SUBTITLE II - US CODE - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

TITLE 40 - US CODE - CHAPTER 31 - GENERAL

TITLE 40 - US CODE - SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS

40 USC 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 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 officials, clerks, and employees that the Administrator believes should be furnished with offices or rooms in the buildings.

40 USC 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 Administration, regardless of whether it was previously named by statute.

40 USC 3103 - Admission of guide dogs or other service animals accompanying individuals with disabilities

(a) In General.— 
Guide dogs or other service animals accompanying individuals with disabilities and especially trained and educated for that purpose 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 building 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 individuals jurisdiction.

40 USC 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.

40 USC 3105 - Buildings not to be draped in mourning

No building owned, or used for public purposes, by the Federal Government shall be draped in mourning nor may public money be used for that purpose.

TITLE 40 - US CODE - SUBCHAPTER II - ACQUIRING LAND

40 USC 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 Attorney 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.— 

(1) In general.— 
The Attorney General may delegate the responsibility under this section to other departments and agencies of the Government, 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 General to render an opinion as to the validity of the title to any real property 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 expenses of procuring certificates of titles or other evidences of title as the Attorney General may require may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department or agency 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.

40 USC 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 establishment, 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 Government 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 provided in this section.

40 USC 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 the real estate for the Government by condemnation, under judicial process, when the officer believes that it is necessary or advantageous to the Government 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.

40 USC 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 annexed 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 depositing 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 determined 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 compensation 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 parties in possession shall be required to surrender possession to the petitioner; 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.

40 USC 3115 - Irrevocable commitment of Federal Government to pay ultimate award when fixed

(a) Requirement for Irrevocable Commitment.— 
Action under section 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 empowered 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 Government 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 Government may expend amounts appropriated for that purpose to demolish existing structures on the property and to erect public buildings or public works on the property.

40 USC 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 calculated 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 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 beginning of each additional year.
(b) Distribution of Notice of Rates.— 
The Director of the Administrative Office of the United States Courts shall distribute to all federal courts notice of the rates described in paragraphs (1) and (2) of subsection (a).

40 USC 3117 - Exclusion of certain property by stipulation of Attorney 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 property, taken by or on behalf of the Government by a declaration of taking or otherwise.

40 USC 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 addition 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.

TITLE 40 - US CODE - SUBCHAPTER III - BONDS

40 USC 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).
(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 contract is awarded:
(1) Performance bond.— 
A performance bond with a surety satisfactory to the officer awarding the contract, and in an amount the officer 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 material 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 awarding 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 section specifically shall provide coverage for taxes the Government imposes which are collected, deducted, or withheld from wages the contractor 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 period, 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 Countries.— 
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 contractor 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 or other security in addition to those, or in cases other than the cases, specified in subsection (b).

40 USC 3132 - Alternatives to payment bonds provided by Federal Acquisition Regulation

(a) In General.— 
The Federal Acquisition Regulation shall provide alternatives 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 officer 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 submit 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.

40 USC 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 contract 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 department 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 implied, with the contractor furnishing the payment bond may bring a civil action on the payment bond on giving written notice to the contractor within 90 days from the date on which the person did or performed 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 substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. 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 contractors 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) Waiver of Right to Civil Action.— 
A waiver of the right to bring a civil action on a payment bond required 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.

40 USC 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 building or public work of the Federal Government and with respect to contracts for manufacturing, producing, furnishing, constructing, altering, repairing, 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 repair of vessels when the contract is made under sections 1535 and 1536 of title 31, subtitle V of title 46, 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.

TITLE 40 - US CODE - SUBCHAPTER IV - WAGE RATE REQUIREMENTS

40 USC 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 occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying 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 contractor 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 laborers 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 affected.

40 USC 3142 - Rate of wages for laborers and mechanics

(a) Application.— 
The advertised specifications for every contract in excess of $2,000, to which the Federal Government or the District of Columbia 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 corresponding 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 laborers 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 mechanics;
(2) the contractor will post the scale of wages to be paid in a prominent 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 laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by 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 subcontractor to make payment in accordance with the prevailing wage determinations 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 than the basic hourly rate of pay plus the amount referred to in section 3141 (2)(B) of this title.
(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 laborer or mechanic exceeds the applicable prevailing wage, the regular or basic hourly rate of pay (or other alternative rate) is the amount of payments, 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) of this title but not actually paid.

40 USC 3143 - Termination of work on failure to pay agreed wages

Every contract within the scope of this subchapter shall contain a provision that if the contracting officer finds that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid, the Federal Government by written notice to the contractor may terminate the contractors 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 contractors sureties shall be liable to the Government for any excess costs the Government incurs.

40 USC 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 laborers 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 subchapter, the laborers and mechanics have the same right to bring a civil action and intervene against the contractor and the contractors sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics 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 obligations 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.

40 USC 3145 - Regulations governing contractors and subcontractors

(a) In General.— 
The Secretary of Labor shall prescribe reasonable regulations for contractors and subcontractors engaged in constructing, carrying out, completing, or repairing public buildings, public works, or buildings 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.

40 USC 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.

40 USC 3147 - Suspension of this subchapter during a national emergency

The President may suspend the provisions of this subchapter during a national emergency.

40 USC 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 proposals, if this subchapter otherwise would apply to the contract.

TITLE 40 - US CODE - SUBCHAPTER V - VOLUNTEER SERVICES

40 USC 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 governments, public agencies, or nonprofit">nonprofit charitable organizations in the construction, repair, or alteration (including painting and decorating) of public buildings and public works that at least partly are financed with federal financial assistance authorized under certain federal programs and that otherwise might not be possible without the use of volunteers.

40 USC 3162 - Waiver for individuals who perform volunteer services

(a) Criteria for Receiving Waiver.— 
The requirement that certain laborers and mechanics be paid in accordance with the wage-setting provisions of subchapter IV of this chapter as set forth in the Indian Self-Determination 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">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 benefit 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 contractor or subcontractor at any time on the federally assisted or insured project for which the individual is volunteering; and
(4) who otherwise is not employed by the same public agency or recipient 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, reasonable 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">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 the context of the economic realities. The regulations shall include provisions 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 volunteer in a group insurance plan (such as a liability, health, life, disability, or workers 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 compensation 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 permit 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.

TITLE 40 - US CODE - SUBCHAPTER VI - MISCELLANEOUS

40 USC 3171 - Contract authority when appropriation is for less than full amount

Unless specifically directed otherwise, the Administrator of General Services 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 public buildings, or for the erection, remodeling, extension, alteration, and repairs of public buildings, even though an appropriation is made for only part of the amount necessary to carry out legislation authorizing that purpose.

40 USC 3172 - Extension of state workers compensation laws to buildings, works, and property of the Federal Government

(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 Government 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 were under the exclusive jurisdiction of the State in which the land, premises, projects, buildings, constructions, improvements, or property are located.
(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 subchapter I of chapter 81 of title 5.

40 USC 3173 - Working capital fund for blueprinting, photostating, and duplicating services in General Services Administration

(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 Administrator on the basis of estimated or actual charges for personal services, material, equipment (including maintenance, repair, and depreciation on existing and new equipment) and other expenses, to ensure continuous 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.

40 USC 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.

40 USC 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 Government unconditional gifts of property in aid of any project or function within their respective jurisdictions.

40 USC 3176 - Administrator of General Services to furnish services in continental United States to international bodies

Sections 1535 and 1536 of title 31 are extended so that the Administrator 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.

40 USC 3177 - Use of photovoltaic energy in public buildings

(a) Photovoltaic Energy Commercialization Program.— 

(1) In general.— 
The Administrator of General Services may establish a photovoltaic energy commercialization program for the procurement and installation of photovoltaic solar electric systems for electric production in new and existing public buildings.
(2) Purposes.— 
The purposes of the program shall be to accomplish the following:
(A) To accelerate the growth of a commercially viable photovoltaic industry to make this energy system available to the general public as an option which can reduce the national consumption of fossil fuel.
(B) To reduce the fossil fuel consumption and costs of the Federal Government.
(C) To attain the goal of installing solar energy systems in 20,000 Federal buildings by 2010, as contained in the Federal Governments Million Solar Roof Initiative of 1997.
(D) To stimulate the general use within the Federal Government of life-cycle costing and innovative procurement methods.
(E) To develop program performance data to support policy decisions on future incentive programs with respect to energy.
(3) Acquisition of photovoltaic solar electric systems.— 

(A) In general.— 
The program shall provide for the acquisition of photovoltaic solar electric systems and associated storage capability for use in public buildings.
(B) Acquisition levels.— 
The acquisition of photovoltaic electric systems shall be at a level substantial enough to allow use of low-cost production techniques with at least 150 megawatts (peak) cumulative acquired during the 5 years of the program.
(4) Administration.— 
The Administrator shall administer the program and shall
(A) issue such rules and regulations as may be appropriate to monitor and assess the performance and operation of photovoltaic solar electric systems installed pursuant to this subsection;
(B) develop innovative procurement strategies for the acquisition of such systems; and
(C) transmit to Congress an annual report on the results of the program.
(b) Photovoltaic Systems Evaluation Program.— 

(1) In general.— 
Not later than 60 days after the date of enactment of this section, the Administrator shall establish a photovoltaic solar energy systems evaluation program to evaluate such photovoltaic solar energy systems as are required in public buildings.
(2) Program requirement.— 
In evaluating photovoltaic solar energy systems under the program, the Administrator shall ensure that such systems reflect the most advanced technology.
(c) Authorization of Appropriations.— 

(1) Photovoltaic energy commercialization program.— 
There are authorized to be appropriated to carry out subsection (a) $50,000,000 for each of fiscal years 2006 through 2010. Such sums shall remain available until expended.
(2) Photovoltaic systems evaluation program.— 
There are authorized to be appropriated to carry out subsection (b) $10,000,000 for each of fiscal years 2006 through 2010. Such sums shall remain available until expended.

TITLE 40 - US CODE - CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION

40 USC 3301 - Definitions and nonapplication

(a) Definitions.— 
In this chapter
(1) Alter.— 
The term alter includes
(A) preliminary planning, engineering, architectural, legal, fiscal, 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 planning, engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other similar actions necessary for the construction of a public building.
(3) Executive agency.— 
The term executive agency means an executive department or independent establishment in the executive branch of the Federal Government, including
(A) any wholly owned Government corporation;
(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 executive 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 occupancy, 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 corporations;
(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 inclusion 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 countries;
(iii) that is on Indian and native Eskimo property held in trust by the Government;
(iv) that is on land used in connection with federal programs for agricultural, recreational, and conservation purposes, 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 production, research, or development projects;
(vi) that is on or used in connection with housing and residential 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 Nationality Act (8 U.S.C. 1231 (g)) or section 1 of the Act of June 26, 1930 (19 U.S.C. 68) applies.

40 USC 3302 - Prohibition on construction of buildings except by Administrator of General Services

Only the Administrator of General Services may construct a public building. The Administrator shall construct a public building in accordance with this chapter.

40 USC 3303 - Continuing investigation and survey of public buildings

(a) Conducted by Administrator.— 
The Administrator of General Services shall
(1) make a continuing investigation and survey of the public buildings 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 accordance 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
(A) shall cooperate with all federal agencies in order to keep informed 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 cooperate 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 Historical, Architectural, or Cultural Significance.— 
When the Administrator 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 developing plans for new buildings, the Administrator shall give due consideration to excellence of architecture and design.

40 USC 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, by purchase, condemnation, donation, exchange, or otherwise, land or an interest in land the Administrator 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 Administrator shall act jointly with the United States Postal Service in selecting the 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 necessary, 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 advantageous to the Government, all factors considered; and
(2) acquire the site without regard to title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).

40 USC 3305 - Construction and alteration of buildings

(a) Construction.— 

(1) Replacement of existing buildings.— 
When the Administrator 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 Property 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 suitable for that purpose, the Administrator may exchange the site for another 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
(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 authorized by this subsection for which the estimated maximum cost does not exceed $1,500,000.
(B) Dollar amount adjustment.— 
The Administrator annually 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 Representatives.
(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.

40 USC 3306 - Accommodating federal agencies

(a) Definitions.— 
In this section
(1) Commercial activities.— 
The term commercial activities includes 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, laboratories, 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 established 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.
(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 Administrator 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 accomplish 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, architectural, 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 pedestrian 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 commercial, cultural, educational, and recreational resources in the neighborhood of public buildings; and
(4) encourage the public use of public buildings for cultural, educational, 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 agencies 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.

40 USC 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:
(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 urgency 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 subsection (a), the Administrator of General Services shall transmit to Congress 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 constructed, altered, or acquired, or the space to be leased;
(3) a comprehensive plan for providing space for all Government officers 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, especially those buildings that enhance the architectural, historical, social, cultural, and economic environment of the locality;
(4) with respect to any project for the construction, alteration, or acquisition of any building, a statement by the Administrator that suitable 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 justifications 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;
(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; and
(7) with respect to any prospectus for the construction, alteration, or acquisition of any building or space to be leased, an estimate of the future energy performance of the building or space and a specific description of the use of energy efficient and renewable energy systems, including photovoltaic systems, in carrying out the project.
(c) Increase of Estimated Maximum Cost.— 
The estimated maximum cost of any project approved under this section as set forth in any prospectus may be increased by an amount equal to any percentage increase, 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 Public Works of the Senate or the Committee on Transportation and Infrastructure 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) Minimum Performance Requirements for Leased Space.— 
With respect to space to be leased, the Administrator shall include, to the maximum extent practicable, minimum performance requirements requiring energy efficiency and the use of renewable energy.
(g) Limitation on Leasing Certain Space.— 

(1) In general.— 
The Administrator may not lease space to accommodate 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.
(h) 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 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 Representatives.

40 USC 3308 - Architectural or engineering services

(a) Employment by Administrator.— 
When the Administrator of General 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 architectural or engineering corporations, firms, or individuals, to the extent the Administrator may require those services for any public building authorized to be constructed or altered under this chapter.
(b) Employment on Permanent Basis Not Permitted.— 
A corporation, 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 construction authorized by this chapter, including the interpretation of construction contracts, approval of material and workmanship supplied under a construction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final settlement of the contract.

40 USC 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 LEnfant. 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 become part of the site.
(c) Consultations Prior to Acquisitions.— 

(1) With house office building commission.— 
The Administrator must consult with the House Office Building Commission created by the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), before the Administrator may acquire land located south of Independence Avenue, between Third Street SW and Eleventh Street SE, in the District of Columbia, for use as a site or an addition to a site.
(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 85300, 71 Stat. 619) or any other provision of law, the Armory Board may make contracts to conduct events in Robert F. Kennedy Stadium.

40 USC 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 detailed 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 Property and Administrative Services Act of 1949 (41 U.S.C. 253);
(3) shall include in the solicitation for any lease requiring a prospectus under section 3307 an evaluation factor considering the extent to which the offeror will promote energy efficiency and the use of renewable energy;
(4) shall inspect every building during construction to establish that the specifications established for the building are complied with;
(5) on completion of the building, shall evaluate the building to determine the extent of failure to comply with the specifications referred to in clause (1); and
(6) 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.

40 USC 3311 - State administration of criminal and health and safety 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 administer 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 section may be accomplished by filing with the chief executive officer of the State, territory, or possession a notice of assignment to take effect on acceptance, 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.

40 USC 3312 - Compliance with nationally recognized codes

(a) Application.— 

(1) In general.— 
This section applies to any project for construction or alteration of a building for which amounts are first appropriated 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 decides 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 General Services Administration or any other federal agency shall be constructed 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 nationally 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 Administration 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, historic 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 construct or alter the building
(A) in preparing plans for the building, shall consult with appropriate officials of the State or political subdivision of a State, or both, in which the building will be located;
(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 building is begun; and
(ii) reasonable notice of their intention to conduct any inspection before conducting the inspection.
(2) Limitation on responsibilities.— 
This section does not impose an obligation on any State or political subdivision to take any action under paragraph (1).
(e) State and Local Government Recommendations.— 
Appropriate officials of a State or political subdivision of a State may make recommendations to the Administrator or the head of the federal agency authorized 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 Administrator or the head of the agency shall give due consideration to the recommendations.
(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.

40 USC 3313 - Use of energy efficient lighting fixtures and bulbs

(a) Construction, Alteration, and Acquisition of Public Buildings.— 
Each public building constructed, altered, or acquired by the Administrator of General Services shall be equipped, to the maximum extent feasible as determined by the Administrator, with lighting fixtures and bulbs that are energy efficient.
(b) Maintenance of Public Buildings.— 
Each lighting fixture or bulb that is replaced by the Administrator in the normal course of maintenance of public buildings shall be replaced, to the maximum extent feasible, with a lighting fixture or bulb that is energy efficient.
(c) Considerations.— 
In making a determination under this section concerning the feasibility of installing a lighting fixture or bulb that is energy efficient, the Administrator shall consider
(1) the life-cycle cost effectiveness of the fixture or bulb;
(2) the compatibility of the fixture or bulb with existing equipment;
(3) whether use of the fixture or bulb could result in interference with productivity;
(4) the aesthetics relating to use of the fixture or bulb; and
(5) such other factors as the Administrator determines appropriate.
(d) Energy Star.— 
A lighting fixture or bulb shall be treated as being energy efficient for purposes of this section if
(1) the fixture or bulb is certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a);
(2) in the case of all light-emitting diode (LED) luminaires, lamps, and systems whose efficacy (lumens per watt) and Color Rendering Index (CRI) meet the Department of Energy requirements for minimum luminaire efficacy and CRI for the Energy Star certification, as verified by an independent third-party testing laboratory that the Administrator and the Secretary of Energy determine conducts its tests according to the procedures and recommendations of the Illuminating Engineering Society of North America, even if the luminaires, lamps, and systems have not received such certification; or
(3) the Administrator and the Secretary of Energy have otherwise determined that the fixture or bulb is energy efficient.
(e) Additional Energy Efficient Lighting Designations.— 
The Administrator of the Environmental Protection Agency and the Secretary of Energy shall give priority to establishing Energy Star performance criteria or Federal Energy Management Program designations for additional lighting product categories that are appropriate for use in public buildings.
(f) Guidelines.— 
The Administrator shall develop guidelines for the use of energy efficient lighting technologies that contain mercury in child care centers in public buildings.
(g) Applicability of Buy American Act.— 
Acquisitions carried out pursuant to this section shall be subject to the requirements of the Buy American Act (41 U.S.C. 10c1 et seq.).
(h) Effective Date.— 
The requirements of subsections (a) and (b) shall take effect 1 year after the date of enactment of this subsection.
[1] So in original. See References in Text note below.

40 USC 3314 - Delegation

(a) When Allowed.— 
The carrying out of the duties and powers of the Administrator of General Services under this chapter, in accordance with standards the Administrator prescribes
(1) shall, except for the authority contained in section 3305 (b) of this title, be delegated on request to the appropriate executive agency when the estimated cost of the project does not exceed $100,000; and
(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.— 
Delegation under subsection (a) does not exempt the person to whom the delegation is made, or the carrying out of the delegated duty or power, from any other provision of this chapter.

40 USC 3315 - 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 submit 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 Administrator and the United States Postal Service shall make building project surveys requested by resolution by the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure 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.

40 USC 3316 - Certain authority not affected

This chapter does not limit or repeal the authority conferred by law on the United States Postal Service.

TITLE 40 - US CODE - CHAPTER 35 - NON-FEDERAL PUBLIC WORKS

40 USC 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 Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and any territory or possession of the United States.

40 USC 3502 - Planned public works

(a) Advances To Ensure Planning.— 
Notwithstanding section 3324 (a) and (b) of title 31, the Secretary of Housing and Urban Development 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 construction of which can rapidly be commenced, particularly when the national 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 studies, engineering and architectural surveys, designs, plans, working drawings, specifications, or other action preliminary to and in preparation for the construction of public works, and for construction in connection with the development of a medical center, a general plan for the development of the center.
(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. Outstanding 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, metropolitan, or other areawide project) unless
(1) the project is planned to be constructed within or over a reasonable 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.

40 USC 3503 - Revolving fund

(a) Establishment.— 
There is a revolving fund established by the Secretary of Housing and Urban Development to provide amounts for advances 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.

40 USC 3504 - Surveys of public works planning

The Secretary of Housing and Urban Development may use during a fiscal year not more than $100,000 of the amount in the revolving fund established 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 estimated requirements for state and local public works. In conducting a survey, the Secretary, may use or act through any department or agency of the Federal Government, with the consent of the department or agency.

40 USC 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 Secretary 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 promise to repay the advance were canceled.

TITLE 40 - US CODE - CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS

40 USC 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 87581, 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 Government, a territory of the United States, or the District of Columbia; and
(B) any other contract that may require or involve the employment of laborers or mechanics if the contract is one
(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 Columbia; 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 laborers 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 services in connection with dredging or rock excavation in any river or harbor of the United States, a territory, or the District of Columbia; 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 3702.— 
Section 3702 of this title does not apply to work where the assistance described in paragraph (1)(B)(iii) from the Government or an agency or instrumentality is only a loan guarantee or insurance.

40 USC 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 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 contract 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 subcontractor responsible for the violation are liable
(A) to the affected employee for the employees 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 calendar day on which the individual was required or permitted to work in excess of the standard workweek without payment of the overtime wages required 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 contractor or subcontractor, amounts administratively determined to be necessary to satisfy the liabilities of the contractor or subcontractor for unpaid wages and liquidated damages as provided in this section.

40 USC 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 performance of the work, together with the name of each laborer or mechanic who 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 liquidated damages owing under this chapter shall be determined administratively.
(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 administratively determined to be due directly to the laborers and mechanics from amounts withheld on account of underpayments of wages if the amount withheld is adequate. If the amount withheld is not adequate, 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 contract are insufficient to reimburse all the laborers and mechanics who have not been paid the wages required under this chapter, the laborers and mechanics, in the case of a department or agency of the Government, have the same right of action and intervention against the contractor and the contractors sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics 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 aggrieved 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 damages. The agency head or Mayor may issue a final order affirming the determination or may recommend to the Secretary of Labor that an appropriate adjustment in liquidated damages be made, or that the contractor or subcontractor be relieved of liability for the liquidated damages, 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 pertinent facts in the matter and may conduct any investigation the Secretary considers necessary in order to affirm or reject the recommendation. 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.

40 USC 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 Reorganization 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 contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings 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 regulation based on proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section 553 of title 5.
(2) Consultation.— 
In formulating standards under this section, the Secretary shall consult with the Advisory Committee created by subsection (d).
(b) Compliance.— 

(1) Actions to gain compliance.— 
The Secretary may make inspections, 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 prescribes under subsection (a). For those purposes the Secretary and the United States district courts have the authority and jurisdiction provided 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, establishes noncompliance under this section of any condition of a contract described in
(A) section 3701 (b)(1)(B)(i) or (ii) of this title, the governmental agency for which the contract work is done may cancel the contract and make other contracts for the completion of the contract 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, assistance, or insurance attributable to the performance of the contract.
(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 comptroller general.— 
When the Secretary, after an opportunity for an agency hearing, decides on the record that, by repeated willful or grossly 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 Comptroller 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 recommends, 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 General. 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 General will comply responsibly with the requirements of this section. The Comptroller General shall inform all Government agencies after being informed of the Secretarys action.
(3) Judicial review.— 
A person aggrieved by the Secretarys action under this subsection or subsection (b) may file with the appropriate United States court of appeals a petition for review of the Secretarys action within 60 days after receiving notice of the Secretarys 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 Construction 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 contractors to whom this section applies.
(B) Three members shall be individuals representative of employees 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 competence and experience in the construction health and safety field.
(3) Chairman.— 
The Secretary shall appoint one member as Chairman.
(4) Duties.— 
The Committee shall advise the Secretary
(A) in formulating construction safety and health standards and other regulations; and
(B) on policy matters arising in carrying out this section.
(5) Experts and consultants.— 
The Secretary may appoint special 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 entitled 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.

40 USC 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.

40 USC 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.

40 USC 3707 - Contractor certification or contract clause in acquisition 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 certification by a contractor or a contract clause may not be required to implement a prohibition or requirement in this chapter.

40 USC 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

TITLE 40 - US CODE - CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

40 USC 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 buildings on the real property described under section 5102 (c) (including the Administrative Building of the United States Botanic Garden), all subways and enclosed passages connecting two or more of those structures, and the real property underlying and enclosed by any of those structures.

40 USC 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 defined on a map entitled Map showing areas comprising United States Capitol Grounds, dated June 25, 1946, approved by the Architect of the Capitol, and recorded in the Office of the Surveyor of the District of Columbia in book 127, page 8, including all additions added 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 improvement 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 responsible 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 Northeast to Third Street Northwest, First Street from D Street Northeast to D Street Southeast, D Street from First Street Southeast to Washington Avenue Southwest, and First Street from the north side of Louisiana Avenue to the intersection of C Street and Washington Avenue Southwest, Pennsylvania Avenue Northwest from First Street Northwest to Third Street Northwest, Maryland Avenue Southwest from First Street Southwest to Third Street Southwest, Second Street Northeast from F Street Northeast to C Street Southeast; C Street Southeast from Second Street Southeast to First Street Southeast; that portion of Maryland Avenue Northeast from Second Street Northeast to First Street Northeast; that portion of New Jersey Avenue Northwest from D Street Northwest to Louisiana Avenue; that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; that portion of 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.
(c) National Garden of the United States Botanic Garden.— 

(1) In general.— 
Except as provided under paragraph (2), the United States Capitol Grounds shall include
(A) the National Garden of the United States Botanic Garden;
(B) all grounds contiguous to the Administrative Building of the United States Botanic Garden, including Bartholdi Park; and
(C) all grounds bounded by the curblines of First Street, Southwest on the east; Washington Avenue, Southwest to its intersection with Independence Avenue, and Independence Avenue from such intersection to its intersection with Third Street, Southwest on the south; Third Street, Southwest on the west; and Maryland Avenue, Southwest on the north.
(2) Maintenance and improvements.— 
Notwithstanding subsections (a) and (b), jurisdiction and control over the buildings on the grounds described in paragraph (1) shall be retained by the Joint Committee on the Library, and the Joint Committee on the Library shall continue to be solely responsible for the maintenance and improvement of the grounds described in such paragraph.
(3) Authority not limited.— 
Nothing in this subsection shall limit the authority of the Architect of the Capitol under section 307E of the Legislative Branch Appropriations Act, 1989 (40 U.S.C. 216c).[1]
(d) Library of Congress Buildings and Grounds.— 

(1) In general.— 
Except as provided under paragraph (2), the United States Capitol Grounds shall include the Library of Congress grounds described under section 11 of the Act entitled An Act relating to the policing of the buildings[2] of the Library of Congress, approved August 4, 1950 (2 U.S.C. 167j).
(2) Authority of librarian of congress.— 
Notwithstanding subsections (a) and (b), the Librarian of Congress shall retain authority over the Library of Congress buildings and grounds in accordance with section 1 of the Act of June 29, 1922 (2 U.S.C. 141; 42 Stat. 715).
[1] See References in Text note below.
[2] So in original. Probably should be followed by “and grounds”.

40 USC 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.

40 USC 5104 - Unlawful activities

(a) Definitions.— 
In this section
(1) Act of physical violence.— 
The term act of physical violence 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 stiletto, and a knife having a blade over three inches in length.
(3) Explosives.— 
The term explosives has the meaning given that term in section 841 (d) of title 18.
(4) Firearm.— 
The term firearm has the meaning given that term in section 921 (3)1 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 Constitution 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 person 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, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, in 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 Capitol Police Board
(i) may not carry on or have readily accessible to any individual on the Grounds or in any of the Capitol Buildings a firearm, a dangerous weapon, explosives, or an incendiary device;
(ii) may not discharge a firearm or explosives, use a dangerous 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 Rayburn Room of the House of Representatives, or in the Marble Room of the Senate, unless authorized to do so pursuant to rules adopted, or an authorization given, by that House;
(B) enter or remain in the gallery of either House of Congress in violation of rules governing admission to the gallery adopted by that House or pursuant to an authorization given by that House;
(C) with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or designated for the use of either House of Congress 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 Buildings.
(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 Congress; 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 provided 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.
[1] So in original. Probably should be “921(a)(3)”.

40 USC 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 individuals power, a violation of a provision of this chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), and shall aid the police in securing the arrest and conviction of the individual violating the provision.

40 USC 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 cognizance 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).

40 USC 5107 - Concerts on grounds

Sections 5102, 5103, 5104 (b)(f), 5105, 5106, 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.

40 USC 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 Buildings 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 Comptroller General shall conduct the audit and report the results of the audit to the Senate and the House of Representatives.

40 USC 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 supersede any provision of federal law or the laws of the District of Columbia. 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 constitutes 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 violating.

PART C - FEDERAL BUILDING COMPLEXES

TITLE 40 - US CODE - CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS

TITLE 40 - US CODE - SUBCHAPTER I - GENERAL

40 USC 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 subchapters 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 Maryland 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 Supreme 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 and that parcel transferred under the Supreme Court Grounds Transfer Act of 2005.

40 USC 6102 - Regulations

(a) Authority of the Marshal.— 
In addition to the restrictions and requirements specified in subchapter IV, the Marshal of the Supreme Court may prescribe regulations, approved by the Chief Justice of the United States, that are necessary for
(1) the adequate protection of the Supreme Court Building and grounds and of individuals and property in the Building and grounds; and
(2) the maintenance of suitable order and decorum within the Building and grounds.
(b) Posting Requirement.— 
All regulations prescribed under this section shall be posted in a public place at the Building and shall be made reasonably available to the public in writing.

TITLE 40 - US CODE - SUBCHAPTER II - BUILDINGS AND GROUNDS

40 USC 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 necessary 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 available for
(A) expenses of heating and air-conditioning refrigeration supplied by the Capitol Power Plant, advancements for which shall be made and deposited in the Treasury to the credit of appropriations 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 without regard to chapter 51, subchapter III of chapter 53, and subchapter III of chapter 83, of title 5); and
(D) without compliance with section 3709 of the Revised Statutes (41 U.S.C. 5)
(i) for snow removal (by hire of personnel and equipment or under contract); and
(ii) for the replacement of electrical transformers containing polychlorinated biphenyls.

40 USC 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.

40 USC 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 Supreme Court. The Marshal serves as the superintendent of the Building.

40 USC 6114 - Oliver Wendell Holmes Garden

The Architect of the Capitol shall maintain and care for the Oliver Wendell Holmes Garden in accordance with the provisions of law on the maintenance and care of the grounds of the Supreme Court Building.

TITLE 40 - US CODE - SUBCHAPTER III - POLICING AUTHORITY

40 USC 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 officer 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).
(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 Justice, 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, 2008.

40 USC 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.

40 USC 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 Marshal of the Supreme Court or an assistant to the Marshal.

TITLE 40 - US CODE - SUBCHAPTER IV - PROHIBITIONS AND PENALTIES

40 USC 6131 - Public travel in Supreme Court grounds

Public travel in, and occupancy of, the Supreme Court grounds is restricted to the sidewalks and other paved surfaces.

40 USC 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 Building or grounds.

40 USC 6133 - Property in the Supreme Court Building and grounds

It is unlawful to step or climb on, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, in the Supreme Court Building or grounds.

40 USC 6134 - Firearms, fireworks, speeches, and objectionable language 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 abusive language in the Supreme Court Building or grounds.

40 USC 6135 - Parades, assemblages, and display of flags in the Supreme 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 public notice a party, organization, or movement.

40 USC 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 individuals and property in the Building and grounds.

40 USC 6137 - Penalties

(a) In General.— 
An individual who violates this subchapter, or a regulation 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 United States District Court for the District of Columbia or 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.

TITLE 40 - US CODE - CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

40 USC 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 Building, the Freer Gallery of Art, the National Air and Space Museum, the National Museum of Natural History, the National Museum 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, unloading 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 Zoological Park in the District of Columbia and including the public space between that fence and the face of the curb lines of the adjacent 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 necessary 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 Avenue Northwest, between Seventh Street Northwest, and Fourth Street Northwest, to the line of the face of the west curb of Fourth Street Northwest, between Constitution Avenue Northwest, and Madison Drive Northwest; to the line of the face of the north curb of Madison Drive Northwest, between Fourth Street Northwest, and Seventh Street Northwest; and to the line of the face of the east curb of Seventh Street Northwest, between Madison Drive Northwest, and Constitution Avenue Northwest;
(B) to the line of the face of the south curb of Pennsylvania Avenue Northwest, between Fourth Street and Third Street Northwest, to the line of the face of the west curb of Third Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest, to the line of the face of the north curb of Madison Drive Northwest, between Third Street and Fourth Street Northwest, and to the line of the face of the east curb of Fourth Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest; and
(C) to the line of the face of the south curb of Constitution Avenue Northwest, between Ninth Street Northwest and Seventh Street Northwest; to the line of the face of the west curb of Seventh 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 Northwest 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 Parkway 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, numbered 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 National Capital Region, National Park Service.

40 USC 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.

40 USC 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 specified 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, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, within the specified buildings or grounds.

40 USC 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 regulations 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 specified buildings and grounds, including the control of traffic and parking of vehicles in the National Zoological Park and all other areas in the District of Columbia under their control.
(b) Publication in Federal Register.— 
A regulation prescribed under this section shall be published in the Federal Register and is not effective until the expiration of 10 days after the date of publication.

40 USC 6305 - Suspension of regulations

To allow authorized services, training programs, and ceremonies in the specified buildings and grounds, 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 (or their designees) may suspend for their respective agencies any of the prohibitions contained in sections 6302 and 6303 of this title as may be necessary for the occasion or circumstance if
(1) responsible officers have been appointed; and
(2) the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, and the Trustees of the John F. Kennedy Center for the Performing Arts (or their designees) determine that adequate 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.

40 USC 6306 - Policing of buildings and grounds

(a) Designation of Employees as Special Police.— 
Subject to section 5375 of title 5, 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 (or their designees) may designate employees of their respective agencies as special police, without additional compensation, for duty in connection with the policing of their respective specified buildings and grounds.
(b) Powers.— 
The employees designated as special police under subsection (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 buildings 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 performance of their duties, including badges, revolvers, and ammunition.

40 USC 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 information by the United States Attorney or an Assistant United States Attorney.
(b) Offenses Involving Property Damage Over $100.
(1) Penalty.— 
If in the commission of a violation described in subsection (a), property is damaged in an amount exceeding $100, the period 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.

TITLE 40 - US CODE - CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

40 USC 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 justice of the Supreme Court shall be deemed to be the Chief Justice for purposes of this chapter until the vacancy is filled.

40 USC 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 constructed 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 payment 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 Columbia 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 Government 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 architectural design of the Building are subject to the approval of the Chief Justice.
(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 construction of a federal building.
(g) Accounting System.— 
The Architect shall maintain an accounting system for operation and maintenance of the Building and other improvements 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 improvements.
(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 Congress.
(2) Taxes.— 
The Building and other improvements constructed under this chapter are not subject to any law of the District of Columbia relating to real estate and personal property taxes, special assessments, or other taxes, including any such law enacted by Congress.

40 USC 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 justices of the Supreme Court and other judges of the United States.
(2) The members of the House Office Building Commission.
(3) The majority leader and minority leader of the Senate.
(4) The Chairman and the ranking minority member of the Senate Committee on Rules and Administration.
(5) The Chairman and the ranking minority member of the Senate Committee on Environment and Public Works.
(6) The Chairman and ranking minority member of the Committee on Transportation and Infrastructure of the House of Representatives.
(b) Quorum.— 
Seven members of the Commission is a quorum.
(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.

40 USC 6504 - Lease of building

(a) Lease Agreement.— 
Under an agreement with the person selected to construct the Thurgood Marshall Federal Judiciary Building, the Architect 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 objectives 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 objectives of this chapter.
(c) Obligation of Amounts.— 
Obligation of amounts for lease payments under this section may only be made
(1) on an annual basis; and
(2) from the account described in section 6507 of this title.

40 USC 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 maintenance of the Thurgood Marshall Federal Judiciary Building and improvements, including the care and maintenance of the grounds of the Building, in the same manner and to the same extent as for the structural 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 violation 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 account described in section 6507 of this title amounts necessary to reimburse the United States Capitol Police for expenses incurred in providing 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.

40 USC 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 Government all space in the Thurgood Marshall Federal Judiciary Building and other improvements constructed under this chapter. The space shall be made available on a reimbursable basis and substantially in accordance with the report referred to in section 3(b)(1) of the Judiciary Office Building Development Act (Public Law 100480, 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 improvements 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 sublease it pursuant to subsection (e), under the direction of the Commission for the Judiciary Office Building, to any person.
(b) Space for Judicial Branch and Other Federal Governmental 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 Administrative 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 Director may assign space made available to the judicial branch under subsection (a)(1) among offices of the judicial branch as the Director considers appropriate.
(2) Vacating occupied space.— 
When the Chief Justice notifies the Architect that the judicial branch requires additional space in the Building and other improvements, the Architect shall accommodate those requirements within 90 days after the date of the notification, except that if the space was made available to the Administrator of General Services, it shall be vacated expeditiously by not later than a date the Chief Justice and the Administrator agree on.
(3) Unoccupied space.— 
The Chief Justice has the right of first refusal to use unoccupied space in the Building to meet the needs of the judicial branch.
(d) Lease by Architect.— 

(1) Authority to lease.— 
Subject to approval by the Committees on Appropriations of the House of Representatives and the Senate, the House Office Building Commission, and the Committee on Rules and Administration of the Senate, the Architect may lease and occupy not more than 75,000 square feet of space in the Building.
(2) Payments.— 
Payments under the lease shall be made on vouchers 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 Architect with respect to space leased under this subsection.
(e) Subleased Space.— 

(1) Rental rate.— 
Space subleased by the Architect under subsection (a)(3) is subject to reimbursement at a rate which is comparable 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 attributable to the space.
(2) Limitation.— 
A sublease under subsection (a)(3) must be compatible with the dignity and functions of the judicial branch offices housed in the Building and must not unduly interfere with the activities and operations of the judicial branch agencies housed in the Building. Sections 5104 (c) and 5108 of this title do not apply to any space in the Building and other improvements subleased to a non-Government 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.

40 USC 6507 - Account in Treasury

(a) Establishment and Contents of Separate Account.— 
There is a separate account in the Treasury. The account includes all amounts deposited in the account under section 6506 (f) of this title and amounts appropriated 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 Architect 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 incurred in providing exterior security for the Building and other improvements;
(3) for making lease payments under section 6504 of this title; and
(4) for necessary personnel (including consultants).

TITLE 40 - US CODE - CHAPTER 67 - PENNSYLVANIA AVENUE DEVELOPMENT

TITLE 40 - US CODE - SUBCHAPTER I - TRANSFER AND ASSIGNMENT OF RIGHTS, AUTHORITIES, TITLE, AND INTERESTS

40 USC 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 instrumentality of the Federal Government, a State, the District of Columbia, 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 Avenue Development Corporation with regard to property transferred from the Corporation to the General Services Administration in fiscal year 1996.
(b) Use of Amounts and Income.— 

(1) Activities associated with transferred responsibilities.— 
The Administrator may use amounts transferred from the Corporation or income earned on Corporation property for activities associated with carrying out the responsibilities of the Corporation transferred 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 Administrator considers excess to the amount needed to fulfill the responsibilities of the Corporation transferred to the Administrator shall be applied to any outstanding debt the Corporation incurred when acquiring real estate, except debt associated with the Ronald Reagan Building 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 government, 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.

40 USC 6702 - Transfer and assignment of rights, title, and interests in property

(a) In General.— 

(1) Leases, covenants, agreements, and easements.— 
As provided 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 Corporation 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 92578, 86 Stat. 1266) and the Federal Triangle Development Act (Public Law 100113, 101 Stat. 735).
(2) Property.— 
The Administration has the rights, title, and interest of the Corporation in and to all property held in the name of the Corporation, except as provided in subsection (c).
(b) General Services Administration.— 

(1) Responsibilities.— 
The responsibilities of the Corporation transferred to the Administration under subsection (a) include
(A) the collection of revenue owed the Federal Government as a result of real estate sales or lease agreements made by the Corporation and private parties, including
(i) the Willard Hotel property on Square 225;
(ii) the Gallery Row project on Square 457;
(iii) the Lansburghs 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 Corporation has actual or potential revenue expectation, as identified in subparagraphs (A) and (B), in accordance with procedures described 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 Relocation 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 Corporations acquisition of real estate; and
(G) carrying out the responsibilities of the Corporation under subchapter III and the Federal Triangle Development Act (Public Law 100113, 101 Stat. 735), including responsibilities for managing 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 92578, 86 Stat. 1269) if a notice of intention to carry out the acquisition or disposal is first transmitted to the Committee on Transportation 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 transmission;
(B) modify the plan referred to in subparagraph (A) if the modification is first transmitted to the Committee on Transportation 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 transmission;
(C) maintain any existing Corporation insurance programs;
(D) make and perform transactions with an agency or instrumentality of the Federal Government, a State, the District of Columbia, or any person as necessary to carry out the responsibilities of the Corporation under subchapter III and the Federal Triangle Development Act (Public Law 100113, 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 National 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 84082441. The map shall be on file and available for public inspection in the offices of the Service.
(2) Responsibilities.— 
The Service is responsible for management, administration, maintenance, law enforcement, visitor services, resource protection, interpretation, and historic preservation at the Site.
(3) Special events, festivals, concerts, or programs.— 
The Service may
(A) make transactions with an agency or instrumentality of the Government, a State, the District of Columbia, or any person as considered necessary or appropriate for the conduct of special events, festivals, concerts, or other art and cultural programs at the Site; or
(B) establish a nonprofit">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 Pennsylvania Avenue Development Corporation Plan1974.

TITLE 40 - US CODE - SUBCHAPTER II - PENNSYLVANIA AVENUE DEVELOPMENT

40 USC 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 92578, 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 Pennsylvania 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 corner 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 corner of the intersection of E Street and Seventh Street Northwest; thence north along the eastern side of Seventh Street to the northeast corner of the intersection of Seventh Street and F Street Northwest; thence west along the northern side of F Street to the northwest corner 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 corner of the intersection of E Street and Thirteenth Street Northwest; 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 corner of the intersection of F Street and Fifteenth Street Northwest; thence north along the western side of Fifteenth Street to the northwest 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 beginning.

40 USC 6712 - Powers of other agencies and instrumentalities in the development area

This subchapter and the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92578, 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 consistent 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 approval of the Administrator of General Services.

40 USC 6713 - Certification of new construction

New construction (including substantial remodeling, conversion, rebuilding, 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 within 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 92578, 86 Stat. 1269).

40 USC 6714 - Relocation services

(a) Use of District of Columbia Government.— 
The Administrator of General Services may use the services of the District of Columbia government in the administration of a relocation program pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). The Administrator shall reimburse the government 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 Columbias 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 Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92578, 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.

40 USC 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 92578, 86 Stat. 1266), the Administrator 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, community 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 Administrator constructs, rehabilitates, alters, or improves any project under this subchapter, the Administrator shall comply with all District of Columbia 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, rehabilitation, alteration, and improvement of any project by non-Federal Government sources is subject to the District of Columbia Official Code and zoning regulations.

40 USC 6716 - Reports

(a) Reports to President and Congress.— 
The Administrator of General Services shall transmit comprehensive and detailed reports of the Administrators operations, activities, and accomplishments under this subchapter to the President and Congress. The Administrator shall transmit a report to the President each January and to the President and Congress at other times that the Administrator considers desirable.
(b) Protection and Enhancement of Significant Historic and Architectural Values.— 
A report under subsection (a) shall include a detailed discussion of the actions the Administrator has taken in the reporting period to protect and enhance the significant historic and architectural values of structures within the boundaries of the Administrators jurisdiction under this subchapter and shall indicate similar actions the Administrator plans to take and issues the Administrator anticipates dealing with during the upcoming fiscal year related to historic and architectural preservation. The report shall indicate the degree to which public concern has been considered and incorporated into decisions the Administrator made relative to historic and architectural preservation.

TITLE 40 - US CODE - SUBCHAPTER III - FEDERAL TRIANGLE DEVELOPMENT

40 USC 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 Constitution Avenue, Northwest; thence east along the northern side of Constitution Avenue to the northeast corner of the intersection of Twelfth Street and Constitution Avenue, Northwest; thence north along the eastern side of Twelfth Street and Constitution Avenue, Northwest; thence north along the eastern side of Twelfth Street to the southeast corner of the intersection of Twelfth Street and Pennsylvania 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 District of Columbia, known as the Great Plaza site, which consists of squares 256, 257, 258, parts of squares 259 and 260, and adjacent closed rights-of-way as shown on plate IV of the King Plats of 1803 located in the Office of the Surveyor of the District of Columbia; and
(B) except for purposes of section 6733 (a) of this title, any property the Pennsylvania Avenue Development Corporation acquired under section 3(b) of the Federal Triangle Development Act (Public Law 100113, 101 Stat. 736).

40 USC 6732 - Federal Triangle development area

The Federal Triangle development area is deemed to be part of the development area described in section 6711 of this title. The Administrator of General Services has the same authority over the Federal Triangle development area as over the development area described in section 6711.

40 USC 6733 - Federal Triangle property

(a) Title.— 
Title to the Federal Triangle property reverts to the Administrator 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 development 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.

40 USC 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 construction of the Building began. The title to the Building shall be in the Administrator of General Services from the date title to the Federal Triangle property 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 buildings.
(3) Design.— 
The Building shall
(A) be designed in harmony with historical and Government buildings in the vicinity;
(B) reflect the symbolic importance and historic character of Pennsylvania Avenue and the Nations 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 accounting system for operation and maintenance of the Building which will allow accurate projections of the dates and cost of major repairs, improvements, 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 expenditures.
(f) Lease of Building.— 

(1) Lease agreement.— 
Under an agreement with the person selected to construct the Ronald Reagan Building and International Trade Center, the Administrator shall lease the Building for federal office space and the international cultural and trade center space.
(2) Minimum requirements of lease agreement.— 
The agreement 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 construct the Building owns the Building.
(B) Rental rate.— 
The rental rate per square foot of occupiable space for all space in the Building will be in the best interest of the Government and will carry out the objectives of this subchapter and the Federal Triangle Development Act (Public Law 100113, 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 Federal 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 obligated as described in paragraph (2)(C).

TITLE 40 - US CODE - CHAPTER 69 - UNION STATION REDEVELOPMENT

TITLE 40 - US CODE - SUBCHAPTER I - UNION STATION COMPLEX

40 USC 6901 - Definition

In this subchapter, the term Union Station complex means real property, air rights, and improvements the Secretary of the Interior leased under sections 101110 of the National Visitors Center Facilities Act of 1968 (Public Law 90264, 82 Stat. 43) and property acquired and improvements made in accordance with this subchapter.

40 USC 6902 - Assignment of right, title, and interest in the Union Station complex to the Secretary of Transportation

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 101110 of the National Visitors Center Facilities Act of 1968 (Public Law 90264, 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.

40 USC 6903 - Agreements and contracts

The Secretary of Transportation may make agreements and contracts, except 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.

40 USC 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 considers 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.

40 USC 6905 - Service on board of directors of Union Station Redevelopment 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.

40 USC 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 revolving fund.
(b) Content.— 
The account shall be credited with receipts of the Secretary of Transportation from activities authorized by this subchapter.
(c) Use of Amounts.— 
The Secretary may use income and proceeds received from activities authorized by this subchapter, including operating and leasing income and payments made to the Federal Government under development 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.

40 USC 6907 - Use of other appropriated amounts

(a) Waiver of Cost Sharing Requirement.— 
The Secretary of Transportation 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.

40 USC 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.

40 USC 6909 - Supplying steam or chilled water to Union Station complex

The Architect of the Capitol may make agreements with the Secretary of Transportation to furnish steam, chilled water, or both from the Capitol Power Plant to the Union Station complex, at no expense to the legislative branch.

40 USC 6910 - Authorization of appropriations

Amounts necessary to meet lease and other obligations, including maintenance requirements, incurred by the Secretary of the Interior and assigned to the Secretary of Transportation under this subchapter may be appropriated to the Secretary of Transportation.

TITLE 40 - US CODE - SUBCHAPTER II - NATIONAL VISITOR FACILITIES ADVISORY COMMISSION

40 USC 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 Commission;
(E) the Chairman of the Commission of Fine Arts;
(F) six Members of the Senate, three from each party, to be appointed 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 Representatives; 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 Columbia government.
(2) Chairman.— 
The Secretary of the Interior serves as the Chairman 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.

40 USC 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 Nations Capital; and
(2) advise the Secretary of the Interior and the Administrator of General Services on the planning, construction, acquisition, and operation 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 subchapter.

40 USC 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.

40 USC 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 results of its studies and investigations. A report recommending additional facilities for visitors shall include the Commissions 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 recommended sites and facilities.

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA

TITLE 40 - US CODE - CHAPTER 81 - ADMINISTRATIVE

TITLE 40 - US CODE - SUBCHAPTER I - GENERAL

40 USC 8101 - Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law

(a) In General.— 
Under regulations the President prescribes, the Administrator 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 officer under the direction of the Administrator who is in immediate charge of those public buildings and grounds, decides that an individual is unlawfully occupying any part of that public land, the Administrator or officer in charge shall notify the United States marshal for the District of Columbia 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.

40 USC 8102 - Protection of Federal Government buildings in District 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 adjacent to a building in the District of Columbia
(A) at least partly owned or possessed by, or leased to, the Federal Government; and
(B) used by law enforcement authorities subject to their jurisdiction; and
(2) a person or entity from conducting business on property immediately adjacent to a building described in paragraph (1).

40 USC 8103 - Application of District of Columbia laws to public buildings and grounds

(a) Application of Laws.— 
Laws and regulations of the District of Columbia for the protection of public or private property and the preservation of peace and order are extended to all public buildings and public grounds belonging to the Federal Government in the District of Columbia.
(b) Penalties.— 
A person shall be fined under title 18, imprisoned for not more than six months, or both if the person
(1) is guilty of disorderly and unlawful conduct in or about those public buildings or public grounds;
(2) willfully injures the buildings or shrubs;
(3) pull downs, impairs, or otherwise injures any fence, wall, or other enclosure;
(4) injures any sink, culvert, pipe, hydrant, cistern, lamp, or bridge; or
(5) removes any stone, gravel, sand, or other property of the Government, or any other part of the public grounds or lots belonging to the Government in the District of Columbia.

40 USC 8104 - Regulation of private and semipublic buildings adjacent to public buildings and grounds

(a) Factors for Development.— 
In view of the provisions of the Constitution respecting the establishment of the seat of the National Government, the duties it imposed on Congress in connection with establishing the seat of the National Government, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, the development should proceed along the lines of good order, good taste, and with due regard to the public interests involved, and a reasonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings and grounds of major importance.
(b) Submission of Application to Commission of Fine Arts.— 
The Mayor of the District of Columbia shall submit to the Commission of Fine Arts an application for a permit to erect or alter any building, a part of which fronts or abuts on the grounds of the Capitol, the grounds of the White House, the part of Pennsylvania Avenue extending from the Capitol to the White House, Lafayette Park, Rock Creek Park, the Zoological Park, the Rock Creek and Potomac Parkway, Potomac Park, or The Mall Park System and public buildings adjacent to the System, or abuts on any street bordering any of those grounds or parks, so far as the plans relate to height and appearance, color, and texture of the materials of exterior construction.
(c) Report to Mayor.— 
The Commission shall report promptly its recommendations to the Mayor, including any changes the Commission decides are necessary to prevent reasonably avoidable impairment of the public values belonging to the public building or park. If the Commission fails to report its approval or disapproval of a plan within 30 days, the report is deemed approved and a permit may be issued.
(d) Action by the Mayor.— 
The Mayor shall take action the Mayor decides is necessary to effect reasonable compliance with the recommendation under subsection (c).

40 USC 8105 - Approval by Administrator of General Services

Subject to applicable provisions of existing law relating to the functions in the District of Columbia of the National Capital Planning Commission and the Commission of Fine Arts, only the Administrator of General Services is required to approve sketches, plans, and estimates for buildings to be constructed by the Administrator, except that the Administrator and the United States Postal Service must approve buildings designed for post office purposes.

40 USC 8106 - Buildings on reservations, parks, or public grounds

A building or structure shall not be erected on any reservation, park, or public grounds of the Federal Government in the District of Columbia without express authority of Congress.

40 USC 8107 - Advertisements and sales in or around Washington Monument

Except on the written authority of the Director of the National Park Service, advertisements of any kind shall not be displayed, and articles of any kind shall not be sold, in or around the Washington Monument.

40 USC 8108 - Use of public buildings for public ceremonies

Except as expressly authorized by law, public buildings in the District of Columbia (other than the Capitol Building and the White House), and the approaches to those public buildings, shall not be used or occupied in connection with ceremonies for the inauguration of the President or other public functions.

TITLE 40 - US CODE - SUBCHAPTER II - JURISDICTION

40 USC 8121 - Improper appropriation of streets

(a) Authority.— 
The Secretary of the Interior shall
(1) prevent the improper appropriation or occupation of any public street, avenue, square, or reservation in the District of Columbia that belongs to the Federal Government;
(2) reclaim the street, avenue, square, or reservation if unlawfully appropriated;
(3) prevent the erection of any permanent building on property reserved to or for the use of the Government, unless plainly authorized by law; and
(4) report to Congress at the beginning of each session on the Secretarys proceedings in the premises, together with a full statement of all property described in this subsection, and how, and by what authority, the property is occupied or claimed.
(b) Application.— 
This section does not interfere with the temporary and proper occupation of any part of the property described in subsection (a), by lawful authority, for the legitimate purposes of the Government.

40 USC 8122 - Jurisdiction over portion of Constitution Avenue

The Director of the National Park Service has jurisdiction over that part of Constitution Avenue west of Virginia Avenue that was under the control of the Commissioners of the District of Columbia prior to May 27, 1908.

40 USC 8123 - Record of transfer of jurisdiction between Director of National Park Service and Mayor of District of Columbia

When in accordance with law or mutual legal agreement, spaces or portions of public land are transferred between the jurisdiction of the Director of the National Park Service, as established by the Act of July 1, 1898 (ch. 543, 30 Stat. 570), and the Mayor of the District of Columbia, the letters of transfer and acceptance exchanged between them are sufficient authority for the necessary change in the official maps and for record when necessary.

40 USC 8124 - Transfer of jurisdiction between Federal and District of Columbia authorities

(a) Transfer of Jurisdiction.— 
Federal and District of Columbia authorities administering properties in the District that are owned by the Federal Government or by the District may transfer jurisdiction over any part of the property among or between themselves for purposes of administration and maintenance under conditions the parties agree on. The National Capital Planning Commission shall recommend the transfer before it is completed.
(b) Report to Congress.— 
The District authorities shall report all transfers and agreements to Congress.
(c) Certain Laws Not Repealed.— 
Subsection (a) does not repeal any law in effect on May 20, 1932, which authorized the transfer of jurisdiction of certain land among and between federal and District authorities.

40 USC 8125 - Public spaces resulting from filling of canals

The Director of the National Park Service has jurisdiction over all public spaces resulting from the filling of canals in the original city of Washington that were not under the jurisdiction of the Chief of Engineers of the United States Army as of August 1, 1914, except spaces included in the navy yard or in actual use as roadways and sidewalks and spaces assigned by law to the District of Columbia for use as a property yard and the location of a sewage pumping station. The spaces shall be laid out as reservations as a part of the park system of the District of Columbia.

40 USC 8126 - Temporary occupancy of Potomac Park by Secretary of Agriculture

(a) Not More Than 75 Acres.— 
The Director of the National Park Service may allow the Secretary of Agriculture to temporarily occupy as a testing ground not more than 75 acres of Potomac Park not needed in any one season for reclamation or park improvement. The Secretary shall vacate the area at the close of any season on the request of the Director.
(b) Continue as Public Park Under Director.— 
This section does not change the essential character of the land used, which shall continue to be a public park under the charge of the Director.

40 USC 8127 - Part of Washington Aqueduct for playground purposes

(a) Jurisdiction of Mayor.— 
The Mayor of the District of Columbia has possession, control, and jurisdiction of the land of the Washington Aqueduct adjacent to the Champlain Avenue pumping station and lying outside of the fence around the pumping station as it
(1) existed on August 31, 1918; and
(2) was transferred by the Chief of Engineers for playground purposes.
(b) Jurisdiction of Secretary of the Army Not Affected.— 
This section does not affect the superintendence and control of the Secretary of the Army over the Washington Aqueduct and the rights, appurtenances, and fixtures connected with the Aqueduct.

TITLE 40 - US CODE - SUBCHAPTER III - SERVICES FOR FACILITIES

40 USC 8141 - Contract to rent buildings in the District of Columbia not to be made until appropriation enacted

A contract shall not be made for the rent of a building, or part of a building, to be used for the purposes of the Federal Government in the District of Columbia until Congress enacts an appropriation for the rent. This section is deemed to be notice to all contractors or lessors of the building or a part of the building.

40 USC 8142 - Rent of other buildings

An executive department of the Federal Government renting a building for public use in the District of Columbia may rent a different building instead if it is in the public interest to do so. This section does not authorize an increase in the number of buildings in use or in the amount paid for rent.

40 USC 8143 - Heat

(a) Corcoran Gallery of Art.— 
The Administrator of General Services may furnish heat from the central heating plant to the Corcoran Gallery of Art, if the Corcoran Gallery of Art agrees to
(1) pay for heat furnished at rates the Administrator determines; and
(2) connect the building with the Federal Government mains in a manner satisfactory to the Administrator.
(b) Board of Governors of the Federal Reserve System.— 
The Administrator may furnish steam from the central heating plant for the use of the Board of Governors of the Federal Reserve System on the property which the Board acquired in squares east of 87 and east of 88 in the District of Columbia if the Board agrees to
(1) pay for the steam furnished at reasonable rates the Administrator determines but that are at least equal to cost; and
(2) provide the necessary connections with the Government mains at its own expense and in a manner satisfactory to the Administrator.
(c) Non-Federal Public Buildings.— 
The Administrator shall determine the rates to be paid for steam furnished to the Corcoran Gallery of Art, the Pan American Union Buildings, the American Red Cross Buildings, and other non-federal public buildings authorized to receive steam from the central heating plant.

40 USC 8144 - Delivery of fuel for use during ensuing fiscal year

During April, May, and June of each year, the Administrator of General Services may deliver to all branches of the Federal Government and the government of the District of Columbia as much fuel for their use during the following fiscal year as may be practicable to store at the points of consumption. The branches of the Federal Government and the government of the District of Columbia shall pay for the fuel from their applicable appropriations for that fiscal year.

TITLE 40 - US CODE - SUBCHAPTER IV - MISCELLANEOUS

40 USC 8161 - Reservation of parking spaces for Members of Congress

The Council of the District of Columbia shall designate, reserve, and properly mark appropriate and sufficient parking spaces on the streets adjacent to all public buildings in the District for the use of Members of Congress engaged in public business.

40 USC 8162 - Ailanthus trees prohibited

Ailanthus trees shall not be purchased for, or planted in, the public grounds.

40 USC 8163 - Use of greenhouses and nursery for trees, shrubs, and plants

The greenhouses and nursery shall be used only for the propagation of trees, shrubs, and plants suitable for planting in the public reservations. Only those trees, shrubs, and plants shall be planted in the public reservations.

40 USC 8164 - E. Barrett Prettyman United States Courthouse

(a) Operation, Maintenance, and Repair.— 
The operation, maintenance, and repair of the E. Barrett Prettyman United States Courthouse, used by the United States Court of Appeals for the District of Columbia and the United States District Court for the District of Columbia, is under the control of the Administrator of General Services.
(b) Allocation of Space.— 
The allocation of space in the Courthouse is vested in the chief judge of the United States Court of Appeals for the District of Columbia and the chief judge of the United States District Court for the District of Columbia.

40 USC 8165 - Services for Office of Personnel Management

For carrying out the work of the Director of the Office of Personnel Management and the examinations provided for in sections 3304 and 3305 of title 5, the Administrator of General Services shall
(1) assign or provide suitable and convenient rooms and accommodations, which are furnished, heated, and lighted, in Washington, D.C.;
(2) supply necessary stationery and other articles; and
(3) arrange for or provide necessary printing.

TITLE 40 - US CODE - CHAPTER 83 - WASHINGTON METROPOLITAN REGION DEVELOPMENT

40 USC 8301 - Definition

In this chapter, the term Washington metropolitan region includes the District of Columbia, the counties of Montgomery and Prince Georges in Maryland, and the counties of Arlington and Fairfax and the cities of Alexandria and Falls Church in Virginia.

40 USC 8302 - Necessity for coordination in the development of the Washington metropolitan region

Because the District of Columbia is the seat of the Federal Government and has become the urban center of a rapidly expanding Washington metropolitan region, the necessity for the continued and effective performance of the functions of the Government in the District of Columbia, the general welfare of the District of Columbia, the health and living standards of the people residing or working in the District of Columbia, and the conduct of industry, trade, and commerce in the District of Columbia require that to the fullest extent possible the development of the District of Columbia and the management of its public affairs, and the activities of the departments, agencies, and instrumentalities of the Government which may be carried out in, or in relation to, the other areas of the Washington metropolitan region, shall be coordinated with the development of those other areas and with the management of their public affairs so that, with the cooperation and assistance of those other areas, all of the areas in the Washington metropolitan area shall be developed and their public affairs shall be managed so as to contribute effectively toward the solution of the community development problems of the Washington metropolitan region on a unified metropolitan basis.

40 USC 8303 - Declaration of policy of coordinated development and management

The policy to be followed for the attainment of the objective established by section 8302 of this title, and for the more effective exercise by Congress, the executive branch of the Federal Government, the Mayor of the District of Columbia, and all other officers, agencies, and instrumentalities of the District of Columbia of their respective functions, powers, and duties in respect of the Washington metropolitan region, shall be that the functions, powers, and duties shall be exercised and carried out in a manner that (with proper recognition of the sovereignty of Maryland and Virginia in respect of those areas of the Washington metropolitan region that are located within their respective jurisdictions) will best facilitate the attainment of the coordinated development of the areas of the Washington metropolitan area and the coordinated management of their public affairs so as to contribute effectively to the solution of the community development problems of the Washington metropolitan region on a unified metropolitan basis.

40 USC 8304 - Priority projects

In carrying out the policy pursuant to section 8303 of this title for the attainment of the objective established by section 8302 of this title, priority should be given to the solution, on a unified metropolitan basis, of the problems of water supply, sewage disposal, and water pollution and transportation.

TITLE 40 - US CODE - CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND DIRECTOR

40 USC 8501 - National Capital Service Area

(a) Establishment.— 

(1) Boundaries.— 
The National Capital Service Area is in the District of Columbia and includes 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 as the area bounded 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 northern side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue to Jackson Place Northwest; thence north on Jackson Place to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Canal Street Parkway; thence southeast on Canal Street Parkway to E Street Southeast; thence west on E Street Southeast to the intersection of Washington Avenue Southwest and South Capitol Street; thence northwest on Washington Avenue Southwest to Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence north on Sixth Street Southwest to Independence Avenue; thence west on Independence Avenue to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the mid-channel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northern most point of the Eleventh Street Bridge; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning.
(2) Streets and sidewalks included.— 
Where the area in paragraph (1) is bounded by a street, the street, and any sidewalk of the street, are included in the area.
(3) Federal property that affronted or abutted the area deemed to be in the area.— 
Federal real property that on December 24, 1973, affronted or abutted the area described in paragraph (1) is deemed to be in the area. For the purposes of this paragraph, federal real property affronting or abutting the area described in paragraph (1)
(A) is deemed to include 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) does not include any area situated outside of the District of Columbia boundary as it existed immediately prior to December 24, 1973, any part of the Anacostia Park situated east of the northern side of the Eleventh Street Bridge, or any part of the Rock Creek Park.
(b) Applicability of Other Provisions.— 

(1) Provisions covering buildings and grounds in area not affected.— 
Except to the extent specifically provided by this section, this section does not
(A) apply to the United States Capitol Buildings and Grounds as defined and described in sections 5101 and 5102 of this title, any other buildings and grounds under the care of the Architect of the Capitol, the Supreme Court Building and grounds as described in section 6101 of this title, and the Library of Congress buildings and grounds as defined in section 11 of the Act of August 4, 1950 (2 U.S.C. 167j); and
(B) repeal, amend, alter, modify, or supersede
(i) chapter 51 of this title, section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), any other general law of the United States, any law enacted by Congress and applicable exclusively to the District of Columbia, or any rule or regulation prescribed pursuant to any of those provisions, that was in effect on January 1, 1975, and that pertained to those buildings and grounds; or
(ii) any authority which existed on December 24, 1973, with respect to those buildings and grounds and was vested on January 1, 1975, in the Senate, the House of Representatives, Congress, any committee, commission, or board of the Senate, the House of Representatives, or Congress, 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, or the Librarian of Congress.
(2) Continued application of laws, regulations, and rules.— 
Except to the extent otherwise specifically provided in 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 prescribed pursuant to any of those laws, that were in effect on January 1, 1975, and which applied to and in the areas included in the National Capital Service Area pursuant to this section continue to be applicable to and in the National Capital Service Area in the same manner and to the same extent as if this section had not been enacted and remain applicable until repealed, amended, altered, modified, or superseded.
(c) Availability of Services and Facilities.— 
As far as practicable, any service or facility authorized by the District of Columbia Home Rule Act (Public Law 93198, 87 Stat. 774) to be rendered or furnished (including maintenance of streets and highways, and services under section 1537 of title 31) shall be made available to the Senate, the House of Representatives, Congress, any committee, commission, or board of the Senate, the House of Representatives, or Congress, the Architect of the Capitol, any other officer of the legislative branch who on January 1, 1975, was vested with authority over those buildings and grounds, the Chief Justice of the United States, the Marshal of the Supreme Court, and the Librarian of Congress on their request. If payment would be required for the rendition or furnishing of a similar service or facility to any other federal agency, the recipient, on presentation of proper vouchers and as agreed on by the parties, shall pay for the service or facility in advance or by reimbursement.
(d) Right To Participate in Election Not Affected by Residency.— 
An individual may not be denied the right to vote or otherwise participate in any manner in any election in the District of Columbia solely because the individual resides in the National Capital Service Area.

40 USC 8502 - National Capital Service Director

(a) Establishment and Compensation.— 
There is in the Executive Office of the President the National Capital Service Director who shall be appointed by the President. The Director shall receive compensation at the maximum rate established for level IV of the Executive Schedule under section 5315 of title 5.
(b) Personnel.— 
The Director may appoint and fix the rate of compensation of necessary personnel, subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5.
(c) Duties.— 

(1) President.— 
The President, through the Director and using District of Columbia governmental services to the extent practicable, shall ensure that there is provided in the area described in section 8501 (a) of this title adequate fire protection and sanitation services.
(2) Director.— 
Except with respect to that part of the National Capital Service Area comprising the United States Capitol Buildings and Grounds as defined and described in sections 5101 and 5102 of this title, the Supreme Court Building and grounds as described in section 6101 of this title, and the Library of Congress buildings and grounds as defined in section 11 of the Act of August 4, 1950 (2 U.S.C. 167j), the Director shall ensure that there is provided in the remainder of the area described in section 8501 (a) of this title adequate police protection and maintenance of streets and highways.

TITLE 40 - US CODE - CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

TITLE 40 - US CODE - SUBCHAPTER I - GENERAL

40 USC 8701 - Findings and purposes

(a) Findings.— 
Congress finds that
(1) the location of the seat of government in the District of Columbia has brought about the development of a metropolitan region extending well into adjoining territory in Maryland and Virginia;
(2) effective comprehensive planning is necessary on a regional basis and of continuing importance to the federal establishment;
(3) the distribution of federal installations throughout the region has been and will continue to be a major influence in determining the extent and character of development;
(4) there is needed a central planning agency for the National Capital region to coordinate certain developmental activities of the many different agencies of the Federal and District of Columbia Governments so that those activities may conform with general objectives;
(5) there is an increasing mutuality of interest and responsibility between the various levels of government that calls for coordinate and unified policies in planning both federal and local development in the interest of order and economy;
(6) there are developmental problems of an interstate character, the planning of which requires collaboration between federal, state, and local governments in the interest of equity and constructive action; and
(7) the instrumentalities and procedures provided in this chapter will aid in providing Congress with information and advice requisite to legislation.
(b) Purposes.— 

(1) In general.— 
The purposes of this chapter (except sections 8733–8736) are
(A) to secure comprehensive planning for the physical development of the National Capital and its environs;
(B) to provide for the participation of the appropriate planning agencies of the environs in the planning; and
(C) to establish the agency and procedures requisite to the administration of the functions of the Federal and District Governments related to the planning.
(2) Objective.— 
The general objective of this chapter (except sections 8733–8736) is to enable appropriate agencies to plan for the development of the federal establishment at the seat of government in a manner
(A) consistent with the nature and function of the National Capital and with due regard for the rights and prerogatives of the adjoining States and local governments to exercise control appropriate to their functions; and
(B) which will, in accordance with present and future needs, best promote public health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development.

40 USC 8702 - Definitions

In this chapter
(1) Environs.— 
The term environs means the territory surrounding the District of Columbia included in the National Capital region.
(2) National capital.— 
The term National Capital means the District of Columbia and territory the Federal Government owns in the environs.
(3) National capital region.— 
The term National Capital region means
(A) the District of Columbia;
(B) Montgomery and Prince Georges Counties in Maryland;
(C) Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and
(D) all cities in Maryland or Virginia in the geographic area bounded by the outer boundaries of the combined area of the counties listed in subparagraphs (B) and (C).
(4) Planning agency.— 
The term planning agency means any city, county, bi-county, part-county, or regional planning agency authorized under state and local laws to make and adopt comprehensive plans.

TITLE 40 - US CODE - SUBCHAPTER II - PLANNING AGENCIES

40 USC 8711 - National Capital Planning Commission

(a) Establishment and Purpose.— 
The National Capital Planning Commission is the central federal planning agency for the Federal Government in the National Capital, created to preserve the important historical and natural features of the National Capital, except for the United States Capitol Buildings and Grounds (as defined and described in sections 5101 and 5102 of this title), any extension of, or additions to, those Buildings and Grounds, and buildings and grounds under the care of the Architect of the Capitol.
(b) Composition.— 

(1) Membership.— 
The National Capital Planning Commission is composed of
(A) ex officio, the Secretary of the Interior, the Secretary of Defense, the Administrator of General Services, the Mayor of the District of Columbia, the Chairman of the Council of the District of Columbia, the chairman of the Committee on Governmental Affairs of the Senate, and the chairman of the Committee on Government Reform of the House of Representatives, or an alternate any of those individuals designates; and
(B) five citizens with experience in city or regional planning, three of whom shall be appointed by the President and two of whom shall be appointed by the Mayor.
(2) Residency requirement.— 
The citizen members appointed by the Mayor shall be residents of the District of Columbia. Of the three appointed by the President, at least one shall be a resident of Virginia and at least one shall be a resident of Maryland.
(3) Terms.— 
An individual appointed by the President serves for six years. An individual appointed by the Mayor serves for four years. An individual appointed to fill a vacancy shall be appointed only for the unexpired term of the individual being replaced.
(4) Pay and expenses.— 
Citizen members are entitled to $100 a day when performing duties vested in the Commission and to reimbursement for necessary expenses incurred in performing those duties.
(c) Chairman and Officers.— 
The President shall designate the Chairman of the National Capital Planning Commission. The Commission may elect from among its members other officers as it considers desirable.
(d) Personnel.— 
The National Capital Planning Commission may employ a Director, an executive officer, and other technical and administrative personnel as it considers necessary. Without regard to section 3709 of the Revised Statues (41 U.S.C. 5) and section 3109, chapters 33 and 51, and subchapter III of chapter 53, of title 5, the Commission may employ, by contract or otherwise, the temporary or intermittent (not more than one year) services of city planners, architects, engineers, appraisers, and other experts or organizations of experts, as may be necessary to carry out its functions. The Commission shall fix the rate of compensation so as not to exceed the rate usual for similar services.
(e) Principal Duties.— 
The principal duties of the National Capital Planning Commission include
(1) preparing, adopting, and amending a comprehensive plan for the federal activities in the National Capital and making related recommendations to the appropriate developmental agencies; and
(2) serving as the central planning agency for the Government within the National Capital region and reviewing the development programs of the developmental agencies to advise as to consistency with the comprehensive plan.
(f) Transfer of Other Functions, Powers, and Duties.— 
The National Capital Planning Commission shall carry out all other functions, powers, and duties of the National Capital Park and Planning Commission, including those formerly vested in the Highway Commission established by the Act of March 2, 1893 (ch. 197, 27 Stat. 532), and those formerly vested in the National Capital Park Commission by the Act of June 6, 1924 (ch. 270, 43 Stat. 463).
(g) Estimate.— 
The National Capital Planning Commission shall submit to the Office of Management and Budget before December 16 of each year its estimate of the total amount to be appropriated for expenditure under this chapter (except sections 8732–8736) during the next fiscal year.
(h) Fees.— 
The National Capital Planning Commission may charge fees to cover the full cost of Geographic Information System products and services the Commission supplies. The fees shall be credited to the applicable appropriation account as an offsetting collection and remain available until expended.

40 USC 8712 - Mayor of the District of Columbia

(a) Planning Responsibilities.— 
The Mayor of the District of Columbia is the central planning agency for the government of the District of Columbia in the National Capital and is responsible for coordinating the planning activities of the District government and for preparing and implementing the District elements of the comprehensive plan for the National Capital, which may include land use elements, urban renewal and redevelopment elements, a multiyear program of public works for the District, and physical, social, economic, transportation, and population elements. The Mayors planning responsibility shall not extend to
(1) federal or international projects and developments in the District, as determined by the National Capital Planning Commission; or
(2) the United States Capitol Buildings and Grounds as defined and described in sections 5101 and 5102 of this title, any extension of, or additions to, those Buildings and Grounds, and buildings and grounds under the care of the Architect of the Capitol.
(b) Participation and Consultation.— 
In carrying out the responsibilities under this section and section 8721 of this title, the Mayor shall establish procedures for citizen participation in the planning process and for appropriate meaningful consultation with any state or local government or planning agency in the National Capital region affected by any aspect of a comprehensive plan, including amendments, affecting or relating to the District.

TITLE 40 - US CODE - SUBCHAPTER III - PLANNING PROCESS

40 USC 8721 - Comprehensive plan for the National Capital

(a) Preparation and Adoption by Commission.— 
The National Capital Planning Commission shall prepare and adopt a comprehensive, consistent, and coordinated plan for the National Capital. The plan shall include the Commissions recommendations or proposals for federal developments or projects in the environs and District elements of the comprehensive plan, or amendments to the elements, adopted by the Council of the District of Columbia and with respect to which the Commission has not determined a negative impact exists. Those elements or amendments shall be incorporated into the comprehensive plan without change. The Commission may include in its plan any part of a plan adopted by any planning agency in the environs and may make recommendations of collateral interest to the agencies. The Commission may adopt any part of an element. The Commission shall review and may amend or extend the plan so that its recommendations may be kept up to date.
(b) Review by District of Columbia.— 
The Mayor of the District of Columbia shall submit each District element of the comprehensive plan, and any amendment, to the Council for revision or modification, and adoption, by act, following public hearings. Following adoption and prior to implementation, the Council shall submit each element or amendment to the Commission for review and comment with regard to the impact of the element or amendment on the interests or functions of the federal establishment in the National Capital.
(c) Commission Response to Council Action.— 

(1) Period of review.— 
Within 60 days after receiving an element or amendment from the Council, the Commission shall certify to the Council whether the element or amendment has a negative impact on the interests or functions of the federal establishment in the National Capital.
(2) No negative impact.— 
If the Commission takes no action in the 60-day period, the element or amendment is deemed to have no negative impact and shall be incorporated into the comprehensive plan for the National Capital and implemented.
(3) Negative impact.— 

(A) Certification to council.— 
If the Commission finds a negative impact, it shall certify its findings and recommendations to the Council.
(B) Response of council.— 
On receipt of the Commissions findings and recommendations, the Council may
(i) accept the findings and recommendations and modify the element or amendment accordingly; or
(ii) reject the findings and recommendations and resubmit a modified form of the element or amendment to the Commission for reconsideration.
(C) Findings and recommendations accepted.— 
If the Council accepts the findings and recommendations and modifies the element or amendment, the Council shall submit the element or amendment to the Commission for the Commission to determine whether the modification has been made in accordance with the Commissions findings and recommendations. If the Commission does not act on the modified element or amendment within 30 days after receiving it, the element or amendment is deemed to have been modified in accordance with the findings and recommendations and shall be incorporated into the comprehensive plan for the National Capital and implemented. If within the 30-day period the Commission again determines the element or amendment has a negative impact on the functions or interests of the federal establishment in the National Capital, the element or amendment shall not be implemented.
(D) Findings and recommendations rejected.— 
If the Council rejects the findings and recommendations and resubmits a modified element or amendment, the Commission, within 60 days after receiving it, shall decide whether the modified element or amendment has a negative impact on the interests or functions of the federal establishment within the National Capital. If the Commission does not act within the 60-day period, the modified element or amendment is deemed to have no negative impact and shall be incorporated into the comprehensive plan and implemented. If the Commission finds a negative impact, it shall certify its findings (in sufficient detail that the Council can understand the basis of the objection of the Commission) and recommendations to the Council and the element or amendment shall not be implemented.
(d) Resubmission Deemed New Element or Amendment.— 
Any element or amendment which the Commission has determined has a negative impact on the federal establishment in the National Capital which is submitted again in a modified form not less than one year from the day it was last rejected by the Commission is deemed to be a new element or amendment for purposes of the review procedure specified in this section.
(e) Review, Hearings, and Citizen Advisory Councils.— 

(1) Review.— 
Before the comprehensive plan, any element of the plan, or any revision is adopted, the Commission shall present the plan, element, or revision to the appropriate federal or District of Columbia authorities for comment and recommendations. The Commission may present the proposed revisions annually in a consolidated form. Recommendations by federal and District of Columbia authorities are not binding on the Commission, but the Commission shall give careful consideration to any views and recommendations submitted prior to final adoption.
(2) Hearings and citizen advisory councils.— 
The Commission
(A) may provide periodic opportunity for review and comments by nongovernmental agencies or groups through public hearings, meetings, or conferences, exhibitions, and publication of its plans; and
(B) in consultation with the Council, may encourage the formation of citizen advisory councils.
(f) Extension of Time Limitations.— 
On request of the Commission, the Council may grant an extension of any time limitation contained in this section.
(g) Publishing Comprehensive Plan.— 
As appropriate, the Commission and the Mayor jointly shall publish a comprehensive plan for the National Capital, consisting of the elements of the comprehensive plan for the federal activities in the National Capital developed by the Commission and the District elements developed by the Mayor and the Council in accordance with this section.
(h) Procedures for Consultation.— 

(1) Commission and mayor.— 
The Commission and the Mayor jointly shall establish procedures for appropriate meaningful continuing consultation throughout the planning process for the National Capital.
(2) Government agencies.— 
In order that the National Capital may be developed in accordance with the comprehensive plan, the Commission, with the consent of each agency concerned as to its representation, may establish advisory and coordinating committees composed of representatives of agencies of the Federal and District of Columbia Governments as may be necessary or helpful to obtain the maximum amount of cooperation and correlation of effort among the various agencies. As it considers appropriate, the Commission may invite representatives of the planning and developmental agencies of the environs to participate in the work of the committees.

40 USC 8722 - Proposed federal and district developments and projects

(a) Agencies To Use Commission as Central Planning Agency.— 
Agencies of the Federal Government responsible for public developments and projects shall cooperate and correlate their efforts by using the National Capital Planning Commission as the central planning agency for federal activities in the National Capital region. To aid the Commission in carrying out this function, federal and District of Columbia governmental agencies on request of the Commission shall furnish plans, data, and records the Commission requires. The Commission on request shall furnish related plans, data, and records to federal and District of Columbia governmental agencies.
(b) Consultation Between Agencies and Commission.— 

(1) Before construction plans prepared.— 
To ensure the comprehensive planning and orderly development of the National Capital, a federal or District of Columbia agency, before preparing construction plans the agency originates for proposed developments and projects or before making a commitment to acquire land, to be paid for at least in part from federal or District amounts, shall advise and consult with the Commission as the agency prepares plans and programs in preliminary and successive stages that affect the plan and development of the National Capital. After receiving the plans, maps, and data, the Commission promptly shall make a preliminary report and recommendations to the agency. If the agency, after considering the report and recommendations of the Commission, does not agree, it shall advise the Commission and provide the reasons why it does not agree. The Commission then shall submit a final report. After consultation and suitable consideration of the views of the Commission, the agency may proceed to take action in accordance with its legal responsibilities and authority.
(2) Exceptions.— 

(A) In general.— 
Paragraph (1) does not apply to projects within the Capitol grounds or to structures erected by the Department of Defense during wartime or national emergency within existing military, naval, or Air Force reservations, except that the appropriate defense agency shall consult with the Commission as to any developments which materially affect traffic or require coordinated planning of the surrounding area.
(B) Advance decisions of commission.— 
The Commission shall determine in advance the type or kinds of plans, developments, projects, improvements, or acquisitions which do not need to be submitted for review by the Commission as to conformity with its plans.
(c) Additional Procedure for Developments and Projects Within Environs.— 

(1) Submission to commission.— 
Within the environs, general plans showing the location, character, and extent of, and intensity of use for, proposed federal and District developments and projects involving the acquisition of land shall be submitted to the Commission for report and recommendations before a final commitment to the acquisition is made, unless the matter specifically has been approved by law.
(2) Commission action.— 
Before acting on any general plan, the Commission shall advise and consult with the appropriate planning agency having jurisdiction over the affected part of the environs. When the Commission decides that proposed developments or projects submitted to the Commission under subsection (b) involve a major change in the character or intensity of an existing use in the environs, the Commission shall advise and consult with the planning agency. The report and recommendations shall be submitted within 60 days and shall be accompanied by any reports or recommendations of the planning agency.
(3) Working with state or local authority or agency.— 
In carrying out its planning functions with respect to federal developments or projects in the environs, the Commission may work with, and make agreements with, any state or local authority or planning agency as the Commission considers necessary to have a plan or proposal adopted and carried out.
(d) Approval of Federal Public Buildings.— 
The provisions of the Act of June 20, 1938 (ch. 534, 52 Stat. 797) shall not apply to federal public buildings. In order to ensure the orderly development of the National Capital, the location, height, bulk, number of stories, and size of federal public buildings in the District of Columbia and the provision for open space in and around federal public buildings in the District of Columbia are subject to the approval of the Commission.
(e) Approval of District Government Buildings in Central Area.— 
Subsection (d) is extended to include public buildings erected by any agency of the Government of the District of Columbia in the central area of the District (as defined by concurrent action of the Commission and the Council of the District of Columbia), except that the Commission shall transmit its approval or disapproval within 30 days after the day the proposal was submitted to the Commission.

40 USC 8723 - Capital improvements

(a) Six-Year Program of Public Works Projects.— 
The National Capital Planning Commission shall recommend a six-year program of public works projects for the Federal Government which the Commission shall review annually with the agencies concerned. Each federal agency shall submit to the Commission in the first quarter of each fiscal year a copy of its advance program of capital improvements within the National Capital and its environs.
(b) Submission of Multiyear Capital Improvement Plan.— 
By February 1 of each year, the Mayor of the District of Columbia shall submit to the Commission a copy of the multiyear capital improvements plan for the District of Columbia that the Mayor develops under section 444 of the District of Columbia Home Rule Act (Public Law 93198, 87 Stat. 800). The Commission has 30 days in which to comment on the plan but may not change or disapprove of the plan.

40 USC 8724 - Zoning regulations and maps

(a) Amendments of Zoning Regulations and Maps.— 
The National Capital Planning Commission may make a report and recommendation to the Zoning Commission of the District of Columbia, as provided in section 5 of the Act of June 20, 1938 (ch. 534, 52 Stat. 798), on the relation, conformity, or consistency of proposed amendments of the zoning regulations and maps with the comprehensive plan for the National Capital. The Planning Commission may also submit to the Zoning Commission proposed amendments or general revisions to the zoning regulations or the zoning map for the District of Columbia.
(b) Additional Report by Planning Commission.— 
When requested by an authorized representative of the Planning Commission, the Zoning Commission may recess for a reasonable period of time any public hearing it is holding to consider a proposed amendment to the zoning regulations or map so that the Planning Commission may have an opportunity to present to the Zoning Commission an additional report on the proposed amendment.
(c) Zoning Committee of National Capital Planning Commission.— 

(1) Establishment and composition.— 
There is a Zoning Committee of the National Capital Planning Commission. The Committee consists of at least three members of the Planning Commission the Planning Commission designates for that purpose. The number of members serving on the Committee may vary.
(2) Duties.— 
The Committee shall carry out the functions vested in the Planning Commission under this section and section 8725 of this title
(A) to the extent the Planning Commission decides; and
(B) when requested by the Zoning Commission and approved by the Planning Commission.

40 USC 8725 - Recommendations on platting and subdividing land

(a) By Council of the District of Columbia.— 
The Council of the District of Columbia shall submit any proposed change in, or addition to, the regulations or general orders regulating the platting and subdividing of lands and grounds in the District of Columbia to the National Capital Planning Commission for report and recommendation before the Council adopts the change or addition. The Council shall advise the Commission when it does not agree with the recommendations of the Commission and shall give the reasons why it disagrees. The Commission then shall submit a final report within 30 days. After considering the final report, the Council may act in accordance with its legal responsibilities and authority.
(b) By Planning Commission.— 
The Commission shall submit to the Council any proposed change in, or amendment to, the general orders that the Commission considers appropriate. The Council shall treat the amendments proposed in the same manner as other proposed amendments.

40 USC 8726 - Authorization of appropriations

Amounts necessary to carry out this subchapter may be appropriated from money in the Treasury not otherwise appropriated and from any appropriate appropriation law, except the annual District of Columbia Appropriation Act.

TITLE 40 - US CODE - SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

40 USC 8731 - Acquiring land for park, parkway, or playground purposes

(a) Authority To Acquire Land.— 
The National Capitol Planning Commission shall acquire land the Planning Commission believes is necessary and desirable in the District of Columbia and adjacent areas in Maryland and Virginia for suitable development of the National Capital park, parkway, and playground system. The acquisition must be within the limits of the appropriations made for those purposes. The Planning Commission shall request the advice of the Commission of Fine Arts in selecting land to be acquired.
(b) How Land May Be Acquired.— 

(1) Purchase or condemnation proceeding.— 
The National Capital Planning Commission may buy land when the land can be acquired at a price the Planning Commission considers reasonable or by a condemnation proceeding when the land cannot be bought at a reasonable price.
(2) Land in the district of columbia.— 
A condemnation proceeding to acquire land in the District of Columbia shall be conducted in accordance with section 1 of the Act of December 23, 1963 (Public Law 88241, 77 Stat. 571).
(3) Land in maryland or virginia.— 
The Planning Commission may acquire land in Maryland or Virginia under arrangements agreed to by the Commission and the proper officials of Maryland or Virginia.
(c) Control of Land.— 

(1) Land in the district of columbia.— 
Land acquired in the District of Columbia shall be a part of the park system of the District of Columbia and be under the control of the Director of the National Park Service. The National Capital Planning Commission may assign areas suitable for playground purposes to the control of the Mayor of the District of Columbia for playground purposes.
(2) Land in maryland or virginia.— 
Land acquired in Maryland or Virginia shall be controlled as determined by agreement between the Planning Commission and the proper officials of Maryland or Virginia.
(d) Presidential Approval Required.— 
The designation of all land to be acquired by condemnation, all contracts to purchase land, and all agreements between the National Capital Planning Commission and the officials of Maryland and Virginia are subject to the approval of the President.

40 USC 8732 - Acquiring land subject to limited rights reserved to grantor and limited permanent rights in land adjoining park property

(a) In General.— 
The National Capital Planning Commission in accordance with this chapter may acquire, for and on behalf of the Federal Government, by gift, devise, purchase, or condemnation
(1) fee title to land subject to limited rights, but not for business purposes, reserved to the grantor; and
(2) permanent rights in land adjoining park property sufficient to prevent the use of the land in certain specified ways which would essentially impair the value of the park property for its purposes.
(b) Prerequisites to Acquisition.— 

(1) Fee title to land subject to limited rights.— 
The reservation of rights to the grantor shall not continue beyond the life of the grantor of the fee. The Commission must decide that the permanent public park purposes for which control over the land is needed are not essentially impaired by the reserved rights and that there is a substantial saving in cost by acquiring the land subject to the limited rights as compared with the cost of acquiring unencumbered title to the land.
(2) Permanent rights in land adjoining park property.— 
The Commission must decide that the protection and maintenance of the essential public values of the park can be secured more economically by acquiring the permanent rights than by acquiring the land.
(c) Presidential Approval Required.— 
All contracts to acquire land or rights under this section are subject to the approval of the President.

40 USC 8733 - Lease of land acquired for park, parkway, or playground purposes

The Secretary of the Interior may lease, for not more than five years, land or an existing building or structure on land acquired for park, parkway, or playground purposes, and may renew the lease for an additional five years. A lease or renewal under this section is
(1) subject to the approval of the National Capital Planning Commission;
(2) subject to the need for the immediate use of the land, building, or structure in other ways by the public; and
(3) on terms the Administrator decides.

40 USC 8734 - Sale of land by Mayor

(a) Authority To Sell.— 
With the approval of the National Capital Planning Commission, the Mayor of the District of Columbia, for the best interests of the District of Columbia, may sell to the highest bidder at public or private sale real estate in the District of Columbia owned in fee simple by the District of Columbia for municipal use that the Council of the District of Columbia and the Commission find to be no longer required for public purposes.
(b) Paying Expenses and Depositing Proceeds.— 
The Mayor
(1) may pay the reasonable and necessary expenses of the sale of each parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the Treasury to the credit of the District of Columbia.

40 USC 8735 - Sale of land by Secretary of the Interior

(a) Authority To Sell.— 
With the approval of the National Capital Planning Commission, the Secretary of the Interior, for the best interests of the Federal Government, may sell, by deed or instrument, real estate held by the Government in the District of Columbia and under the jurisdiction of the National Park Service which may be no longer needed for public purposes. The land may be sold for cash or on a deferred-payment plan the Secretary approves, at a price not less than the Government paid for it and not less than its present appraised value as determined by the Secretary.
(b) Sale to Highest Bidder.— 
In selling any parcel of land under this section, the Secretary shall have public or private solicitation for bids or offers be made as the Secretary considers appropriate. The Secretary shall sell the parcel to the party agreeing to pay the highest price if the price is otherwise satisfactory. If the price offered or bid by the owner of land abutting the land to be sold equals the highest price offered or bid by any other party, the parcel may be sold to the owner of the abutting land.
(c) Paying Expenses and Depositing Proceeds.— 
The Secretary
(1) may pay the reasonable and necessary expenses of the sale of each parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the Treasury to the credit of the Government and the District of Columbia in the proportion that each
(A) paid the appropriations used to acquire the parcels; or
(B) was obligated to pay the appropriations, at the time of acquisition, by reimbursement.

40 USC 8736 - Execution of deeds

The Mayor of the District of Columbia may execute deeds of conveyance for real estate sold under this subchapter. The deeds shall contain a full description of the land sold as required by law.

40 USC 8737 - Authorization of appropriations

An amount equal to not more than one cent for each inhabitant of the continental United States as determined by the last preceding decennial census may be appropriated each year in the District of Columbia Appropriation Act for the National Capital Planning Commission to use for the payment of its expenses and for the acquisition of land the Commission may acquire under section 8731 of this title for the purposes named, including compensation for the land, surveys, ascertainment of title, condemnation proceedings, and necessary conveyancing. The appropriated amounts shall be paid from the revenues of the District of Columbia and the general amounts of the Treasury in the same proportion as other expenses of the District of Columbia.

TITLE 40 - US CODE - CHAPTER 89 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

40 USC 8901 - Purposes

The purposes of this chapter are
(1) to preserve the integrity of the comprehensive design of the LEnfant and McMillan plans for the Nations Capital;
(2) to ensure the continued public use and enjoyment of open space in the District of Columbia and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;
(3) to preserve, protect and maintain the limited amount of open space available to residents of, and visitors to, the Nations Capital; and
(4) to ensure that future commemorative works in areas administered by the National Park Service and the Administrator of General Services in the District of Columbia and its environs
(A) are appropriately designed, constructed, and located; and
(B) reflect a consensus of the lasting national significance of the subjects involved.

40 USC 8902 - Definitions and nonapplication

(a) Definitions.— 
In this chapter:
(1) Commemorative work.— 
The term commemorative work means any statue, monument, sculpture, memorial, plaque, inscription, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of an individual, group, event or other significant element of American history, except that the term does not include any such item which is located within the interior of a structure or a structure which is primarily used for other purposes.
(2) The district of columbia and its environs.— 
The term the District of Columbia and its environs means those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled Commemorative Areas Washington, DC and Environs, numbered 869/86501 B, and dated June 24, 2003.
(3) Reserve.— 
The term Reserve means the great cross-axis of the Mall, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, as depicted on the map referenced in paragraph (2).
(4) Sponsor.— 
The term sponsor means a public agency, or an individual, group or organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, and which is authorized by Congress to establish a commemorative work in the District of Columbia and its environs.
(b) Nonapplication.— 
This chapter does not apply to commemorative works authorized by a law enacted before January 3, 1985.

40 USC 8903 - Congressional authorization of commemorative works

(a) In General.— 
Commemorative works
(1) may be established on federal lands referred to in section 8901 (4) of this title only as specifically authorized by law; and
(2) are subject to applicable provisions of this chapter.
(b) Military Commemorative Works.— 
A military commemorative work may be authorized only to commemorate a war or similar major military conflict or a branch of the armed forces. A commemorative work solely commemorating a limited military engagement or a unit of an armed force may not be authorized. Commemorative works to a war or similar major military conflict may not be authorized until at least 10 years after the officially designated end of such war or conflict.
(c) Works Commemorating Events, Individuals, or Groups.— 
A commemorative work commemorating an event, individual, or group of individuals, except a military commemorative work as described in subsection (b), may not be authorized until after the 25th anniversary of the event, death of the individual, or death of the last surviving member of the group.
(d) Consultation with National Capital Memorial Advisory Commission.— 
In considering legislation authorizing commemorative works in the District of Columbia and its environs, the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate shall solicit the views of the National Capital Memorial Advisory Commission.
(e) Expiration of Legislative Authority.— 
Any legislative authority for a commemorative work shall expire at the end of the seven-year period beginning on the date of the enactment of such authority, or at the end of the seven-year period beginning on the date of the enactment of legislative authority to locate the commemorative work within Area I, if such additional authority has been granted, unless
(1) the Secretary of the Interior or the Administrator of General Services (as appropriate) has issued a construction permit for the commemorative work during that period; or
(2) the Secretary or the Administrator (as appropriate), in consultation with the National Capital Memorial Advisory Commission, has made a determination that
(A) final design approvals have been obtained from the National Capital Planning Commission and the Commission of Fine Arts; and
(B) 75 percent of the amount estimated to be required to complete the commemorative work has been raised.

If these two conditions have been met, the Secretary or the Administrator (as appropriate) may extend the seven-year legislative authority for a period not to exceed three additional years. Upon expiration of the legislative authority, any previous site and design approvals shall also expire.

40 USC 8904 - National Capital Memorial Advisory Commission

(a) Establishment and Composition.— 
There is established the National Capital Memorial Advisory Commission, which shall be composed of
(1) the Director of the National Park Service;
(2) the Architect of the Capitol;
(3) the Chairman of the American Battle Monuments Commission;
(4) the Chairman of the Commission of Fine Arts;
(5) the Chairman of the National Capital Planning Commission;
(6) the Mayor of the District of Columbia;
(7) the Commissioner of the Public Buildings Service of the General Services Administration; and
(8) the Secretary of Defense.
(b) Chairman.— 
The Director is the Chairman of the National Capital Memorial Commission.
(c) Advisory Role.— 
The National Capital Memorial Advisory Commission shall advise the Secretary of the Interior and the Administrator of General Services (as appropriate) on policy and procedures for establishment of, and proposals to establish, commemorative works in the District of Columbia and its environs and on other matters concerning commemorative works in the Nations Capital as the Commission considers appropriate.
(d) Meetings.— 
The National Capital Memorial Advisory Commission shall meet at least twice annually.

40 USC 8905 - Site and design approval

(a) Consultation on, and Submission of, Proposals.— 
A sponsor authorized by law to establish a commemorative work in the District of Columbia and its environs may request a permit for construction of the commemorative work only after the following requirements are met:
(1) Consultation.— 
The sponsor must consult with the National Capital Memorial Advisory Commission regarding the selection of alternative sites and design concepts for the commemorative work.
(2) Submittal.— 
Following consultation in accordance with clause (1), the Secretary of the Interior or the Administrator of General Services, as appropriate, must submit, on behalf of the sponsor, site and design proposals to the Commission of Fine Arts and the National Capital Planning Commission for their approval.
(b) Decision Criteria.— 
In considering site and design proposals, the Commission of Fine Arts, National Capital Planning Commission, and the Secretary or Administrator (as appropriate) shall be guided by, but not limited by, the following criteria:
(1) Surroundings.— 
To the maximum extent possible, a commemorative work shall be located in surroundings that are relevant to the subject of the work.
(2) Location.— 
A commemorative work shall be located so that
(A) it does not interfere with, or encroach on, an existing commemorative work; and
(B) to the maximum extent practicable, it protects open space, existing public use, and cultural and natural resources.
(3) Material.— 
A commemorative work shall be constructed of durable material suitable to the outdoor environment.
(4) Landscape features.— 
Landscape features of commemorative works shall be compatible with the climate.
(5) Museums.— 
No commemorative work primarily designed as a museum may be located on lands under the jurisdiction of the Secretary in Area I or in East Potomac Park as depicted on the map referenced in section 8902 (2).[1]
(6) Site-specific guidelines.— 
The National Capital Planning Commission and the Commission of Fine Arts may develop such criteria or guidelines specific to each site that are mutually agreed upon to ensure that the design of the commemorative work carries out the purposes of this chapter.
(7) Donor contributions.— 
Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site.
[1] So in original. Probably should be section “8902(a)(2).”

40 USC 8906 - Criteria for issuance of construction permit

(a) Criteria for Issuing Permit.— 
Before issuing a permit for the construction of a commemorative work in the District of Columbia and its environs, the Secretary of the Interior or Administrator of General Services, as appropriate, shall determine that
(1) the site and design have been approved by the Secretary or Administrator, the National Capital Planning Commission and the Commission of Fine Arts;
(2) knowledgeable individuals qualified in the field of preservation and maintenance have been consulted to determine structural soundness and durability of the commemorative work and to ensure that the commemorative work meets high professional standards;
(3) the sponsor authorized to construct the commemorative work has submitted contract documents for construction of the commemorative work to the Secretary or Administrator; and
(4) the sponsor authorized to construct the commemorative work has available sufficient amounts to complete construction of the project.
(b) Donation for Perpetual Maintenance and Preservation.— 

(1) In addition to the criteria described above in subsection (a), no construction permit shall be issued unless the sponsor authorized to construct the commemorative work has donated an amount equal to 10 percent of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work. All such amounts shall be available for those purposes pursuant to the provisions of this subsection. The provisions of this subsection shall not apply in instances when the commemorative work is constructed by a Department or agency of the Federal Government and less than 50 percent of the funding for such work is provided by private sources.
(2) Notwithstanding any other provision of law, money on deposit in the Treasury on the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 provided by a sponsor for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury.
(3) Money provided by a sponsor pursuant to the provisions of this subsection after the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 shall be credited to a separate account with the National Park Foundation.
(4) Upon request of the Secretary or Administrator (as appropriate), the Secretary of the Treasury or the National Park Foundation shall make all or a portion of such moneys available to the Secretary or the Administrator (as appropriate) for the maintenance of a commemorative work. Under no circumstances may the Secretary or Administrator request funds from a separate account exceeding the total money in the account established under paragraph (2) or (3). The Secretary and the Administrator shall maintain an inventory of funds available for such purposes. Funds provided under this paragraph shall be available without further appropriation and shall remain available until expended.
(c) Suspension for Misrepresentation in Fundraising.— 
The Secretary of the Interior or Administrator may suspend any activity under this chapter that relates to the establishment of a commemorative work if the Secretary or Administrator determines that fundraising" target="_blank" title="fundraising">fundraising efforts relating to the work have misrepresented an affiliation with the work or the Federal Government.
(d) Annual Report.— 
The person authorized to construct a commemorative work under this chapter must submit to the Secretary of the Interior or Administrator an annual report of operations, including financial statements audited by an independent certified public accountant. The person shall pay for the report.

40 USC 8907 - Temporary site designation

(a) Criterion for Designation.— 
If the Secretary of the Interior, in consultation with the National Capital Memorial Commission, determines that a site where commemorative works may be displayed on a temporary basis is necessary to aid in the preservation of the limited amount of open space available to residents of, and visitors to, the Nations Capital, a site may be designated on land the Secretary administers in the District of Columbia.
(b) Plan.— 
A designation may be made under subsection (a) only if, at least 120 days before the designation, the Secretary, in consultation with the Commission, prepares and submits to Congress a plan for the site. The plan shall include specifications for the location, construction, and administration of the site and criteria for displaying commemorative works at the site.
(c) Risk and Agreement To Indemnify.— 
A commemorative work displayed at the site shall be installed, maintained, and removed at the sole expense and risk of the person authorized to display the work. The person shall agree to indemnify the United States for any liability arising from the display of the commemorative work under this section.

40 USC 8908 - Areas I and II

(a) Availability of Map.— 
The Secretary of the Interior or the Administrator of General Services (as appropriate) shall make available, for public inspection at appropriate offices of the National Park Service and the General Services Administration, the map entitled Commemorative Areas Washington, DC and Environs, numbered 869/86501 B, and dated June 24, 2003.
(b) Specific Conditions Applicable to Area I and Area II.— 

(1) Area i.— 
After seeking the advice of the National Capital Memorial Commission, the Secretary or Administrator, as appropriate, may recommend the location of a commemorative work in Area I only if the Secretary or Administrator decides that the subject of the commemorative work is of preeminent historical and lasting significance to the United States. The Secretary or Administrator shall notify the Commission, the Committee on House Administration of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate of the recommendation that a commemorative work should be located in Area I. The location of a commemorative work in Area I is deemed to be authorized only if the recommendation is approved by law not later than 150 calendar days after the notification.
(2) Area ii.— 
Commemorative works of subjects of lasting historical significance to the American people may be located in Area II.
(c) Reserve.— 
After the date of enactment of the Commemorative Works Clarification and Revision Act of 2003, no commemorative work or visitor center shall be located within the Reserve.

40 USC 8909 - Administrative

(a) Maintenance of Documentation of Design and Construction.— 
Complete documentation of design and construction of each commemorative work located in the District of Columbia and its environs shall be provided to the Secretary of the Interior or Administrator of General Services, as appropriate, and shall be permanently maintained in the manner provided by law.
(b) Responsibility for Maintenance of Completed Work.— 
On completion of any commemorative work in the District of Columbia and its environs, the Secretary or Administrator, as appropriate, shall assume responsibility for maintaining the work.
(c) Regulations or Standards.— 
The Secretary and Administrator shall prescribe appropriate regulations or standards to carry out this chapter.

TITLE 40 - US CODE - CHAPTER 91 - COMMISSION OF FINE ARTS

40 USC 9101 - Establishment, composition, and vacancies

(a) Establishment.— 
There is a Commission of Fine Arts.
(b) Composition.— 
The Commission is composed of seven well-qualified judges of the fine arts, appointed by the President, who serve for four years each or until their successors are appointed and qualified.
(c) Vacancies.— 
The President shall fill vacancies on the Commission.
(d) Expenses.— 
Members of the Commission shall be paid actual expenses in traveling to and from the District of Columbia to attend Commission meetings and while attending those meetings.

40 USC 9102 - Duties

(a) In General.— 
The Commission of Fine Arts shall advise on
(1) the location of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia;
(2) the selection of models for statues, fountains, and monuments erected under the authority of the Federal Government;
(3) the selection of artists to carry out clause (2); and
(4) questions of art generally when required to do so by the President or a committee of Congress.
(b) Duty To Request Advice.— 
The officers required to decide the questions described in subsection (a)(1)(3) shall request the Commission to provide the advice.
(c) Nonapplication.— 
This section does not apply to the Capitol Building and the Library of Congress buildings.

40 USC 9103 - Personnel

The Commission of Fine Arts has a secretary and other assistance the Commission authorizes. The secretary is the executive officer of the Commission.

40 USC 9104 - Authorization of appropriations

Necessary amounts may be appropriated to carry out this chapter.

TITLE 40 - US CODE - CHAPTER 93 - THEODORE ROOSEVELT ISLAND

40 USC 9301 - Maintenance and administration

The Director of the National Park Service shall maintain and administer Theodore Roosevelt Island as a natural park for the recreation and enjoyment of the public.

40 USC 9302 - Consent of Theodore Roosevelt Association required for development

(a) General Plan for Development.— 
The Theodore Roosevelt Association must approve every general plan for the development of Theodore Roosevelt Island.
(b) Development Inconsistent With Plan.— 
As long as the Association remains in existence, development inconsistent with the general plan may not be carried out without the Associations consent.

40 USC 9303 - Access to Theodore Roosevelt Island

Subject to the approval of the National Capital Planning Commission and the availability of appropriations, the Director of the National Park Service may provide suitable means of access to and on Theodore Roosevelt Island.

40 USC 9304 - Source of appropriations

The appropriations needed for construction of suitable means of access to and on Theodore Roosevelt Island and annually for the care, maintenance, and improvement of the land and improvements may be made from amounts not otherwise appropriated from the Treasury.

TITLE 40 - US CODE - CHAPTER 95 - WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE DISTRICT OF COLUMBIA

40 USC 9501 - Chief of Engineers

(a) Superintendence Duties.— 

(1) Washington aqueduct and other public works and improvements in the district of columbia.— 
The Chief of Engineers has the immediate superintendence of
(A) the Washington Aqueduct, together with all rights, appurtenances, and fixtures connected with the Aqueduct and belonging to the Federal Government; and
(B) all other public works and improvements in the District of Columbia in which the Government has an interest and which are not otherwise specially provided for by law.
(2) Obeying regulations.— 
In carrying out paragraph (1), the Chief of Engineers shall obey regulations the President prescribes, through the Secretary of the Army.
(b) No Increase in Compensation.— 
The Chief of Engineers shall not receive additional compensation for the services required under this chapter.
(c) Office.— 
The Chief of Engineers shall be furnished an office in one of the public buildings in the District of Columbia, as the Administrator of General Services directs, and shall be supplied by the Federal Government with stationery, instruments, books, and furniture which may be required for the performance of the duties of the Chief of Engineers.

40 USC 9502 - Authority of Chief of Engineers

(a) In General.— 
The Chief of Engineers and necessary assistants may use all lawful means to carry out their duties.
(b) Supply of Water in District of Columbia.— 

(1) Providing water.— 
The Chief of Engineers has complete control over the Washington Aqueduct to regulate the manner in which the authorities of the District of Columbia may tap the supply of water to the inhabitants of the District of Columbia.
(2) Stoppage of water flow.— 
The Chief of Engineers shall stop the authorities of the District of Columbia from tapping the supply of water when the supply is no more than adequate to the wants of the public buildings and grounds.
(3) Appeal of decision.— 
The decision of the Chief of Engineers on all questions concerning the supply of water under this subsection may be appealed only to the Secretary of the Army.

40 USC 9503 - Record of property

The Chief of Engineers shall keep in the office a complete record of all land and other property connected with or belonging to the Washington Aqueduct and other public works under the charge of the Chief of Engineers, together with accurate plans and surveys of the public grounds and reservations in the District of Columbia.

40 USC 9504 - Reports

As superintendent of the Washington Aqueduct, the Chief of Engineers annually shall submit to the Secretary of the Army, within nine months after the end of the fiscal year, a report of the Chief of Engineers operations for that year and a report of the condition, progress, repairs, casualties, and expenditures of the Washington Aqueduct and other public works under the charge of the Chief of Engineers.

40 USC 9505 - Paying for main pipes

(a) Federal Government.— 
The Federal Government shall only pay for the number of main pipes of the Washington Aqueduct needed to furnish public buildings, offices, and grounds with the necessary supply of water.
(b) District of Columbia.— 
The District of Columbia shall pay the cost of any main pipe of the Washington Aqueduct which supplies water to the inhabitants of the District of Columbia, in the manner provided by law.

40 USC 9506 - Civil penalty

A person that, without the consent of the Chief of Engineers, taps or opens the mains or pipes laid by the Federal Government is liable to the Government for a civil penalty of at least $50 and not more than $500.

40 USC 9507 - Control of expenditures

Unless expressly provided for by law, the Secretary of the Army shall direct the expenditure of amounts appropriated for the Washington Aqueduct and for other public works in the District of Columbia.