
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC136]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
CHAPTER 1--PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF 
                                COLUMBIA
 
Sec. 136. National Capital Service Area


(a) Establishment

    There is established within the District of Columbia the National 
Capital Service Area which shall include, subject to the following 
provisions of this section, 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 in subsection (f) of this section.

(b) National Capital Service Director

    There is established in the Executive Office of the President the 
National Capital Service Director who shall be appointed by the 
President. The President, through the National Capital Service Director, 
shall assure that there is provided, utilizing District of Columbia 
governmental services to the extent practicable, within the area 
specified in subsection (a) of this section and particularly described 
in subsection (f) of this section, adequate fire protection and 
sanitation services. Except with respect to that portion of the National 
Capital Service Area comprising the United States Capitol Buildings and 
Grounds as defined in sections 193a and 193m of this title, the United 
States Supreme Court Building and Grounds as defined in section 13p of 
this title, and the Library of Congress Buildings and Grounds as defined 
in section 167j of title 2, the National Capital Service Director shall 
assure that there is provided within the remainder of such area 
specified in subsection (a) of this section and subsection (f) of this 
section, adequate police protection and maintenance of streets and 
highways.

(c) Personnel; compensation

    The National Capital Service Director shall be entitled to receive 
compensation at the maximum rate as may be established from time to time 
for level IV of the Executive Schedule of section 5314 \1\ of title 5. 
The Director may appoint, subject to the provisions of title 5 governing 
appointments in the competitive service, and fix the pay of, in 
accordance with the provisions of chapter 51 and subchapter 3 \2\ of 
chapter 53 of such title relating to classification and General Schedule 
pay rates, such personnel as may be necessary.
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    \1\ So in original. Probably should be section ``5315''.
    \2\ So in original. Probably should be subchapter ``III''.
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(d) Omitted

(e) Presidential report to Congress

    (1) Within one year after January 2, 1975, the President is 
authorized and directed to submit to the Congress a report on the 
feasibility and advisability of combining the Executive Protective 
Service and the United States Park Police within the National Capital 
Service Area, and placing them under the National Capital Service 
Director.
    (2) Such report shall include such recommendations, including 
recommendations for legislative and executive action, as the President 
deems necessary in carrying out the provisions of paragraph (1) of this 
subsection.

(f) Boundaries

    (1)(A) The National Capital Service Area referred to in subsection 
(a) is more particularly described 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 north 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 Canal 
    Street Southwest and South Capitol Street;
        thence northwest on Canal Street 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.

    (B) Where the area in paragraph (1) is bounded by any street, such 
street, and any sidewalk thereof, shall be included within such area.
    (2) Any Federal real property affronting or abutting, as of December 
24, 1973, the area described in paragraph (1) shall be deemed to be 
within such area.
    (3) For the purposes of paragraph (2), Federal real property 
affronting or abutting such area described in paragraph (1) shall--
        (A) be deemed to include, but not limited to, 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) not be construed to include any area situated outside of the 
    District of Columbia boundary as it existed immediately prior to 
    December 24, 1973, nor be construed to include any portion of the 
    Anacostia Park situated east of the northern side of the Eleventh 
    Street Bridge, or any portion of the Rock Creek Park.

(g) Presidential survey; map and description

    (1) Subject to the provisions of paragraph (2) of this subsection, 
the President is authorized and directed to conduct a survey of the area 
described in this section in order to establish the proper metes and 
bounds of such area, and to file, in such manner and at such place as he 
may designate, a map and a legal description of such area, and such 
description and map shall have the same force and effect as if included 
in this Act, except that corrections of clerical, typographical and 
other errors in any such legal descriptions and map may be made. In 
conducting such survey, the President shall make such adjustments as may 
be necessary in order to exclude from the National Capital Service Area 
any privately owned properties, and buildings and adjacent parking 
facilities owned by the District of Columbia government.
    (2) In carrying out the provisions of paragraph (1) of this 
subsection, the President shall, to the extent that such survey, legal 
description, and map involves areas comprising the United States Capitol 
Buildings and Grounds as defined in sections 193a and 193m of this 
title, and other buildings and grounds under the care of the Architect 
of the Capitol, consult with the Architect of the Capitol.
    (3)-(9) Omitted

(h) Creation of National Capital Service Area not to affect existing 
        provisions covering buildings and grounds within Area; 
        availability of services and facilities

    (1) Except to the extent specifically provided by the provisions of 
this section, and amendments made by this section, nothing in this 
section shall be applicable to the United States Capitol Buildings and 
Grounds as defined in sections 193a and 193m of this title, or to any 
other buildings and grounds under the care of the Architect of the 
Capitol, the United States Supreme Court Building and Grounds as defined 
in section 13p of this title, and the Library of Congress Buildings and 
Grounds as defined in section 167j of title 2, and except to the extent 
herein specifically provided, including amendments made by this section, 
nothing in this section shall be construed to repeal, amend, alter, 
modify, or supersede any provision of sections 193a to 193m, 207a, 212a, 
212a-2, 212a-3, and 212b of this title, or any other of the general laws 
of the United States or any of the laws enacted by the Congress and 
applicable exclusively to the District of Columbia, or any rule or 
regulation promulgated pursuant thereto, in effect on January 1, 1975, 
pertaining to said buildings and grounds, or any existing authority, 
with respect to such buildings and grounds, vested by law, or otherwise, 
on such date, in the Senate, the House of Representatives, the Congress, 
or any committee or commission or board thereof, 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 of the 
United States, or the Librarian of Congress.
    (2) Notwithstanding the foregoing provision of this section, any of 
the services and facilities authorized by this Act to be rendered or 
furnished (including maintenance of streets and highways, and services 
under section 1537 of title 31) shall, as far as practicable, be made 
available to the Senate, the House of Representatives, the Congress, or 
any committee or commission or board thereof, the Architect of the 
Capitol, or any other officer of the legislative branch vested by law or 
otherwise on January 1, 1975, with authority over such buildings and 
grounds, the Chief Justice of the United States, the Marshal of the 
Supreme Court of the United States, and the Librarian of Congress, upon 
their request, and, if payment would be required for the rendition or 
furnishing of a similar service or facility to any other Federal agency, 
payment therefor shall be made by the recipient thereof, upon 
presentation of proper vouchers, in advance or by reimbursement (as may 
be agreed upon by the parties rendering and receiving such services).

(i) Continued application of laws, rules, and regulations covering areas 
        within National Capital Service Area

    Except to the extent otherwise specifically provided in the 
provisions of this section, and amendments made by 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 promulgated pursuant thereto, in effect on January 
1, 1975, and which, on such date, are applicable to and within the areas 
included within the National Capital Service Area pursuant to this 
section shall, on and after January 2, 1975, continue to be applicable 
to and within such National Capital Service Area in the same manner and 
to the same extent as if this section had not been enacted, and shall 
remain so applicable until such time as they are repealed, amended, 
altered, modified, or superseded, 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.

(j) Residency within National Capital Service Area

    In no case shall any person be denied the right to vote or otherwise 
participate in any manner in any election in the District of Columbia 
solely because such person resides within the National Capital Service 
Area.

(Pub. L. 93-198, title VII, Sec. 739, Dec. 24, 1973, 87 Stat. 825.)

                       References in Text

    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (c), are classified to section 3301 et 
seq. of Title 5, Government Organization and Employees.
    This Act, referred to in subsecs. (g)(1) and (h)(2), means the 
District of Columbia Self-Government and Governmental Reorganization 
Act, Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 774, which is classified 
principally to the District of Columbia Code. See chapter 2 (Sec. 1-201 
et seq.) of Title 1, Administration, of the District of Columbia Code. 
For classification of this Act to the U.S. Code, see Tables.
    The amendments made by this section, referred to in subsecs. (h)(1) 
and (i), means the amendments made by section 739(d) and (g)(3) to (9) 
of Pub. L. 93-198, which amended sections 13n, 193a, 212a, and 212b of 
this title and section 167h of Title 2, The Congress, and enacted 
provision set out as a note under section 193a of this title.

                          Codification

    Subsecs. (d) and (g)(3) to (9) of this section made the amendments 
specified in the References in Text note above.
    In subsec. (h)(2), ``section 1537 of title 31'' substituted for 
``section 731 of this Act [31 U.S.C. 685a]'' on authority of Pub. L. 97-
258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of 
which enacted Title 31, Money and Finance.
    Section is also set out in section 9-142 of the District of Columbia 
Code.

                         Change of Name

    Reference to Executive Protective Service held to refer to United 
States Secret Service Uniformed Division pursuant to Pub. L. 95-179, set 
out as a note under section 202 of Title 3, The President.


                               Definitions

    The definitions in section 103 of Pub. L. 93-198 (which is 
classified to section 1-202 of the District of Columbia Code) apply to 
this section.
