United States Code

provide for the performance of such operations, including the use or rental of the civic center or its equipment, motor vehicle parking facilities, concessions, and other activities, by contract entered into with any person, copartnership, corporation, or other public or private entity, upon such terms and conditions as may be stipulated in the agreements, and for such purposes may utilize or employ the services of personnel of any agency or instrumentality of the United States or the District of Columbia, with the consent of such agency or instrumentality, upon a reimbursable or nonreimbursable basis, and may utilize voluntary or uncompensated personnel. (Pub. L. 86-249, § 18, as added Pub. L. 92-520, 3, Oct. 21, 1972, 86 Stat. 1019.)

REFERENCES IN TEXT

For classification in the Code of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d) (2) (A), see Short Title note set out under section 4601 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE

Section 41(a) of Pub. L. 92-520 provided in part that this section and provisions set out as notes under this section shall take effect on Oct. 21, 1972.

SUCCESSION IN GOVERNMENT

The District of Columbia Council and the office of Commissioner of the District of Columbia, as established by Reorg. Plan No. 3 of 1967, were abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-131 of the District of Columbia Code, and replaced by the Council of the District of Columbia and the office of Mayor of the District of Columbia, respectively, as provided by Pub. L. 93-198, title IV, §§ 401, 421, Dec. 24, 1973, 87 Stat. 785, 789, classified to sections 1-141 and 1-161 of the District of Columbia Code.

SHORT TITLE

Section 1 of Pub. L. 92-520 provided that such Act, which enacted this section and provisions set out as notes under this section and other provisions not classified to the Code may be cited as the "Dwight D. Eisenhower Memorial Bicentennial Civic Center Act".

CONGRESSIONAL FINDINGS AND DECLARATION Section 2 of Pub. L. 92-520 provided that:

"The Congress hereby finds and declares that"(1) It is essential to the social and economic development of the District of Columbia to establish major centers of commercial and economic activity within the city;

"(2) such a center of activity would result from the development of a civic center located in the downtown area of the District of Columbia;

"(3) a civic center would (A) attract large numbers of visitors to the downtown area and result in increased business activity in the area surrounding the center; (B) enable national organizations to hold their conventions and other meetings in the District of Columbia and thereby encourage citizens from the entire Nation to visit their Capital City; (C) provide a new source of revenue for the District of Columbia as a consequence of its operations and the expanded commercial activities resulting therefrom; and (D) provide expanded employment opportunities for residents of the District of Columbia;

"(4) it is fitting that said civic center be established as a memorial to the late President, Dwight D. Eisenhower;

"(5) the prompt provision of major convention facilities in the District of Columbia will significantly contribute to the commemoration of the Nation's bicentennial year; and

"(6) the powers conferred by this Act [Pub. 92–520] are for public uses and purposes for which public powers may be employed, public funds may be expended, and the power of eminent domain and the police power may be exercised, and the granting of such powers is necessary in the public interest."

Chapter 16.-GENERAL SERVICES
ADMINISTRATION

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 sections 4601-15, 460bb-2; title 20 section 1221e; title 22 sections 277d-36, 2876.

§ 752. Transfer of functions.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget of the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 754. Redistribution of Administrator's functions.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

§ 755. Transfer of funds.

TRANSFER OF FUNCTIONS

§ 756. General Supply Fund.

(e) Audit; surplus; report to Congress.

(1) As of June 30 of each year, there shall be covered into the United States Treasury as miscellaneous receipts any surplus in the General Supply Fund, all assets, liabilities, and prior losses considered, above the amounts transferred or appropriated to establish and maintain said fund.

(2) The Comptroller General shall make audits of the General Supply Fund in accordance with the provisions of the Accounting and Auditing Act of 1950 and make reports on the results thereof.

(As amended Jan. 2, 1975, Pub. L. 93-604, title VII, § 701, 88 Stat. 1963.)

REFERENCES IN TEXT

The Accounting and Auditing Act of 1950, referred to in subsec. (e) (2), is classified to section 65 et seq. of Title 31, Money and Finance.

AMENDMENTS

1975 Subsec. (e). Pub. L. 93-604 substantially reenacted existing provisions and substituted requirement

that the audit of the General Supply Fund shall be made in accordance with the Accounting and Auditing Act of 1950 for requirement that the audit shall be made as of June 30, and struck out requirement that the Comptroller General shall report to the Congress annually the results of the audit, together with such recommendations as he may have regarding the status and operations of the fund.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 483, 491 of this title.

§ 759. Procurement, maintenance, operation and utilization of automatic data processing equipment.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 1959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Change of Name note set out under this section in the main volume.

Functions of the Office of Management and Budget approving standards on behalf of the President pursuant to subsec. (f) (2) of this section transferred to the Secretary of Commerce, see section 2 of Ex. Ord. No. 11717, May 9, 1973, 38 F.R. 12315, set out as a note under section 16 of Title 31, Money and Finance.

Chapter 17.-ALASKA COMMUNICATIONS

DISPOSAL

§781. Matters relative to transfer.

ABOLITION OF FEDERAL FIELD COMMITTEE FOR DEVELOPMENT PLANNING IN ALAKSA

For termination of Federal Field Committee for Development Planning in Alaska, see Ex. Ord. No. 11608, set out as a note under section 3191 of Title 42, The Public Health and Welfare.

Chapter 18.-NATIONAL VISITOR CENTER FACIL-
ITIES; CAPITOL GUIDE SERVICE
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 49 section 1653.

§ 802. Terms and conditions of agreements and leases. (a) General provisions.

The agreements and leases authorized by section 801 of this title shall be subject to the following terms and conditions:

(2) Commencement; term.

the lease of the Union Station Building shall commence on a date to be mutually agreed upon and shall not be for a term of more than twentyfive years;

(3) Parking facilities; term.

the Company, in consultation with the Secretary, shall construct all or part of a parking facility, including necessary approaches and ramps for adequate circulation, to accommodate automobiles, charter buses, and other transportation, as appropriate, in the airspace northerly of and adjacent to the existing Union Station Building, and such structure shall be leased to the United States for a term not to exceed twenty-five years commencing upon a date to be mutually agreed upon;

(c) Supplemental alterations and construction; competitive bidding or negotiated contract; Federal title; purchase option; limitation of fund. In addition to the alterations and construction by the company pursuant to subsection (a) of this section, the Secretary is authorized to undertake, directly by competitive bidding or, if he deems it to be in the best interest of the United States, by negotiated contract with the company, its successors, agents, and assigns, such alterations and construction, with regard to the Union Station Building and the adjacent parking facility, as he deems necessary to supplement the activities of the company in providing adequate facilities for visitors under the agreements and leases referred to in subsection (a) of this section. The Secretary may exercise the authority under this subsection without regard to whether or not title to the Union Station Building or the airspace adjacent thereto is in the United States: Provided, That he shall have entered into an agreement for a lease (but such lease need not have commenced) with the company incorporating the provisions of paragraph (5) of subsection (a) of this section prior to the exercise of the authority under this subsection: And provided further, That not to exceed $21,580,000 of the funds authorized to be appropriated in section 807 of this title shall be available for the Secretary to carry out the provisions of this subsection. (As amended Pub. L. 93-62, § 1, July 6, 1973, 87 Stat. 146; Pub. L. 93-478, §§ 1-3, Oct. 26, 1974, 88 Stat. 1449.) AMENDMENTS

1974 Subsec. (a) (2). Pub. L. 93-478, § 1, substituted "mutually agreed upon" for "mutually agreed upon contingent upon when such facilities are available for public use,".

Subsec. (a) (3). Pub. L. 93-478, § 2, substituted "shall construct all or part of a parking facility, including necessary approaches and ramps for adequate circulation, to accommodate automobiles, charter buses, and other transportation, as appropriate, in the airspace northerly of and adjacent to the existing Union Station Building, and such structure shall be leased to the United States for a term not to exceed twenty-five years commencing upon a date to be mutually agreed upon" for "shall construct a parking facility, including necessary approaches and ramps, to accommodate as nearly as possible four thousand motor vehicles in the air space northerly of and adjacent to the existing Union Station Building, and such facility shall, upon completion, be leased to the United States for a term not to exceed twenty-five years". Subsec. (c). Pub. L. 93-478, § 3, substituted "$21,580,000" for "$8,680,000".

1973-Subsec. (c). Pub. L. 93-62 added subsec. (c).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 808 of this title; title 49 section 1653.

§ 804. Interpretive transportation services; Federal

areas.

The Secretary is directed to utilize the authority under sections 1 and 2 to 4 of Title 16, as amended and supplemented, to provide interpretive transportation services between or in Federal areas within the District of Columbia and environs, including, but not limited to, transportation of visitors on, among, and between the Mall, the Ellipse, the National Visitor Center, John F. Kennedy Center for the Performing Arts, and East and West Potomac Park, and such other visitor facilities as may be established pursuant to this chapter, and, with the concurrence of

the Architect of the Capitol, to provide such services on, among, and between such areas and the United States Capitol Grounds. The Secretary shall determine that such services are desirable to facilitate visitation and to insure proper management and protection of such areas. Such interpretive transportation services shall, notwithstanding any other provision of law to the contrary, be deemed transportation by the United States and shall be under the sole and exclusive charge and control of the Secretary. (As amended Pub. L. 93-62, § 2, July 6, 1973, 87 Stat. 146).

875. Powers of Corporation.

876. Powers of cther Federal and local agencies in the development area; certification of new construction, etc.

877. Corporation as grantee of property and party to proceedings; services of local redevelopment agency; displaced owners and tenants, preferential right. 878. Local needs, primary consideration; compliance with District laws, ordinances, etc.

879. Tax exemption; payments to District of Columbia government.

880. Report to President and Congress.

881. Civil service retirement and disability fund; contributions.

882. Assets and funds for conduct of business.

883. Violations and penalties.

884. Separability of provisions.

885. Authorization of appropriations; prohibition against appropriations from Land and Water Conservation

Fund.

§ 871. Congressional findings.

The Congress finds and declares

(a) that it is in the national interest that the area adjacent to Pennsylvania Avenue between the Capitol and the White House, most of which was designated on September 30, 1965, as a national historic site under the Historic Sites Act of August 21, 1935, be developed, maintained, and used in a manner suitable to its ceremonial, physical, and

historic relationship to the legislative and executive branches of the Federal Government and to the governmental buildings, monuments, memorials, and parks in or adjacent to the area;

(b) that the area adjacent to Pennsylvania Avenue between the Capitol and the White House, because of its blighted character, imposes severe public, economic, and social liabilities upon the District of Columbia as the seat of the government of the United States, thereby impeding its sound growth and development and constituting a serious and growing threat to the public health, safety, morals, and welfare of its inhabitants;

(c) that to insure suitable development, maintenance, and use of the area and the elimination of blight, it is essential that there be developed and carried out as an entirety plans for this area which will specify the uses, both public and private, to which property is to be put, the programing and financing of necessary acquisitions, construction, reconstruction, and other activities;

(d) that such duties and responsibilities can best be developed and carried out by vesting the requisite powers in a Federal corporation which can take maximum advantage of the private as well as the public resources which will be neces

sary;

(e) that the powers conferred by this chapter are for public uses and purposes for which public powers may be employed, public funds may be expended, and the power of eminent domain and the police power may be exercised, and the granting of such powers is necessary in the public interest; and

(f) that the area thus to be developed, maintained, and used in accordance with the provisions of this chapter (hereinafter referred to as the development area) shall be the area bounded as follows:

Beginning at a point on the south west corner of the intersection of Fifteenth Street and E Street Northwest;

thence proceeding easterly along the southerly side of E Street to the southwest corner of the intersection of Thirteenth Street and Pennsylvania Avenue Northwest;

thence southeasterly along the southerly side of Pennsylvania Avenue to a point being the southeast corner of the intersection of Pennsylvania Avenue and Third Street Northwest;

thence northerly along the east side of Third Street to the northeast corner of the intersection of C Street and Third Street Northwest;

thence westerly along the north side of C Street to the northeast corner of the intersection of C Street and Sixth Street Northwest;

thence northerly along the east side of Sixth Street to the northeast corner of the intersection of E Street and Sixth Street Northwest;

thence westerly along the north side of E Street to the northeast corner of the intersection of E Street and Seventh Street Northwest;

thence northerly along the east side of Seventh Street to the northeast corner of the intersection of Seventh Street and F Street Northwest;

thence westerly along the north side of F Street to the northwest corner of the intersection of F Street and Ninth Street Northwest;

thence southerly along the west side of Ninth Street to the northwest corner of the intersection of Ninth Street and E Street Northwest;

thence westerly along the north side of E Street to the northeast corner of the intersection of E Street and Thirteenth Street Northwest;

thence northerly along the east side of Thirteenth Street to the northeast corner of the intersection of F Street and Thirteenth Street Northwest;

thence westerly along the north side of F Street to the northwest corner of the intersection of F Street and Fifteenth Street Northwest;

thence northerly along the west side of Fifteenth Street to the northwest corner of the intersection of Pennsylvania Avenue and Fifteenth Street Northwest;

thence westerly along the southern side of Pennsylvania Avenue to the southeast corner of the intersection of Pennsylvania Avenue and East Executive Avenue Northwest;

thence southerly along the east side of East Executive Avenue to the intersection of South Executive Place and E Street Northwest;

thence easterly along the south side of E Streeet to the point of beginning being the southwest corner of the intersection of Fifteenth Street and E Street Northwest.

(Pub. L. 92-578, § 2, Oct. 27, 1972, 86 Stat. 1266.)

REFERENCES IN TEXT

Historic Sites Act of August 21, 1935, referred to in subsec. (a), is classified to section 461 et seq. of Title 16, Conservation.

SHORT TITLE

Section 1 of Pub. L. 92-578 provided: "That this Act [which enacted this chapter and amended section 846 of Title 31] may be cited as the 'Pennsylvania Avenue Development Corporation Act of 1972"."

§ 872. Pennsylvania Avenue Development Corporation; establishment; Board of Directors; term; Chairman; compensation; meetings; quorum; Advisory Board.

(a) There is hereby created a body corporate to be known as the Pennsylvania Avenue Development Corporation (hereinafter referred to as the "Corporation").

(b) The Corporation shall be dissolved upon completion, as determined by the Board of Directors, of its implementation of the development plan provided for in section 874 of this title. Upon dissolution, assets remaining after all the obligations and indebtedness of the Corporation has been fulfilled and paid or satisfied shall be the assets of the United States.

(c) The powers and management of the Corporation shall be vested in a Board of Directors consisting of fifteen members, as follows:

(1) The Secretary of the Interior;
(2) The Secretary of the Treasury;

(3) The Secretary of Housing and Urban Development;

(4) The Secretary of Transportation;

(5) The Administrator of General Services;

(6) The Commissioner of the District of Columbia;

(7) The Chairman, District of Columbia Council; and

(8) Eight, at least four of whom shall be residents and who are registered voters of the District of Columbia, appointed by the President from private life, who shall have knowledge and experience in one or more fields of history, architecture, city planning, retailing, real estate, construction, or government.

(d) Each member of the Board of Directors specified in paragraphs (1) through (7) of subsection (c) of this section may designate another official to serve on the Board in his stead if unable to serve in person.

(e) Each member of the Board of Directors appointed under paragraph (8) of subsection (c) of this section shall serve for a term of six years from the expiration of his predecessor's term; except that (1) any Director appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of office of the Directors first taking office shall begin on October 27, 1972, and shall expire as designated at the time of appointment, two at the end of two years, two at the end of four years, and four at the end of six years. A Director may continue to serve until his successor has qualified.

(f) The President shall designate a Chairman and a Vice Chairman from among the members of the Board of Directors, chosen from private life.

(g) The Chairman, upon his appointment, shall invite to serve on the Board of Directors as nonvoting members the following:

(1) The Chairman of the Commission of Fine Arts;

(2) The Chairman of the National Capital Planning Commission;

(3) The Secretary of the Smithsonian Institution;

(4) The Director of the National Gallery of Art; (5) The Architect of the Capitol;

(6) The Archivist of the United States;

(7) The Chairman of the District of Columbia, Commission on the Arts; and

(8) The Chairman of the District of Columbia Redevelopment Land Agency.

(h) Members of the Board of Directors who are officers or employees of the Federal or District of Columbia government shall receive no additional compensation by virtue of their membership on the Board. Other members of the Board, when engaged in the activities of the Corporation, shall be entitled to receive compensation at the daily equivalent of the rate for GS-18 of the General Schedule, and travel expenses, including per diem in lieu of subsistence, as authorized by law (sections 5703(b)–(d) and 5707 of Title 5) for persons in the Government service employed intermittently.

(i) The Board of Directors shall meet at the call of the Chairman, who shall require it to meet not less often than once each three months. A majority of the voting members of the Board of Directors (or

their designated alternates) shall constitute a quorum.

(j) There shall be established a nonvoting Advisory Board of seven members appointed by the Chairman from among tenants and owners of real property within the development area. The Advisory Board shall meet at least twice annually with the Board of Directors, and shall otherwise offer such advice and assistance as may be of benefit to the Board of Directors during preparation of the development plan. (Pub. L. 92-578, § 3, Oct. 27, 1972, 86 Stat. 1267.)

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (h), is set out under section 5332 of Title 5, Government Organization and Employees.

SUCCESSION IN GOVERNMENT

§ 873. Board of Directors.

(a) Executive Director and other officers and employees.

The Board of Directors shall have the power to appoint and fix the compensation and duties of the Executive Director and such other officers and employees of the Corporation as may be necessary for the efficient administration of the Corporation; the Executive Director and two other officers of the Corporation may be appointed and compensated without regard to the provisions of Title 5 governing appointments in the competitive service and chapter 51 and subchapter 53 of Title 5.1

(b) Procurement of services of experts.

The Board of Directors is authorized to procure the temporary (not in excess of one year) or intermittent services of city planners, architects, engineers, appraisers, and other experts or consultants or organizations thereof in accordance with section 3109 of Title 5, but at rates for individuals not in excess of the rate in effect for grade GS-18 of the General Schedule.

Administrative services shall be provided by the General Services Administration on a reimbursable basis. (Pub. L. 92-578, § 4, Oct. 27, 1972, 86 Stat. 1268, amended Pub. L. 93-427, § 1, Oct. 1, 1974, 88 Stat. 1170.)

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (b), is set out in section 5332 of Title 5, Government Organization and Employees.

AMENDMENTS

1974 Subsec. (b). Pub. L. 93-427 added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 93-427 redesignated former subsec. (b) as (c).

1 So in original. Probably should be "subchapter III of chapter 53 of Title 5".

§ 874. Development plan; submittal to Secretary of Interior and District of Columbia Commissioner; public hearings; transmittal to Congress; substantial change; other government agencies, services.

(a) The development plan for the development area shall include, but not be limited to: (1) the types of uses, both public and private, to be permitted; (2) criteria for the design and appearance of buildings, facilities, open spaces, and other improvements; (3) an estimate of the current values of all properties to be acquired; (4) an estimate of the relocation costs which would be incurred in carrying out the provisions of section 877 of this title; (5) an estimate of the cost of land preparation for all properties to be acquired; (6) an estimate of the reuse values of the properties to be acquired; (7) a program for the staging of a proposed development, including a detailed description of the portion of the program to be scheduled for completion by 1976; (8) a determination of the marketability of such development; (9) an estimate of the development costs, both public and private; (10) a thorough study of the economic impact of such development, including the impact on the local tax base, the metropolitan area as whole, and the existing business activities within the development area; and (11) the procedures (including both interim and long-term arrangements) to be used in carrying out and insuring continuing conformance to the development plan.

(b) The development plan provided for in subsection (a) of this section shall be prepared with the Cooperation of the Department of the Interior, the General Services Administration, and the District of Columbia government with the maximum feasible use of their staffs and other resources on a reimbursable basis by the Corporation.

(c) After the development plan has been completed and approved by the Board of Directors of the Corporation, it shall be submitted to the Secretary of the Interior and the Commissioner of the District of Columbia. The Secretary of the Interior, within ninety days. shall notify the Corporation of his approval or recommended modifications from the standpoint of the compatibility of the plan with his responsibilities for the administration, protection, and development of the areas within the Pennsylvania Avenue National Historic Site. The Commissioner of the District of Columbia, within ninety days, shall consult with the National Capital Planning Commission, shall hold public hearings on the plan, and shall notify the Corporation of his approval or recommended modifications: Provided, That in the event that the Secretary of the Interior or the Commissioner of the District of Columbia has not notified the Corporation of his approval or recommended modifications of the plan within ninety days after the date of submission. he shall be deemed to have approved the plan.

(d) In the event the Secretary of the Interior or the Commissioner of the District of Columbia has recommended modifications of the plan. the Corporation within one hundred and twenty days of the original submission of the plan shall consult with them regarding such modifications and shall prepare a development plan which shall be transmitted to

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