(4) New railroad passenger station.

the Company shall, and it is hereby authorized to construct a new railroad passenger station in the area beneath or adjacent to the parking facility referred to in paragraph (3);

(5) Purchase option; amount; fair market value; notice, terms and conditions, and credit of rentals paid.

the United States shall have the option to purchase all of the property leased under this subchapter for an amount not in excess of the fair market value of such property any time after the first year of the lease on one year's written notice and on such terms and conditions including credit toward such purchase price of any portions of rentals paid by the United States as may be mutually agreed upon;

(6) Rentals; fair rental value.

rentals paid by the United States shall not exceed the fair rental value of the property as mutually determined by the Secretary, the Administrator, and the Lessor:

(7) Limitation on annual cost of leases.

the aggregate annual cost to the United States of all leases entered into under this subchapter shall not exceed $3,500,000;

(8) Limitation on alteration and parking facility construction costs.

the total cost of all alterations referred to in paragraph (1) and all construction referred to in paragraph (3) shall not exceed $16,000,000, except that total cost of such alterations shall not exceed $5,000,000.

(b) Other terms and conditions.

In addition to the terms and conditions set forth in subsection (a) of this section, agreements and leases entered into under authority of this subchapter shall include such other terms and conditions as the Secretary and the Administrator jointly shall prescribe. (Pub. L. 90-264, title I, § 102, Mar. 12, 1968, 82 Stat. 43.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 804, 808 of this title.

§ 803. Administration.

The Secretary shall administer any property leased under this subchapter in accordance with those provisions of sections 1 and 2 to 4 of Title 16, as amended and supplemented, applicable to the administration of the national park system. (Pub. L. 90-264, title I, § 103, Mar. 12, 1968, 82 Stat. 44.)

§ 804. Parking facility; transfer of property for vehicular access to public roads and highways; alteration of traffic pattern in Union Station Plaza after consultation with Architect of Capitol.

(a) In connection with the construction of the parking facility to be constructed pursuant to section 802(a) (3) of this title, the District of Columbia shall, upon the request of the Secretary, transfer to the Secretary any real property under its jurisdiction which may be necessary to provide vehicular access to public roads and highways in the immediate area of such facility.

(b) Any alteration in the existing traffic pattern in Union Station Plaza necessitated or made desirable by reason of such parking facility shall be made only after consultation with the Architect of the Capitol. (Pub. L. 90-264, title I, § 105, Mar. 12, 1968, 82 Stat. 44.)

REPORT TO CONGRESS

Section 104 of Pub. L. 90-264 provided that: "On or before April 15, 1968, the Secretary shall report to Congress the results of a full and complete investigation and study of the problems of transporting visitors along the Mall and its vicinity in the District of Columbia, on the United States Capitol Grounds, and to and from the National Visitor Center, including but not limited to, types of transportation to be utilized, the operation of any such transportation system, the feasibility of providing free transportation for visitors on all or any portion of such system, and proposed legislation to carry out his recommendations."

§ 805. Continuing study of needs of visitors to Washington metropolitan area; facility recommendations; annual report.

(a) Notwithstanding the execution of any agreement or lease pursuant to this subchapter, the Secretary, in consultation with the National Visitor Facilities Advisory Commission established under subchapter II of this chapter, is directed (1) to make a continuing study of the needs of visitors to the Washington metropolitan area, including the necessity and desirability of different or additional visitor facilities, and of altering existing visitor facilities, and (2) to recommend that the Administrator acquire, alter, or construct such facilities.

(b) The Secretary shall submit annually a report to Congress on the National Visitor Center authorized by this subchapter and on all other visitor facilities authorized in accordance with this chapter, including the amendments made by this Act. (Pub. L. 90-264, title I, § 106, Mar. 12, 1968, 82 Stat. 44.)

REFERENCES IN TEXT

Amendments made by this Act, referred to in subsec. (b), are the amendments made by section 108 of Pub. L. 90-264 to Pub. L. 89-759, § 1, Nov. 5, 1966, 80 Stat. 1308, which was not classified to the Code.

§ 806. Repeals.

All existing laws or parts of laws inconsistent with the provisions of this chapter are hereby repealed to the extent to which they are so inconsistent, but to no further or other extent. (Pub. L. 90-264, title I, § 107, Mar. 12, 1968, 82 Stat. 44.)

§ 807. Authorization of appropriations.

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. (Pub. L. 90-264, title I, § 109, Mar. 12, 1968, 82 Stat. 45.)

§ 808. Labor standards.

The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on the alterations referred to in section 802(a) (1), and the parking facility referred to in section 802(a) (3), of this title shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the locality as determined by the Secretary of Labor, in accordance with the Act of March 3, 1931, as amended, known as the Davis

Bacon Act. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950, and section 276c of this title. (Pub. L. 90-264, title I, § 110, Mar. 12, 1968, 82 Stat. 45.)

REFERENCES IN TEXT

Davis-Bacon Act, referred to in the text, is classified to sections 276a to 276a-5 of this title.

Reorganization Plan Numbered 14 of 1950, referred to in the text, is set out in the Appendix to Title 5, Government Organization and Employees.

SUBCHAPTER II.-ADVISORY COMMISSION

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 805 of this title.

§ 821. National Visitor Facilities Advisory Commission; establishment; functions.

There is hereby created a National Visitor Facilities Advisory Commission (hereafter in this chapter referred to as the "Commission") which shall (1) conduct a continuing review of the National Visitor Center established pursuant to subchapter I of this chapter, (2) conduct continuing investigations and studies of sites and plans to provide additional facilities and services for visitors and students coming to the Nation's Capital, and (3) advise the Secretary and the Administrator with respect to the planning, construction, acquisition, and operation of all such visitor facilities. (Pub. L. 90-264, title II, § 201, Mar. 12, 1968, 82 Stat. 45.)

§ 822. Composition of Commission; tenure; Chairman: meetings; compensation and travel expenses; staff and facilities.

(a) The Commission shall be composed of the Secretary, the Administrator, the Secretary of the Smithsonian Institution, the Chairman of the National Capital Planning Commission, the Chairman of the Commission of Fine Arts, six Members of the Senate, three from each party, to be appointed by the President of the Senate, and six Members of the House of Representatives, three from each party, to be appointed by the Speaker of the House of Representatives, and three members 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. Non-Federal members shall serve at the pleasure of the President. The Secretary shall be the Chairman of the Commission. The Commission shall meet at the call of the Chairman.

(b) Members of the Commission who are not officers or employees of the Federal Government or the government of the District of Columbia shall be entitled to receive compensation in accordance with section 3109 of Title 5 and travel expenses including per diem in lieu of subsistence as authorized by section 5703 of Title 5 for persons in the government service employed intermittently.

(c) 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. (Pub. L. 90-264, title II, § 202, Mar. 12, 1968, 82 Stat. 45.)

§ 823. Reports and recommendations.

The Commission shall, from time to time, report to the Secretary and the Administrator the results of its reviews, studies, and investigations. In the case of any report recommending additional facilities for visitors, such report shall include the Commission's recommendations as to a site or sites for the facilities to be provided, together with preliminary plans, specifications, and architectural drawings for such facilities as well as the estimated cost of the recommended sites and facilities. (Pub. L. 90-264, title II, § 203, Mar 12, 1968, 82 Stat. 46.)

SUBCHAPTER III.-CAPITOL VISITOR CENTER § 831. Capitol educational and informational center and information and distribution stations; operation agreements.

Notwithstanding any other provision of law, the Architect of the Capitol, in consultation with the House Office Building Commission and the Senate Office Building Commission, is hereby authorized and directed to provide adequate space and facilities in the Capitol Building for an educational and informational center and information and distribution stations to afford visitors to the Capitol Building an opportunity to acquire (1) information relative to Congressional offices, (2) assistance relative to their visit to the Capitol, (3) pamphlets, books, drawings, slides and photographs, and related materials, and (4) information about the Capitol and the history of the Capitol Building and past and present Congresses. All materials distributed by such educational and informational center and such stations shall first be approved by the Architect of the Capitol, after consultation with the House Committee on House Administration, the Senate Committee on Rules and Administration, the United States Capitol Historical Society, and such other educational and historical groups as the Architect of the Capitol deems appropriate. The Architect of the Capitol is hereby authorized to enter into such agreements as may be reasonably necessary to operate such educational and informational center and stations. (Pub. L. 90–264, title III, § 301, Mar. 12, 1968, 82 Stat. 46.)

SUBCHAPTER IV.-CAPITOL GUIDE SERVICE § 851. Capitol Guide Service.

(a) Establishment; designation; supervision of Capitol Guide Board; membership of Board. There is hereby established an organization under the Congress of the United States, to be designated the "Capitol Guide Service", which shall be subject to the direction, supervision, and control of a Capitol Guide Board consisting of the Architect of the Capitol, the Sergeant at Arms of the Senate, and the Sergeant at Arms of the House of Representatives. (b) Guided tours; regulations.

The Capitol Guide Service is authorized and directed to provide guided tours of the interior of the United States Capitol Building for the education and enlightenment of the general public, without charge for such tours. All such tours shall be conducted in compliance with regulations prescribed by the Capitol Guide Board.

(c) Duties of Capitol Guide Board; positions of Guide in Capitol Guide Service; establishment and revision; Chief and Assistant Chief Guide and Guides: appointment, duties, pay, and termination of employment.

The Capitol Guide Board is authorized

(1) with the prior approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, to establish and revise such number of positions of Guide in the Capitol Guide Service as the Board considers necessary to carry out effectively the activities of the Capitol Guide Service;

(2) to appoint, on a permanent basis, without regard to political affiliation, and solely on the basis of fitness to perform their duties, a Chief Guide and an Assistant Chief Guide, and, in addition, such number of Guides as may be authorized under subparagraph (1) of this subsection;

(3) to prescribe their duties and responsibilities; (4) with the prior approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, to fix, and adjust from time to time, their respective rates of pay at single per annum (gross) rates; and

(5) to terminate their employment as the Board considers appropriate.

(d) Uniforms.

The Capitol Guide Board shall

(1) prescribe a uniform dress, including appropriate insignia, which shall be worn by personnel of the Capitol Guide Service when on duty; and (2) from time to time, as may be necessary, procure and furnish such uniforms to such personnel without charge to such personnel.

(e) Acceptance of fees; prohibition.

An employee of the Capitol Guide Service shall not charge or accept any fee, or accept any gratuity, for or on account of his official services.

(f) Personnel detail.

The Capitol Guide Board may detail personnel of the Capitol Guide Service to assist the United States Capitol Police by providing ushering and informational services, and other services not directly involving law enforcement, in connection with the inauguration of the President and Vice President of the United States, the official reception of representatives of foreign nations and other persons by the Senate or House of Representatives, and other special or ceremonial occasions in the United States Capitol Building or on the United States Capitol Grounds which require the presence of additional Government personnel and which cause the temporary suspension of the performance of the regular duties of the Capitol Guide Service.

(g) Historical and educational information.

The Capitol Guide Board may receive and consider advice and information from any private historical or educational organization, association, or society with respect to those operations of the Capitol Guide Service which involve the furnishing of historical and educational information to the general public.

(h) Regulations for operation of Service. With the prior approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, the Capitol Guide Board shall prescribe such regulations as the Board considers necessary and appropriate for the operation of the Capitol Guide Service.

(i) Disciplinary action.

The Capitol Guide Board may take appropriate disciplinary action, including, when circumstances warrant, suspension from duty without pay, reduction in pay, demotion, or removal from employment with the Capitol Guide Service, against any employee who violates any provision of this section or any regulation prescribed by the Board pursuant to this section.

(j) Expenses; payment from contingent fund until availability of appropriations.

The expenses of the Capitol Guide Service shall be paid from the contingent fund of the House of Representatives, until appropriations are available for the payment of such expenses. (Pub. L. 91-510, title IV, § 441, Oct. 26, 1970, 84 Stat. 1190.)

CODIFICATION

Section was enacted as a part of Legislative Reorganization Act of 1970 and not as a part of National Visitor Center Facilities Act of 1968, which is classified to this chapter.

EFFECTIVE DATE

Section effective immediately prior to noon on Jan. 3, 1971, see section 601 (1) of Pub. L. 91-510, set out as a note under section 72a of Title 2, The Congress.

TRANSITIONAL PROVISIONS

Section 443 of Pub. L. 91-510 provided that:

"(a) The initial appointments, under section 441 (c) (2) of this Act [subsec. (c) (2) of this section], of personnel of the Capitol Guide Service shall be effective on the effective date of this section. The Capitol Guide Board shall afford, to each person who is a member of the United States Capitol Guides immediately prior to such effective date, the opportunity to be appointed to a comparable position in the Capitol Guide Service without reduction in level of rank and seniority. For the purposes of the initial appointments of such persons, the number of such persons shall be considered to have been authorized for the Capitol Guide Service under section 441(c)(1) of this Act [subsec. (c)(1) of this section]. The per annum (gross) rate of pay of each such person so initially appointed shall be a rate equal to the per annum rate of pay received by the United States Capitol Guides, who worked full tours of duty, averaged over the last five calendar years (excluding 1968) ending prior to the date of enactment of this Act [Oct. 26, 1970]. Subject to section 441 (1) of this Act [subsec (1) of this section], the rate of each such person so initially appointed shall not, at any time after such initial appointment, be less than the rate at which he was initially appointed so long as he remains in the same position; but, when such position becomes vacant, the rate of pay of any subsequent appointee thereto shall be fixed in accordance with section 441 of this Act [this section].

"(b) The United States Capitol Police Board shall transfer, on the effective date of this section, to the Capitol Guide Board, all personnel records, financial records, assets, and other property of the United States Capitol Guides, which exist immediately prior to such effective date.

"(c) As soon as practicable after the effective date of this section but not later than the close of the sixtieth day after such effective date, the Capitol Guide Board shall, out of the assets and property transferred under

subsection (b) of this section, on the basis of a special audit which shall be conducted by the General Accounting Office

"(1) settle and pay any outstanding accounts payable of the United States Capitol Guides,

"(2) discharge the financial and other obligations of the United States Capitol Guides (including reimbursement to purchasers of tickets for guided tours which are purchased and paid for in advance of intended use and are unused), and

"(3) otherwise wind up the affairs of the United States Capitol Guides,

which exist immediately prior to such effective date. The Capitol Guide Board shall dispose of any net monetary amounts remaining after the winding up of the affairs of the United States Capitol Guides, in accordance with the practices and procedures of the United States Capitol Guides, existing immediately prior to the effective date of this section, with respect to disposal of monetary surpluses."

Section 443 of Pub. L. 91-510 effective immediately prior to noon on Jan. 3, 1971, see section 601 (1) of Pub. L. 91-510, set out as a note under section 72a of Title 2, The Congress.

Appalachian Regional Development Act of 1965

Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended by Pub. L. 89–670, § 8(b), (c), Oct. 15, 1966, 80 Stat. 942, 943; Pub. L. 90-103, title I, §§ 101-114, 116— 123, Oct. 11, 1967, 81 Stat. 257-266; Pub. L. 90-448, title II, § 201(f), Aug. 1, 1968, 82 Stat. 502; Pub. L. 91-123, Nov. 25, 1969, title I, §§ 101-111, 83 Stat. 214216; Pub. L. 91-258, title I, § 52(b) (5), May 21, 1970, 84 Stat. 235.

§ 1. Short title.

This Act may be cited as the "Appalachian Regional Development Act of 1965".

SHORT TITLE OF 1967 AMENDMENTS

Section 101 of Pub. L. 90-103, title I, Oct. 11, 1967, 81 Stat. 257, provided that: "This title [which enacted sections 109 and 207, and amended sections 102, 105, 106(7), 201, 202, 203(1), 204, 205, 206 (g), 211, 212(b), 214, 221, 223, 224, 302, 303, 401, and 403 of the Appalachian Regional Development Act of 1965, and amended section 461 of this title and section 5334 (a) of Title 5, Government Organization and Employees] may be cited as the 'Appalachian Regional Development Act Amendments of 1967'."

§ 2. Findings and statement of purpose.

The Congress hereby finds and declares that the Appalachian region of the United States, while abundant in natural resources and rich in potential, lags behind the rest of the Nation in its economic growth and that its people have not shared properly in the Nation's prosperity. The region's uneven past development, with its historical reliance on a few basic industries and a marginal agriculture, has failed to provide the economic base that is a vital prerequisite for vigorous, self-sustaining growth. The State and local governments and the people of the region understand their problems and have been working and will continue to work purposefully toward their solution. The Congress recognizes the comprehensive report of the President's Appalachian Regional Commission documenting these findings and concludes that regionwide development is feasible, desirable, and urgently needed. It is, therefore, the purpose of this Act to assist the region in meeting its special problems, to promote its economic development, and to establish a framework for joint Federal and State efforts toward providing the basic facilities essential to its growth and attacking its common problems and meeting its common needs on a coordinated and concerted regional basis. The public investments made in the region under this Act shall be concentrated in areas where there is a significant potential for future growth, and where the expected return on public dollars invested will be the greatest. The States will be responsible for recommending local and State projects, within their borders, which will receive assistance under this Act. As the region obtains the needed physical and transportation facilities and develops its human resources, the Congress expects that the region will generate a diversified industry, and that the region will then be able to support itself, through the workings of a strengthened free enterprise economy. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 205, 402, 403 of this Appendix.

Page 9444