
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: 40USC872]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
   CHAPTER 19--CAPITOL AND WHITE HOUSE-PENNSYLVANIA AVENUE DEVELOPMENT
 
Sec. 872. Pennsylvania Avenue Development Corporation


(a) Establishment

    There is hereby created a body corporate to be known as the 
Pennsylvania Avenue Development Corporation (hereinafter referred to as 
the ``Corporation'').

(b) Dissolution

    The Corporation shall be dissolved on or before April 1, 1996. Upon 
dissolution, assets, obligations, indebtedness, and all unobligated and 
unexpended balances of the Corporation shall be transferred in 
accordance with the Department of the Interior and Related Agencies 
Appropriations Act, 1996.

(c) Board of Directors; composition

    The powers and management of the Corporation shall be vested in a 
Board of Directors consisting of fifteen members, as follows:
        (1) The Secretary of the Interior;
        (2) The Secretary of the Treasury;
        (3) The Secretary of Housing and Urban Development;
        (4) The Secretary of Transportation;
        (5) The Administrator of General Services;
        (6) The Mayor of the District of Columbia;
        (7) The Chairman, Council of the District of Columbia; and
        (8) Eight, at least four of whom shall be residents and who are 
    registered voters of the District of Columbia, appointed by the 
    President from private life, who shall have knowledge and experience 
    in one or more fields of history, architecture, city planning, 
    retailing, real estate, construction, or government.

(d) Alternate directors

    Each member of the Board of Directors specified in paragraphs (1) 
through (7) of subsection (c) of this section may designate another 
official to serve on the Board in his stead if unable to serve in 
person.

(e) Term of office

    Each member of the Board of Directors appointed under paragraph (8) 
of subsection (c) of this section shall serve for a term of six years 
from the expiration of his predecessor's term; except that (1) any 
Director appointed to fill a vacancy occurring prior to the expiration 
of the term for which his predecessor was appointed shall be appointed 
for the remainder of such term, and (2) the terms of office of the 
Directors first taking office shall begin on October 27, 1972, and shall 
expire as designated at the time of appointment, two at the end of two 
years, two at the end of four years, and four at the end of six years. A 
Director may continue to serve until his successor has qualified.

(f) Chairman

    The President shall designate a Chairman and a Vice Chairman from 
among the members of the Board of Directors, chosen from private life.

(g) Nonvoting membership on board

    The Chairman, upon his appointment, shall invite to serve on the 
Board of Directors as nonvoting members the following:
        (1) The Chairman of the Commission of Fine Arts;
        (2) The Chairman of the National Capital Planning Commission;
        (3) The Secretary of the Smithsonian Institution;
        (4) The Director of the National Gallery of Art;
        (5) The Architect of the Capitol;
        (6) The Archivist of the United States;
        (7) The Chairman of the District of Columbia, Commission on the 
    Arts; and
        (8) The Director of the District of Columbia Department of 
    Housing and Community Development.

(h) Compensation

    Members of the Board of Directors who are officers or employees of 
the Federal or District of Columbia government shall receive no 
additional compensation by virtue of their membership on the Board. 
Other members of the Board, when engaged in the activities of the 
Corporation, shall be entitled to receive compensation at the daily 
equivalent of the rate for GS-18 of the General Schedule, and travel 
expenses, including per diem in lieu of subsistence, as authorized by 
law (5 U.S.C. 5703(b)-(d) \1\ and 5707) for persons in the Government 
service employed intermittently.
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    \1\ See References in Text note below.
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(i) Meetings; quorum

    The Board of Directors shall meet at the call of the Chairman, who 
shall require it to meet not less often than once each three months. A 
majority of the voting members of the Board of Directors (or their 
designated alternates) shall constitute a quorum.

(j) Advisory Board

    There shall be established a nonvoting Advisory Board of seven 
members appointed by the Chairman from among tenants and owners of real 
property within the development area. The Advisory Board shall meet at 
least twice annually with the Board of Directors, and shall otherwise 
offer such advice and assistance as may be of benefit to the Board of 
Directors during preparation of the development plan.

(Pub. L. 92-578, Sec. 3, Oct. 27, 1972, 86 Stat. 1267; Pub. L. 95-629, 
title I, Sec. 101(1)(a)-(c), Nov. 10, 1978, 92 Stat. 3635; Pub. L. 98-
141, Sec. 8(c)(1), Oct. 31, 1983, 97 Stat. 910; Pub. L. 104-134, title 
I, Sec. 101(c) [title III, Sec. 313(g)], Apr. 26, 1996, 110 Stat. 1321-
156, 1321-200; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 
1996, 110 Stat. 1327.)

                       References in Text

    The Department of the Interior and Related Agencies Appropriations 
Act, 1996, referred to in subsec. (b), is section 101(c) of Pub. L. 104-
134, title I, Apr. 26, 1996, 110 Stat. 1321-156; renumbered title I, 
Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327. For complete 
classification of this Act to the Code, see Tables.
    Section 5703 of title 5, referred to in subsec. (h), was amended 
generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and, as 
so amended, does not contain subsecs. (b)-(d).


                               Amendments

    1996--Subsec. (b). Pub. L. 104-134 amended subsec. (b) generally. 
Prior to amendment, subsec. (b) read as follows: ``The Corporation shall 
be dissolved upon completion, as determined by the Board of Directors, 
of its implementation of the development plan provided for in section 
874 of this title. Upon dissolution, assets remaining after all the 
obligations and indebtedness of the Corporation has been fulfilled and 
paid or satisfied shall be the assets of the United States.''
    1983--Subsec. (c)(7). Pub. L. 98-141 inserted ``(7)'' before ``The 
Chairman, Council of the District of Columbia''.
    1978--Subsec. (c)(6). Pub. L. 95-629, Sec. 101(1)(a), substituted 
``The Mayor of the District of Columbia'' for ``The Commissioner of the 
District of Columbia''.
    Subsec. (c)(7). Pub. L. 95-629, Sec. 101(1)(b), substituted ``The 
Chairman, Council of the District of Columbia'' for ``The Chairman, 
District of Columbia Council''.
    Subsec. (g)(8). Pub. L. 95-629, Sec. 101(1)(c), substituted ``The 
Director of the District of Columbia Department of Housing and Community 
Development'' for ``The Chairman of the District of Columbia 
Redevelopment Land Agency''.


Transfer of Remaining Balances and Associated Assets and Liabilities of 
                 Pennsylvania Avenue Activities Account

    Pub. L. 105-277, div. A, Sec. 101(h) [title IV], Oct. 21, 1998, 112 
Stat. 2681-480, 2681-502, provided in part: ``That the remaining 
balances and associated assets and liabilities of the Pennsylvania 
Avenue Activities account are hereby transferred to the Federal 
Buildings Fund to be effective October 1, 1998, and that all income 
earned after that effective date that would otherwise have been 
deposited to the Pennsylvania Avenue Activities account shall thereafter 
be deposited to the Federal Buildings Fund, to be available for the 
purposes authorized by Public Laws 104-134 [see Tables for 
classification] and 104-208 [see Tables for classification], 
notwithstanding subsection [sic] 210(f)(2) of the Federal Property and 
Administrative Services Act, as amended [40 U.S.C. 490(f)(2)]''.


    Rights and Authorities of Former Pennsylvania Avenue Development 
                               Corporation

    Pub. L. 104-208, div. A, title I, Sec. 101(f) [title IV], Sept. 30, 
1996, 110 Stat. 3009-314, 3009-335, provided in part: ``That the 
Administrator is authorized in fiscal year 1997 and thereafter, to enter 
into and perform such leases, contracts, or other transactions with any 
agency or instrumentality of the United States, the several States, or 
the District of Columbia, or with any person, firm, association, or 
corporation, as may be necessary to implement the trade center plan at 
the Federal Triangle Project and is hereby granted all the rights and 
authorities of the former Pennsylvania Avenue Development Corporation 
(PADC) with regard to property transferred from the PADC to the General 
Services Administration in fiscal year 1996: Provided further, That 
notwithstanding any other provision of law, the Administrator of General 
Services is hereby authorized to use all funds transferred from the PADC 
or income earned on PADC properties for activities associated with 
carrying out the responsibilities of the PADC transferred to the 
Administrator of General Services and that any such income earned on or 
after April 1, 1996, shall be deposited to the Pennsylvania Avenue 
Activities account and shall remain available until expended: Provided 
further, That any funds or income as may be deemed by the Administrator 
as excess to the amount needed to fulfill the PADC responsibilities 
transferred to the Administrator of General Services, shall be applied 
to any outstanding debt, with the exception of debt associated with the 
Ronald Reagan Building and International Trade Center, incurred by the 
PADC in the course of acquiring real estate: Provided further, That with 
respect to real property transferred from the PADC to the General 
Services Administration pursuant to section 313 of Public Law 104-134, 
Title III, General Provisions [set out below], the Administrator of 
General Services is hereafter authorized and directed to make payments 
required by section 10(b) of the PADC Act of 1972, Public Law 92-578 [40 
U.S.C. 879(b)] in the same manner as previously paid by the PADC''.


   Transfer and Assignment of All Rights, Title, and Interest in All 
      Leases, Covenants, Agreements, Easements, and in All Property

    Section 101(c) [title III, Sec. 313(a)-(f)] of Pub. L. 104-134 
provided that:
    ``(a) On or before April 1, 1996, the Pennsylvania Avenue 
Development Corporation shall--
        ``(1) transfer and assign in accordance with this section all of 
    its rights, title, and interest in and to all of the leases, 
    covenants, agreements, and easements it has executed or will execute 
    by March 31, 1996, in carrying out its powers and duties under the 
    Pennsylvania Avenue Development Corporation Act [of 1972] (40 U.S.C. 
    871-885) and the Federal Triangle Development Act (40 U.S.C. 1101-
    1109) to the General Services Administration, National Capital 
    Planning Commission, or the National Park Service; and
        ``(2) except as provided by subsection (d), transfer all rights, 
    title, and interest in and to all property, both real and personal, 
    held in the name of the Pennsylvania Avenue Development Corporation 
    to the General Services Administration.
    ``(b) The responsibilities of the Pennsylvania Avenue Development 
Corporation transferred to the General Services Administration under 
subsection (a) include, but are not limited to, the following:
        ``(1) Collection of revenue owed the Federal Government as a 
    result of real estate sales or lease agreements entered into by the 
    Pennsylvania Avenue Development Corporation and private parties, 
    including, at a minimum, with respect to the following projects:
            ``(A) The Willard Hotel property on Square 225.
            ``(B) The Gallery Row project on Square 457.
            ``(C) The Lansburgh's project on Square 431.
            ``(D) The Market Square North project on Square 407.
        ``(2) Collection of sale or lease revenue owed the Federal 
    Government (if any) in the event two undeveloped sites owned by the 
    Pennsylvania Avenue Development Corporation on Squares 457 and 406 
    are sold or leased prior to April 1, 1996.
        ``(3) Application of collected revenue to repay United States 
    Treasury debt incurred by the Pennsylvania Avenue Development 
    Corporation in the course of acquiring real estate.
        ``(4) Performing financial audits for projects in which the 
    Pennsylvania Avenue Development Corporation has actual or potential 
    revenue expectation, as identified in paragraphs (1) and (2), in 
    accordance with procedures described in applicable sale or lease 
    agreements.
        ``(5) Disposition of real estate properties which are or become 
    available for sale and lease or other uses.
        ``(6) Payment of benefits in accordance with the Uniform 
    Relocation Assistance and Real Property Acquisitions [sic] Policies 
    Act of 1970 [42 U.S.C. 4601 et seq.] to which persons in the project 
    area squares are entitled as a result of the Pennsylvania Avenue 
    Development Corporation's acquisition of real estate.
        ``(7) Carrying out the responsibilities of the Pennsylvania 
    Avenue Development Corporation under the Federal Triangle 
    Development Act (40 U.S.C. 1101-1109), including responsibilities 
    for managing assets and liabilities of the Corporation under such 
    Act.
    ``(c) In carrying out the responsibilities of the Pennsylvania 
Avenue Development Corporation transferred under this section, the 
Administrator of the General Services Administration shall have the 
following powers:
        ``(1) To acquire lands, improvements, and properties by 
    purchase, lease or exchange, and to sell, lease, or otherwise 
    dispose of real or personal property as necessary to complete the 
    development plan developed under section 5 of the Pennsylvania 
    Avenue Development Corporation Act of 1972 (40 U.S.C. 874) if a 
    notice of intention to carry out such acquisition or disposal is 
    first transmitted to the Committee on Transportation and 
    Infrastructure and the Committee on Appropriations of the House of 
    Representatives and the Committee on Environment and Public Works 
    and the Committee on Appropriations of the Senate and at least 60 
    days elapse after the date of such transmission.
        ``(2) To modify from time to time the plan referred to in 
    paragraph (1) if such modification is first transmitted to the 
    Committee on Transportation and Infrastructure and the Committee on 
    Appropriations of the House of Representatives and the Committee on 
    Environment and Public Works and the Committee on Appropriations of 
    the Senate and at least 60 days elapse after the date of such 
    transmission.
        ``(3) To maintain any existing Pennsylvania Avenue Development 
    Corporation insurance programs.
        ``(4) To enter into and perform such leases, contracts, or other 
    transactions with any agency or instrumentality of the United 
    States, the several States, or the District of Columbia or with any 
    person, firm, association, or corporation as may be necessary to 
    carry out the responsibilities of the Pennsylvania Avenue 
    Development Corporation under the Federal Triangle Development Act 
    (40 U.S.C. 1101-1109).
        ``(5) To request the Council of the District of Columbia to 
    close any alleys necessary for the completion of development in 
    Square 457.
        ``(6) To use all of the funds transferred from the Pennsylvania 
    Avenue Development Corporation or income earned on Pennsylvania 
    Avenue Development Corporation property to complete any pending 
    development projects.
    ``(d)(1)(A) On or before April 1, 1996, the Pennsylvania Avenue 
Development Corporation shall transfer all its right, title, and 
interest in and to the property described in subparagraph (B) to the 
National Park Service, Department of the Interior.
    ``(B) The property referred to in subparagraph (A) is the property 
located within the Pennsylvania Avenue National Historic Site depicted 
on a map entitled `Pennsylvania Avenue National Historic Park', dated 
June 1, 1995, and numbered 840-82441, which shall be on file and 
available for public inspection in the offices of the National Park 
Service, Department of the Interior. The Pennsylvania Avenue National 
Historic Site includes the parks, plazas, sidewalks, special lighting, 
trees, sculpture, and memorials.
    ``(2) Jurisdiction of Pennsylvania Avenue and all other roadways 
from curb to curb shall remain with the District of Columbia but vendors 
shall not be permitted to occupy street space except during temporary 
special events.
    ``(3) The National Park Service shall be responsible for management, 
administration, maintenance, law enforcement, visitor services, resource 
protection, interpretation, and historic preservation at the 
Pennsylvania Avenue National Historic Site.
    ``(4) The National Park Service may enter into contracts, 
cooperative agreements, or other transactions with any agency or 
instrumentality of the United States, the several States, or the 
District of Columbia or with any person, firm, association, or 
corporation as may be deemed necessary or appropriate for the conduct of 
special events, festivals, concerts, or other art and cultural programs 
at the Pennsylvania Avenue National Historic Site or may establish a 
nonprofit foundation to solicit funds for such activities.
    ``(e) Notwithstanding any other provision of law, the responsibility 
for ensuring that development or redevelopment in the Pennsylvania 
Avenue area is carried out in accordance with the Pennsylvania Avenue 
Development Corporation Plan--1974, as amended, is transferred to the 
National Capital Planning Commission or its successor commencing April 
1, 1996.
    ``(f) Savings Provisions.--
        ``(1) Regulations.--Any regulations prescribed by the 
    Corporation in connection with the Pennsylvania Avenue Development 
    Corporation Act of 1972 (40 U.S.C. 871-885) and the Federal Triangle 
    Development Act (40 U.S.C. 1101-1109) shall continue in effect until 
    suspended by regulations prescribed by the Administrator of the 
    General Services Administration.
        ``(2) Existing rights, duties, and obligations not affected.--
    Subsection (a) shall not be construed as affecting the validity of 
    any right, duty, or obligation of the United States or any other 
    person arising under or pursuant to any contract, loan, or other 
    instrument or agreement which was in effect on the day before the 
    date of the transfers under subsection (a).
        ``(3) Continuation of suits.--No action or other proceeding 
    commenced by or against the Corporation in connection with 
    administration of the Pennsylvania Avenue Development Corporation 
    Act of 1972 (40 U.S.C. 871-885) and the Federal Triangle Development 
    Act (40 U.S.C. 1101-1109) shall abate by reason of enactment and 
    implementation of this Act [probably means the Department of the 
    Interior and Related Agencies Appropriations Act, 1996, enacted by 
    section 101(c) of Pub. L. 104-134], except that the General Services 
    Administration shall be substituted for the Corporation as a party 
    to any such action or proceeding.''


                     Archivist of the United States

    References to Archivist of the United States deemed to refer to 
Archivist appointed under section 2103 of Title 44, Public Printing and 
Documents, with respect to functions transferred by Pub. L. 98-497 or an 
amendment made by Pub. L. 98-497 and exercised after Apr. 1, 1985, see 
sections 106 and 108 of Pub. L. 98-497, set out as notes under section 
2102 of Title 44.


                     Termination of Advisory Boards

    Advisory boards in existence on Jan. 5, 1973, to terminate not later 
than the expiration of the 2-year period following Jan. 5, 1973, unless, 
in the case of a board established by the President or an officer of the 
Federal Government, such board is renewed by appropriate action prior to 
the expiration of such 2-year period, or in the case of a board 
established by the Congress, its duration is otherwise provided by law. 
See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 
776, set out in the Appendix to Title 5, Government Organization and 
Employees.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.
