[House Report 109-48]
[From the U.S. Government Publishing Office]



109th Congress
                        HOUSE OF REPRESENTATIVES
                                                                 Report
 1st Session                                                     109-48

======================================================================



 
                     TECHNICAL CORRECTIONS TO THE 
                           UNITED STATES CODE

                                _______
                                

 April 19, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 866]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 866) to make technical corrections to the United 
States Code, having considered the same, reports favorably 
thereon and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
General Explanation..............................................     1
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     2
Congressional Budget Office Cost Estimate........................     2
Performance Goals and Objectives.................................     3
Constitutional Authority Statement...............................     3
Section-by-Section Summary.......................................     3
Changes in Existing Law Made by the Bill, as Reported............     4
Markup Transcript................................................    17

                          General Explanation

    Purpose.--The purpose of the bill is to make technical 
corrections to the United States Code relating to cross 
references, typographical errors, and stylistic matters.
    Background.--The Office of the Law Revision Counsel of the 
House of Representatives has prepared the bill and submitted it 
to the Committee as part of the responsibilities of the Office 
under section 285(b) of title 2, United States Code, to provide 
revisions in titles of the Code that have been enacted into 
positive law so that those titles may be kept current.

                                Hearings

    Because H.R. 866 makes only technical corrections, the 
Committee did not hold any hearings on the bill.

                        Committee Consideration

    At a meeting of the Committee on April 13, 2005, a quorum 
being present, H.R. 866 was approved by a voice vote and 
ordered reported.

                         Vote of the Committee

    During full committee consideration of H.R. 866 the 
Committee took no roll call votes.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of Rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of Rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of Rule XIII of the Rules of the House of 
Representatives is inapplicable because H.R. 866 does not 
provide new budget authority or an increase in tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of Rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 866, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 15, 2005.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 866, a bill to 
make technical corrections to the United States Code.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford, who can be reached at 226-2860.
            Sincerely,
                                       Douglas Holtz-Eakin.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 866--A bill to make technical corrections to the United States 
        Code.
    CBO estimates that enacting H.R. 866 would have no impact 
on the Federal budget. Enacting the bill would not affect 
direct spending or revenues. H.R. 866 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of State, local, or tribal governments.
    H.R. 866 would correct cross-references, typographical 
errors, and make changes to various parts of the United States 
Code. Because these changes are technical, CBO estimates that 
enacting H.R. 866 would have no budgetary impact.
    The CBO staff contact for this estimate is Matthew 
Pickford, who may be reached at 226-2860. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                    Performance Goals and Objectives

    Clause 3(c)(4) of Rule XIII of the Rules of the House of 
Representatives is inapplicable because H.R. 866 does not 
authorize funding. H.R. 866 makes technical corrections to the 
United States Code relating to cross references, typographical 
errors, and stylistic matters.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

                       Section-by-Section Summary

                           SECTION 1--PURPOSE

    Section 1 contains a statement of the purpose of the bill.

                SECTION 2--TITLE 10, UNITED STATES CODE

    Section 2 updates a cross reference in title 10, United 
States Code.

                SECTION 3--TITLE 23, UNITED STATES CODE

    Section 3 updates cross references in title 23, United 
States Code.

                SECTION 4--TITLE 28, UNITED STATES CODE

    Section 4 updates cross references in title 28, United 
States Code.

                SECTION 5--TITLE 36, UNITED STATES CODE

    Section 5 makes technical corrections to title 36, United 
States Code, relating to cross references, typographical 
errors, and stylistic matters.

                SECTION 6--TITLE 40, UNITED STATES CODE

    Section 6 makes technical corrections to title 40, United 
States Code, relating to cross references, typographical 
errors, and stylistic matters.

         Changes in Existing Law Made by the Bill, as Reported

    As required by clause 3(e) of Rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill are shown below. Existing law proposed to be omitted is 
enclosed in bold brackets, new matter is printed in italic, and 
existing law in which no change is proposed is shown in roman.

   Changes in Existing Law Made by Section 2 of the Bill (Technical 
              Corrections to Title 10, United States Code)

                         TITLE 10--ARMED FORCES

                                 * * *

Sec. 2701. Environmental restoration program

                                 * * *

    (i) Surety Bonds.--
          (1) Applicability of [miller act] sections 3131 and 
        3133 of title 40.--If under sections 3131 and 3133 of 
        title 40 surety bonds are required for any direct 
        Federal procurement of any response action contract 
        under the Defense Environmental Restoration Program and 
        are not waived pursuant to section 3134 of title 40, 
        the surety bonds shall be issued in accordance with 
        sections 3131 and 3133.

                                 * * *

   Changes in Existing Law Made by Section 3 of the Bill (Technical 
              Corrections to Title 23, United States Code)

                           TITLE 23--HIGHWAYS

                                 * * *

Sec. 107. Acquisition of rights-of-way--Interstate System

    (a) In any case in which the Secretary is requested by a 
State to acquire lands or interests in lands (including within 
the term ``interests in lands'', the control of access thereto 
from adjoining lands) required by such State for right-of-way 
or other purposes in connection with the prosecution of any 
project for the construction, reconstruction, or improvement of 
any section of the Interstate System, the Secretary is 
authorized, in the name of the United States and prior to the 
approval of title by the Attorney General, to acquire, enter 
upon, and take possession of such lands or interests in lands 
by purchase, donation, condemnation, or otherwise in accordance 
with the laws of the United States (including [the Act of 
February 26, 1931, 46 Stat. 1421] sections 3114 to 3116 and 
3118 of title 40), if--

                                 * * *

Sec. 210. Defense access roads

                                 * * *

    (e) If the Secretary shall determine that the State 
transportation department of any State is unable to obtain 
possession and the right to enter upon and use the required 
rights-of-way, lands, or interest in lands, improved or 
unimproved, required for any project authorized by this section 
with sufficient promptness, the Secretary is authorized to 
acquire, enter upon, take possession thereof, and expend funds 
for projects thereon, prior to approval of title by the 
Attorney General, in the name of the United States, such 
rights-of-way, lands, or interest in lands as may be required 
in such State for such projects by purchase, donation, 
condemnation, or otherwise in accordance with the laws of the 
United States (including [the Act of February 26, 1931; 46 
Stat. 1421] sections 3114 to 3116 and 3118 of title 40). The 
cost incurred by the Secretary in acquiring any such rights-of-
way, lands, or interest in lands may include the cost of 
examination and abstract of title, certificate of title, 
advertising, and any fees incidental to such acquisition; and 
shall be payable out of the funds available for paying the cost 
or the Federal share of the cost of the project for which such 
rights-of-way, lands, or interests in lands are acquired. The 
Secretary is further authorized and directed by proper deed 
executed in the name of the United States to convey any lands 
or interests in lands acquired in any State under the 
provisions of prior Acts or of this section to the State 
transportation department of such State or to such political 
subdivision thereof as its laws may provide, upon such terms 
and conditions as may be agreed upon by the Secretary and the 
State transportation department, or political subdivisions to 
which the conveyance is to be made.

                                 * * *

   Changes in Existing Law Made by Section 4 of the Bill (Technical 
              Corrections to Title 28, United States Code)

               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

                                 * * *

           CHAPTER 91--UNITED STATES COURT OF FEDERAL CLAIMS

Sec.

                                 * * *

1499.  Liquidated damages withheld from contractors under [Contract Work 
          Hours and Safety Standards Act] chapter 37 of title 40.

                                 * * *

Sec. 1499. Liquidated damages withheld from contractors under [Contract 
                    Work Hours and Safety Standards Act] chapter 37 of 
                    title 40

                                 * * *

   Changes in Existing Law Made by Section 5 of the Bill (Technical 
              Corrections to Title 36, United States Code)

     TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND 
                             ORGANIZATIONS

                                 * * *

              CHAPTER 5--PRESIDENTIAL INAUGURAL CEREMONIES

Sec.

                                 * * *

510.  Disclosure of and prohibition on certain donations.
[510] 511.  Authorization of appropriations.

                                 * * *

                  CHAPTER 23--UNITED STATES HOLOCAUST 
                            MEMORIAL MUSEUM

Sec.

                                 * * *

2306.  Insurance for [museum] Museum.

                                 * * *

Sec. 2301. Establishment of the United States Holocaust Memorial 
                    Museum; functions

    The United States Holocaust Memorial Museum (hereafter in 
this chapter referred to as the ``Museum'') is an independent 
establishment of the [United State Government] United States 
Government. The Museum shall--

                                 * * *

Sec. 20908. Restrictions

                                 * * *

    (c) Distribution of Income or Assets.--The income or assets 
of the corporation may not inure to the benefit of, or be 
distributed to, a director, officer, or member during the life 
of the charter granted by this chapter. This subsection does 
not prevent the payment of reasonable compensation to an 
officer or reimbursement for actual necessary expenses in 
amounts approved by the [board or directors] board of 
directors.

                                 * * *

Sec. 40103. Purposes

                                 * * *

          (13) function as a veterans' and patriotic 
        organization as authorized by the [laws of the each 
        State] laws of each State in which it is incorporated.

                                 * * *

Sec. 70912. Service of process

                                 * * *

    (b) States, Territories, and Possessions.--As a condition 
to the exercise of any power or privilege granted by this 
chapter, the [Corporation] corporation shall file, with the 
Secretary of State or other designated official of each State, 
territory, or possession of the United States in which a 
subordinate association or chapter is organized, the name and 
address of an agent in that State, territory, or possession on 
whom legal process or demands against the corporation may be 
served.

                                 * * *

Sec. 150511. Service of process

                                 * * *

    (b) States.--As a condition to the exercise in any State of 
any power or privilege granted by this chapter, the corporation 
shall file, [with secretary] with the secretary of state or 
other designated official of that State, the name and address 
of an agent in that State on whom legal process or demands 
against the corporation may be served.

                                 * * *

Sec. 151303. Board of directors

                                 * * *

    (c) Chairman.--[The Chairman] The chairman shall be elected 
by the board from its voting members for a 2-year term.

                                 * * *

Sec. 153513. Distribution of assets on dissolution or final liquidation

    (a) Allowable Recipients.--On dissolution or final 
liquidation of the corporation, any assets remaining after the 
discharge of all liabilities shall be distributed, as decided 
by the board of trustees, to--
          (1) the United States Government, to be administered 
        by the Secretary of the Interior under the Act of 
        August 25, 1916 [(16 U.S.C. 1 et seq.), known as the 
        National Park Service Organic Act))] (16 U.S.C. 1 et 
        seq.) (known as the National Park Service Organic Act); 
        or

                                 * * *

Sec. 220104. Governing body

    (a) Board of Governors.--

                                 * * *

    (2) The board shall be elected by the members of the 
corporation for the term and in the classes provided in the 
bylaws of the corporation. The board includes--

                                 * * *

          (B) the Secretary of [State] Defense or the 
        Secretary's designee; and

                                 * * *

             CHAPTER 2205--UNITED STATES OLYMPIC COMMITTEE

                       SUBCHAPTER I--CORPORATION

Sec.

                                 * * *

220501.  [Definitions.] Short title and definitions.

                                 * * *

Sec. 220501. [Title and Definitions] Short title and definitions

    (a) [Title] Short Title.--This chapter may be cited as the 
``Ted Stevens Olympic and Amateur Sports Act''.

                                 * * *

Sec. 220505. Powers

                                 * * *

    (b) General Corporate Powers.--The corporation may--

                                 * * *

          (9) sue and be sued, except that any civil action 
        brought in a State court against the corporation and 
        solely relating to the corporation's responsibilities 
        under [this Act] this chapter shall be removed, at the 
        request of the corporation, to the district court of 
        the United States in the district in which the action 
        was brought, and such district court shall have 
        original jurisdiction over the action without regard to 
        the amount in controversy or citizenship of the parties 
        involved, and except that neither this paragraph nor 
        any other provision of this chapter shall create a 
        private right of action under this chapter; and

                                 * * *

Sec. 220506. Exclusive right to name, seals, emblems, and badges

                                 * * *

    (d) Pre-Existing and Geographic Reference Rights.--

                                 * * *

    (3) Use of the word ``Olympic'' to identify a business or 
goods or services is permitted by this section where--
          (A) such use is not combined with any of the 
        intellectual properties referenced in [subsections] 
        subsection (a) or (c) of this section;

                                 * * *

Sec. 220509. Resolution of disputes

                                 * * *

    (b) Ombudsman.--
          (1) The corporation shall hire and provide salary, 
        benefits, and administrative expenses for an ombudsman 
        for athletes, who shall--
                  (A) provide independent advice to athletes at 
                no cost about the applicable provisions of this 
                chapter and the constitution and bylaws of the 
                corporation, national governing bodies, [a] 
                paralympic sports organizations, international 
                sports federations, the International Olympic 
                Committee, the International Paralympic 
                Committee, and the Pan-American Sports 
                Organization, and with respect to the 
                resolution of any dispute involving the 
                opportunity of an amateur athlete to 
                participate in the Olympic Games, the 
                Paralympic Games, the Pan-American Games, world 
                championship competition or other protected 
                competition as defined in the constitution and 
                bylaws of the corporation;

                                 * * *

Sec. 220511. [Annual report] Report

                                 * * *

Sec. 220512. Complete teams

    In obtaining representation for the United States in each 
competition and event of the Olympic Games, Paralympic Games, 
and Pan-American Games, the corporation, either directly or by 
delegation to the appropriate national governing body or 
paralympic sports organization, may select, but is not 
obligated to select (even if not selecting will result in an 
incomplete team for an event), athletes who have not met the 
eligibility standard of the national governing body and the 
[Corporation] corporation, when the number of athletes who have 
met the eligibility standards of such entities is insufficient 
to fill the roster for an event.

                                 * * *

Sec. 220521. Recognition of amateur sports organizations as national 
                    governing bodies

    (a) General Authority.--For any sport which is included on 
the program of the Olympic Games, the Paralympic Games, or the 
Pan-American Games, the corporation is authorized to recognize 
as a national governing body (in the case of a sport on the 
program of the Olympic Games or Pan-American Games) or as a 
paralympic sports organization (in the case of a sport on the 
program of the Paralympic Games for which a national governing 
body has not been designated under section 220522(b)) an 
amateur sports organization which files an application and is 
eligible for such recognition in accordance with the provisions 
of [subsections] subsection (a) or (b) of section 220522. The 
corporation may recognize only one national governing body for 
each sport for which an application is made and approved, 
except as provided in section 220522(b) with respect to a 
paralympic sports organization.

                                 * * *

   Changes in Existing Law Made by Section 6 of the Bill (Technical 
              Corrections to Title 40, United States Code)

            TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

                                 * * *

Sec. 522. Reimbursement for transfer of excess property

    (a) In General.--Subject to subsections (b) and (c) [of 
this section], the Administrator of General Services, with the 
approval of the Director of the Office of Management and 
Budget, shall prescribe the amount of reimbursement required 
for a transfer of excess property.
    (b) Reimbursement [At] at Fair Value.--The amount of 
reimbursement required for a transfer of excess property is the 
fair value of the property, as determined by the Administrator, 
if--

                                 * * *

Sec. 552. Abandoned or unclaimed property on Government premises

    [(a) Authority To Take PropertyAdministrator] (a) Authority 
To Take Property.--The Administrator of General Services may 
take possession of abandoned or unclaimed property on premises 
owned or leased by the Federal Government and determine when 
title to the property vests in the Government. The 
Administrator may use, transfer, or otherwise dispose of the 
property.

                                 * * *

Sec. 554. Property for development or operation of a port facility

                                 * * *

    (c) Authority for Conveyance by the Secretary of 
[Transportation.] Transportation.--

                                 * * *

Sec. 581. General authority of Administrator of General Services

                                 * * *

    (b) Personnel and Equipment.--[The Administrator may] The 
Administrator of General Services may--

                                 * * *

Sec. 593. Protection for veterans preference employees

                                 * * *

    (b) In General.--Except as provided in subsection (c), 
amounts made [available to the Administration] available to the 
General Services Administration pursuant to section 592 of this 
title may not be obligated or expended to procure covered 
services by contract if an employee who was a permanent 
veterans preference employee of the Administration on November 
19, 1995, would be terminated as a result.

                                 * * *

Sec. 611. Duty to report violations

    During the regular course of the duties of the 
Administrator of General Services, if the Administrator becomes 
aware of a violation of section 1343, 1344, or 1349(b) of title 
31 or of section 641 of title 18 involving the conversion by a 
Federal Government official or employee of a Government-owned 
or leased motor vehicle to the official or employee's own use 
or to the use of others, the Administrator shall report the 
violation to the head of the agency in which the official or 
employee is employed, for further investigation and either 
appropriate disciplinary action under section 1343, 1344, or 
1349(b) of title 31 or, if appropriate, referral to the 
Attorney General for prosecution under section 641 of title 18.

                                 * * *

Sec. 3131. Bonds of contractors of public buildings or works

                                 * * *

    (e) Authority [to] To Require Additional Bonds.--This 
section does not limit the authority of a contracting officer 
to require a performance bond or other security in addition to 
those, or in cases other than the cases, specified in 
subsection (b).

                                 * * *

Sec. 3133. Rights of persons furnishing labor or material

                                 * * *

    (b) Right [to] To Bring a Civil Action.--

                                 * * *

    [(c) A waiver] (c) Waiver of Right to Civil Action.--A 
waiver of the right to bring a civil action on a payment bond 
required under this subchapter is void unless the waiver is--

                                 * * *

Sec. 3141. Definitions

    In this subchapter, the following definitions apply:
          (1) Federal government.--The term ``Federal 
        Government'' has the same meaning that the term 
        ``United States'' had in the Act of March 3, 1931 (ch. 
        411, 46 Stat. [1494] 1494) (known as the Davis-Bacon 
        Act).

                                 * * *

Sec. 3142. Rate of wages for laborers and mechanics

                                 * * *

    (d) Discharge of Obligation.--The obligation of a 
contractor or subcontractor to make payment in accordance with 
the prevailing wage determinations of the Secretary of Labor, 
under this subchapter and other laws incorporating this 
subchapter by reference, may be discharged by making payments 
in cash, by making contributions described in section 
3141(2)(B)(i) of this title, by assuming an enforceable 
commitment to bear the costs of a plan or program referred to 
in section 3141(2)(B)(ii) of this title, or by any combination 
of payment, contribution, and assumption, where the aggregate 
of the payments, contributions, and costs is not less than the 
basic hourly rate of pay plus the amount referred to in section 
3141(2)(B) of this title.
    (e) Overtime Pay.--In determining the overtime pay to which 
a laborer or mechanic is entitled under any federal law, the 
regular or basic hourly rate of pay (or other alternative rate 
on which premium rate of overtime compensation is computed) of 
the laborer or mechanic is deemed to be the rate computed under 
section 3141(2)(A) of this title, except that where the amount 
of payments, contributions, or costs incurred with respect to 
the laborer or mechanic exceeds the applicable prevailing wage, 
the regular or basic hourly rate of pay (or other alternative 
rate) is the amount of payments, contributions, or costs 
actually incurred with respect to the laborer or mechanic minus 
the greater of the amount of contributions or costs of the 
types described in section 3141(2)(B) of this title actually 
incurred with respect to the laborer or mechanic or the amount 
determined under section 3141(2)(B) of this title but not 
actually paid.

                                 * * *

Sec. 3701. Definition and application

                                 * * *

    (b) Application.--

                                 * * *

          (3) Exceptions.--

                                 * * *

                  (B) Section [3902] 3702.--Section [3902] 3702 
                of this title does not apply to work where the 
                assistance described in [subsection (a)(2)(C)] 
                paragraph (1)(B)(iii) from the Government or an 
                agency or instrumentality is only a loan 
                guarantee or insurance.

Sec. 3702. Work hours

                                 * * *

    (d) Amounts Withheld [to] To Satisfy Liabilities.--Subject 
to section 3703 of this title, the governmental agency for 
which the contract work is done or which is providing financial 
assistance for the work may withhold, or have withheld, from 
money payable because of work performed by a contractor or 
subcontractor, amounts administratively determined to be 
necessary to satisfy the liabilities of the contractor or 
subcontractor for unpaid wages and liquidated damages as 
provided in this section.

                                 * * *

Sec. 3704. Health and safety standards in building trades and 
                    construction industry

    (a) Condition of Contracts.--
          (1) In general.--Each contract in an amount greater 
        than $100,000 that is entered into under legislation 
        subject to Reorganization Plan Numbered 14 of 1950 
        (eff. May 24, 1950, 64 Stat. 1267) and is for 
        construction, alteration, and repair, including 
        painting and decorating, must provide that no 
        contractor or subcontractor contracting for any part of 
        the contract work shall require any laborer or mechanic 
        employed in the performance of the contract to work in 
        surroundings or under working conditions that are 
        unsanitary, hazardous, or dangerous to health or 
        safety, as established under construction safety and 
        health standards the Secretary of Labor prescribes by 
        regulation based on proceedings pursuant to section 553 
        of title 5, provided that the proceedings include a 
        hearing similar in nature to that authorized by section 
        553 of title 5.
          (2) Consultation.--In formulating standards under 
        this section, the Secretary shall consult with the 
        Advisory Committee created by subsection (d) [of this 
        section].

                                 * * *

Sec. 6111. Supreme Court Building

                                 * * *

    (b) Availability of Appropriations.[.]--Amounts 
appropriated under--

                                 * * *

        CHAPTER 65--THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

Sec.
[6581] 6501.  Definition.

                                 * * *

              CHAPTER 67--PENNSYLVANIA AVENUE DEVELOPMENT

     SUBCHAPTER I--TRANSFER AND [ASSIGMENT] ASSIGNMENT OF RIGHTS, 
                   AUTHORITIES, TITLE, AND INTERESTS

Sec.
6701.  Transfer of rights and authorities of Pennsylvania Avenue 
          Development Corporation.

                                 * * *

     SUBCHAPTER I--TRANSFER AND [ASSIGMENT] ASSIGNMENT OF RIGHTS, 
                   AUTHORITIES, TITLE, AND INTERESTS

                                 * * *

Sec. 8104. Regulation of private and semipublic buildings adjacent to 
                    public buildings and grounds

                                 * * *

    (b) Submission of Application to Commission of Fine Arts.--
The Mayor of the District of Columbia shall submit to the 
[Commission on Fine Arts] 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 Zoological Park, the Rock Creek and 
Potomac Parkway, 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.

                                 * * *

Sec. 8105. Approval by Administrator of General Services

    Subject to applicable provisions of existing law relating 
to the functions in the District of Columbia of the National 
Capital Planning Commission and the Commission of Fine Arts, 
only the Administrator of General Services is required to 
approve sketches, plans, and estimates for buildings to be 
constructed by the Administrator, except that the Administrator 
and the United States Postal Service must approve buildings 
designed for [post-office] post office purposes.

                                 * * *

Sec. 8501. National Capital Service Area

                                 * * *

    (b) Applicability of Other Provisions.--
          (1) Provisions covering buildings and grounds in area 
        not affected.--Except to the extent specifically 
        provided by this section, this section does not--
                  (A) apply to the United States Capitol 
                Buildings and Grounds as defined and described 
                in sections 5101 and 5102 of this title, any 
                other buildings and grounds under the care of 
                the Architect of the Capitol, the Supreme Court 
                Building and grounds as described in section 
                6101 of this title, and the Library of Congress 
                buildings and grounds as defined in section 11 
                of the Act of August 4, 1950 (2 U.S.C. 167j); 
                and

                                 * * *

Sec. 8502. National Capital Service Director

    (a) Establishment and Compensation.--There is in the 
Executive Office of the President the National Capital Service 
Director who shall be appointed by the President. The Director 
shall receive compensation at the maximum rate established for 
level IV of the Executive Schedule under section [5314] 5315 of 
title 5.

                                 * * *

    (c) Duties.--

                                 * * *

          (2) Director.--Except with respect to that part of 
        the National Capital Service Area comprising the United 
        States Capitol Buildings and Grounds as defined and 
        described in sections 5101 and 5102 of this title, the 
        Supreme Court Building and grounds as described in 
        section 6101 of this title, and the Library of Congress 
        buildings and grounds as defined in section 11 of the 
        Act of August 4, 1950 (2 U.S.C. 167j), the Director 
        shall ensure that there is provided in the remainder of 
        the area described in section 8501(a) of this title 
        adequate police protection and maintenance of streets 
        and highways.

                                 * * *

Sec. 8711. National Capital Planning Commission

    (a) Establishment and Purpose.--The National Capital 
Planning Commission is the central federal planning agency for 
the Federal Government in the National Capital, created to 
preserve the important historical and natural features of the 
National Capital, except for the United States Capitol 
Buildings and Grounds (as defined and described in sections 
5101 and 5102 of this title), any extension of, or additions 
to, those Buildings and Grounds, and buildings and grounds 
under the care of the Architect of the Capitol.

                                 * * *

Sec. 8712. Mayor of the District of Columbia

    (a) Planning Responsibilities.--The Mayor of the District 
of Columbia is the central planning agency for the government 
of the District of Columbia in the National Capital and is 
responsible for coordinating the planning activities of the 
District government and for preparing and implementing the 
District elements of the comprehensive plan for the National 
Capital, which may include land use elements, urban renewal and 
redevelopment elements, a multiyear program of public works for 
the District, and physical, social, economic, transportation, 
and population elements. The Mayor's planning responsibility 
shall not extend to--

                                 * * *

          (2) the United States Capitol Buildings and Grounds 
        as defined and described in sections 5101 and 5102 of 
        this title, any extension of, or additions to, those 
        Buildings and Grounds, and buildings and grounds under 
        the care of the Architect of the Capitol.

                                 * * *

Sec. 8722. Proposed federal and district developments and projects

                                 * * *

    (d) Approval of Federal Public Buildings.--The provisions 
of the Act of June 20, 1938 (ch. 534, [52 Stat. 802] 52 Stat. 
797) shall not apply to federal public buildings. In order to 
ensure the orderly development of the National Capital, the 
location, height, bulk, number of stories, and size of federal 
public buildings in the District of Columbia and the provision 
for open space in and around federal public buildings in the 
District of Columbia [is subject] are subject to the approval 
of the Commission.

                                 * * *

Sec. 9302. Consent of Theodore Roosevelt Association required for 
                    development

                                 * * *

    (b) Development Inconsistent [with] With Plan.--As long as 
the Association remains in existence, development inconsistent 
with the general plan may not be carried out without the 
Association's consent.

                                 * * *

Sec. 14308. Information

                                 * * *

    (b) Authorizations.--

                                 * * *

          (2) Furnish information.--The head of any federal, 
        state, or local department or agency, to the extent not 
        otherwise prohibited by law, may carry out [section 
        (a)(2)] subsection (a)(2).

                                 * * *

Sec. 17504. Agency statements with respect to motor vehicle use

                                 * * *

    (b) Compliance [with] With Requirements.--The head of each 
executive agency shall comply with the requirements prescribed 
under section 17503(b) of this title in preparing each 
statement required under subsection (a).

                           Markup Transcript



                            BUSINESS MEETING

                       WEDNESDAY, APRIL 13, 2005

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:03 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner. The Committee will be in order. A 
working quorum is present. Pursuant to notice, I now call up 
the bill H.R. 866, ``to make technical corrections to the 
United States Code,'' for purposes of markup and move its 
favorable recommendation to the House. Without objection, the 
bill will be considered as read and open for amendment at any 
point.
    [The bill, H.R. 866, follows:]
      
  


    Chairman Sensenbrenner. The Chair recognizes himself 
briefly to explain the bill.
    This bill makes technical corrections to the U.S. Code. Mr. 
Conyers and I introduced the bill that updates cross-
references, corrects typographical errors, makes stylistic 
changes, such as conforming the capitalization of certain 
words. It's important to note the bill makes no substantive 
changes to existing law. It simply removes ambiguities and 
imperfections from the Code.
    Under Section 285(b) of Title 2 of U.S. Code, the House's 
Office of Law Revision Counsel is required to prepare and 
submit revisions to titles of the Code that have been enacted 
into positive law so that the titles may be kept current.
    Pursuant to House Rule X, the Committee on the Judiciary 
maintains jurisdiction over revised codifications of statutes 
of the United States. I would like to express the Committee's 
appreciation for the work of the Office of Law Revision Counsel 
on this bill and encourage all Members to support it.
    I yield back the balance of my time. Without objection, all 
Members' opening statements will appear in the record at this 
point.
    [Intervening business.]
    Chairman Sensenbrenner. Before I recognize the gentleman 
from New York, Mr. Nadler, a reporting quorum is now present, 
and the question occurs on the motion to report the bill H.R. 
866 favorably, upon which the previous question was ordered. 
All in favor will say aye? Opposed, no?
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is agreed to. Without objection, the staff is 
directed to make any technical and conforming changes, and all 
Members will be given 2 days as provided by the House rules in 
which to submit additional, dissenting, supplemental, or 
minority views.
    [Intervening business.]
    Chairman Sensenbrenner. The Committee stands adjourned.
    [Whereupon, at 4:02 p.m., the Committee was adjourned.]

                                  
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