TITLE 40.—PUBLIC BUILDINGS, PROPERTY, AND WORKS Hours of Labor and Safety on Public Works. 321 15 to 18a. Repealed. 19. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law; eviction of trespassers. 20, 21. Repealed. Central heating, lighting, and power plant. 22a. Heat for Corcoran Gallery of Art. 22b. Heat for Board of Governors of the Federal Reserve System. 22c. Rates for heat for non-Federal public buildings. 23, 24. Repealed. 27a. Repealed. 28 to 30a. Omitted. Use of public buildings for public ceremonies. 32, 33. Repealed. 33a. Construction of office buildings by wholly owned Government corporations. Rent of buildings in District of Columbia; contracts not to be made until appropriation. Same; rent of other buildings. 22. 25 to 27. Omitted. 31 34. 35. 36 to 37a. Repealed. 49. Same; record of property. 50. Same; reports. Chapter 1.-PUBLIC BUILDINGS, GROUNDS, PARKS, AND COLUMBIA Sec. 1, 1a. Repealed. 2 to 5. Omitted. WHARVES IN DISTRICT OF 5a. Repealed. 6. Laws not affected by creation of Office of Public 7 to 13. Repealed. 13b. Same; structural, mechanical, and grounds em- 13c. Same; domestic care and custody; superintendent. 13d. Repealed. 13e. Care and maintenance of Oliver Wendell Holmes Garden. 13f. Supreme Court Building and grounds; policing; designation of special policemen. Same; injuries to property. 13g. Same; restriction of public travel. 13j. Same; firearms or fireworks; speeches; objection- 13k. Same; parades or assemblages; display of flags. 13m. Same; penalties. 13n. Same; jurisdiction and powers of special police and Metropolitan Police force. 130. Same; suspension of prohibitions against use of grounds. 13p. Same; area of grounds. 14. Repealed. 14a. Care, maintenance, etc., of Bureau of Standards building. Page 9279 penses. (c) Chairman; officers; Director and other personnel; employment of city planners, architects, etc.; compensation. (d) Advisory and coordinating committees; participation by representatives of planning and developmental agencies. (e) General scope of functions. 103. (e) Consultation with interested agencies; hearings; citizen advisory councils. 71d. Proposed Federal and District developments and projects. (a) Consultations between agencies and Com- (b) Exceptions to consultation procedure. (d) Additional procedure for consultation on (e) Intent of section; interchange of plans, data, etc. 71e. Thoroughfare and mass transportation plans. (a) Preparation and adoption by Commission; submission and approval; revision. (b) Consultations prior to adoption of thoroughfare plan; recommendations; procedure by Bureau of Public Roads. 711. Six-year program of public works; recommendation and annual review; submission of advance programs. 104 Ailanthus trees prohibited. Trees, shrubs, and plants, in greenhouses and nursery. Commission of Fine Arts. 105. Same; secretary and executive officer. 123. 124. 71g. Zoning regulations and maps, and subdivision of lands. 125. (a) Amendments of zoning regulations and maps. 126. (b) Further reports on proposed amendments. (c) Performance of functions by Zoning Committee of National Capital Planning Commission. 127. 128. (d) Recommendations as to platting and subdividing lands; procedure. 129. 711. Authorization of appropriations to carry out sections 71 to 711. 72. 130. 71h. Transfer of functions to Commission. Same; effect of section 122 on existing laws. Theodore Roosevelt Island; administration; development. Same; means of access; care, maintenance, and improvements; appropriation. Same; erection of monument or memorial and related structures; appropriation. Same; designation in documents, etc. Approval by Administrator of General Services of sketches, plans, and estimates of buildings; exemptions. Lease of building space by wholly owned Government corporations; rental. 129a. Courthouse construction authorized; cost; repayment to United States. Courthouse for United States Court of Appeals and Acquisition of land by Commission. 72a. Acquisition of land by Commission subject to limited rights reserved to grantor; acquisition of limited permanent rights in land adjoining park property. 72b. Lease of lands acquired for park, parkway, or playground purposes. 72c. Power to sell lands. 72e. Same; execution of deeds to lands. 74. Authorization of appropriations for expenses, and acquisition of lands by Commission; assignment of playground areas; control of lands outside District. Annual reports of Commission to Congress; estimates for Office of Management and Budget. 74a. Sale by the Secretary of the Interior of lands no longer needed for public purposes. 74b. Same; sale to highest bidder; rights of abutting § 1. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 644. Section, act Mar. 1, 1919, ch. 86, § 10, 40 Stat. 1269, related to the control and allotment of space in public buildings in the District of Columbia. § 1a. Repealed. June 30, 1949, ch. 288, title I, § 103 (b), 63 Stat. 380, eff. July 1, 1949. Section, act July 9, 1943, ch. 210, 57 Stat. 390, related to the compensation of the former Commissioner of Public Buildings. §§ 2 to 5. Omitted. CODIFICATION Sections 2 to 5, acts Feb. 26, 1925, ch. 339, §§ 1-4, 43 Stat. 983; July 3, 1930, ch. 846, 46 Stat. 907; 1933 Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389, related to the abolition of the commission in charge of the State, War, and Navy Department Buildings and of the Office of Public Buildings and Grounds; to the establishment of the Office of Public Buildings and Public Parks of the National Capital; and to the transfer of officers, employees, functions, records, etc., of the abolished agencies to that agency. The Office of Public Buildings and Public Parks of the National Capital was abolished, and its functions were transferred to the National Park Service, by Ex. Ord. No. 6166, § 2, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. The functions of the National Park Service in the District of Columbia in connection with general assignment of space, etc., were transferred to the Public Buildings Administration in the Federal Works Agency by 1939 Reorg. Plan No. I, §§ 301, 303, eff. July 1, 1939, 4 F. R. 2729, 53 Stat. 1426, 1427, set out in the Appendix to Title 5. For abolishment of the Federal Works Agency and the Public Buildings Administration, and transfer of functions thereof, see section 753 of this title. § 5a. Repealed. Oct. 31, 1951, ch. 654, § 1 (73), 65 Stat. 704. Section, act July 19, 1932, ch. 510, 47 Stat. 705, which related to employment of landscape architects, architects, engineers, artists, etc., in connection with public buildings in the National Capital, is now covered by section 758 of this title. § 6. Laws not affected by creation of Office of Public Buildings and Public Parks of National Capital. CODIFICATION Section, act Feb. 26, 1925, ch. 339, § 6, 43 Stat. 984, related to the Office of Public Buildings and Public Parks of the National Capital, which was abolished by Ex. Ord. No. 6166, § 2, eff. June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. § 7. Repealed. Oct. 31, 1951, ch. 654, § 1 (74), 65 Stat. 704. Section, act July 8, 1918, ch. 139, § 1, 40 Stat. 831, which related to distribution of building employees among various government office buildings, is now covered by section 754 of this title. § 7a. Repealed. June 30, 1949, ch. 288, title I, § 103 (b), 63 Stat. 380, eff. July 1, 1949. Section, acts June 26, 1943, ch. 145, title I, § 101, 57 Stat. 176; June 27, 1944, ch. 286, title I, § 101, 58 Stat. 367; May 3, 1945, ch. 106, title I, § 101, 59 Stat. 112; Mar. 28, 1946, ch. 113, title I, § 101, 60 Stat. 65, related to appointment of personnel by the former Commissioner of Public Buildings. The Office of Commissioner of Public Buildings was abolished by act June 30, 1949, ch. 288, title I, § 103 (b), 63 Stat. 380, effective July 1, 1949. The provisions are now covered by section 758 of this title. §§ 8 to 13.. Repealed. Oct. 31, 1951, ch. 654, § 1 (75)—(80), 65 Stat. 704. Section 8, R. S. § 1798, related to expenditures of appropriations made for repairs and improvements of public buildings and grounds in the District of Columbia. Sections 9-13 related to the care and supervision of a number of specified office buildings in the District of Columbia. They were derived from the following acts: Section 9-Mar. 3, 1883, ch. 128, § 1, 22 Stat. 553. Section 10-May 22, 1908, ch. 186, § 1, 35 Stat. 218; Mar. 28, 1918, ch. 28, § 1, 40 Stat. 482; June 4, 1918, ch. 92, 40 Stat. 598. Section 11-Mar. 28, 1918, ch. 28, § 1, 40 Stat. 483; June 4, 1918, ch. 92, 40 Stat. 598. Section 12-May 24, 1922, ch. 199, 42 Stat. 554. § 13a. United States Supreme Court Building; structural and mechanical care; care and maintenance of grounds. The Architect of the Capitol shall have charge of the structural and mechanical care of the United States Supreme Court Building, including the care and maintenance of the grounds, and the supplying of all mechanical furnishings and mechanical equipment for the building. The operation and maintenance of the mechanical equipment and repair of the building shall be performed under his direction and he is authorized to enter into all necessary contracts. (May 7, 1934, ch. 222, § 1, 48 Stat. 668.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 13b of this title. § 13b. Same; structural, mechanical, and grounds employees. Employees required for the performance of the provisions of section 13a of this title shall be (a) appointed by the Architect of the Capitol with the approval of the Chief Justice of the United States; (b) compensated in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of Title 5; and (c) be subject to the provisions of the Act entitled "An Act for the retirement of employees in the classified civil service, and for other purposes," approved May 22, 1920, as amended. (May 7, 1934, ch. 222, § 2, 48 Stat. 668; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972.) REFERENCES IN TEXT The Act entitled "An Act for the retirement of employees in the classified civil service, and for other purposes," approved May 22, 1920, as amended, referred to in text, was repealed by Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 644, and is now covered by section 8301 et seq. of Title 5, Government Organization and Employees. AMENDMENTS 1949-Act Oct. 28, 1949, substituted "the Classification Act of 1949" for "the Classification Act of 1923", which for purposes of codification has been translated as "chapter 51 and subchapter III of chapter 53 of title 5." § 13c. Same; domestic care and custody; superintendent. All other duties and work required for the operation, domestic care, and custody of the building shall be performed under the direction of the Marshal of the Supreme Court of the United States, who shall be superintendent of the United States Supreme Court Building. (May 7, 1934, ch. 222, § 3, 48 Stat. 668; June 25, 1948, ch. 646, § 27, 62 Stat. 990.) AMENDMENTS 1948-Act June 25, 1948, omitted provision relating to custodial employees as it is now covered by section 672 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment of this section shall be effective as of Sept. 1, 1948. § 13d. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948. Section, act May 7, 1934, ch. 222, § 4, 48 Stat. 668, related to disbursement of appropriations by the marshal, and is now covered by section 672 of Title 28, Judiciary and Judicial Procedure. § 13e. Care and maintenance of Oliver Wendell Holmes Garden. After the completion and dedication of the Oliver Wendell Holmes Garden, it shall be maintained and cared for by the Architect of the Capitol in accordance with the provisions of law applicable with respect to the maintenance and care of the grounds of the United States Supreme Court Building. (Oct. 22, 1940, ch. 908, § 6, 54 Stat. 1208.) CROSS REFERENCES Maintenance and care of Supreme Court Building, see sections 13a-13c of this title and section 672 of Title 28, Judiciary and Judicial Procedure. § 13f. Supreme Court Building and grounds; policing; designation of special policemen. The Marshal of the Supreme Court of the United States, under the general supervision and direction of the Chief Justice of the United States, may designate employees of the Supreme Court as special policemen, without additional compensation, for duty in connection with the policing of the Supreme Court Building and grounds and adjacent streets. (Aug. 18, 1949, ch. 479, § 1, 63 Stat. 616.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13n, 13p of this title. § 13g. Same; restriction of public travel. Public travel in and occupancy of the Supreme Court grounds is restricted to the sidewalks and other paved surfaces. (Aug. 18, 1949, ch. 479, § 2, 63 Stat. 616.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 131, 13m, 13n, 130, 13p of this title. § 13h. Same; sale of articles; signs; solicitation, It shall be unlawful to offer or expose any article for sale in the Supreme Court Building or grounds; to display any sign, placard, or other form of advertisement therein; or to solicit fares, alms, subscriptions, or contributions therein. (Aug. 18, 1949, ch. 479, § 3, 63 Stat. 616.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 131, 13m, 13n, 130, 13p of this title. § 13i. Same; injuries to property. It shall be unlawful to step or climb upon, 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. (Aug. 18, 1949, ch. 479, § 4, 63 Stat. 617.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 131, 13m, 13n, 130, 13p of this title. § 13j. Same; firearms or fireworks; speeches; objectionable language. It shall be unlawful to discharge any firearm, firework or explosive, set fire to any combustible, make any harangue or oration, or utter loud, threatening, or abusive language in the Supreme Court Building or grounds. (Aug. 18, 1949, ch. 479, § 5, 63 Stat. 617.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 131, 13m, 13, 130, 13p of this title. § 13k. Same; parades or assemblages; display of flags. It shall be unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement. (Aug. 18, 1949, ch. 479, § 6, 63 Stat. 617.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 131, 13 m, 13n, 130, 13p of this title. § 131. Same; rules and regulations; publication; effective date. (a) In addition to the restrictions and requirements specified in sections 13g to 13k of this title, the Marshal of the Supreme Court may prescribe such regulations, approved by the Chief Justice of the United States, as may be deemed necessary for the adequate protection of the Supreme Court Building and grounds and of persons and property therein, and for the maintenance of suitable order and decorum within the Supreme Court Building and grounds. (b) All regulations promulgated under the authority of this section shall be printed in one or more of the daily newspapers published in the District of Columbia, and shall not become effective until the expiration of ten days after the date of such publication. (Aug. 18, 1949, ch. 479, § 7, 63 Stat. 617.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13m, 13n, 13p of this title. § 13m. Same; penalties. Whoever violates any provision of sections 13g to 13k of this title, or of any regulation prescribed under section 13l of this title, shall be fined not more than $100 or imprisoned not more than sixty days, or both, prosecution for such offenses to be had in the Superior Court of the District of Columbia, upon information by the United States Attorney or any of his assistants: Provided, That in any case where, in the commission of any such offense, public property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than five years. (Aug. 18, 1949, ch. 479, § 8, 63 Stat. 617; July 29, 1970, Pub. L. 91-385, title I, § 155(a) (5), 84 Stat. 570.) CHANGE OF NAME "Municipal Court for the District of Columbia" was changed to "Superior Court of the District of Columbia" pursuant to Pub. L. 91-358, which provides that such change is effective the first day of the seventh calendar month which begins after July 29, 1970. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 13p of this title. § 13n. Same; jurisdiction and powers of special police and Metropolitan Police force. The special police provided for in section 13f of this title shall have the power, within the Supreme Court Building and grounds and adjacent streets, to enforce and make arrests for violations of any provision of sections 13g to 13k of this title, of any regulation prescribed under section 13l of this title, or of any law of the United States or of any State or any regulation promulgated pursuant thereto: Provided, That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the Supreme Court Building and grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Marshal of the Supreme Court or his assistants, to enter the Supreme Court Building to make arrests in response to complaints or to serve warrants or to patrol the Supreme Court Building or grounds. (Aug. 18, 1949, ch. 479, § 9, 63 Stat. 617.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 13p of this title. § 130. Same; suspension of prohibitions against use of grounds. In order to permit the observance of authorized ceremonies within the Supreme Court Building and grounds, the Marshal of the Supreme Court of the United States may suspend for such occasions so much of the prohibitions contained in sections 13g to 13k of this title, as may be necessary for the occasion, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Marshal, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the Supreme Court Building and grounds and of persons and property therein. (Aug. 18, 1949, ch. 479, § 10, 63 Stat. 617.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 13p of this title. § 13p. Same; area of grounds. For the purposes of sections 13f to 13p of this title the Supreme Court grounds shall be held to extend to the line of the face of the east curb of First Street Northeast, between Maryland Avenue Northeast and East Capitol Street; to the line of the face of the south curb of Maryland Avenue Northeast, between First Street Northeast and Second Street Northeast; to the line of the face of the west curb of Second Street Northeast, between Maryland Avenue Northeast and East Capitol Street; and to the line of the face of the north curb of East Capitol Street between First Street Northeast and Second Street Northeast. (Aug. 18, 1949, ch. 479, § 11, 63 Stat. 617.) § 14. Repealed. Oct. 31, 1951, ch. 654, § 1 (80), 65 Stat. 704. Section, act Feb. 13, 1923, ch. 72, 42 Stat. 1239, related to care, maintenance, etc., of Department of Commerce buildings. § 14a. Care, maintenance, etc., of Bureau of Standards building. The responsibility for the care, maintenance, and protection of the buildings occupied by the Bureau of Standards of the Department of Commerce in the District of Columbia and the disbursement of the funds appropriated therefor, together with all the machinery, tools, equipment, and supplies used or for use, in connection therewith, shall be transferred on July 1, 1926, from the office of Public Build ings and Public Parks of the National Capital to the Secretary of Commerce. (Apr. 29, 1926, ch. 195, title III, 44 Stat. 356.) TRANSFER OF FUNCTIONS The Office of Public Buildings and Public Parks of the National Capital was abolished, and its functions transferred to the Office of National Parks, Buildings and Reservations in the Department of the Interior, by section 2 of Ex. Ord. No. 6166, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. The latter office was designated the National Park Service by act Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389, see section 1 of Title 16, conservation, and notes thereunder. EXCEPTIONS AS TO TRANSFER OF FUNCTIONS Functions with respect to the operation, maintenance, and custody of the buildings occupied by the National Bureau of Standards were excepted from the transfer of functions made by 1950 Reorg. Plan No. 18, § 2, eff. July 1, 1950, 15 F. R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. §§ 15 to 18. Repealed. Oct. 31, 1951, ch. 654, § 1 (80), (81), 65 Stat. 704. Sections related to the care, maintenance, etc., of a number of specified office buildings in the District of Columbia. They were derived from the following acts: Section 15-Feb. 13, 1923, ch. 72, 42 Stat. 1239. Section 16-Apr. 4, 1924, ch. 84, title I, 43 Stat. 66. Section 17-Feb. 13, 1923, ch. 72, 42 Stat. 1240. Section 18-Feb. 13, 1923, ch. 72, 42 Stat. 1240. § 18a. Repealed. May 27, 1930, ch. 341, 46 Stat. 394. Section, act Mar. 4, 1929, ch. 707, § 1, 45 Stat. 1625, related to the care, maintenance, etc., of Mount Weather, Virginia. § 19. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law; eviction of trespassers. The Administrator of General Services shall have charge of the public buildings and grounds in the District of Columbia, under such regulations as may be prescribed by the President, except those buildings and grounds which are otherwise provided for by law; and when it shall be made to appear to the said Administrator of General Services, or to the officer under his direction having immediate charge of said public buildings and grounds, that any person or persons is in unlawful occupation of any portion of said public lands in the District of Columbia, it shall be the duty of said officer in charge thereof to notify the marshal of the District of Columbia in writing of such unlawful occupation, and the said marshal shall thereupon cause the said trespasser or trespassers to be ejected from said lands, and shall restore possession of the same to the officer charged by law with the custody thereof. (R.S. § 1797; Apr. 28, 1902, ch. 594, § 1, 32 Stat. 152.) DERIVATION Acts Aug. 4, 1854, ch. 242, § 15, 10 Stat. 573; Mar. 2, 1867, ch. 167, § 2, 14 Stat. 466; Feb. 14, 1874, ch. 22, 18 Stat. 14. CODIFICATION R.S. $ 1797, as amended by act Apr. 28, 1902, gave the charge of public buildings and grounds in the District of Columbia to the Chief of Engineers. The former contained only the provision that the Chief of Engineers should have charge of public buildings and grounds and ended with the words, "otherwise provided for by law." The amendatory act of 1902 added the provisions beginning with the words, "and when it shall be made to appear," etc., to the end of the section. |