US (United States) Code. Title 40. Subtitle II. Part D. Chapter 85: National Capital Service Area and Director

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public buildings, property and works

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-CITE-

40 USC CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND

DIRECTOR 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

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

COLUMBIA

CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND DIRECTOR

-HEAD-

CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND DIRECTOR

-MISC1-

Sec.

8501. National Capital Service Area.

8502. National Capital Service Director.

-End-

-CITE-

40 USC Sec. 8501 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

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

COLUMBIA

CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND DIRECTOR

-HEAD-

Sec. 8501. National Capital Service Area

-STATUTE-

(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, 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 93-198, 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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1211.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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8501(a) 40:136(a), (f). Pub. L. 93-198, title VII,

Sec. 739(a), (f), (h)-(j),

Dec. 24, 1973, 87 Stat. 825,

826, 829.

8501(b)(1) 40:136(h)(1).

8501(b)(2) 40:136(i).

8501(c) 40:136(h)(2).

8501(d) 40:136(j).

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In subsection (a)(1), the words "Washington Avenue Southwest" are

substituted for "Canal Street Southwest" because of section 2 of

D.C. Law 8-39. See section 7-451 note of the District of Columbia

Code.

In subsection (b)(1)(A), reference to the Supreme Court Building

is omitted because 40:13p only describes the Supreme Court grounds.

In subsection (b)(1)(B)(ii), the words "by law, or otherwise" are

omitted as unnecessary.

In subsection (b)(2), the words "and such laws, regulations, and

rules shall thereafter be applicable to and within such area in the

manner and to the extent so provided by any such amendment,

alteration, or modification" are omitted as unnecessary.

In subsection (c), the words "Notwithstanding the foregoing

provisions of this section" are omitted as unnecessary. The words

"section 1537 of title 31" are substituted for "section 731 of this

Act" because of section 4(b) of the Act of September 13, 1982

(Public Law 97-258, 96 Stat. 1067), the first section of which

enacted Title 31, United States Code. The words "by law or

otherwise" and "rendering and receiving such services" are omitted

as unnecessary.

-REFTEXT-

REFERENCES IN TEXT

Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946,

referred to in subsec. (b)(1)(B)(i), are classified to sections

1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The

Congress.

The District of Columbia Home Rule Act, referred to in subsec.

(c), is Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 774, as amended.

For complete classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8502 of this title.

-End-

-CITE-

40 USC Sec. 8502 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

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

COLUMBIA

CHAPTER 85 - NATIONAL CAPITAL SERVICE AREA AND DIRECTOR

-HEAD-

Sec. 8502. National Capital Service Director

-STATUTE-

(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 5314 (!1) 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, 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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1215.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

8502(a) 40:136(b) (1st Pub. L. 93-198, title VII,

sentence), (c) (1st Sec. 739(b), (c), Dec. 24,

sentence). 1973, 87 Stat. 825.

8502(b) 40:136(c) (last

sentence).

8502(c) 40:136(b) (2d, last

sentences).

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In subsection (a), the words "from time to time" and "of section

5314 [sic] of title 5" are omitted as unnecessary. [The words "of

section 5314 of title 5" were not omitted.]

In subsection (b), the reference to chapter 33 of title 5 is

substituted for "the provisions of title 5 governing appointments

in the competitive service" for clarity and for consistency in the

revised title and with other titles of the United States Code. The

words "subchapter III" are substituted for "subchapter 3" to

correct an error in the source provision.

-FOOTNOTE-

(!1) So in original. Probably should be section "5315".

-End-