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TITLE 40-PUBLIC BUILDINGS, PROPERTY, AND WORKS

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"(a) DEFINITIONS.-In this section:

National Capital Area Interest Ar

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§ 13n. Policing authority

[See main edition for text of (a) and (b)]

(c) Termination of authority; reporting requirements; duties with respect to an official guest of Supreme Court

The authority created under subsection (a)(2) of this section shall expire on December 29, 2000. The Marshal of the Supreme Court shall report annually to the Congress on March 1 regarding the administrative cost of carrying out his duties under such subsection. Duties under subsection (a)(2)(A) of this section with respect to an official guest of the Supreme Court in any part of the United States (other than the District of Columbia, Maryland, and Virginia) shall be authorized in writing by the Chief Justice of the United States or an Associate Justice of the Supreme Court, if such duties require the carrying of firearms under subsection (a)(5) of this section.

[See main edition for text of (d)]

(As amended Pub. L. 104-280, §1, Oct. 9, 1996, 110 Stat. 3359.)

AMENDMENTS

1996 Subsec. (c). Pub. L. 104-280 substituted "2000" for "1996".

§ 34. Rent of buildings in District of Columbia; contracts not to be made until appropriation

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 356 of this title; title 8 section 1363a; title 15 section 2076; title 19 section 2081; title 26 section 7608; title 42 sections 242b. 282, 285a-2, 285b-3, 299c-5, 300cc-41, 1532, 2473.

§ 45. Chief of Engineers; charge of Washington Aqueduct and other public works

WASHINGTON AQUEDUCT

Pub. L. 104-182, title III, §306, Aug. 6. 1996, 110 Stat. 1685, provided that:

Page 799

"(1) NON-FEDERAL PUBLIC WATER SUPPLY CUSTOMER.-The terms 'non-Federal public water supply customer' and 'customer' mean

"(A) the District of Columbia;

"(B) Arlington County, Virginia; and
"(C) the city of Falls Church, Virginia.

"(2) SECRETARY.-The term 'Secretary' means the Secretary of the Army, acting through the Chief of Engineers.

"(3) VALUE TO THE GOVERNMENT.-The term 'value to the Government' means the net present value of a contract entered into under subsection (e)(2), calculated in accordance with subparagraphs (A) and (B) of section 502(5) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(5)), other than section 502(5)(B)(I) [probably means section 502(5)(B)(i)] of the Act, as though the contract provided for repayment of a direct loan to a customer.

"(4) WASHINGTON AQUEDUCT.-The term 'Washington Aqueduct' means the Washington Aqueduct facilities and related facilities owned by the Federal Government as of the date of enactment of this Act [Aug. 6, 1996], including

"(A) the dams, intake works, conduits, and pump stations that capture and transport raw water from the Potomac River to the Dalecarlia Reservoir; "(B) the infrastructure and appurtenances used to treat water taken from the Potomac River to potable standards; and

"(C) related water distribution facilities. "(b) REGIONAL ENTITY.

"(1) IN GENERAL.-The Congress encourages and grants consent to the customers to establish a nonFederal public or private entity, or to enter into an agreement with an existing non-Federal public or private entity, to

"(A) receive title to the Washington Aqueduct; and

"(B) operate, maintain, and manage the Washington Aqueduct in a manner that adequately represents all interests of its customers.

"(2) CONSIDERATION.-If an entity receiving title to the Washington Aqueduct is not composed entirely of non-Federal public water supply customers, the entity shall consider the customers' historical provision of equity for the Aqueduct.

"(3) PRIORITY ACCESS.-The customers shall have priority access to any water produced by the Washington Aqueduct.

"(4) CONSENT OF THE CONGRESS.-The Congress grants consent to the customers to enter into any interstate agreement or compact required to carry out this section.

"(5) STATUTORY CONSTRUCTION.-This section shall not preclude the customers from pursuing any option regarding ownership, operation, maintenance, and management of the Washington Aqueduct.

"(c) PROGRESS REPORT AND PLAN.-Not later than 1 year after the date of enactment of this Act [Aug. 6, 1996], the Secretary shall report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on any progress in achieving the objectives of subsection (b)(1) and shall submit a

plan for the transfer of ownership, operation, maintenance, and management of the Washington Aqueduct to a non-Federal public or private entity. Such plan shall include a detailed consideration of any proposal to transfer such ownership, maintenance, or management to a private entity.

"(d) TRANSFER.

"(1) IN GENERAL.-Subject to subsection (b)(2), the other provisions of this subsection, and any other terms and conditions the Secretary considers appropriate to protect the interests of the United States, the Secretary shall, not later than 3 years after the date of enactment of this Act [Aug. 6, 1996] and with the consent of a majority of the customers and without consideration to the Federal Government, transfer all right, title, and interest of the United States in the Washington Aqueduct, and its real property, facilities, and personalty, to a non-Federal, public or private entity. Approval of such transfer shall not be unreasonably withheld by the Secretary.

"(2) ADEQUATE CAPABILITIES.-The Secretary shall transfer ownership of the Washington Aqueduct under paragraph (1) only if the Secretary determines, after opportunity for public input, that the entity to receive ownership of the Aqueduct has the technical, managerial, and financial capability to operate, maintain, and manage the Aqueduct.

"(3) RESPONSIBILITIES.-The Secretary shall not transfer title under this subsection unless the entity to receive title assumes full responsibility for performing and financing the operation, maintenance, repair, replacement, rehabilitation, and necessary capital improvements of the Washington Aqueduct so as to ensure the continued operation of the Washington Aqueduct consistent with the Aqueduct's intended purpose of providing an uninterrupted supply of potable water sufficient to meet the current and future needs of the Aqueduct's service area. "(e) BORROWING AUTHORITY.—

"(1) BORROWING.

"(A) IN GENERAL.-Subject to the other provisions of this paragraph and paragraph (2), the Secretary is authorized to borrow from the Treasury of the United States such amounts for fiscal years 1997, 1998, and 1999 as are sufficient to cover any obligations that the Army Corps of Engineers is required to incur in carrying out capital improvements during fiscal years 1997, 1998, and 1999 for the Washington Aqueduct to ensure continued operation of the Aqueduct until such time as a transfer of title to the Aqueduct has taken place.

“(E)[(B)] LIMITATION.-The amount borrowed by the Secretary under subparagraph (A) may not exceed $29,000,000 for fiscal year 1997, $24,000,000 for fiscal year 1998, and $22,000,000 for fiscal year 1999.

"(C) AGREEMENT.-Amounts borrowed under subparagraph (A) may only be used for capital improvements agreed to by the Army Corps of Engineers and the customers.

"(D) TERMS OF BORROWING.

"(i) IN GENERAL.-The Secretary of the Treasury shall provide the funds borrowed under subparagraph (A) under such terms and conditions as the Secretary of Treasury determines to be necessary and in the public interest and subject to the contracts required under paragraph (2).

"(ii) TERM.-The term of any loan made under subparagraph (A) shall be for a period of not less than 20 years.

"(iii) PREPAYMENT.-There shall be no penalty for the prepayment of any amounts borrowed under subparagraph (A).

"(2) CONTRACTS WITH CUSTOMERS.—

"(A) IN GENERAL.-The borrowing authority under paragraph (1)(A) shall be effective only after the Chief of Engineers has entered into contracts with each customer under which the customer commits to repay a pro rata share (based on water purchase) of the principal and interest owed by the Secretary to the Secretary of the Treasury under paragraph (1).

"(B) PREPAYMENT.-Any customer may repay, at any time, the pro rata share of the principal and interest then owed by the customer and outstanding. or any portion thereof, without penalty.

"(C) RISK OF DEFAULT.-Under each of the contracts, the customer that enters into the contract shall commit to pay any additional amount necessary to fully offset the risk of default on the contract.

"(D) OBLIGATIONS.-Each contract under subparagraph (A) shall include such terms and conditions as the Secretary of the Treasury may require so that the value to the Government of the contracts entered into under subparagraph (A) is estimated to be equal to the obligations of the Army Corps of Engineers for carrying out capital improvements at the Washington Aqueduct at the time that each series of contracts is entered into.

"(E) OTHER CONDITIONS.-Each contract entered into under subparagraph (A) shall—

"(i) provide that the customer pledges future income only from fees assessed for principal and interest payments required by such contracts and costs to operate and maintain the Washington Aqueduct;

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

"(iii) include other conditions consistent with this section that the Secretary of the Treasury determines to be appropriate.

"(3) LIMITATIONS.

"(A) BORROWING AUTHORITY.-The Secretary's borrowing authority for making capital improvements at the Washington Aqueduct under paragraph (1) shall not extend beyond fiscal year 1999.

"(B) OBLIGATION AUTHORITY.-Upon expiration of the borrowing authority exercised under paragraph (1), the Secretary shall not obligate funds for making capital improvements at the Washington Aqueduct except funds which are provided in advance by the customers. This limitation does not affect the Secretary's authority to conduct normal operation and maintenance activities, including minor repair and replacement work.

"(4) IMPACT ON IMPROVEMENT PROGRAM.-Not later than 180 days after the date of enactment of this Act [Aug. 6, 1996], the Secretary, in consultation with other Federal agencies, shall transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that assesses the impact of the borrowing authority provided under this subsection on the near-term improvement projects in the Washington Aqueduct Improvement Program, work scheduled, and the financial liability to be incurred.

"(f) REISSUANCE OF NPDES PERMIT.-Prior to reissuing a National Pollutant Discharge Elimination System (NPDES) permit for the Washington Aqueduct, the Administrator of the Environmental Protection Agency shall consult with the customers and the Secretary regarding opportunities for more efficient water facility configurations that might be achieved through various possible transfers of the Washington Aqueduct. Such consultation shall include specific consideration of concerns regarding a proposed solids recovery facility, and may include a public hearing."

§ 71a. Federal and District planning agencies in National Capital

ABOLITION OF COMMITTEES ON THE DISTRICT OF COLUMBIA

Committee on the District of Columbia of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on the District of Columbia treated as referring to Committee on Government Reform and Oversight of House of Representatives, see section 1(b)

of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

GEOGRAPHIC INFORMATION SYSTEM FEES

Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1589, provided in part: "That beginning in fiscal year 1998 and thereafter, the Commission is authorized to charge fees to cover the full costs of Geographic Information System products and services supplied by the Commission, and such fees shall be credited to this account as an offsetting collection, to remain available until expended."

$71d. Proposed Federal and District developments and projects

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 71, 71a, 71i, 72, 72a, 136, 616 of this title; title 49 section 49111.

§ 71f. Capital improvements

[See main edition for text of (a)]

(b) Submission of multiyear capital improvement plan

The Mayor shall submit to the Commission, by February 1 of each year, a copy of the multiyear capital improvements plan for the District developed by him under section 444 of the District of Columbia Home Rule Act [D.C. Code, § 47-303]. The Commission shall have thirty days within which to comment upon such plan but shall have no authority to change or disapprove of such plan.

(As amended Pub. L. 105-33, title XI, §11717(b), Aug. 5, 1997, 111 Stat. 786.)

AMENDMENTS

1997-Subsec. (b). Pub. L. 105-33 substituted "District of Columbia Home Rule Act" for "District of Columbia Self-Government and Governmental Reorganization

Act".

EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105-33, see section 11721 of Pub. L. 105-33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure.

$130. Courthouse for United States Court of Appeals and United States District Court for the District of Columbia; maintenance and operation; allocation of space

REFERENCES TO COURTHOUSE

Reference to United States Courthouse in District of Columbia deemed reference to "E. Barrett Prettyman United States Courthouse", see section 2 of Pub. L. 104-151, set out as an E. Barrett Prettyman United States Courthouse Designation note under section 129a of this title.

§ 136. National Capital Service Area

CHANGE OF NAME

Reference to Executive Protective Service held to refer to United States Secret Service Uniformed Division pursuant to Pub. L. 95-179, set out as a note under section 202 of Title 3, The President.

$137. Protection of Federal Government buildings in District of Columbia

The Attorney General and the Secretary of the Treasury may prohibit

(1) any vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia used by law enforcement authorities subject to their jurisdiction, that is in whole or in part owned, possessed, or leased to the Federal Government; and

(2) any person or entity from conducting business on any property immediately adjacent to any building described in paragraph (1).

(Pub. L. 104-132, title VIII, §803, Apr. 24, 1996, 110 Stat. 1305.)

§ 138. Repealed. Pub. L. 105-100, title I, §157(f), Nov. 19, 1997, 111 Stat. 2187

Section, Pub. L. 105-33, title XI, §§ 11715, 11717(b), Aug. 5, 1997, 111 Stat. 784, 786, related to requirement that certain Federal officials provide notice before carrying out activities affecting real property located in the District of Columbia.

EFFECTIVE DATE OF REPEAL

Section 157(f) of Pub. L. 105-100 provided that the repeal of this section is effective Oct. 1, 1997.

CHAPTER 2-CAPITOL BUILDING AND GROUNDS

Sec.

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"SECTION 1. DESIGNATION OF COURTHOUSE.

"The United States courthouse located at 3rd Street and Constitution Avenue, Northwest, in Washington, District of Columbia, shall be designated and known as the 'E. Barrett Prettyman United States Courthouse'. "SEC. 2. REFERENCES.

"Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the 'E. Barrett Prettyman United States Courthouse'."

207b.

207c.

207c-1.

Energy conservation and management. Transfer of appropriations for management personnel and miscellaneous restaurant expenses to special deposit account. Establishment by Capitol Police Board of unified schedules of rates of basic pay and leave system; lump sum payments.

(a) Rates of basic pay.

(b) Leave system.

(c) Lump sum payments.

(d) Effect on appointment authority. Establishment of United States Capitol Police Memorial Fund.

Payments from Fund for families of Detective Gibson and Private First Class Chestnut.

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§ 162-1. Appointment of Architect of Capitol

(a) [See main edition for text of (1)]

(2) There is established a commission to recommend individuals to the President for appointment to the office of Architect of the Capitol. The commission shall be composed of

[See main edition for text of (A) to (C)] (D) the chairmen and the ranking minority members of the Committee on House Oversight of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate. The commission shall recommend at least three individuals for appointment to such office.

[See main edition for text of (3)]

(b) Subsection (a) of this section shall be effective in the case of appointments made to fill vacancies in the office of Architect of the Capitol which occur on or after November 21, 1989. If no such vacancy occurs within the six-year period which begins on November 21, 1989, no individual may, after the expiration of such period, hold such office unless the individual is appointed in accordance with subsection (a) of this section. (As amended Pub. L. 104-19, title I, §701, July 27, 1995, 109 Stat. 220.)

AMENDMENTS

1995 Subsec. (a)(2). Pub. L. 104-19, §701(1), (2), substituted "office" for "Office" in first sentence and "commission" for "Commission" in introductory provisions in second sentence.

Subsec. (a)(2)(D). Pub. L. 104-19, §701(3), substituted "Oversight of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate" for "Administration of the House of Representatives and the Committee on Rules and Administration of the Senate".

Subsec. (b). Pub. L. 104-19, §701(1), substituted "office" for "Office" in first sentence.

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed to Committee on House Adminis

tration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

§ 166. Architect of Capitol; repairs of Capitol

CODIFICATION

Provision of R.S. §1816 relating to purchase of furniture or carpets for House or Senate is classified to section 170 of this title.

§ 166a. Omitted

CODIFICATION

Section, Pub. L. 104-197, title I, Sept. 16, 1996, 110 Stat. 2404, which provided that appropriations under the control of the Architect of the Capitol were available for expenses of travel on official business, not to exceed $20,000, was from the Congressional Operations Appropriations Act, 1997, and the Legislative Branch Appropriations Act, 1997, and was not repeated in subsequent appropriation acts.

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 104-53, title I, Nov. 19, 1995, 109 Stat. 527.
Pub. L. 103-283, title I, July 22, 1994, 108 Stat. 1434.

§ 166b-3b. Compensation of certain positions
under jurisdiction of Architect of Capitol
(a) Director of Engineering

Effective as of the first day of the first applicable pay period beginning on or after November 5, 1990, the compensation of the Director of Engineering (under the Architect of the Capitol) shall be equal to such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved.

(b) Other listed positions

(1) Effective beginning with any pay period beginning on or after November 5, 1990, the Architect of the Capitol may fix the rate of basic pay

(A) for not more than one of the positions under paragraph (2) at a rate not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved; and

(B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for such position, not to exceed 85 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved.

[See main edition for text of (2); (c)]

(As amended Pub. L. 105-55, title III, §311(a), (b), Oct. 7, 1997, 111 Stat. 1201.)

AMENDMENTS

1997-Subsec. (a). Pub. L. 105-55, §311(a), substituted "such rate as the Architect considers appropriate, not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under chapter 53 of title 5 for the locality involved" for "the rate of basic pay payable for level V of the Executive Schedule".

Subsec. (b)(1). Pub. L. 105-55, §311(b)(1), struck out at end "For purposes of the preceding sentence, the maximum rate allowable for the Senior Executive Service' means the highest rate of basic pay that may be set for the Senior Executive Service under section 5382(b) of title 5."

Subsec. (b)(1)(A), (B). Pub. L. 105-55, §311(b)(2), substituted "the highest total rate of pay for the Senior

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