2023 District of Columbia Code › Title 1 - Government Organization › Chapter 2 - District of Columbia Home Rule › Subchapter VII - Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates › Part D - Miscellaneous › § 1–207.39. National Capital Service Area

§ 1–207.39. National Capital Service Area.
(a) There is established within the District of Columbia the National Capital Service Area which shall include, subject to the following provisions of this section, the principal federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and is more particularly described in subsection (e) of this section.
(b) There is established in the Executive Office of the President the National Capital Service Director who shall be appointed by the President. The President, through the National Capital Service Director, shall assure that there is provided, utilizing District of Columbia governmental services to the extent practicable, within the area specified in subsection (a) of this section and particularly described in subsection (e) of this section, adequate fire protection and sanitation services. Except with respect to that portion of the National Capital Service Area comprising the United States Capitol Buildings and Grounds as defined in §§ 10-503.11 and 10-503.26, the United States Supreme Court Building and Grounds as defined in § 11 of the Act of August 18, 1949, as amended (40 U.S.C. § 13p), and the Library of Congress Buildings and Grounds as defined in § 11 of the Act of August 4, 1950, as amended (2 U.S.C. § 167j), the National Capital Service Director shall assure that there is provided within the remainder of such area specified in subsection (a) and subsection (e), adequate police protection and maintenance of streets and highways.
(c) The National Capital Service Director shall be entitled to receive compensation at the maximum rate as may be established from time to time for level IV of the Executive Schedule of § 5314 of Title 5 of the United States Code. The Director may appoint, subject to the provisions of Title 5 of the United States Code governing appointments in the competitive service, and fix the pay of, in accordance with the provisions of Chapter 51 and subchapter III of Chapter 53 of such title relating to classification and General Schedule pay rates, such personnel as may be necessary.
(d) Omitted.
(e)(1) Within 1 year after January 2, 1975, the President is authorized and directed to submit to the Congress a report on the feasibility and advisability of combining the Executive Protective Service and the United States Park Police within the National Capital Service Area, and placing them under the National Capital Service Director.
(2) Such report shall include such recommendations, including recommendations for legislative and executive action, as the President deems necessary in carrying out the provisions of paragraph (1) of this subsection.
(f)(1)(A) The National Capital Service Area referred to in subsection (a) of this section is more particularly described as follows: Beginning at that point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to 18th Street Northwest; thence south on 18th Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to 17th Street Northwest; thence north on 17th Street Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue to Jackson Place Northwest; thence north on Jackson Place to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to 15th Street Northwest; thence south on 15th Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to 3rd Street Northwest; thence north on 3rd Street Northwest to D Street Northwest; thence east on D Street Northwest to 2nd Street Northwest; thence south on 2nd Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to 2nd Street Northeast; thence south on 2nd Street Northeast to D Street Northeast; thence west on D Street Northeast to 1st Street Northeast; thence south on 1st Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to 2nd Street Northeast; thence south on 2nd Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Canal Street Parkway; thence southeast on Canal Street Parkway to E Street Southeast; thence west on E Street Southeast to the intersection of Canal Street Southwest and South Capitol Street; thence northwest on Canal Street Southwest to 2nd Street Southwest; thence south on 2nd Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to 3rd Street Southwest; thence north on 3rd Street Southwest to C Street Southwest; thence west on C Street Southwest to 6th Street Southwest; thence north on 6th Street Southwest to Independence Avenue; thence west on Independence Avenue to 12th Street Southwest; thence south on 12th Street Southwest to D Street Southwest; thence west on D Street Southwest to 14th Street Southwest; thence south on 14th Street Southwest to the middle of the Washington Channel; thence generally south and east along the mid-channel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northern most point of the 11th Street Bridge; thence generally south and east along the northern side of the 11th Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning.
(B) Where the area in subparagraph (A) of this paragraph is bounded by any street, such street, and any sidewalk thereof, shall be included within such area.
(2) Any federal real property affronting or abutting, as of December 24, 1973, the area described in paragraph (1) of this subsection shall be deemed to be within such area.
(3) For the purposes of paragraph (2) of this subsection, federal real property affronting or abutting such area described in paragraph (1) of this subsection shall:
(A) Be deemed to include, but not limited to, Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and
(B) Not be construed to include any area situated outside of the District of Columbia boundary as it existed immediately prior to December 24, 1973, nor be construed to include any portion of the Anacostia Park situated east of the northern side of the 11th Street Bridge, or any portion of the Rock Creek Park.
(g)(1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized and directed to conduct a survey of the area described in this section in order to establish the proper metes and bounds of such area, and to file, in such manner and at such place as he may designate, a map and a legal description of such area, and such description and map shall have the same force and effect as if included in this chapter, except that corrections of clerical, typographical and other errors in any such legal descriptions and map may be made. In conducting such survey, the President shall make such adjustments as may be necessary in order to exclude from the National Capital Service Area any privately owned properties, and buildings and adjacent parking facilities owned by the District of Columbia government.
(2) In carrying out the provisions of paragraph (1) of this subsection, the President shall, to the extent that such survey, legal description, and map involves areas comprising the United States Capitol Buildings and Grounds as defined in §§ 10-503.11 and 10-503.26, and other buildings and grounds under the care of the Architect of the Capitol, consult with the Architect of the Capitol.
(h)(1) Except to the extent specifically provided by the provisions of this section, and amendments made by this section, nothing in this section shall be applicable to the United States Capitol Buildings and Grounds as defined in §§ 10-503.11 and 10-503.26, or to any other buildings and grounds under the care of the Architect of the Capitol, the United States Supreme Court Building and Grounds as defined in § 11 of the Act of August 18, 1949, as amended (40 U.S.C. § 13p), and the Library of Congress Buildings and Grounds as defined in § 11 of the Act of August 4, 1950, as amended (2 U.S.C. § 167j), and except to the extent herein specifically provided, including amendments made by this section, nothing in this section shall be construed to repeal, amend, alter, modify, or supersede any provision of §§ 10-503.11 to 10-503.19, 10-503.21 to 10-503.26, or any other of the general laws of the United States or any of the laws enacted by the Congress and applicable exclusively to the District of Columbia, or any rule or regulation promulgated pursuant thereto, in effect on the date immediately preceding January 2, 1975, pertaining to said buildings and grounds, or any existing authority, with respect to such buildings and grounds, vested by law, or otherwise, on such date immediately preceding January 2, 1975, in the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, or the Librarian of Congress.
(2) Notwithstanding the foregoing provision of this section, any of the services and facilities authorized by this chapter to be rendered or furnished (including maintenance of streets and highways, and services under § 1-207.31) shall, as far as practicable, be made available to the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch vested by law or otherwise on such date immediately preceding January 2, 1975, with authority over such buildings and grounds, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, and the Librarian of Congress, upon their request, and, if payment would be required for the rendition or furnishing of a similar service or facility to any other federal agency, payment therefor shall be made by the recipient thereof, upon presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the parties rendering and receiving such services).
(i) Except to the extent otherwise specifically provided in the provisions of this section, and amendments made by this section, all general laws of the United States and all laws enacted by the Congress and applicable exclusively to the District of Columbia, including regulations and rules promulgated pursuant thereto, in effect on the date immediately preceding January 2, 1975, and which, on such date immediately preceding January 2, 1975, are applicable to and within the areas included within the National Capital Service Area pursuant to this section shall, on and after January 2, 1975, continue to be applicable to and within such National Capital Service Area in the same manner and to the same extent as if this section had not been enacted, and shall remain so applicable until such time as they are repealed, amended, altered, modified, or superseded, and such laws, regulations and rules shall thereafter be applicable to and within such area in the manner and to the extent so provided by any such amendment, alteration, or modification.
(j) In no case shall any person be denied the right to vote or otherwise participate in any manner in any election in the District of Columbia solely because such person resides within the National Capital Service Area.
(Dec. 24, 1973, 81 Stat. 825, Pub. L. 93-198, title VII, § 739.)
Prior Codifications
1981 Ed., § 9-142.
1973 Ed., § 9-146.
References in Text
“Level IV of the Executive Schedule of § 5314 of Title 5, U.S.C.”, referred to in subsection (c), is Level III.
The “Executive Protective Service”, referred to in subsection (e) was changed to “United States Secret Service Uniformed Division” by the Act of November 15, 1977, 91 Stat. 1371, Pub. L. 95-179.
“ Section 1-1131 (§ 1-207.31, 2001 Ed.)”, referred to in subsection (h)(2), was repealed September 13, 1982, 96 Stat. 877, Pub. L. 97-258, § 5(b).
Editor's Notes
Delegation of functions: Executive Order No. 11815, October 23, 1974, 39 F.R. 37963, provided that the President of the United States, under § 739(g) of the District of Columbia Self-Government and Governmental Reorganization Act, could authorize and direct the Chairman of the National Capital Planning Commission to carry out all duties vested in the President by § 739(g) with respect to the establishment of the metes and bounds of the National Capital Service Area.
Definitions applicable: The definitions in § 1-201.03 apply to this section.