply to the court to order delivery of the property in accord-
ance with this paragraph.
(B) DELIVERY TO SEIZING AGENCY.—If the agency that seized
the property files a request for the property under paragraph (1),
the Administrator shall apply to the court to order delivery of the
property to the agency that seized the property.
(C) DELIVERY TO OTHER REQUESTING AGENCY.—If the agency
that seized the property does not file a request for the property
under paragraph (1) but another agency requests the property, the
Administrator shall apply to the court to order delivery of the
property to the requesting agency if the Administrator believes
that the requesting agency should be given the property.
(D) DELIVERY TO SEIZING AGENCY FOR TEMPORARY HOLD-
ING.—If application to the court cannot be made under subpara-
graph (B) or (C) and the Administrator believes the property may
later become necessary to any agency for official use, the Adminis-
trator shall apply to the court to order delivery of the property to
the agency that seized the property, to be retained in its custody.
Within a reasonable time, the Administrator shall order the agen-
cy to—
(i) deliver the property to another agency that requests the
property and that the Administrator believes should be given
the property; or
(ii) dispose of the property as otherwise provided by law.
(3) FORFEITURE DECREED.—If forfeiture is decreed and the prop-
erty is not ordered by competent authority to be returned to any claim-
ant, the court shall order delivery as provided in paragraph (2).
(4) WHEN NO APPLICATION MADE.—The court shall dispose of prop-
erty for which no application is made in accordance with law.
(e) RETENTION OR DELIVERY OF PROPERTY DEEMED SALE.—Retention
or delivery of forfeited or abandoned property under this section is deemed
to be a sale of the property for the purpose of laws providing for informer’s
fees or remission or mitigation of a forfeiture. Property acquired under this
section when no longer needed for official use shall be disposed of in the
same manner as other surplus property.
(f) PAYMENT OF COSTS RELATED TO PROPERTY.—
(1) AVAILABILITY OF APPROPRIATIONS.—The appropriation available
to an agency for the purchase, hire, operation, maintenance, and repair
of any property is available for—
(A) the payment of expenses of operation, maintenance, and re-
pair of property of the same kind the agency receives under this
section for official use;
(B) the payment of a lien recognized and allowed under law;
(C) the payment of amounts found to be due a person on the
authorized remission or mitigation of a forfeiture; and
(D) reimbursement of other agencies as provided in paragraph
(2).
(2) PAYMENT AND REIMBURSEMENT OF CERTAIN COSTS.—The agen-
cy that receives property under this section shall pay the cost of haul-
ing, transporting, towing, and storing the property. If the property is
later delivered to another agency for official use under this section, the
agency to which the property is delivered shall make reimbursement for
all of those costs incurred prior to the date the property is delivered.
(g) REPORT.—With the approval of the Secretary of the Treasury, the
Administrator may require an agency to make a report of all property aban-
doned to it or seized and the disposal of the property.
(h) ADMINISTRATIVE.—
(1) REGULATIONS.—With the approval of the Secretary, the Admin-
istrator may prescribe regulations necessary to carry out this section.
(2) OTHER LAWS NOT REPEALED.—This section does not repeal any
other laws relating to the disposition of forfeited or abandoned prop-
erty, except provisions of those laws directly in conflict with this section
which were enacted prior to August 27, 1935.
(3) PROPERTY NOT SUBJECT TO ALLOCATION UNDER THIS SEC-
TION.—The following classes of property are not subject to allocation
under this section, but shall be disposed of in the manner otherwise
provided by law:
(A) narcotic drugs, as defined in the Controlled Substances Act
(21 U.S.C. 801 et seq.).
(B) firearms, as defined in section 5845 of the Internal Revenue
Code of 1986 (26 U.S.C. 5845).
(C) other classes or kinds of property the disposal of which the
Administrator, with the approval of the Secretary, may consider
in the public interest, and may by regulation provide.
§ 1307. Disposition of securities
The President, or an officer, agent, or agency the President may des-
ignate, may dispose of any securities acquired on behalf of the Federal Gov-
ernment under the provisions of the Transportation Act of 1920 (ch. 91,
41 Stat. 456), including any securities acquired as an incident to a case
under title 11, under a receivership or reorganization proceeding, by assign-
ment, transfer, substitution, or issuance, or by acquisition of collateral given
for the payment of obligations to the Government, or may make arrange-
ments for the extension of the maturity of the securities, in the manner,
in amounts, at prices, for cash, securities, or other property or any combina-
tion of cash, securities, or other property, and on terms and conditions the
President or designee considers advisable and in the public interest.
§ 1308. Disposition of unfit horses and mules
Subject to applicable regulations under this subtitle and title III of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.), horses and mules belonging to the Federal Government that have
become unfit for service may be destroyed or put out to pasture, either on
pastures belonging to the Government or those belonging to financially
sound and reputable humane organizations whose facilities permit them to
care for the horses and mules during the remainder of their natural lives,
at no cost to the Government.
§ 1309. Preservation, sale, or collection of wrecked, aban-
doned, or derelict property
The Administrator of General Services may make contracts and provi-
sions for the preservation, sale, or collection of property, or the proceeds
of property, which may have been wrecked, been abandoned, or become der-
elict, if the Administrator considers the contracts and provisions to be in
the interest of the Federal Government and the property is within the juris-
diction of the United States and should come to the Government. A contract
may provide compensation the Administrator considers just and reasonable
to any person who gives information about the property or actually pre-
serves, collects, surrenders, or pays over the property. Under each specific
agreement for obtaining, preserving, collecting, or receiving property or
making property available, the costs or claim chargeable to the Government
may not exceed amounts realized and received by the Government.
§ 1310. Sale of war supplies, land, and buildings
(a) IN GENERAL.—The President, through the head of any executive de-
partment and on terms the head of the department considers expedient,
may sell to a person, another department of the Federal Government, or
the government of a foreign country engaged in war against a country with
which the United States is at war—
(1) war supplies, material, and equipment;
(2) by-products of the war supplies, material, and equipment; and
(3) any building, plant, or factory, including the land on which the
plant or factory may be situated, acquired since April 6, 1917, for the
production of war supplies, materials, and equipment that, during the
emergency existing on July 9, 1918, may have been purchased, ac-
quired, or manufactured by the Government.
(b) LIMITATION ON SALE OF GUNS AND AMMUNITION.—Sales of guns
and ammunition authorized under any law shall be limited to—
(1) other departments of the Government;
(2) governments of foreign countries engaged in war against a coun-
try with which the United States is at war; and
(3) members of the National Rifle Association and of other recog-
nized associations organized in the United States for the encourage-
ment of small-arms target practice.
§ 1311. Authority of President to obtain release
For the use or benefit of the Federal Government, the President may ob-
tain from an individual or officer to whom land has been or will be conveyed
a release of the individual’s or officer’s interest to the Government.
§ 1312. Release of real estate in certain cases
(a) IN GENERAL.—Real estate that has become the property of the Fed-
eral Government in payment of a debt which afterward is fully paid in
money and received by the Government may be conveyed by the Adminis-
trator of General Services to the debtor from whom it was taken or to the
heirs or devisees of the debtor or the person that they may appoint.
(b) NONAPPLICATION.—This section does not apply to real estate the
Government acquires in payment of any debt arising under the Internal
Revenue Code of 1986 (26 U.S.C. 1 et seq.).
§ 1313. Releasing property from attachment
(a) STIPULATION OF DISCHARGE.—
(1) PERSON ASSERTING CLAIM ENTITLED TO BENEFITS.—In a judi-
cial proceeding under the laws of a State, district, territory, or posses-
sion of the United States, when property owned or held by the Federal
Government, or in which the Government has or claims an interest, is
seized, arrested, attached, or held for the security or satisfaction of a
claim made against the property, the Attorney General may direct the
United States Attorney for the district in which the property is located
to enter a stipulation that on discharge of the property from the sei-
zure, arrest, attachment, or proceeding, the person asserting the claim
against the property becomes entitled to all the benefits of this section.
(2) NONAPPLICATION.—This subsection does not—
(A) recognize or concede any right to enforce by seizure, arrest,
attachment, or any judicial process a claim against property—
(i) of the Government; or
(ii) held, owned, or employed by the Government, or by a
department of the Government, for a public use; or
(B) waive an objection to a proceeding brought to enforce the
claim.
(b) PAYMENT.—After a discharge, a final judgment which affirms the
claim for the security or satisfaction and the right of the person asserting
the claim to enforce it against the property, notwithstanding the claims of
the Government, is deemed to be a full and final determination of the rights
of the person and entitles the person, as against the Government, to the
rights the person would have had if possession of the property had not been
changed. When the claim is for the payment of money found to be due,
presentation of an authenticated copy of the record of the judgment and
proceedings is sufficient evidence to the proper accounting officers for the
allowance of the claim, which shall be allowed and paid out of amounts in
the Treasury not otherwise appropriated. The amount allowed and paid
shall not exceed the value of the interest of the Government in the property.
§ 1314. Easements
(a) DEFINITIONS.—In this section—
(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means an
executive department or independent establishment in the executive
branch of the Federal Government, including a wholly owned Govern-
ment corporation.
(2) REAL PROPERTY OF THE GOVERNMENT.—The term ‘‘real prop-
erty of the Government’’ excludes—
(A) public land (including minerals, vegetative, and other re-
sources) in the United States, including—
(i) land reserved or dedicated for national forest purposes;
(ii) land the Secretary of the Interior administers or super-
vises in accordance with the Act of August 25, 1916 (16
U.S.C. 1, 2, 3, 4) (known as the National Park Service Or-
ganic Act);
(iii) Indian-owned trust and restricted land; and
(iv) land the Government acquires primarily for fish and
wildlife conservation purposes and the Secretary administers;
(B) land withdrawn from the public domain primarily under the
jurisdiction of the Secretary; and
(C) land acquired for national forest purposes.
(3) STATE.—The term ‘‘State’’ means a State of the United States,
the District of Columbia, Puerto Rico, and the territories and posses-
sions of the United States.
(b) GRANT OF EASEMENT.—When a State, a political subdivision or
agency of a State, or a person applies for the grant of an easement in, over,
or on real property of the Government, the executive agency having control
of the real property may grant to the applicant, on behalf of the Govern-
ment, an easement that the head of the agency decides will not be adverse
to the interests of the Government, subject to reservations, exceptions, limi-
tations, benefits, burdens, terms, or conditions that the head of the agency
considers necessary to protect the interests of the Government. The grant
may be made without consideration, or with monetary or other consider-
ation, including an interest in real property.
(c) RELINQUISHMENT OF LEGISLATIVE JURISDICTION.—In connection
with the grant of an easement, the executive agency concerned may relin-
quish to the State in which the real property is located legislative jurisdic-
tion that the executive agency considers necessary or desirable. Relinquish-
ment of legislative jurisdiction may be accomplished by filing with the chief
executive officer of the State a notice of relinquishment to take effect upon
acceptance or by proceeding in the manner that the laws applicable to the
State may provide.
(d) TERMINATION OF EASEMENT.—
(1) WHEN
TERMINATION
OCCURS.—The instrument granting the
easement may provide for termination of any part of the easement if
there has been—
(A) a failure to comply with a term or condition of the grant;
(B) a nonuse of the easement for a consecutive 2-year period
for the purpose for which granted; or
(C) an abandonment of the easement.
(2) NOTICE REQUIRED.—If a termination provision is included, it
shall require that written notice of the termination be given to the
grantee, or its successors or assigns.
(3) EFFECTIVE DATE.—The termination is effective as of the date
of the notice.
(e) ADDITIONAL EASEMENT AUTHORITY.—The authority conferred by
this section is in addition to, and shall not affect or be subject to, any other
law under which an executive agency may grant easements.
(f) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way over,
under, and through public lands and lands in the National Forest System
may not be granted under this section.
§ 1315. Special police
(a) APPOINTMENT.—The Administrator of General Services, or an official
of the General Services Administration authorized by the Administrator,
may appoint uniformed guards of the Administration as special police with-
out additional compensation for duty in connection with the policing of all
buildings and areas owned or occupied by the Federal Government and
under the charge and control of the Administrator.
(b) POWERS.—Special police appointed under this section have the same
powers as sheriffs and constables on property referred to in subsection (a)
to enforce laws enacted for the protection of individuals and property, pre-
vent breaches of the peace, suppress affrays or unlawful assemblies, and en-
force regulations prescribed by the Administrator or an official of the Ad-
ministration authorized by the Administrator for property under their juris-
diction. However, the jurisdiction and policing powers of special police do
not extend to the service of civil process.
(c) DETAIL.—On the application of the head of a department or agency
of the Government having property of the Government under its administra-
tion and control, the Administrator or an official of the Administration au-
thorized by the Administrator may detail special police for the protection
of the property and, if the Administrator considers it desirable, may extend
to the property the applicability of regulations and enforce them as provided
in this section.
(d) USE OF OTHER LAW ENFORCEMENT AGENCIES.—When it is consid-
ered economical and in the public interest, the Administrator or an official
of the Administration authorized by the Administrator may utilize the facili-
ties and services of existing federal law enforcement agencies, and, with the
consent of a state or local agency, the facilities and services of state or local
law enforcement agencies.
(e) NONUNIFORMED SPECIAL POLICE.—The Administrator, or an official
of the Administration authorized by the Administrator, may empower offi-
cials or employees of the Administration authorized to perform investigative
functions to act as nonuniformed special police to protect property under
the charge and control of the Administration and to carry firearms, whether
on federal property or in travel status. When on real property under the
charge and control of the Administration, officials or employees empowered
to act as nonuniformed special police have the power to enforce federal laws
for the protection of individuals and property and to enforce regulations for
that purpose that the Administrator or an official of the Administration au-
thorized by the Administrator prescribes and publishes. The special police
may make arrests without warrant for any offense committed on the prop-
erty if the police have reasonable grounds to believe the offense constitutes
a felony under the laws of the United States and that the individual to be
arrested is guilty of that offense.
(f) ADMINISTRATIVE.—The Administrator or an official of the Adminis-
tration authorized by the Administrator may prescribe regulations necessary
for the government of the property under their charge and control, and may
annex to the regulations reasonable penalties, within the limits prescribed
in subsection (g), that will ensure their enforcement. The regulations shall
be posted and kept posted in a conspicuous place on the property.
(g) PENALTIES.—
(1) IN GENERAL.—Except as provided in paragraph (2), a person
violating a regulation prescribed under subsection (f) shall be fined
under title 18, imprisoned for not more than 30 days, or both.
(2) EXCEPTION FOR MILITARY TRAFFIC REGULATION.—
(A) DEFINITION.—For purposes of this paragraph, the term
‘‘military traffic regulation’’ means a regulation for the control of
vehicular or pedestrian traffic on military installations that the
Secretary of Defense prescribes under subsection (f).
(B) IN GENERAL.—A person violating a military traffic regula-
tion shall be fined an amount not exceeding the amount of the
maximum fine for a similar offense under the criminal or civil law
of the State, district, territory, or possession of the United States
where the military installation in which the violation occurred is
located, imprisoned for not more than 30 days, or both.
SUBTITLE II—PUBLIC BUILDINGS AND WORKS
PART A—GENERAL
CHAPTER
Sec.
31.
GENERAL .......................................................................................................
3101
33.
ACQUISITION, CONSTRUCTION, AND ALTERATION ...........................
3301
35.
NON-FEDERAL PUBLIC WORKS ...............................................................
3501
37.
CONTRACT WORK HOURS AND SAFETY STANDARDS .......................
3701
PART B—UNITED STATES CAPITOL
51.
UNITED STATES CAPITOL BUILDINGS AND GROUNDS ...................
5101
PART C—FEDERAL BUILDING COMPLEXES
61.
UNITED STATES SUPREME COURT BUILDING AND GROUNDS .....
6101
63.
SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.
6301
65.
THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING ..............
6501
67.
PENNSYLVANIA AVENUE DEVELOPMENT ...........................................
6701
69.
UNION STATION REDEVELOPMENT ......................................................
6901
PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE
DISTRICT OF COLUMBIA
81.
ADMINISTRATIVE ........................................................................................
8101
83.
WASHINGTON METROPOLITAN REGION DEVELOPMENT ................
8301
85.
NATIONAL CAPITAL SERVICE AREA AND DIRECTOR .......................
8501
87.
PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION .........
8701
89.
NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS
8901
91.
COMMISSION OF FINE ARTS ....................................................................
9101
93.
THEODORE ROOSEVELT ISLAND ...........................................................
9301
95.
WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE
DISTRICT OF COLUMBIA.
9501
PART A—GENERAL
CHAPTER 31—GENERAL
SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS
Sec.
3101.
Public buildings under control of Administrator of General Services.
3102.
Naming or designating buildings.
3103.
Admission of guide dogs or other service animals accompanying individuals with dis-
abilities.
3104.
Furniture for new buildings.
3105.
Buildings not to be draped in mourning.
SUBCHAPTER II—ACQUIRING LAND
3111.
Approval of sufficiency of title prior to acquisition.
3112.
Federal jurisdiction.
3113.
Acquisition by condemnation.
3114.
Declaration of taking.
3115.
Irrevocable commitment of Federal Government to pay ultimate award when fixed.
3116.
Interest as part of just compensation.
3117.
Exclusion of certain property by stipulation of Attorney General.
3118.
Right of taking as addition to existing rights.
SUBCHAPTER III—BONDS
3131.
Bonds of contractors of public buildings or works.
3132.
Alternatives to payment bonds provided by Federal Acquisition Regulation.
3133.
Rights of persons furnishing labor or material.
3134.
Waivers for certain contracts.
SUBCHAPTER IV—WAGE RATE REQUIREMENTS
3141.
Definitions.
3142.
Rate of wages for laborers and mechanics.
3143.
Termination of work on failure to pay agreed wages.
3144.
Authority of Comptroller General to pay wages and list contractors violating contracts.
3145.
Regulations governing contractors and subcontractors.
3146.
Effect on other federal laws.
3147.
Suspension of this subchapter during a national emergency.
3148.
Application of this subchapter to certain contracts.
SUBCHAPTER V—VOLUNTEER SERVICES
3161.
Purpose.
3162.
Waiver for individuals who perform volunteer services.
SUBCHAPTER VI—MISCELLANEOUS
3171.
Contract authority when appropriation is for less than full amount.
3172.
Extension of state workers’ compensation laws to buildings, works, and property of the
Federal Government.
3173.
Working capital fund for blueprinting, photostating, and duplicating services in General
Services Administration.
3174.
Operation of public utility communications services serving governmental activities.
3175.
Acceptance of gifts of property.
3176.
Administrator of General Services to furnish services in continental United States to
international bodies.
SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC
BUILDINGS
§ 3101. Public buildings under control of Administrator of
General Services
All public buildings outside of the District of Columbia and outside of
military reservations purchased or erected out of any appropriation under
the control of the Administrator of General Services, and the sites of the
100
public buildings, are under the exclusive jurisdiction and control, and in the
custody of, the Administrator. The Administrator may take possession of
the buildings and assign and reassign rooms in the buildings to federal offi-
cials, clerks, and employees that the Administrator believes should be fur-
nished with offices or rooms in the buildings.
§ 3102. Naming or designating buildings
The Administrator of General Services may name or otherwise designate
any building under the custody and control of the General Services Adminis-
tration, regardless of whether it was previously named by statute.
§ 3103. Admission of guide dogs or other service animals ac-
companying individuals with disabilities
(a) IN GENERAL.—Guide dogs or other service animals accompanying in-
dividuals with disabilities and especially trained and educated for that pur-
pose shall be admitted to any building or other property owned or controlled
by the Federal Government on the same terms and conditions, and subject
to the same regulations, as generally govern the admission of the public to
the property. The animals are not permitted to run free or roam in a build-
ing or on the property and must be in guiding harness or on leash and
under the control of the individual at all times while in a building or on
the property.
(b) REGULATIONS.—The head of each department or other agency of the
Government may prescribe regulations the individual considers necessary in
the public interest to carry out this section as it applies to any building or
other property subject to the individual’s jurisdiction.
§ 3104. Furniture for new buildings
Furniture for all new public buildings shall be acquired in accordance
with plans and specifications approved by the Administrator of General
Services.
§ 3105. Buildings not to be draped in mourning
No building owned, or used for public purposes, by the Federal Govern-
ment shall be draped in mourning nor may public money be used for that
purpose.
SUBCHAPTER II—ACQUIRING LAND
§ 3111. Approval of sufficiency of title prior to acquisition
(a) APPROVAL OF ATTORNEY GENERAL REQUIRED.—Public money may
not be expended to purchase land or any interest in land unless the Attor-
ney General gives prior written approval of the sufficiency of the title to
the land for the purpose for which the Federal Government is acquiring the
property.
(b) DELEGATION.—
101
(1) IN GENERAL.—The Attorney General may delegate the responsi-
bility under this section to other departments and agencies of the Gov-
ernment, subject to general supervision by the Attorney General and
in accordance with regulations the Attorney General prescribes.
(2) REQUEST FOR OPINION OF ATTORNEY GENERAL.—A department
or agency of the Government that has been delegated the responsibility
to approve land titles under this section may request the Attorney Gen-
eral to render an opinion as to the validity of the title to any real prop-
erty or interest in the property, or may request the advice or assistance
of the Attorney General in connection with determinations as to the
sufficiency of titles.
(c) PAYMENT OF EXPENSES FOR PROCURING CERTIFICATES OF TITLE.—
Except where otherwise authorized by law or provided by contract, the ex-
penses of procuring certificates of titles or other evidences of title as the
Attorney General may require may be paid out of the appropriations for the
acquisition of land or out of the appropriations made for the contingencies
of the acquiring department or agency of the Government.
(d) NONAPPLICATION.—This section does not affect any provision of law
in effect on September 1, 1970, that is applicable to the acquisition of land
or interests in land by the Tennessee Valley Authority.
§ 3112. Federal jurisdiction
(a) EXCLUSIVE JURISDICTION NOT REQUIRED.—It is not required that
the Federal Government obtain exclusive jurisdiction in the United States
over land or an interest in land it acquires.
(b) ACQUISITION AND ACCEPTANCE OF JURISDICTION.—When the head
of a department, agency, or independent establishment of the Government,
or other authorized officer of the department, agency, or independent estab-
lishment, considers it desirable, that individual may accept or secure, from
the State in which land or an interest in land that is under the immediate
jurisdiction, custody, or control of the individual is situated, consent to, or
cession of, any jurisdiction over the land or interest not previously obtained.
The individual shall indicate acceptance of jurisdiction on behalf of the Gov-
ernment by filing a notice of acceptance with the Governor of the State or
in another manner prescribed by the laws of the State where the land is
situated.
(c) PRESUMPTION.—It is conclusively presumed that jurisdiction has not
been accepted until the Government accepts jurisdiction over land as pro-
vided in this section.
§ 3113. Acquisition by condemnation
An officer of the Federal Government authorized to acquire real estate
for the erection of a public building or for other public uses may acquire
102
the real estate for the Government by condemnation, under judicial process,
when the officer believes that it is necessary or advantageous to the Govern-
ment to do so. The Attorney General, on application of the officer, shall
have condemnation proceedings begun within 30 days from receipt of the
application at the Department of Justice.
§ 3114. Declaration of taking
(a) FILING AND CONTENT.—In any proceeding in any court of the United
States outside of the District of Columbia brought by and in the name of
the United States and under the authority of the Federal Government to
acquire land, or an easement or right of way in land, for the public use,
the petitioner may file, with the petition or at any time before judgment,
a declaration of taking signed by the authority empowered by law to acquire
the land described in the petition, declaring that the land is taken for the
use of the Government. The declaration of taking shall contain or have an-
nexed to it—
(1) a statement of the authority under which, and the public use for
which, the land is taken;
(2) a description of the land taken that is sufficient to identify the
land;
(3) a statement of the estate or interest in the land taken for public
use;
(4) a plan showing the land taken; and
(5) a statement of the amount of money estimated by the acquiring
authority to be just compensation for the land taken.
(b) VESTING OF TITLE.—On filing the declaration of taking and depos-
iting in the court, to the use of the persons entitled to the compensation,
the amount of the estimated compensation stated in the declaration—
(1) title to the estate or interest specified in the declaration vests
in the Government;
(2) the land is condemned and taken for the use of the Government;
and
(3) the right to just compensation for the land vests in the persons
entitled to the compensation.
(c) COMPENSATION.—
(1) DETERMINATION AND AWARD.—Compensation shall be deter-
mined and awarded in the proceeding and established by judgment.
The judgment shall include interest, in accordance with section 3116
of this title, on the amount finally awarded as the value of the property
as of the date of taking and shall be awarded from that date to the
date of payment. Interest shall not be allowed on as much of the com-
103
pensation as has been paid into the court. Amounts paid into the court
shall not be charged with commissions or poundage.
(2) ORDER TO PAY.—On application of the parties in interest, the
court may order that any part of the money deposited in the court be
paid immediately for or on account of the compensation to be awarded
in the proceeding.
(3) DEFICIENCY JUDGMENT.—If the compensation finally awarded is
more than the amount of money received by any person entitled to
compensation, the court shall enter judgment against the Government
for the amount of the deficiency.
(d) AUTHORITY OF COURT.—On the filing of a declaration of taking, the
court—
(1) may fix the time within which, and the terms on which, the par-
ties in possession shall be required to surrender possession to the peti-
tioner; and
(2) may make just and equitable orders in respect of encumbrances,
liens, rents, taxes, assessments, insurance, and other charges.
(e) VESTING NOT PREVENTED OR DELAYED.—An appeal or a bond or
undertaking given in a proceeding does not prevent or delay the vesting of
title to land in the Government.
§ 3115. Irrevocable commitment of Federal Government to
pay ultimate award when fixed
(a) REQUIREMENT FOR IRREVOCABLE COMMITMENT.—Action under sec-
tion 3114 of this title irrevocably committing the Federal Government to
the payment of the ultimate award shall not be taken unless the head of
the executive department or agency or bureau of the Government empow-
ered to acquire the land believes that the ultimate award probably will be
within any limits Congress prescribes on the price to be paid.
(b) AUTHORIZED PURPOSES OF EXPENDITURES AFTER IRREVOCABLE
COMMITMENT MADE.—When the Government has taken or may take title
to real property during a condemnation proceeding and in advance of final
judgment in the proceeding and has become irrevocably committed to pay
the amount ultimately to be awarded as compensation, and the Attorney
General believes that title to the property has been vested in the Govern-
ment or that all persons having an interest in the property have been made
parties to the proceeding and will be bound by the final judgment, the Gov-
ernment may expend amounts appropriated for that purpose to demolish ex-
isting structures on the property and to erect public buildings or public
works on the property.
104
§ 3116. Interest as part of just compensation
(a) CALCULATION.—The district court shall calculate interest required to
be paid under this subchapter as follows:
(1) PERIOD OF NOT MORE THAN ONE YEAR.—Where the period for
which interest is owed is not more than one year, interest shall be cal-
culated from the date of taking at an annual rate equal to the weekly
average one-year constant maturity Treasury yield, as published by the
Board of Governors of the Federal Reserve System, for the calendar
week preceding the date of taking.
(2) PERIOD OF MORE THAN ONE YEAR.—Where the period for which
interest is owed is more than one year, interest for the first year shall
be calculated in accordance with paragraph (1) and interest for each
additional year shall be calculated on the amount by which the award
of compensation is more than the deposit referred to in section 3114
of this title, plus accrued interest, at an annual rate equal to the week-
ly average one-year constant maturity Treasury yield, as published by
the Board of Governors of the Federal Reserve System, for the cal-
endar week preceding the beginning of each additional year.
(b) DISTRIBUTION OF NOTICE OF RATES.—The Director of the Adminis-
trative Office of the United States Courts shall distribute to all federal
courts notice of the rates described in paragraphs (1) and (2) of subsection
(a).
§ 3117. Exclusion of certain property by stipulation of Attor-
ney General
In any condemnation proceeding brought by or on behalf of the Federal
Government, the Attorney General may stipulate or agree on behalf of the
Government to exclude any part of the property, or any interest in the prop-
erty, taken by or on behalf of the Government by a declaration of taking
or otherwise.
§ 3118. Right of taking as addition to existing rights
The right to take possession and title in advance of final judgment in
condemnation proceedings as provided by section 3114 of this title is in ad-
dition to any right, power, or authority conferred by the laws of the United
States or of a State, territory, or possession of the United States under
which the proceeding may be conducted, and does not abrogate, limit, or
modify that right, power, or authority.
SUBCHAPTER III—BONDS
§ 3131. Bonds of contractors of public buildings or works
(a) DEFINITION.—In this subchapter, the term ‘‘contractor’’ means a
person awarded a contract described in subsection (b).
105
(b) TYPE OF BONDS REQUIRED.—Before any contract of more than
$100,000 is awarded for the construction, alteration, or repair of any public
building or public work of the Federal Government, a person must furnish
to the Government the following bonds, which become binding when the con-
tract is awarded:
(1) PERFORMANCE BOND.—A performance bond with a surety satis-
factory to the officer awarding the contract, and in an amount the offi-
cer considers adequate, for the protection of the Government.
(2) PAYMENT BOND.—A payment bond with a surety satisfactory to
the officer for the protection of all persons supplying labor and mate-
rial in carrying out the work provided for in the contract for the use
of each person. The amount of the payment bond shall equal the total
amount payable by the terms of the contract unless the officer award-
ing the contract determines, in a writing supported by specific findings,
that a payment bond in that amount is impractical, in which case the
contracting officer shall set the amount of the payment bond. The
amount of the payment bond shall not be less than the amount of the
performance bond.
(c) COVERAGE FOR TAXES IN PERFORMANCE BOND.—
(1) IN GENERAL.—Every performance bond required under this sec-
tion specifically shall provide coverage for taxes the Government im-
poses which are collected, deducted, or withheld from wages the con-
tractor pays in carrying out the contract with respect to which the
bond is furnished.
(2) NOTICE.—The Government shall give the surety on the bond
written notice, with respect to any unpaid taxes attributable to any pe-
riod, within 90 days after the date when the contractor files a return
for the period, except that notice must be given no later than 180 days
from the date when a return for the period was required to be filed
under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
(3) CIVIL ACTION.—The Government may not bring a civil action on
the bond for the taxes—
(A) unless notice is given as provided in this subsection; and
(B) more than one year after the day on which notice is given.
(d) WAIVER OF BONDS FOR CONTRACTS PERFORMED IN FOREIGN COUN-
TRIES.—A contracting officer may waive the requirement of a performance
bond and payment bond for work under a contract that is to be performed
in a foreign country if the officer finds that it is impracticable for the con-
tractor to furnish the bonds.
(e) AUTHORITY TO REQUIRE ADDITIONAL BONDS.—This section does not
limit the authority of a contracting officer to require a performance bond
106
or other security in addition to those, or in cases other than the cases, spec-
ified in subsection (b).
§ 3132. Alternatives to payment bonds provided by Federal
Acquisition Regulation
(a) IN GENERAL.—The Federal Acquisition Regulation shall provide al-
ternatives to payment bonds as payment protections for suppliers of labor
and materials under contracts referred to in section 3131(a) of this title
that are more than $25,000 and not more than $100,000.
(b) RESPONSIBILITIES OF CONTRACTING OFFICER.—The contracting offi-
cer for a contract shall—
(1) select, from among the payment protections provided for in the
Federal Acquisition Regulation pursuant to subsection (a), one or more
payment protections which the offeror awarded the contract is to sub-
mit to the Federal Government for the protection of suppliers of labor
and materials for the contract; and
(2) specify in the solicitation of offers for the contract the payment
protections selected.
§ 3133. Rights of persons furnishing labor or material
(a) RIGHT OF PERSON FURNISHING LABOR OR MATERIAL TO COPY OF
BOND.—The department secretary or agency head of the contracting agency
shall furnish a certified copy of a payment bond and the contract for which
it was given to any person applying for a copy who submits an affidavit
that the person has supplied labor or material for work described in the con-
tract and payment for the work has not been made or that the person is
being sued on the bond. The copy is prima facie evidence of the contents,
execution, and delivery of the original. Applicants shall pay any fees the de-
partment secretary or agency head of the contracting agency fixes to cover
the cost of preparing the certified copy.
(b) RIGHT TO BRING A CIVIL ACTION.—
(1) IN GENERAL.—Every person that has furnished labor or material
in carrying out work provided for in a contract for which a payment
bond is furnished under section 3131 of this title and that has not been
paid in full within 90 days after the day on which the person did or
performed the last of the labor or furnished or supplied the material
for which the claim is made may bring a civil action on the payment
bond for the amount unpaid at the time the civil action is brought and
may prosecute the action to final execution and judgment for the
amount due.
(2) PERSON HAVING DIRECT CONTRACTUAL RELATIONSHIP WITH A
SUBCONTRACTOR.—A person having a direct contractual relationship
with a subcontractor but no contractual relationship, express or im-
107
plied, with the contractor furnishing the payment bond may bring a
civil action on the payment bond on giving written notice to the con-
tractor within 90 days from the date on which the person did or per-
formed the last of the labor or furnished or supplied the last of the
material for which the claim is made. The action must state with sub-
stantial accuracy the amount claimed and the name of the party to
whom the material was furnished or supplied or for whom the labor
was done or performed. The notice shall be served—
(A) by any means that provides written, third-party verification
of delivery to the contractor at any place the contractor maintains
an office or conducts business or at the contractor’s residence; or
(B) in any manner in which the United States marshal of the
district in which the public improvement is situated by law may
serve summons.
(3) VENUE.—A civil action brought under this subsection must be
brought—
(A) in the name of the United States for the use of the person
bringing the action; and
(B) in the United States District Court for any district in which
the contract was to be performed and executed, regardless of the
amount in controversy.
(4) PERIOD
IN
WHICH
ACTION
MUST
BE
BROUGHT.—An action
brought under this subsection must be brought no later than one year
after the day on which the last of the labor was performed or material
was supplied by the person bringing the action.
(5) LIABILITY OF FEDERAL GOVERNMENT.—The Government is not
liable for the payment of any costs or expenses of any civil action
brought under this subsection.
(c) A waiver of the right to bring a civil action on a payment bond re-
quired under this subchapter is void unless the waiver is—
(1) in writing;
(2) signed by the person whose right is waived; and
(3) executed after the person whose right is waived has furnished
labor or material for use in the performance of the contract.
§ 3134. Waivers for certain contracts
(a) MILITARY.—The Secretary of the Army, the Secretary of the Navy,
the Secretary of the Air Force, or the Secretary of Transportation may
waive this subchapter with respect to cost-plus-a-fixed fee and other cost-
type contracts for the construction, alteration, or repair of any public build-
ing or public work of the Federal Government and with respect to contracts
for manufacturing, producing, furnishing, constructing, altering, repairing,
108
processing, or assembling vessels, aircraft, munitions, materiel, or supplies
for the Army, Navy, Air Force, or Coast Guard, respectively, regardless of
the terms of the contracts as to payment or title.
(b) TRANSPORTATION.—The Secretary of Transportation may waive this
subchapter with respect to contracts for the construction, alteration, or re-
pair of vessels when the contract is made under sections 1535 and 1536
of title 31, the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.),
or the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.),
regardless of the terms of the contracts as to payment or title.
SUBCHAPTER IV—WAGE RATE REQUIREMENTS
§ 3141. Definitions
In this subchapter, the following definitions apply:
(1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’ has
the same meaning that the term ‘‘United States’’ had in the Act of
March 3, 1931 (ch. 411, 46 Stat. 1494 (known as the Davis-Bacon
Act).
(2) WAGES, SCALE OF WAGES, WAGE RATES, MINIMUM WAGES, AND
PREVAILING WAGES.—The terms ‘‘wages’’, ‘‘scale of wages’’, ‘‘wage
rates’’, ‘‘minimum wages’’, and ‘‘prevailing wages’’ include—
(A) the basic hourly rate of pay; and
(B) for medical or hospital care, pensions on retirement or
death, compensation for injuries or illness resulting from occupa-
tional activity, or insurance to provide any of the forgoing, for un-
employment benefits, life insurance, disability and sickness insur-
ance, or accident insurance, for vacation and holiday pay, for de-
fraying the costs of apprenticeship or other similar programs, or
for other bona fide fringe benefits, but only where the contractor
or subcontractor is not required by other federal, state, or local
law to provide any of those benefits, the amount of—
(i) the rate of contribution irrevocably made by a con-
tractor or subcontractor to a trustee or to a third person
under a fund, plan, or program; and
(ii) the rate of costs to the contractor or subcontractor that
may be reasonably anticipated in providing benefits to labor-
ers and mechanics pursuant to an enforceable commitment to
carry out a financially responsible plan or program which was
communicated in writing to the laborers and mechanics af-
fected.
§ 3142. Rate of wages for laborers and mechanics
(a) APPLICATION.—The advertised specifications for every contract in ex-
cess of $2,000, to which the Federal Government or the District of Colum-
109
bia is a party, for construction, alteration, or repair, including painting and
decorating, of public buildings and public works of the Government or the
District of Columbia that are located in a State or the District of Columbia
and which requires or involves the employment of mechanics or laborers
shall contain a provision stating the minimum wages to be paid various
classes of laborers and mechanics.
(b) BASED ON PREVAILING WAGE.—The minimum wages shall be based
on the wages the Secretary of Labor determines to be prevailing for the cor-
responding classes of laborers and mechanics employed on projects of a
character similar to the contract work in the civil subdivision of the State
in which the work is to be performed, or in the District of Columbia if the
work is to be performed there.
(c) STIPULATIONS REQUIRED IN CONTRACT.—Every contract based upon
the specifications referred to in subsection (a) must contain stipulations
that—
(1) the contractor or subcontractor shall pay all mechanics and la-
borers employed directly on the site of the work, unconditionally and
at least once a week, and without subsequent deduction or rebate on
any account, the full amounts accrued at time of payment, computed
at wage rates not less than those stated in the advertised specifications,
regardless of any contractual relationship which may be alleged to exist
between the contractor or subcontractor and the laborers and mechan-
ics;
(2) the contractor will post the scale of wages to be paid in a promi-
nent and easily accessible place at the site of the work; and
(3) there may be withheld from the contractor so much of accrued
payments as the contracting officer considers necessary to pay to labor-
ers and mechanics employed by the contractor or any subcontractor on
the work the difference between the rates of wages required by the con-
tract to be paid laborers and mechanics on the work and the rates of
wages received by the laborers and mechanics and not refunded to the
contractor or subcontractors or their agents.
(d) DISCHARGE OF OBLIGATION.—The obligation of a contractor or sub-
contractor to make payment in accordance with the prevailing wage deter-
minations of the Secretary of Labor, under this subchapter and other laws
incorporating this subchapter by reference, may be discharged by making
payments in cash, by making contributions described in section
3141(2)(B)(i) of this title, by assuming an enforceable commitment to bear
the costs of a plan or program referred to in section 3141(2)(B)(ii) of this
title, or by any combination of payment, contribution, and assumption,
where the aggregate of the payments, contributions, and costs is not less
110
than the basic hourly rate of pay plus the amount referred to in section
3141(2)(B).
(e) OVERTIME PAY.—In determining the overtime pay to which a laborer
or mechanic is entitled under any federal law, the regular or basic hourly
rate of pay (or other alternative rate on which premium rate of overtime
compensation is computed) of the laborer or mechanic is deemed to be the
rate computed under section 3141(2)(A) of this title, except that where the
amount of payments, contributions, or costs incurred with respect to the la-
borer or mechanic exceeds the applicable prevailing wage, the regular or
basic hourly rate of pay (or other alternative rate) is the amount of pay-
ments, contributions, or costs actually incurred with respect to the laborer
or mechanic minus the greater of the amount of contributions or costs of
the types described in section 3141(2)(B) of this title actually incurred with
respect to the laborer or mechanic or the amount determined under section
3141(2)(B) but not actually paid.
§ 3143. Termination of work on failure to pay agreed wages
Every contract within the scope of this subchapter shall contain a provi-
sion that if the contracting officer finds that any laborer or mechanic em-
ployed by the contractor or any subcontractor directly on the site of the
work covered by the contract has been or is being paid a rate of wages less
than the rate of wages required by the contract to be paid, the Federal Gov-
ernment by written notice to the contractor may terminate the contractor’s
right to proceed with the work or the part of the work as to which there
has been a failure to pay the required wages. The Government may have
the work completed, by contract or otherwise, and the contractor and the
contractor’s sureties shall be liable to the Government for any excess costs
the Government incurs.
§ 3144. Authority of Comptroller General to pay wages and
list contractors violating contracts
(a) PAYMENT OF WAGES.—
(1) IN GENERAL.—The Comptroller General shall pay directly to la-
borers and mechanics from any accrued payments withheld under the
terms of a contract any wages found to be due laborers and mechanics
under this subchapter.
(2) RIGHT OF ACTION.—If the accrued payments withheld under the
terms of the contract are insufficient to reimburse all the laborers and
mechanics who have not been paid the wages required under this sub-
chapter, the laborers and mechanics have the same right to bring a civil
action and intervene against the contractor and the contractor’s sure-
ties as is conferred by law on persons furnishing labor or materials.
In those proceedings it is not a defense that the laborers and mechan-
111
ics accepted or agreed to accept less than the required rate of wages
or voluntarily made refunds.
(b) LIST OF CONTRACTORS VIOLATING CONTRACTS.—
(1) IN GENERAL.—The Comptroller General shall distribute to all
departments of the Federal Government a list of the names of persons
whom the Comptroller General has found to have disregarded their ob-
ligations to employees and subcontractors.
(2) RESTRICTION ON AWARDING CONTRACTS.—No contract shall be
awarded to persons appearing on the list or to any firm, corporation,
partnership, or association in which the persons have an interest until
three years have elapsed from the date of publication of the list.
§ 3145. Regulations governing contractors and subcontrac-
tors
(a) IN GENERAL.—The Secretary of Labor shall prescribe reasonable reg-
ulations for contractors and subcontractors engaged in constructing, car-
rying out, completing, or repairing public buildings, public works, or build-
ings or works that at least partly are financed by a loan or grant from the
Federal Government. The regulations shall include a provision that each
contractor and subcontractor each week must furnish a statement on the
wages paid each employee during the prior week.
(b) APPLICATION.—Section 1001 of title 18 applies to the statements.
§ 3146. Effect on other federal laws
This subchapter does not supersede or impair any authority otherwise
granted by federal law to provide for the establishment of specific wage
rates.
§ 3147. Suspension of this subchapter during a national
emergency
The President may suspend the provisions of this subchapter during a na-
tional emergency.
§ 3148. Application of this subchapter to certain contracts
This subchapter applies to a contract authorized by law that is made
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or
on a cost-plus-a-fixed-fee basis or otherwise without advertising for pro-
posals, if this subchapter otherwise would apply to the contract.
SUBCHAPTER V—VOLUNTEER SERVICES
§ 3161. Purpose
It is the purpose of this subchapter to promote and provide opportunities
for individuals who wish to volunteer their services to state or local govern-
ments, public agencies, or nonprofit charitable organizations in the construc-
tion, repair, or alteration (including painting and decorating) of public
buildings and public works that at least partly are financed with federal fi-
112
nancial assistance authorized under certain federal programs and that oth-
erwise might not be possible without the use of volunteers.
§ 3162. Waiver for individuals who perform volunteer serv-
ices
(a) CRITERIA FOR RECEIVING WAIVER.—The requirement that certain la-
borers and mechanics be paid in accordance with the wage-setting provisions
of subchapter IV of this chapter as set forth in the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian
Health Care Improvement Act (25 U.S.C. 1601 et seq.), and the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) does
not apply to an individual—
(1) who volunteers to perform a service directly to a state or local
government, a public agency, or a public or private nonprofit recipient
of federal assistance—
(A) for civic, charitable, or humanitarian reasons;
(B) only for the personal purpose or pleasure of the individual;
(C) without promise, expectation, or receipt of compensation for
services rendered, except as provided in subsection (b); and
(D) freely and without pressure or coercion, direct or implied,
from any employer;
(2) whose contribution of service is not for the direct or indirect ben-
efit of any contractor otherwise performing or seeking to perform work
on the same project for which the individual is volunteering;
(3) who is not employed by and does not provide services to a con-
tractor or subcontractor at any time on the federally assisted or in-
sured project for which the individual is volunteering; and
(4) who otherwise is not employed by the same public agency or re-
cipient of federal assistance to perform the same type of services as
those for which the individual proposes to volunteer.
(b) PAYMENTS.—
(1) IN ACCORDANCE WITH REGULATIONS.—Volunteers described in
subsection (a) who are performing services directly to a state or local
government or public agency may receive payments of expenses, reason-
able benefits, or a nominal fee only in accordance with regulations the
Secretary of Labor prescribes. Volunteers who are performing services
directly to a public or private nonprofit entity may not receive those
payments.
(2) CRITERIA AND CONTENT OF REGULATIONS.—In prescribing the
regulations, the Secretary shall consider criteria such as the total
amount of payments made (relating to expenses, benefits, or fees) in
113
the context of the economic realities. The regulations shall include pro-
visions that provide that—
(A) a payment for an expense may be received by a volunteer
for items such as uniform allowances, protective gear and clothing,
reimbursement for approximate out-of-pocket expenses, or the cost
or expense of meals and transportation;
(B) a reasonable benefit may include the inclusion of a volun-
teer in a group insurance plan (such as a liability, health, life, dis-
ability, or worker’s compensation plan) or pension plan, or the
awarding of a length of service award; and
(C) a nominal fee may not be used as a substitute for com-
pensation and may not be connected to productivity.
(3) NOMINAL FEE.—The Secretary shall decide what constitutes a
nominal fee for purposes of paragraph (2)(C). The decision shall be
based on the context of the economic realities of the situation involved.
(c) ECONOMIC REALITY.—In determining whether an expense, benefit, or
fee described in subsection (b) may be paid to volunteers in the context of
the economic realities of the particular situation, the Secretary may not per-
mit any expense, benefit, or fee that has the effect of undermining labor
standards by creating downward pressure on prevailing wages in the local
construction industry.
SUBCHAPTER VI—MISCELLANEOUS
§ 3171. Contract authority when appropriation is for less
than full amount
Unless specifically directed otherwise, the Administrator of General Serv-
ices may make a contract within the full limit of the cost fixed by Congress
for the acquisition of land for sites, or for the enlargement of sites, for pub-
lic buildings, or for the erection, remodeling, extension, alteration, and re-
pairs of public buildings, even though an appropriation is made for only
part of the amount necessary to carry out legislation authorizing that pur-
pose.
§ 3172. Extension of state workers’ compensation laws to
buildings, works, and property of the Federal Gov-
ernment
(a) AUTHORIZATION OF EXTENSION.—The state authority charged with
enforcing and requiring compliance with the state workers’ compensation
laws and with the orders, decisions, and awards of the authority may apply
the laws to all land and premises in the State which the Federal Govern-
ment owns or holds by deed or act of cession, and to all projects, buildings,
constructions, improvements, and property in the State and belonging to the
Government, in the same way and to the same extent as if the premises
114
were under the exclusive jurisdiction of the State in which the land, prem-
ises, projects, buildings, constructions, improvements, or property are lo-
cated.
(b) LIMITATION ON RELINQUISHING JURISDICTION.—The Government
under this section does not relinquish its jurisdiction for any other purpose.
(c) NONAPPLICATION.—This section does not modify or amend sub-
chapter I of chapter 81 of title 5.
§ 3173. Working capital fund for blueprinting, photostating,
and duplicating services in General Services Ad-
ministration
(a) ESTABLISHMENT AND PURPOSE.—There is a working capital fund for
the payment of salaries and other expenses necessary to the operation of
a central blue-printing, photostating, and duplicating service.
(b) COMPONENTS.—The fund consists of—
(1) $50,000 without fiscal year limitation; and
(2) reimbursements from available amounts of constituents of the
Administrator of General Services, or of any other federal agency for
which services are performed, at rates to be determined by the Admin-
istrator on the basis of estimated or actual charges for personal serv-
ices, material, equipment (including maintenance, repair, and deprecia-
tion on existing and new equipment) and other expenses, to ensure con-
tinuous operation.
(c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the close of
each fiscal year any excess amount resulting from operation of the service,
after adequately providing for the replacement of mechanical and other
equipment and for accrued annual leave of employees engaged in this work
by the establishment of reserves for those purposes, shall be deposited in
the Treasury as miscellaneous receipts.
§ 3174. Operation of public utility communications services
serving governmental activities
The Administrator of General Services may provide and operate public
utility communications services serving any governmental activity when the
services are economical and in the interest of the Federal Government. This
section does not apply to communications systems for handling messages of
a confidential or secret nature, the operation of cryptographic equipment or
transmission of secret, security, or coded messages, or buildings operated
or occupied by the United States Postal Service, except on request of the
department or agency concerned.
§ 3175. Acceptance of gifts of property
The Administrator of General Services, and the United States Postal
Service where that office is concerned, may accept on behalf of the Federal
115
Government unconditional gifts of property in aid of any project or function
within their respective jurisdictions.
§ 3176. Administrator of General Services to furnish serv-
ices in continental United States to international
bodies
Sections 1535 and 1536 of title 31 are extended so that the Adminis-
trator of General Services, at the request of the Secretary of State, may
furnish services in the continental United States, on a reimbursable basis,
to any international body with which the Federal Government is affiliated.
CHAPTER 33—ACQUISITION, CONSTRUCTION, AND
ALTERATION
Sec.
3301.
Definitions and nonapplication.
3302.
Prohibition on construction of buildings except by Administrator of General Services.
3303.
Continuing investigation and survey of public buildings.
3304.
Acquisition of buildings and sites.
3305.
Construction and alteration of buildings.
3306.
Accommodating federal agencies.
3307.
Congressional approval of proposed projects.
3308.
Architectural or engineering services.
3309.
Buildings and sites in the District of Columbia.
3310.
Special rules for leased buildings.
3311.
State administration of criminal and health and safety laws.
3312.
Compliance with nationally recognized codes.
3313.
Delegation.
3314.
Report to Congress.
3315.
Certain authority not affected.
§ 3301. Definitions and nonapplication
(a) DEFINITIONS.—In this chapter—
(1) ALTER.—The term ‘‘alter’’ includes—
(A) preliminary planning, engineering, architectural, legal, fis-
cal, and economic investigations and studies, surveys, designs,
plans, working drawings, specifications, procedures, and other
similar actions necessary for the alteration of a public building;
and
(B) repairing, remodeling, improving, or extending, or other
changes in, a public building.
(2) CONSTRUCT.—The term ‘‘construct’’ includes preliminary plan-
ning, engineering, architectural, legal, fiscal, and economic investiga-
tions and studies, surveys, designs, plans, working drawings, specifica-
tions, procedures, and other similar actions necessary for the construc-
tion of a public building.
(3) EXECUTIVE AGENCY.–The term ‘‘executive agency’’ means an ex-
ecutive department or independent establishment in the executive
branch of the Federal Government, including—
(A) any wholly owned Government corporation;
116
(B) the Central-Bank for Cooperatives and the regional banks
for cooperatives;
(C) federal land banks;
(D) federal intermediate credit banks;
(E) the Federal Deposit Insurance Corporation; and
(F) the Government National Mortgage Association.
(4) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an execu-
tive agency or an establishment in the legislative or judicial branch of
the Government (except the Senate, the House of Representatives, and
the Architect of the Capitol and any activities under the direction of
the Architect).
(5) PUBLIC BUILDING.—The term ‘‘public building’’—
(A) means a building, whether for single or multitenant occu-
pancy, and its grounds, approaches, and appurtenances, which is
generally suitable for use as office or storage space or both by one
or more federal agencies or mixed-ownership Government corpora-
tions;
(B) includes—
(i) federal office buildings;
(ii) post offices;
(iii) customhouses;
(iv) courthouses;
(v) appraisers stores;
(vi) border inspection facilities;
(vii) warehouses;
(viii) record centers;
(ix) relocation facilities;
(x) telecommuting centers;
(xi) similar federal facilities; and
(xii) any other buildings or construction projects the inclu-
sion of which the President considers to be justified in the
public interest; but
(C) does not include a building or construction project described
in subparagraphs (A) and (B)—
(i) that is on the public domain (including that reserved for
national forests and other purposes);
(ii) that is on property of the Government in foreign coun-
tries;
(iii) that is on Indian and native Eskimo property held in
trust by the Government;
117
(iv) that is on land used in connection with federal pro-
grams for agricultural, recreational, and conservation pur-
poses, including research in connection with the programs;
(v) that is on or used in connection with river, harbor,
flood control, reclamation or power projects, for chemical
manufacturing or development projects, or for nuclear pro-
duction, research, or development projects;
(vi) that is on or used in connection with housing and resi-
dential projects;
(vii) that is on military installations (including any fort,
camp, post, naval training station, airfield, proving ground,
military supply depot, military school, or any similar facility
of the Department of Defense);
(viii) that is on installations of the Department of Veterans
Affairs used for hospital or domiciliary purposes; or
(ix) the exclusion of which the President considers to be
justified in the public interest.
(6) UNITED STATES.—The term ‘‘United States’’ includes the States
of the United States, the District of Columbia, Puerto Rico, and the
territories and possessions of the United States.
(b) NONAPPLICATION.—This chapter does not apply to the construction
of any public building to which section 241(g) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(g)) or section 1 of the Act of June 26, 1930
(19 U.S.C. 68) applies.
§ 3302. Prohibition on construction of buildings except by
Administrator of General Services
Only the Administrator of General Services may construct a public build-
ing. The Administrator shall construct a public building in accordance with
this chapter.
§ 3303. Continuing investigation and survey of public build-
ings
(a) CONDUCTED
BY ADMINISTRATOR.—The Administrator of General
Services shall—
(1) make a continuing investigation and survey of the public build-
ings needs of the Federal Government so that the Administrator may
carry out the duties of the Administrator under this chapter; and
(2) submit to Congress prospectuses of proposed projects in accord-
ance with section 3307(a) and (b) of this title.
(b) COOPERATION WITH FEDERAL AGENCIES.—
(1) DUTIES OF ADMINISTRATOR.—In carrying out the duties of the
Administrator under this chapter, the Administrator—
118
(A) shall cooperate with all federal agencies in order to keep in-
formed of their needs;
(B) shall advise each federal agency of the program with respect
to the agency; and
(C) may request the cooperation and assistance of each federal
agency in carrying out duties under this chapter.
(2) DUTY OF FEDERAL AGENCIES.—Each federal agency shall co-
operate with, advise, and assist the Administrator in carrying out the
duties of the Administrator under this chapter as determined necessary
by the Administrator to carry out the purposes of this chapter.
(c) REQUEST FOR IDENTIFICATION OF EXISTING BUILDINGS OF HISTOR-
ICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—When the Adminis-
trator undertakes a survey of the public buildings needs of the Government
within a geographical area, the Administrator shall request that, within 60
days, the Advisory Council on Historic Preservation established by title II
of the National Historic Preservation Act (16 U.S.C. 470i et seq.) identify
any existing buildings in the geographical area that—
(1) are of historical, architectural, or cultural significance (as defined
in section 3306(a) of this title); and
(2) whether or not in need of repair, alteration, or addition, would
be suitable for acquisition to meet the public buildings needs of the
Government.
(d) STANDARD
FOR
CONSTRUCTION
AND
ACQUISITION
OF
PUBLIC
BUILDINGS.—In carrying out the duties of the Administrator under this
chapter, the Administrator shall provide for the construction and acquisition
of public buildings equitably throughout the United States with due regard
to the comparative urgency of the need for each particular building. In de-
veloping plans for new buildings, the Administrator shall give due consider-
ation to excellence of architecture and design.
§ 3304. Acquisition of buildings and sites
(a) IN GENERAL.—The Administrator of General Services may acquire,
by purchase, condemnation, donation, exchange, or otherwise, any building
and its site which the Administrator decides is necessary to carry out the
duties of the Administrator under this chapter.
(b) ACQUISITION OF LAND OR INTEREST IN LAND FOR USE AS SITES.—
The Administrator may acquire land or an interest in land the Adminis-
trator considers necessary for use as sites, or additions to sites, for public
buildings authorized to be constructed or altered under this chapter.
(c) PUBLIC BUILDINGS USED FOR POST OFFICE PURPOSES.—When any
part of a public building is to be used for post office purposes, the Adminis-
trator shall act jointly with the United States Postal Service in selecting the
119
town or city where the building is to be constructed, and in selecting the
site in the town or city for the building.
(d) SOLICITATION OF PROPOSALS FOR SALE, DONATION, OR EXCHANGE
OF REAL PROPERTY.—When the Administrator is to acquire a site under
subsection (b), the Administrator, if the Administrator considers it nec-
essary, by public advertisement may solicit proposals for the sale, donation,
or exchange of real property to the Federal Government to be used as the
site. In selecting a site under subsection (b) the Administrator (with the
concurrence of the United States Postal Service if any part of the public
building to be constructed on the site is to be used for post office purposes)
may—
(1) select the site that the Administrator believes is the most advan-
tageous to the Government, all factors considered; and
(2) acquire the site without regard to title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
§ 3305. Construction and alteration of buildings
(a) CONSTRUCTION.—
(1) REPLACEMENT OF EXISTING BUILDINGS.—When the Adminis-
trator of General Services considers it to be in the best interest of the
Federal Government to construct a new public building to take the
place of an existing public building, the Administrator may demolish
the existing building and use the site on which it is located for the site
of the proposed public building. If the Administrator believes that it
is more advantageous to construct the public building on a different
site in the same city, the Administrator may exchange the building and
site, or the site, for another site, or may sell the building and site in
accordance with subtitle I of this title and title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
(2) SALE OR EXCHANGE OF SITES.—When the Administrator decides
that a site acquired for the construction of a public building is not suit-
able for that purpose, the Administrator may exchange the site for an-
other site, or may sell it in accordance with subtitle I of this title and
title III of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.).
(3) COMMITTEE APPROVAL REQUIRED.—This subsection does not
permit the Administrator to use any land as a site for a public building
if the project has not been approved in accordance with section 3307
of this title.
(b) ALTERATION OF BUILDINGS.—
(1) AUTHORITY TO ALTER BUILDINGS AND ACQUIRE LAND.—The
Administrator may—
120
(A) alter any public building; and
(B) acquire in accordance with section 3304(b)–(d) of this title
land necessary to carry out the alteration.
(2) COMMITTEE APPROVAL NOT REQUIRED.—
(A) THRESHOLD
AMOUNT.—Approval under section 3307 of
this title is not required for any alteration and acquisition author-
ized by this subsection for which the estimated maximum cost does
not exceed $1,500,000.
(B) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annu-
ally may adjust the dollar amount referred to in subparagraph (A)
to reflect a percentage increase or decrease in construction costs
during the prior calendar year, as determined by the composite
index of construction costs of the Department of Commerce. Any
adjustment shall be expeditiously reported to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Representa-
tives.
(c) CONSTRUCTION OR ALTERATION BY CONTRACT.—The Administrator
may carry out any construction or alteration authorized by this chapter by
contract if the Administrator considers it to be most advantageous to the
Government.
§ 3306. Accommodating federal agencies
(a) DEFINITIONS.—In this section—
(1) COMMERCIAL ACTIVITIES.—The term ‘‘commercial activities’’ in-
cludes the operations of restaurants, food stores, craft stores, dry goods
stores, financial institutions, and display facilities.
(2) CULTURAL ACTIVITIES.—The term ‘‘cultural activities’’ includes
film, dramatic, dance, and musical presentations, and fine art exhibits,
whether or not those activities are intended to make a profit.
(3) EDUCATIONAL ACTIVITIES.—The terms ‘‘educational activities’’
includes the operations of libraries, schools, day care centers, labora-
tories, and lecture and demonstration facilities.
(4) HISTORICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—
The term ‘‘historical, architectural, or cultural significance’’ includes
buildings listed or eligible to be listed on the National Register estab-
lished under section 101 of the National Historic Preservation Act (16
U.S.C. 470a).
(5) RECREATIONAL ACTIVITIES.—The term ‘‘recreational activities’’
includes the operations of gymnasiums and related facilities.
121
(6) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of
general local government’’ means a city, county, town, parish, village,
or other general-purpose political subdivision of a State.
(b) DUTIES OF ADMINISTRATOR.—To carry out the duties of the Admin-
istrator of General Services under sections 581(h), 584(b), 3303(c), and
3307(b)(3) and (5) of this title and under any other authority with respect
to constructing, operating, maintaining, altering, and otherwise managing or
acquiring space necessary to accommodate federal agencies and to accom-
plish the purposes of sections 581(h), 584(b), 3303(c), and 3307(b)(3) and
(5), the Administrator shall—
(1) acquire and utilize space in suitable buildings of historical, archi-
tectural, or cultural significance, unless use of the space would not
prove feasible and prudent compared with available alternatives;
(2) encourage the location of commercial, cultural, educational, and
recreational facilities and activities in public buildings;
(3) provide and maintain space, facilities, and activities, to the extent
practicable, that encourage public access to, and stimulate public pe-
destrian traffic around, into, and through, public buildings, permitting
cooperative improvements to and uses of the area between the building
and the street, so that the activities complement and supplement com-
mercial, cultural, educational, and recreational resources in the neigh-
borhood of public buildings; and
(4) encourage the public use of public buildings for cultural, edu-
cational, and recreational activities.
(c) CONSULTATION AND SOLICITATION OF COMMENTS.—In carrying out
the duties under subsection (b), the Administrator shall—
(1) consult with chief executive officers of the States, areawide agen-
cies established pursuant to title II of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3331 et seq.) and
section 6506 of title 31, and chief executive officers of those units of
general local government in each area served by an existing or proposed
public building; and
(2) solicit the comments of other community leaders and members
of the general public as the Administrator considers appropriate.
§ 3307. Congressional approval of proposed projects
(a) RESOLUTIONS
REQUIRED
BEFORE
APPROPRIATIONS
MAY
BE
MADE.—The following appropriations may be made only if the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives adopt
resolutions approving the purpose for which the appropriation is made:
122
(1) An appropriation to construct, alter, or acquire any building to
be used as a public building which involves a total expenditure in excess
of $1,500,000, so that the equitable distribution of public buildings
throughout the United States with due regard for the comparative ur-
gency of need for the buildings, except as provided in section 3305(b)
of this title, is ensured.
(2) An appropriation to lease any space at an average annual rental
in excess of $1,500,000 for use for public purposes.
(3) An appropriation to alter any building, or part of the building,
which is under lease by the Federal Government for use for a public
purpose if the cost of the alteration will exceed $750,000.
(b) TRANSMISSION
TO
CONGRESS
OF
PROSPECTUS
OF
PROPOSED
PROJECT.—To secure consideration for the approval referred to in sub-
section (a), the Administrator of General Services shall transmit to Con-
gress a prospectus of the proposed facility, including—
(1) a brief description of the building to be constructed, altered, or
acquired, or the space to be leased, under this chapter;
(2) the location of the building or space to be leased and an estimate
of the maximum cost to the Government of the facility to be con-
structed, altered, or acquired, or the space to be leased;
(3) a comprehensive plan for providing space for all Government offi-
cers and employees in the locality of the proposed facility or the space
to be leased, having due regard for suitable space which may continue
to be available in existing Government-owned or occupied buildings, es-
pecially those buildings that enhance the architectural, historical, so-
cial, cultural, and economic environment of the locality;
(4) with respect to any project for the construction, alteration, or ac-
quisition of any building, a statement by the Administrator that suit-
able space owned by the Government is not available and that suitable
rental space is not available at a price commensurate with that to be
afforded through the proposed action;
(5) a statement by the Administrator of the economic and other jus-
tifications for not acquiring a building identified to the Administrator
under section 3303(c) of this title as suitable for the public building
needs of the Government; and
(6) a statement of rents and other housing costs currently being paid
by the Government for federal agencies to be housed in the building
to be constructed, altered, or acquired, or the space to be leased.
(c) INCREASE OF ESTIMATED MAXIMUM COST.—The estimated maximum
cost of any project approved under this section as set forth in any pro-
spectus may be increased by an amount equal to any percentage increase,
123
as determined by the Administrator, in construction or alteration costs from
the date the prospectus is transmitted to Congress. The increase authorized
by this subsection may not exceed 10 percent of the estimated maximum
cost.
(d) RESCISSION OF APPROVAL.— If an appropriation is not made within
one year after the date a project for construction, alteration, or acquisition
is approved under subsection (a), the Committee on Environment and Pub-
lic Works of the Senate or the Committee on Transportation and Infrastruc-
ture of the House of Representatives by resolution may rescind its approval
before an appropriation is made.
(e) EMERGENCY LEASES BY THE ADMINISTRATOR.—This section does
not prevent the Administrator from entering into emergency leases during
any period declared by the President to require emergency leasing authority.
An emergency lease may not be for more than 180 days without approval
of a prospectus for the lease in accordance with subsection (a).
(f) LIMITATION ON LEASING CERTAIN SPACE.—
(1) IN GENERAL.—The Administrator may not lease space to accom-
modate any of the following if the average rental cost of leasing the
space will exceed $1,500,000:
(A) Computer and telecommunications operations.
(B) Secure or sensitive activities related to the national defense
or security, except when it would be inappropriate to locate those
activities in a public building or other facility identified with the
Government.
(C) A permanent courtroom, judicial chamber, or administrative
office for any United States court.
(2) EXCEPTION.—The Administrator may lease space with respect to
which paragraph (1) applies if the Administrator—
(A) decides, for reasons set forth in writing, that leasing the
space is necessary to meet requirements which cannot be met in
public buildings; and
(B) submits the reasons to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
(g) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annually may
adjust any dollar amount referred to in this section to reflect a percentage
increase or decrease in construction costs during the prior calendar year,
as determined by the composite index of construction costs of the Depart-
ment of Commerce. Any adjustment shall be expeditiously reported to the
Committee on Environment and Public Works of the Senate and the Com-
124
mittee on Transportation and Infrastructure of the House of Representa-
tives.
§ 3308. Architectural or engineering services
(a) EMPLOYMENT BY ADMINISTRATOR.—When the Administrator of Gen-
eral Services decides it to be necessary, the Administrator may employ, by
contract or otherwise, without regard to chapters 33 and 51 and subchapter
III of chapter 53 of title 5, civil service rules and regulations, or section
3709 of the Revised Statutes (41 U.S.C. 5), the services of established ar-
chitectural or engineering corporations, firms, or individuals, to the extent
the Administrator may require those services for any public building author-
ized to be constructed or altered under this chapter.
(b) EMPLOYMENT ON PERMANENT BASIS NOT PERMITTED.—A corpora-
tion, firm, or individual shall not be employed under authority of subsection
(a) on a permanent basis.
(c) RESPONSIBILITY
OF ADMINISTRATOR.—Notwithstanding any other
provision of this section, the Administrator is responsible for all construc-
tion authorized by this chapter, including the interpretation of construction
contracts, approval of material and workmanship supplied under a construc-
tion contract, approval of changes in the construction contract, certification
of vouchers for payments due the contractor, and final settlement of the
contract.
§ 3309. Buildings and sites in the District of Columbia
(a) IN GENERAL.—The purposes of this chapter shall be carried out in
the District of Columbia as nearly as may be practicable in harmony with
the plan of Peter Charles L’Enfant. Public buildings shall be constructed
or altered to combine architectural beauty with practical utility.
(b) CLOSING OF STREETS AND ALLEYS.—When the Administrator of
General Services decides that constructing or altering a public building
under this chapter in the District of Columbia requires using contiguous
squares as a site for the building, parts of streets that lie between the
squares, and alleys that intersect the squares, may be closed and vacated
if agreed to by the Administrator, the Council of the District of Columbia,
and the National Capital Planning Commission. Those streets and alleys be-
come part of the site.
(c) CONSULTATIONS PRIOR TO ACQUISITIONS.—
(1) WITH HOUSE OFFICE BUILDING COMMISSION.—The Adminis-
trator must consult with the House Office Building Commission cre-
ated by the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), before
the Administrator may acquire land located south of Independence Ave-
nue, between Third Street SW and Eleventh Street SE, in the District
of Columbia, for use as a site or an addition to a site.
125
(2) WITH ARCHITECT OF CAPITOL.—The Administrator must consult
with the Architect of the Capitol before the Administrator may acquire
land located in the area extending from the United States Capitol
Grounds to Eleventh Street NE and SE and bounded by Independence
Avenue on the south and G Street NE on the north, in the District
of Columbia, for use as a site or an addition to a site.
(d) CONTRACTS FOR EVENTS IN STADIUM.—Notwithstanding the District
of Columbia Stadium Act of 1957 (Public Law 85–300, 71 Stat. 619) or
any other provision of law, the Armory Board may make contracts to con-
duct events in Robert F. Kennedy Stadium.
§ 3310. Special rules for leased buildings
For any building to be constructed for lease to, and for predominant use
by, the Federal Government, the Administrator of General Services—
(1) notwithstanding section 585(a)(1) of this title, shall not make
any agreement or undertake any commitment which will result in the
construction of the building until the Administrator has established de-
tailed specification requirements for the building;
(2) may acquire a leasehold interest in the building only by the use
of competitive procedures required by section 303 of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 253);
(3) shall inspect every building during construction to establish that
the specifications established for the building are complied with;
(4) on completion of the building, shall evaluate the building to de-
termine the extent of failure to comply with the specifications referred
to in clause (1); and
(5) shall ensure that any contract entered into for the building shall
contain provisions permitting a reduction of rent during any period
when the building is not in compliance with the specifications.
§ 3311. State administration of criminal and health and safe-
ty laws
When the Administrator of General Services considers it desirable, the
Administrator may assign to a State or a territory or possession of the
United States any part of the authority of the Federal Government to ad-
minister criminal laws and health and safety laws with respect to land or
an interest in land under the control of the Administrator and located in
the State, territory, or possession. Assignment of authority under this sec-
tion may be accomplished by filing with the chief executive officer of the
State, territory, or possession a notice of assignment to take effect on ac-
ceptance, or in another manner as may be prescribed by the laws of the
State, territory, or possession in which the land or interest is located.
126
§ 3312. Compliance with nationally recognized codes
(a) APPLICATION.—
(1) IN GENERAL.—This section applies to any project for construc-
tion or alteration of a building for which amounts are first appro-
priated for a fiscal year beginning after September 30, 1989.
(2) NATIONAL SECURITY WAIVER.—This section does not apply to a
building for which the Administrator of General Services or the head
of the federal agency authorized to construct or alter the building de-
cides that the application of this section to the building would adversely
affect national security. A decision under this subsection is not subject
to administrative or judicial review.
(b) BUILDING CODES.—Each building constructed or altered by the Gen-
eral Services Administration or any other federal agency shall be con-
structed or altered, to the maximum extent feasible as determined by the
Administrator or the head of the federal agency, in compliance with one of
the nationally recognized model building codes and with other applicable na-
tionally recognized codes, including electrical codes, fire and life safety
codes, and plumbing codes, as the Administrator decides is appropriate. In
carrying out this subsection, the Administrator or the head of the federal
agency shall use the latest edition of the nationally recognized codes.
(c) ZONING LAWS.—Each building constructed or altered by the Adminis-
tration or any other federal agency shall be constructed or altered only after
consideration of all requirements (except procedural requirements) of the
following laws of a State or a political subdivision of a State, which would
apply to the building if it were not a building constructed or altered by a
federal agency:
(1) Zoning laws.
(2) Laws relating to landscaping, open space, minimum distance of
a building from the property line, maximum height of a building, his-
toric preservation, esthetic qualities of a building, and other similar
laws.
(d) COOPERATION WITH STATE AND LOCAL OFFICIALS.—
(1) STATE AND LOCAL GOVERNMENT CONSULTATION, REVIEW, AND
INSPECTIONS.—To meet the requirements of subsections (b) and (c),
the Administrator or the head of the federal agency authorized to con-
struct or alter the building—
(A) in preparing plans for the building, shall consult with ap-
propriate officials of the State or political subdivision of a State,
or both, in which the building will be located;
127
(B) on request shall submit the plans in a timely manner to the
officials for review by the officials for a reasonable period of time
not exceeding 30 days; and
(C) shall permit inspection by the officials during construction
or alteration of the building, in accordance with the customary
schedule of inspections for construction or alteration of buildings
in the locality, if the officials provide to the Administrator or the
head of the federal agency—
(i) a copy of the schedule before construction of the build-
ing is begun; and
(ii) reasonable notice of their intention to conduct any in-
spection before conducting the inspection.
(2) LIMITATION ON RESPONSIBILITIES.—This section does not im-
pose an obligation on any State or political subdivision to take any ac-
tion under paragraph (1).
(e) STATE AND LOCAL GOVERNMENT RECOMMENDATIONS.—Appropriate
officials of a State or political subdivision of a State may make rec-
ommendations to the Administrator or the head of the federal agency au-
thorized to construct or alter a building concerning measures necessary to
meet the requirements of subsections (b) and (c). The officials also may
make recommendations to the Administrator or the head of the federal
agency concerning measures which should be taken in the construction or
alteration of the building to take into account local conditions. The Adminis-
trator or the head of the agency shall give due consideration to the rec-
ommendations.
(f) EFFECT OF NONCOMPLIANCE.—An action may not be brought against
the Federal Government and a fine or penalty may not be imposed against
the Government for failure to meet the requirements of subsection (b), (c),
or (d) or for failure to carry out any recommendation under subsection (e).
(g) LIMITATION ON LIABILITY.—The Government and its contractors
shall not be required to pay any amount for any action a State or a political
subdivision of a State takes to carry out this section, including reviewing
plans, carrying out on-site inspections, issuing building permits, and making
recommendations.
§ 3313. Delegation
(a) WHEN ALLOWED.—Except for the authority contained in section
3305(b) of this title, the carrying out of the duties and powers of the Ad-
ministrator of General Services under this chapter, in accordance with
standards the Administrator prescribes—
(1) shall be delegated on request to the appropriate executive agency
when the estimated cost of the project does not exceed $100,000; and
128
(2) may be delegated to the appropriate executive agency when the
Administrator determines that delegation will promote efficiency and
economy.
(b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Delega-
tion under subsection (a) does not exempt the person to whom the delega-
tion is made, or the carrying out of the delegated duty or power, from any
other provision of this chapter.
§ 3314. Report to Congress
(a) REQUEST BY EITHER HOUSE OF CONGRESS OR ANY COMMITTEE.—
Within a reasonable time after a request of either House of Congress or
any committee of Congress, the Administrator of General Services shall sub-
mit a report showing the location, space, cost, and status of each public
building the construction, alteration, or acquisition of which—
(1) is to be under authority of this chapter; and
(2) was uncompleted as of the date of the request, or as of another
date the request may designate.
(b) REQUEST OF COMMITTEE ON PUBLIC WORKS AND ENVIRONMENT OR
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE.—The Adminis-
trator and the United States Postal Service shall make building project sur-
veys requested by resolution by the Committee on Environment and Public
Works of the Senate or the Committee on Transportation and Infrastruc-
ture of the House of Representatives, and within a reasonable time shall
make a report on the survey to Congress. The report shall contain all other
information required to be included in a prospectus of the proposed public
building project under section 3307(b) of this title.
§ 3315. Certain authority not affected
This chapter does not limit or repeal the authority conferred by law on
the United States Postal Service.
CHAPTER 35—NON-FEDERAL PUBLIC WORKS
Sec.
3501.
Definitions.
3502.
Planned public works.
3503.
Revolving fund.
3504.
Surveys of public works planning.
3505.
Forgiveness of outstanding advances.
§ 3501. Definitions
In this chapter, the following definitions apply:
(1) PUBLIC AGENCY.—The term ‘‘public agency’’ means a State or
a public agency or political subdivision of a State.
(2) PUBLIC WORKS.—The term ‘‘public works’’ includes any public
works other than housing.
(3) STATE.—The term ‘‘State’’ means a State of the United States,
the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the
129
Northern Mariana Islands, the Federated States of Micronesia, the
Marshall Islands, Palau, and any territory or possession of the United
States.
§ 3502. Planned public works
(a) ADVANCES
TO
ENSURE
PLANNING.—Notwithstanding section
3324(a) and (b) of title 31, the Secretary of Housing and Urban Develop-
ment may make advances to public agencies and Indian tribes—
(1) to encourage public agencies and Indian tribes to maintain at all
times a current and adequate reserve of planned public works the con-
struction of which can rapidly be commenced, particularly when the na-
tional or local economic situation makes that action desirable; and
(2) to help attain maximum economy and efficiency in the planning
and construction of public works.
(b) USES OF ADVANCES.—A public agency or Indian tribe shall use an
advance under subsection (a) to aid in financing the cost of feasibility stud-
ies, engineering and architectural surveys, designs, plans, working drawings,
specifications, or other action preliminary to and in preparation for the con-
struction of public works, and for construction in connection with the devel-
opment of a medical center, a general plan for the development of the cen-
ter.
(c) NO FUTURE COMMITMENT.—An advance under subsection (a) does
not commit the Congress to appropriate amounts to assist in financing the
construction of any public works planned with the aid of that advance. Out-
standing advances to public agencies and Indian tribes in a State shall not
exceed 12.5 percent of the aggregate then authorized to be appropriated to
the revolving fund established under section 3503 of this title.
(d) REQUIREMENTS FOR ADVANCES.—An advance shall not be made
under subsection (a) for an individual project (including a regional, metro-
politan, or other areawide project) unless—
(1) the project is planned to be constructed within or over a reason-
able period of time considering the nature of the project;
(2) the project conforms to an overall state, local, or regional plan
approved by a competent state, local, or regional authority; and
(3) the public agency or Indian tribe formally contracts with the
Federal Government to complete the plan preparation promptly and to
repay part or all of the advance when due.
(e) REGULATIONS.—The Secretary may prescribe regulations to carry out
this chapter.
§ 3503. Revolving fund
(a) ESTABLISHMENT.—There is a revolving fund established by the Sec-
retary of Housing and Urban Development to provide amounts for advances
130
under this chapter. The fund comprises amounts appropriated under this
chapter and all repayments and other receipts received in connection with
advances made under this chapter.
(b) AUTHORIZATIONS.—Not more than $70,000,000 may be appropriated
to the revolving fund as necessary to carry out the purposes of this chapter.
§ 3504. Surveys of public works planning
The Secretary of Housing and Urban Development may use during a fis-
cal year not more than $100,000 of the amount in the revolving fund estab-
lished under section 3503 of this title to conduct surveys of the status and
current volume of state and local public works planning and surveys of esti-
mated requirements for state and local public works. In conducting a sur-
vey, the Secretary, may use or act through any department or agency of
the Federal Government, with the consent of the department or agency.
§ 3505. Forgiveness of outstanding advances
In accordance with accounting and other procedures the Secretary of
Housing and Urban Development prescribes, each advance made by the Sec-
retary under this chapter that had any principal amount outstanding on
February 5, 1988, was forgiven. The terms and conditions of any contract,
or any amendment to a contract, for that advance with respect to any prom-
ise to repay the advance were canceled.
CHAPTER 37—CONTRACT WORK HOURS AND SAFETY
STANDARDS
Sec.
3701.
Definition and application.
3702.
Work hours.
3703.
Report of violations and withholding of amounts for unpaid wages and liquidated dam-
ages.
3704.
Health and safety standards in building trades and construction industry.
3705.
Safety programs.
3706.
Limitations, variations, tolerances, and exemptions.
3707.
Contractor certification or contract clause in acquisition of commercial items not re-
quired.
3708.
Criminal penalties.
§ 3701. Definition and application
(a) DEFINITION.—In this chapter, the term ‘‘Federal Government’’ has
the same meaning that the term ‘‘United States’’ had in the Contract Work
Hours and Safety Standards Act (Public Law 87–581, 76 Stat. 357).
(b) APPLICATION.—
(1) CONTRACTS.—This chapter applies to—
(A) any contract that may require or involve the employment of
laborers or mechanics on a public work of the Federal Govern-
ment, a territory of the United States, or the District of Columbia;
and
(B) any other contract that may require or involve the employ-
ment of laborers or mechanics if the contract is one—
131
(i) to which the Government, an agency or instrumentality
of the Government, a territory, or the District of Columbia
is a party;
(ii) which is made for or on behalf of the Government, an
agency or instrumentality, a territory, or the District of Co-
lumbia; or
(iii) which is a contract for work financed at least in part
by loans or grants from, or loans insured or guaranteed by,
the Government or an agency or instrumentality under any
federal law providing wage standards for the work.
(2) LABORERS AND MECHANICS.—This chapter applies to all labor-
ers and mechanics employed by a contractor or subcontractor in the
performance of any part of the work under the contract—
(A) including watchmen, guards, and workers performing serv-
ices in connection with dredging or rock excavation in any river
or harbor of the United States, a territory, or the District of Co-
lumbia; but
(B) not including an employee employed as a seaman.
(3) EXCEPTIONS.—
(A) THIS CHAPTER.—This chapter does not apply to—
(i) a contract for—
(I) transportation by land, air, or water;
(II) the transmission of intelligence; or
(III) the purchase of supplies or materials or articles
ordinarily available in the open market;
(ii) any work required to be done in accordance with the
provisions of the Walsh-Healey Act (41 U.S.C. 35 et seq.);
and
(iii) a contract in an amount that is not greater than
$100,000.
(B) SECTION 3902.—Section 3902 of this title does not apply to
work where the assistance described in subsection (a)(2)(C) from
the Government or an agency or instrumentality is only a loan
guarantee or insurance.
§ 3702. Work hours
(a) STANDARD WORKWEEK.—The wages of every laborer and mechanic
employed by any contractor or subcontractor in the performance of work on
a contract described in section 3701 of this title shall be computed on the
basis of a standard workweek of 40 hours. Work in excess of the standard
workweek is permitted subject to this section. For each workweek in which
the laborer or mechanic is so employed, wages include compensation, at a
132
rate not less than one and one-half times the basic rate of pay, for all hours
worked in excess of 40 hours in the workweek.
(b) CONTRACT REQUIREMENTS.—A contract described in section 3701 of
this title, and any obligation of the Federal Government, a territory of the
United States, or the District of Columbia in connection with that contract,
must provide that—
(1) a contractor or subcontractor contracting for any part of the con-
tract work which may require or involve the employment of laborers or
mechanics shall not require or permit any laborer or mechanic, in any
workweek in which the laborer or mechanic is employed on that work,
to work more than 40 hours in that workweek, except as provided in
this chapter; and
(2) when a violation of clause (1) occurs, the contractor and any sub-
contractor responsible for the violation are liable—
(A) to the affected employee for the employee’s unpaid wages;
and
(B) to the Government, the District of Columbia, or a territory
for liquidated damages as provided in the contract.
(c) LIQUIDATED
DAMAGES.—Liquidated damages under subsection
(b)(2)(B) shall be computed for each individual employed as a laborer or
mechanic in violation of this chapter and shall be equal to $10 for each cal-
endar day on which the individual was required or permitted to work in ex-
cess of the standard workweek without payment of the overtime wages re-
quired by this chapter.
(d) AMOUNTS WITHHELD TO SATISFY LIABILITIES.—Subject to section
3703 of this title, the governmental agency for which the contract work is
done or which is providing financial assistance for the work may withhold,
or have withheld, from money payable because of work performed by a con-
tractor or subcontractor, amounts administratively determined to be nec-
essary to satisfy the liabilities of the contractor or subcontractor for unpaid
wages and liquidated damages as provided in this section.
§ 3703. Report of violations and withholding of amounts for
unpaid wages and liquidated damages
(a) REPORTS OF INSPECTORS.—An officer or individual designated as an
inspector of the work to be performed under a contract described in section
3701 of this title, or to aid in the enforcement or fulfillment of the contract,
on observation or after investigation immediately shall report to the proper
officer of the Federal Government, a territory of the United States, or the
District of Columbia all violations of this chapter occurring in the perform-
ance of the work, together with the name of each laborer or mechanic who
133
was required or permitted to work in violation of this chapter and the day
the violation occurred.
(b) WITHHOLDING AMOUNTS.—
(1) DETERMINING AMOUNT.—The amount of unpaid wages and liq-
uidated damages owing under this chapter shall be determined adminis-
tratively.
(2) AMOUNT DIRECTED TO BE WITHHELD.—The officer or individual
whose duty it is to approve the payment of money by the Government,
territory, or District of Columbia in connection with the performance
of the contract work shall direct the amount of—
(A) liquidated damages to be withheld for the use and benefit
of the Government, territory, or District; and
(B) unpaid wages to be withheld for the use and benefit of the
laborers and mechanics who were not compensated as required
under this chapter.
(3) PAYMENT.—The Comptroller General shall pay the amount ad-
ministratively determined to be due directly to the laborers and me-
chanics from amounts withheld on account of underpayments of wages
if the amount withheld is adequate. If the amount withheld is not ade-
quate, the Comptroller General shall pay an equitable proportion of the
amount due.
(c) RIGHT OF ACTION AND INTERVENTION AGAINST CONTRACTORS AND
SURETIES.—If the accrued payments withheld under the terms of the con-
tract are insufficient to reimburse all the laborers and mechanics who have
not been paid the wages required under this chapter, the laborers and me-
chanics, in the case of a department or agency of the Government, have the
same right of action and intervention against the contractor and the con-
tractor’s sureties as is conferred by law on persons furnishing labor or ma-
terials. In those proceedings it is not a defense that the laborers and me-
chanics accepted or agreed to accept less than the required rate of wages
or voluntarily made refunds.
(d) REVIEW PROCESS.—
(1) TIME LIMIT FOR APPEAL.—Within 60 days after an amount is
withheld as liquidated damages, any contractor or subcontractor ag-
grieved by the withholding may appeal to the head of the agency of
the Government or territory for which the contract work is done or
which is providing financial assistance for the work, or to the Mayor
of the District of Columbia in the case of liquidated damages withheld
for the use and benefit of the District.
(2) REVIEW BY AGENCY HEAD OR MAYOR.—The agency head or
Mayor may review the administrative determination of liquidated dam-
134
ages. The agency head or Mayor may issue a final order affirming the
determination or may recommend to the Secretary of Labor that an ap-
propriate adjustment in liquidated damages be made, or that the con-
tractor or subcontractor be relieved of liability for the liquidated dam-
ages, if it is found that the amount is incorrect or that the contractor
or subcontractor violated this chapter inadvertently, notwithstanding
the exercise of due care by the contractor or subcontractor and the
agents of the contractor or subcontractor.
(3) REVIEW BY SECRETARY.—The Secretary shall review all perti-
nent facts in the matter and may conduct any investigation the Sec-
retary considers necessary in order to affirm or reject the recommenda-
tion. The decision of the Secretary is final.
(4) JUDICIAL ACTION.—A contractor or subcontractor aggrieved by
a final order for the withholding of liquidated damages may file a claim
in the United States Court of Federal Claims within 60 days after the
final order. A final order of the agency head, Mayor, or Secretary is
conclusive with respect to findings of fact if supported by substantial
evidence.
(e) APPLICABILITY OF OTHER LAWS.—
(1) REORGANIZATION PLAN.—Reorganization Plan Numbered 14 of
1950 (eff. May 24, 1950, 64 Stat. 1267) applies to this chapter.
(2) SECTION 3145.—Section 3145 of this title applies to contractors
and subcontractors referred to in section 3145 who are engaged in the
performance of contracts subject to this chapter.
§ 3704. Health and safety standards in building trades and
construction industry
(a) CONDITION OF CONTRACTS.—
(1) IN
GENERAL.—Each contract in an amount greater than
$100,000 that is entered into under legislation subject to Reorganiza-
tion Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267)
and is for construction, alteration, and repair, including painting and
decorating, must provide that no contractor or subcontractor con-
tracting for any part of the contract work shall require any laborer or
mechanic employed in the performance of the contract to work in sur-
roundings or under working conditions that are unsanitary, hazardous,
or dangerous to health or safety, as established under construction
safety and health standards the Secretary of Labor prescribes by regu-
lation based on proceedings pursuant to section 553 of title 5, provided
that the proceedings include a hearing similar in nature to that author-
ized by section 553.
135
(2) CONSULTATION.—In formulating standards under this section,
the Secretary shall consult with the Advisory Committee created by
subsection (d) of this section.
(b) COMPLIANCE.—
(1) ACTIONS TO GAIN COMPLIANCE.—The Secretary may make in-
spections, hold hearings, issue orders, and make decisions based on
findings of fact as the Secretary considers necessary to gain compliance
with this section and any health and safety standard the Secretary pre-
scribes under subsection (a). For those purposes the Secretary and the
United States district courts have the authority and jurisdiction pro-
vided by sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39).
(2) REMEDY WHEN NONCOMPLIANCE FOUND.—When the Secretary,
after an opportunity for an adjudicatory hearing by the Secretary, es-
tablishes noncompliance under this section of any condition of a con-
tract described in—
(A) section 3701(b)(1)(B)(i) or (ii) of this title, the govern-
mental agency for which the contract work is done may cancel the
contract and make other contracts for the completion of the con-
tract work, charging any additional cost to the original contractor;
or
(B) section 3701(b)(1)(B)(iii) of this title, the governmental
agency which is providing the financial guarantee, assistance, or
insurance for the contract work may withhold the guarantee, as-
sistance, or insurance attributable to the performance of the con-
tract.
(3) NONAPPLICABILITY.—Section 3703 of this title does not apply
to the enforcement of this section.
(c) REPEATED VIOLATIONS.—
(1) TRANSMITTAL
OF
NAMES
OF
REPEAT
VIOLATORS
TO
COMP-
TROLLER GENERAL.—When the Secretary, after an opportunity for an
agency hearing, decides on the record that, by repeated willful or gross-
ly negligent violations of this chapter, a contractor or subcontractor has
demonstrated that subsection (b) is not effective to protect the safety
and health of the employees of the contractor or subcontractor, the
Secretary shall make a finding to that effect and, not sooner than 30
days after giving notice of the finding to all interested persons, shall
transmit the name of the contractor or subcontractor to the Comp-
troller General.
(2) BAN ON AWARDING CONTRACTS.—The Comptroller General shall
distribute each name transmitted under paragraph (1) to all agencies
of the Federal Government. Unless the Secretary otherwise rec-
136
ommends, the contractor, subcontractor, or any person in which the
contractor or subcontractor has a substantial interest may not be
awarded a contract subject to this section until three years have
elapsed from the date the name is transmitted to the Comptroller Gen-
eral. The Secretary shall terminate the ban if, before the end of the
three-year period, the Secretary, after affording interested persons due
notice and an opportunity for a hearing, is satisfied that a contractor
or subcontractor whose name was transmitted to the Comptroller Gen-
eral will comply responsibly with the requirements of this section. The
Comptroller General shall inform all Government agencies after being
informed of the Secretary’s action.
(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—
137
(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—
(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.
138
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.
§ 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
139
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
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.
140
(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.
(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;
141
(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
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
142
(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
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.
143
§ 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-
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.
144
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;
(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—
145
(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
(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)—
146
(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
Building shall be performed under the direction of the Marshal of the Su-
preme Court. The Marshal serves as the superintendent of the Building.
§ 6114. Oliver Wendell Holmes Garden
The Architect of the Capitol shall maintain and care for the Oliver Wen-
dell Holmes Garden in accordance with the provisions of law on the mainte-
nance and care of the grounds of the Supreme Court Building.
SUBCHAPTER III—POLICING AUTHORITY
§ 6121. General
(a) AUTHORITY OF MARSHAL OF THE SUPREME COURT AND SUPREME
COURT POLICE.—In accordance with regulations prescribed by the Marshal
of the Supreme Court and approved by the Chief Justice of the United
States, the Marshal and the Supreme Court Police shall have authority—
(1) to police the Supreme Court Building and grounds and adjacent
streets to protect individuals and property;
(2) in any State, to protect—
(A) the Chief Justice, any Associate Justice of the Supreme
Court, and any official guest of the Supreme Court; and
(B) any officer or employee of the Supreme Court while that of-
ficer or employee is performing official duties;
(3) while performing duties necessary to carry out paragraph (1) or
(2), to make arrests for any violation of federal or state law and any
regulation under federal or state law; and
(4) to carry firearms as may be required while performing duties
under section 6102 of this title, this subchapter, and subchapter IV.
(b) ADDITIONAL REQUIREMENTS RELATED TO SUBSECTION (a)(2).—
147
(1) AUTHORIZATION TO CARRY FIREARMS.—Duties under subsection
(a)(2)(A) with respect to an official guest of the Supreme Court in any
State (other than the District of Columbia, Maryland, and Virginia)
shall be authorized in writing by the Chief Justice or an Associate Jus-
tice, if those duties require the carrying of firearms under subsection
(a)(4).
(2) TERMINATION OF AUTHORITY.—The authority provided under
subsection (a)(2) expires on December 29, 2004.
§ 6122. Designation of members of the Supreme Court Police
Under the general supervision and direction of the Chief Justice of the
United States, the Marshal of the Supreme Court may designate employees
of the Supreme Court as members of the Supreme Court Police, without
additional compensation.
§ 6123. Authority of Metropolitan Police of the District of
Columbia
The Metropolitan Police of the District of Columbia may make arrests
within the Supreme Court Building and grounds for a violation of federal
or state law or any regulation under federal or state law. This section does
not authorize the Metropolitan Police to enter the Supreme Court Building
to make an arrest in response to a complaint, serve a warrant, or patrol
the Supreme Court Building or grounds, unless the Metropolitan Police
have been requested to do so by, or have received the consent of, the Mar-
shal of the Supreme Court or an assistant to the Marshal.
SUBCHAPTER IV—PROHIBITIONS AND PENALTIES
§ 6131. Public travel in Supreme Court grounds
Public travel in, and occupancy of, the Supreme Court grounds is re-
stricted to the sidewalks and other paved surfaces.
§ 6132. Sale of articles, signs, and solicitation in Supreme
Court Building and grounds
It is unlawful—
(1) to offer or expose any article for sale in the Supreme Court
Building or grounds;
(2) to display a sign, placard, or other form of advertisement in the
Building or grounds; or
(3) to solicit fares, alms, subscriptions, or contributions in the Build-
ing or grounds.
§ 6133. Property in the Supreme Court Building and
grounds
It is unlawful to step or climb on, remove, or in any way injure any stat-
ue, seat, wall, fountain, or other erection or architectural feature, or any
tree, shrub, plant, or turf, in the Supreme Court Building or grounds.
148
§ 6134. Firearms, fireworks, speeches, and objectionable lan-
guage in the Supreme Court Building and grounds
It is unlawful to discharge a firearm, firework or explosive, set fire to a
combustible, make a harangue or oration, or utter loud, threatening, or abu-
sive language in the Supreme Court Building or grounds.
§ 6135. Parades, assemblages, and display of flags in the Su-
preme Court Building and grounds
It is unlawful to parade, stand, or move in processions or assemblages
in the Supreme Court Building or grounds, or to display in the Building
and grounds a flag, banner, or device designed or adapted to bring into pub-
lic notice a party, organization, or movement.
§ 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.
149
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-
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
150
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
(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.
151
§ 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
(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
152
(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-
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.
153
(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.
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-
154
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.
(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.
155
(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.
(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.
156
(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
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
157
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.
(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.
158
(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—
(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.
159
§ 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;
(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
160
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.
(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.—
161
(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;
(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-
162
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
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
163
(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
Pennsylvania Avenue area is carried out in accordance with the Pennsyl-
vania Avenue Development Corporation Plan—1974.
SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT
§ 6711. Definition
In this subchapter, the term ‘‘development area’’ means the area to be
developed, maintained, and used in accordance with this subchapter and the
Pennsylvania Avenue Development Corporation Act of 1972 (Public Law
92–578, 86 Stat. 1266) and is the area bounded as follows:
Beginning at a point on the southwest corner of the intersection of
Fifteenth Street and E Street Northwest;
thence proceeding east along the southern side of E Street to the
southwest corner of the intersection of Thirteenth Street and Pennsyl-
vania Avenue Northwest;
thence southeast along the southern side of Pennsylvania Avenue to
a point being the southeast corner of the intersection of Pennsylvania
Avenue and Third Street Northwest;
thence north along the eastern side of Third Street to the northeast
corner of the intersection of C Street and Third Street Northwest;
thence west along the northern side of C Street to the northeast cor-
ner of the intersection of C Street and Sixth Street Northwest;
thence north along the eastern side of Sixth Street to the northeast
corner of the intersection of E Street and Sixth Street Northwest;
thence west along the northern side of E Street to the northeast cor-
ner of the intersection of E Street and Seventh Street Northwest;
thence north along the eastern side of Seventh Street to the north-
east corner of the intersection of Seventh Street and F Street North-
west;
thence west along the northern side of F Street to the northwest cor-
ner of the intersection of F Street and Ninth Street Northwest;
thence south along the western side of Ninth Street to the northwest
corner of the intersection of Ninth Street and E Street Northwest;
thence west along the northern side of E Street to the northeast cor-
ner of the intersection of E Street and Thirteenth Street Northwest;
164
thence north along the eastern side of Thirteenth Street to the
northeast corner of the intersection of F Street and Thirteenth Street
Northwest;
thence west along the northern side of F Street to the northwest cor-
ner of the intersection of F Street and Fifteenth Street Northwest;
thence north along the western side of Fifteenth Street to the north-
west corner of the intersection of Pennsylvania Avenue and Fifteenth
Street Northwest;
thence west along the southern side of Pennsylvania Avenue to the
southeast corner of the intersection of Pennsylvania Avenue and East
Executive Avenue Northwest;
thence south along the eastern side of East Executive Avenue to the
intersection of South Executive Place and E Street Northwest;
thence east along the southern side of E Street to the point of 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
165
(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-
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.
166
(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-
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
167
(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.
§ 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;
168
(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
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.
169
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.
SUBCHAPTER I—UNION STATION COMPLEX
§ 6901. Definition
In this subchapter, the term ‘‘Union Station complex’’ means real prop-
erty, air rights, and improvements the Secretary of the Interior leased under
sections 101–110 of the National Visitors Center Facilities Act of 1968
(Public Law 90–264, 82 Stat. 43) and property acquired and improvements
made in accordance with this subchapter.
§ 6902. Assignment of right, title, and interest in the Union
Station complex to the Secretary of Transpor-
tation
The Secretary of Transportation has the right, title, and interest in and
to the Union Station complex, including all agreements and leases made
under sections 101–110 of the National Visitors Center Facilities Act of
1968 (Public Law 90–264, 82 Stat. 43). To the extent the Secretary of
Transportation and the Secretary of the Interior agree, the Secretary of the
Interior may lease space for visitor services.
§ 6903. Agreements and contracts
The Secretary of Transportation may make agreements and contracts, ex-
cept an agreement or contract to sell property rights at the Union Station
complex, with a person, a federal, regional, or local agency, or the Architect
of the Capitol that the Secretary considers necessary or desirable to carry
out the purposes of this subchapter.
§ 6904. Acquisition, maintenance, and use of property
(a) ACQUISITION.—The Secretary of Transportation may acquire for the
Federal Government an interest in real property (including easements or
reservations) and any other property interest (including contract rights) in
or relating or adjacent to the Union Station complex that the Secretary con-
siders necessary to carry out the purposes of this subchapter.
(b) MAINTENANCE AND USE.—The Secretary may maintain, use, operate,
manage, and lease, either directly, by contract, or through development
agreements, any property interest the Secretary holds or acquires for the
Government under this subchapter in the manner and subject to the terms,
conditions, covenants, and easements that the Secretary considers necessary
or desirable to carry out the purposes of this subchapter.
170
§ 6905. Service on board of directors of Union Station Rede-
velopment Corporation
To further the rehabilitation, redevelopment, and operation of the Union
Station complex, the Secretary of Transportation and the Administrator of
the Federal Railroad Administration may serve as ex officio members of the
board of directors of the Union Station Redevelopment Corporation.
§ 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
171
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
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
172
(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
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.
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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.
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—