
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(2)[312]]
[Document affected by Public Law 107-68 Section 135]
[CITE: 40USC216c]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
                 CHAPTER 2--CAPITOL BUILDING AND GROUNDS
 
Sec. 216c. National Garden


(a) Establishment; gifts

    The Architect of the Capitol, subject to the direction of the Joint 
Committee on the Library, is authorized to--
        (1) construct a National Garden demonstrating the diversity of 
    plants, including the rose, our national flower, to be located 
    between Maryland and Independence Avenues, S.W., and extending from 
    the Botanic Garden Conservatory to Third Streets, S.W., in the 
    District of Columbia; and
        (2) solicit, receive, accept, and hold gifts, including money, 
    plant material, and other property, on behalf of the Botanic Garden, 
    and to dispose of, utilize, obligate, expend, disburse, and 
    administer such gifts for the benefit of the Botanic Garden, 
    including among other things, the carrying out of any programs, 
    duties, or functions of the Botanic Garden, and for constructing, 
    equipping, and maintaining the National Garden referred to in 
    paragraph (1).

(b) Gifts and bequests of money; investment; appropriations

    (1) Gifts or bequests of money under subsection (a)(2) of this 
section shall, when received by the Architect, be deposited with the 
Treasurer of the United States, who shall credit these deposits as 
offsetting collections to an account entitled ``Botanic Garden, Gifts 
and Donations''. The gifts or bequests described under subsection (a)(2) 
of this section shall be accepted only in the total amount provided in 
appropriations Acts.
    (2) The Secretary of the Treasury shall invest any portion of the 
account designated in paragraph (1) that, as determined by the 
Architect, is not required to meet current expenses. Each investment 
shall be made in an interest-bearing obligation of the United States or 
an obligation guaranteed both as to principal and interest by the United 
States that, as determined by the Architect, has a maturity date 
suitable for the purposes of the account. The Secretary of the Treasury 
shall credit interest earned on the obligations to the account.
    (3) Receipts, obligations, and expenditures of funds under this 
section shall be included in annual estimates submitted by the Architect 
for the operation and maintenance of the Botanic Garden and such funds 
shall be expended by the Architect, without regard to section 5 of title 
41, for the purposes of this section after approval in appropriation 
Acts. All such sums shall remain available until expended, without 
fiscal year limitation.

(c) Donations of personal services

    (1) In carrying out this section and his duties, the Architect of 
the Capitol may accept personal services, including educationally 
related work assignments for students in nonpay status, if the service 
is to be rendered without compensation.
    (2) No person shall be permitted to donate his or her personal 
services under this section unless such person has first agreed, in 
writing, to waive any and all claims against the United States arising 
out of or in connection with such services, other than a claim under the 
provisions of chapter 81 of title 5.
    (3) No person donating personal services under this section shall be 
considered an employee of the United States for any purpose other than 
for purposes of chapter 81 of title 5.
    (4) In no case shall the acceptance of personal services under this 
section result in the reduction of pay or displacement of any employee 
of the Botanic Garden.

(d) Tax deductions

    Any gift accepted by the Architect of the Capitol under this section 
shall be considered a gift to the United States for purposes of income, 
estate, and gift tax laws of the United States.

(Pub. L. 100-458, title III, Sec. 307E, Oct. 1, 1988, 102 Stat. 2183; 
Pub. L. 102-229, title II, Sec. 209(a), Dec. 12, 1991, 105 Stat. 1716; 
Pub. L. 104-53, title II, Sec. 201(b), Nov. 19, 1995, 109 Stat. 529; 
Pub. L. 105-275, title II, Sec. 201, Oct. 21, 1998, 112 Stat. 2445.)

                       References in Text

    The income, estate, and gift tax laws of the United States, referred 
to in subsec. (d), are classified generally to Title 26, Internal 
Revenue Code.


                               Amendments

    1998--Subsec. (b)(2), (3). Pub. L. 105-275 added par. (2) and 
redesignated former par. (2) as (3).
    1995--Subsec. (a)(1). Pub. L. 104-53 substituted ``plants'' for 
``plans''.
    1991--Pub. L. 102-229 amended section generally. Prior to amendment, 
section read as follows: ``The Architect of the Capitol, subject to the 
direction of the Joint Committee on the Library, is authorized to--
        ``(1) construct a National Garden demonstrating the diversity of 
    plants, including the rose, our national flower, to be located 
    between Maryland and Independence Avenues, S.W., and extending from 
    the United States Botanic Garden Conservatory to Third Street, S.W., 
    in the District of Columbia; and
        ``(2) accept gifts, including money, plants, volunteer time, 
    planning, construction and installation expenses, assistance and 
    implements, and garden structures, on behalf of the United States 
    Botanic Garden for the purpose of constructing the National Garden 
    described in paragraph (1).''


 Funds Available for Constructing, Equipping, and Maintaining National 
                                 Garden

    Pub. L. 102-392, title II, Sec. 201, Oct. 6, 1992, 106 Stat. 1716, 
as amended by Pub. L. 104-53, title II, Sec. 201(a), Nov. 19, 1995, 109 
Stat. 529, provided that: ``Pursuant to section 307E of the Legislative 
Branch Appropriations Act, 1989 (40 U.S.C. 216c), not more than 
$10,000,000 shall be accepted and not more than $10,000,000 of the 
amounts accepted shall be available for obligation by the Architect of 
the Capitol for constructing, equipping, and maintaining the National 
Garden.''


              Renovation of Conservatory of Botanic Garden

    Section 209(b) of Pub. L. 102-229 provided that: ``Pursuant to 
section 307E of the Legislative Branch Appropriations Act, 1989 [40 
U.S.C. 216c], not more than $2,000,000 shall be accepted and not more 
than $2,000,000 of the amounts accepted shall be available for 
obligation by the Architect for preparation of working drawings, 
specifications, and cost estimates for renovation of the Conservatory of 
the Botanic Garden.''
