40 U.S.C. § 8103 — Application of District of Columbia laws

Page 183 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 8104 In this chapter, the words ‘‘Administrator of General Services’’ are substituted for ‘‘Chief of Engineers’’ [sub- sequently changed to ‘‘Director of Public Buildings and Public Parks of the National Capital’’ because of sec- tion 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983), ‘‘Director of the National Park Service’’ because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and ‘‘Public Buildings Administrator’’ because of sec- tions 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Serv- ices Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In subsection (a), the words ‘‘through the War De- partment’’ in section 1797 of the Revised Statutes are omitted because of section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983). In subsection (b), the words ‘‘If the Administrator . . . decides’’ are substituted for ‘‘when it shall be made to appear to the said Administrator’’ for clarity. The words ‘‘in the District of Columbia’’ are omitted as un- necessary. The words ‘‘the Administrator and the offi- cer in charge’’ are substituted for ‘‘the officer in charge’’ for clarity. § 8102. Protection of Federal Government build- ings in District of Columbia The Attorney General and the Secretary of the Treasury may prohibit— (1) a vehicle from parking or standing on a street or roadway adjacent to a building in the District of Columbia— (A) at least partly owned or possessed by, or leased to, the Federal Government; and (B) used by law enforcement authorities subject to their jurisdiction; and (2) a person or entity from conducting busi- ness on property immediately adjacent to a building described in paragraph (1). (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8102 ............ 40:137. Pub. L. 104–132, title VIII, § 803, Apr. 24, 1996, 110 Stat. 1305. § 8103. Application of District of Columbia laws to public buildings and grounds (a) APPLICATION OF LAWS.—Laws and regula- tions of the District of Columbia for the protec- tion of public or private property and the preser- vation of peace and order are extended to all public buildings and public grounds belonging to the Federal Government in the District of Co- lumbia. (b) PENALTIES.—A person shall be fined under title 18, imprisoned for not more than six months, or both if the person— (1) is guilty of disorderly and unlawful con- duct in or about those public buildings or pub- lic grounds; (2) willfully injures the buildings or shrubs; (3) pull downs, impairs, or otherwise injures any fence, wall, or other enclosure; (4) injures any sink, culvert, pipe, hydrant, cistern, lamp, or bridge; or (5) removes any stone, gravel, sand, or other property of the Government, or any other part of the public grounds or lots belonging to the Government in the District of Columbia. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8103 ............ 40:101. July 29, 1892, ch. 320, § 15, 27 Stat. 325; Pub. L. 90–108, § 2, Oct. 20, 1967, 81 Stat. 277. In subsection (b), the word ‘‘enclosure’’ is substituted for ‘‘inclosure’’ to use the more understood term. § 8104. Regulation of private and semipublic buildings adjacent to public buildings and grounds (a) FACTORS FOR DEVELOPMENT.—In view of the provisions of the Constitution respecting the es- tablishment of the seat of the National Govern- ment, the duties it imposed on Congress in con- nection with establishing the seat of the Na- tional Government, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, the development should proceed along the lines of good order, good taste, and with due re- gard to the public interests involved, and a rea- sonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings and grounds of major importance. (b) SUBMISSION OF APPLICATION TO COMMISSION OF FINE ARTS.—The Mayor of the District of Co- lumbia shall submit to the Commission of Fine Arts an application for a permit to erect or alter any building, a part of which fronts or abuts on the grounds of the Capitol, the grounds of the White House, the part of Pennsylvania Avenue extending from the Capitol to the White House, Lafayette Park, Rock Creek Park, the Zoolog- ical Park, the Rock Creek and Potomac Park- way, Potomac Park, or The Mall Park System and public buildings adjacent to the System, or abuts on any street bordering any of those grounds or parks, so far as the plans relate to height and appearance, color, and texture of the materials of exterior construction. (c) REPORT TO MAYOR.—The Commission shall report promptly its recommendations to the Mayor, including any changes the Commission decides are necessary to prevent reasonably avoidable impairment of the public values be- longing to the public building or park. If the Commission fails to report its approval or dis- approval of a plan within 30 days, the report is deemed approved and a permit may be issued. (d) ACTION BY THE MAYOR.—The Mayor shall take action the Mayor decides is necessary to ef- fect reasonable compliance with the rec- ommendation under subsection (c). (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205; Pub. L. 109–284, § 6(22), Sept. 27, 2006, 120 Stat. 1213.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 8104 ............ 40:121. May 16, 1930, ch. 291, § 1, 46 Stat. 366; July 31, 1939, ch. 400, 53 Stat. 1144. In this chapter, the word ‘‘Mayor’’ is substituted for ‘‘Commissioners’’ [meaning the Board of Commis-