< Back to H.R. 10751 (92nd Congress, 1971–1972)

Text of the An Act to establish the Pennsylvania Avenue Bicentennial Development Corporation, to provide for the preparation and carrying out of a ...

...out of a development plan for certain areas between the White House and the Capitol, to, further the purposes

This bill was enacted on October 27, 1972. The text of the bill below is as of Oct 27, 1972 (Passed Congress/Enrolled Bill).

1266                                  PUBLIC LAW 92-578-OCT. 27, 1972                   [86 STAT.

                     Public Law 92-578                        >      >   ...
 October 2 7, 1972                                     AN ACT
   [H. R. 10751]     To establish the Pennsylvania Avenue Development Corporation, to provide for
                      the preparation and carrying out of a development plan for certain areas
                      between the White House and the Capitol, to further the purposes for which
                      the Pennsylvania Avenue National Historic Site was designated, and for other
                      purposes.

                    Be it enacted hy the Senate and House of Representatives of the
 Pennsylvania     United States of America in Congress assembled, T h a t this Act may
ment"co^*orati'rn ^6 cited as the "Pennsylvania Avenue Development Corporation Act
Act of 1972.         of 1972".
                       SEC. 2. The Congress finds and declares—
                            (a) that it is in the national interest that the area adjacent to
                         Pennsylvania Avenue between the Capitol and the White House,
                         most of which was designated on September 30,1965, as a national
                         historic site under the Historic Sites Act of August 21, 1935 (16
  49 Stat. 666.           U.S.C. 461 et seq.), be developed, maintained, and used in a man-
                         ner suitable to its ceremonial, physical, and historic relationship
                         to the legislative and executive branches of the Federal Govern-
                         ment and to the governmental buildings, monuments, memorials,
                        ^nd parks in or adjacent to the area;
                            (b) that the area adjacent to Pennsylvania Avenue between
                         the Capitol and the White House, because of its blighted char-
                         acter, imposes severe public, economic, and social liabilities upon
                         the District of Columbia as the seat of the government of the
                         United States, thereby impeding its sound growth and develop-
                         ment and constituting a serious and growing threat to the public
                         health, safety, morals, and welfare of its inhabitants;
                            (c) that to insure suitable development, maintenance, and use
                         of the area and the elimination of blight, it is essential that there
                         be developed and carried out as an entirety plans for this area
                         which will specify the uses, both public and private, to which
                         property is to be put, the programing and financing of necessary
                         acquisitions, construction, reconstruction, and other activities;
                            (d) that such duties and responsibilities can best be developed
                         and carried out by vesting the requisite powers in a Federal
                         corporation which can take maximum advantage of the private
                         as well as the public resources which will be necessary;
                            (e) that the powers conferred by this Act are for public uses
                         and purposes for ivhich public powers may be employed, public
                         funds may be expended, and the power of eminent domain and
                         the police power may be exercised, and the granting of such
                         powers is necessary in the public interest; and
 Development                (f) that the area thus to be developed, maintained, and used
area                     in accordance with the provisions of this Act (hereinafter
                         referred to as the development area) shall be the area bounded
                         as follows:
                           Beginning at a point on the southwest corner of the intersection
                         of Fifteenth Street and E Street Northwest;
                           thence proceeding easterly along the southerly side of E Street
                         to the southwest corner of the intersection of Thirteenth Street
                         and Pennsylvania Avenue Northwest;
                           thence southeasterly along the southerly side of Pennsylvania
                         Avenue to a point being the southeast corner of the intersection of
                         Pennsylvania Avenue and Third Street Northwest;
                           thence northerly along the east side of Third Street to the north-
                        east corner of the intersection of C Street and Third Street
                         Northwest;

86 STAT. ] PUBLIC LAW 92-578-OCT. 27, 1972 1267 thence westerly along the north side of C Street to the north- east corner of the intersection of C Street and Sixth Street Northwest; thence northerly along the east side of Sixth Street to the north- east corner of the intersection of E Street and Sixth Street Northwest; thence westerly along the north side of E Street to the north- east corner of the intersection of E Street and Seventh Street Northwest; thence northerly along the east side of Seventh Street to the northeast corner of the intersection of Seventh Street and F Street Northwest; thence westerly along the north side of F Street to the north- west corner of the intersection of F Street and Ninth Street Northwest; thence southerly along the west side of Ninth Street to the north- west corner of the intersection of Ninth Street and E Street Northwest; thence westerly along the north side of E Street to the north- east corner of the intersection of E Street and Thirteenth Street .« Northwest; thence northerly along the east side of Thirteenth Street to the northeast corner of the intersection of F Street and Thirteenth Street Northwest; thence westerly along the north side of F Street to the north- west corner of the intersection of F Street and Fifteenth Street Northwest; thence northerly along the west side of Fifteenth Street to the northwest comer of the intersection of Pennsylvania Avenue and Fifteenth Street Northwest; thence westerly along the southern side of Pennsylvania Avenue to the southeast corner of the intersection of Pennsylvania Avenue and East Executive Avenue Northwest; thence southerly along the east side of East Executive Avenue to the intersection of South Executive Place and E Street North- west; • thence easterly along the south side of E Street to the point of beginning being the southwest corner of the intersection of Fif- teenth Street and E Street Northwest. SEC. 3. (a) There is hereby created a body corporate to be known . Pennsylvania ,-, T-» 1 • A T\ 1 /-^ • /I • !• Avenue Uevelop- as the Pennsylvania Avenue Development Corporation (hereinafter ment corporation, referred to as the "Corporation"). establishment. (b) The Corporation shall be dissolved upon completion, as deter- mined by the Board of Directors, of its implementation of the develop- ment plan provided for in section 5 of this Act. 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. (c) The powers and management of the Corporation shall be vested ^oard of DI- 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 o5 Transportation; (5) The Administrator of General Services; (6) The Commissioner of the District of Columbia; (7) The Chairman, District of Columbia Council; and
1268 PUBLIC LAW 92-578-OCT. 27, 1972 [86 STAT. (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. Term. (d) Each member of the Board of Directors specified in para- graphs (1) through (7) of subsection (c) may designate another offi- cial to serve on the Board in his stead if unable to serve in person. (e) Each member of the Board of Directors appointed under para- graph (8) of subsection (c) 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 the date of the enactment of this Act, 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. Chairman. (f) The President shall designate a Chairman and a Vice Chairman from among the members of the Board of Directors, chosen from pri- vate life. (g) 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 A r t s ; (2) The Chairman of the National Capital Planning Commission; (3) The Secretary of the Smithsonian Institution; (4) The Director of the National Gallery of A r t ; (5) The Architect of the Capitol; (6) The Archivist of the United States; '^i' (7) The Chairman of the District of Columbia, Commission on the A r t s ; and (8) The Chairman of the District of Columbia Redevelopment Land Agency. Compensation. (h) Members of the Board of Directors who are officer's 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 5 u s e 5332 equivalent of the rate for GS-18 of the General Schedule, and travel note. expenses, including per diem in lieu of subsistence, as authorized by 80 Stat. 499; law (5 U.S.C. 5703(b)-(d) and 5707) for persons in the Government 83 Stat. 190. service employed intermittently. Meetings, quo- (i) The Board of Directors shall meet at the call of the Chairman, rum. 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. Advisory Board. (j) There shall be established a nonvoting Advisory Board of seven members appointed by the Chairman from amonj? 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 bene- fit to the Board of Directors during preparation of the development plan. Executive Di- rector. SEC. 4. (a) The Board of Directors shall have the power to appoint and fix the compensation and duties of the Executive Director and such
86 STAT.] PUBLIC LAW 92-578-OCT. 27, 1972 1269 other officei-s and employees of the Corporation as may be necessary for the efficient administration of the Corporation; the Executive Director and two other officers of the Corporation may be appointed and compensated without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service 80 Stat. 378. 5 u s e 101 et and chapter 51 and subchapter 53 of title 5 of the United States Code. seq. (b) Administrative services shall be provided by the General Serv- 5 u s e 5101, 5331. ices Administration on a reimbursable basis. GSA, adminis- SEC. 5. (a) The development plan for the development area shall trative s e r v i c e s . include, but not be limited t o : (1) the types of uses, both public and Development private, to be permitted; (2) criteria for the design and appearance plan. of buildings, facilities, open spaces, and other improvements; (3) an estimate of the current values of all properties to be acquired; (4) an estimate of the relocation costs which would be incurred in carrying out the provisions of section 8 of this Act; (5) an estimate of the cost •si '.dv'!^' of land preparation for all properties to be acquired; (6) an estimate of the reuse values of the properties to be acquired; (7) a program for the staging of a proposed development, including a detailed description of the portion of the program to be scheduled for comple- tion by 1976; (8) a determination of the marketability of such devel- opment; (9) an estimate of the development costs, both public and private; (10) a thorough study of the economic impact of such devel- opment, including the impact on the local tax base, the metropolitan area as whole, and the existing business activities within the develop- ment area; and (11) the procedures (including both interim and long- term arrangements) to be used in carrying out and insuring continuing conformance to the development plan. (b) The development plan provided for in subsection (a) shall be prepared with the Cooperation of the Department of the Interior, the General Services Administration, and the District of Columbia government with the maximum feasible use of their staffs and other resources on a reimbursable basis by the Corporation. (c) After the development plan has been completed and approved Submittal to Secretary of In- by the Board of Directors of the Corporation, it shall be submitted to terior and D.C. the Secretary of the Interior and the Commissioner of the District of Commissioner. Columbia. The Secretary of the Interior, within ninety days, shall notify the Corporation of his approval or recommended modifications from the standpoint of the compatibility of the plan with his respon- sibilities for the administration, protection, and development of the areas within the Pennsylvania Avenue National Historic Site. The Public hear- Commissioner of the District of Columbia, within ninety days, shall ings. consult with the National Capital Planning Commission, shall hold public hearings on the plan, and shall notify the Corporation of his approval or recommended modifications: Provided, That in the event that the Secretary of the Interior or the Commissioner of the District of Columbia has not notified the Corporation of his approval or recom- mended modifications of the plan within ninety days after the date of submission, he shall be deemed to have approved the plan. (d) In the event the Secretary of the Interior or the Commissioner T r a n s m i t t a l to Congress. of the District of Columbia has recommended modifications of the plan, the Corporation within one hundred and twenty days of the original submission of the plan shall consult with them regarding such modifications and shall prepare a development plan which shall be transmitted to the President of the Senate and the Speaker of the House of Representatives. If the Secretary of the Interior or the Commissioner of the District of Columbia has not approved the development plan, the transmittal
1270 PUBLIC LAW 92-578-OCT. 27, 1972 [86 STAT. shall include a specification of the areas of difference, the modifica- tions suggested by the Secretary of the Interior or the Commissioner of the District of Columbia and the views of the Corporation thereon. Following the expiration of sixty legislative days after the date of such transmittal, the Corporation may proceed with the execution and implementation of the plan unless between the date of transmittal and the end of the sixty legislative day period, either the Senate or the House of Representatives passes a resolution in opposition to the development plan. (e) Activities under the development plan shall be carried out in accordance with the approved development plan. The Corporation may alter, revise, or amend the plan, but any such alteration, revision, or amendment w^hich is a substantial change from the approved devel- opment plan shall take effect only upon compliance with the procedures "Substantial set forth in subsections (c) and (d) of this section. F o r the purposes of change." this subsection, the term "substantial change" shall mean one involv- ing a major alteration in the character or intensity of an existing or proposed use in the development area which in the opinion of the Corporation causes an increase or decrease of 10 per centum or more of the dollar amount of the estimate prepared in accordance with sub- section ( a ) ( 9 ) of this section, or one which, in the opinion of the Sec- retary of the Interior, affects his responsibilities for the administration, protection, and development of the areas within the Pennsylvania Avenue National Historic Site. Other govern- (f) To avoid duplication and unnecessary expense the Corporation ment a g e n c i e s , services. shall, to the maximum feasible extent in conducting its operations, utilize the services and facilities of other agencies, including the Department of the Interior, General Services Administration, the National Capital Planning Commission, the District of Columbia gov- ernment, and the District of Columbia Redevelopment Land Agency. Corporation SEC. 6. In carrying out its powers and duties, the Corporation— powers. (1) shall have all necessary and proper powers for the exercise of the authorities vested in it; (2) shall have succession in its corporate name; (3) may adopt and use a corporate seal which shall be judi- cially noticed; (4) may sue and be sued in its corporate name. All litigation arising out of the activities of the Corporation shall be conducted by the Attorney General; (5) may adopt, amend, and repeal bylaws, rules, and regula- tions governing the manner in which its business may be con- ducted and the powers vested in it may be exercised; (6) may acquire lands, improvements, and properties within the development area by purchase, lease, donation, or exchange; may hold, maintain, use, or operate such properties; may sell, lease, or otherwise dispose of such real and personal property and any interest therein as the Corporation deems necessary to carry out the development plan; or may lease, repurchase, or otherwise acquire and hold any property which the Corporation has there- tofore sold, leased, conveyed, transferred, or otherwise disposed C onde mna ti on of: Provided^ That condemnation proceedings for the acquisition proceedings. of real property (including interests therein), which may be nec- essary or appropriate in order to carry out the development plan, shall be conducted in accordance with the procedural provisions of chapter 13, subchapter IV, of title 16 of the District of Colum- 77 Stat. 577. D . C . Code 16- bia Code: Provided further^ That prior to acquiring any resi- 1351. dential property there shall be a finding of assurance of adequate
86 STAT.] PUBLIC LAW 92-578-OCT. 27, 1972 1271 replacement housing consonant with the requirements of the Uni- form Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894); 42 u s e 4601 note. (7) may enter into and perform such contracts, leases, coopera- tive agreements, or other transactions with any agency or instru- mentality of the United States, the several States, or the District of Columbia or with any person, firm, association, or corporation (including agreements with private utility companies with respect to the relocation of utility lines and other facilities in the develop- ment area) as may be deemed necessary or appropriate to the conduct of activities authorized under this Act; (8) may establish (through covenants, regulations, agreements, or otherwise) such restrictions, standards, and requirements as are necessary to assure development, maintenance, and protection of the development area in accordance with the development plan; (9) shall seek authority from the Congress to borrow money by Financing; proposals, trans- issuing marketable obligations, after obtaining proposals from at mittal to Congress. least three private financial analysts on the feasibility of private versus public financing of the Corporation, which proposals shall be transmitted to the Congress with the development plan as provided in section 5 of this Act. '(10) may borrow money from the Treasury of the United Limitation. States in such amounts as may be authorized in appropriation Acts, but not to exceed $50,000,000. Such borrowings from the Treasury shall have such maturities, terms, and conditions as may be agreed upon by the Corporation and the Secretary of the Treas- ury, but the maturities may not be in excess of forty years, and such borrowings may be re(ieemable at the option of the Corpora- tion before maturity. Such borrowings shall bear interest at a rate determined by the Secretary of the Treasury taking into consider- ation the average market yield on outstandmg marketable obliga- tions of the United States of comparable maturities during the month preceding the issuance of the obligations of the Corpora- tion. The interest pavments on such obligations may be deferred with the approval of the Secretary of the Treasury but any inter- est payment so deferred shall bear interest. Said obligations shall be issued in amounts and at prices approved by the Secretary of the Treasury. The authority of the Corporation to issue obliga- Obligations, issuance, au- tions hereunder shall expire June 3, 1980, except that obligations thority expiration. may be issued at any time after the expiration of said period to provide funds necessary for the performance of any contract entered into by the Corporation, prior to the expiration of said period. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Corporation to be issued under this paragraph and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction of the United States the proceeds from the sale of any securities issued under the Second Liberty Loan Bond Act, as amended, and the purposes 40 Stat. 288. 31 u s e 774. for which securities may be issued under the Second Liberty Loan Bond Act, as amended, are extended to include any purchase of the Corporation's obligations under this paragraph; (11) may invest any funds held in reserve or sinking funds, or any moneys not required for immediate use or disbursement, with the approval of the Secretary of the Treasury, in obligations of the United States Government, or obligations the principal and
1272 PUBLIC LAW 92-578-OCT. 27, 1972 [86 STAT. interest of which are guaranteed by the United States Govern- Restriction. ment : Provided^ Tliat this authority shall not extend to moneys obtained by borrowing from the Government or through appro- priations to the Corporation; (12) may procure insurance against any loss in connection with its property and other assets and operations; (13) may contract for and accept any gifts or grants or prop- erty or financial or other aid in any form from the Federal Gov- ernment or any agency or instrumentality thereof, or from any State or any agency or instrumentality thereof, or from any source, and comply subject to the provisions of this Act, with the terms and conditions thereof; (14) may determine the character of and necessity for its obli- gations and expenditures, and the manner in which they shall be incurred, allowed, and paid, subject to provisions and laws spe- cifically applicable to wholly owned Government corporations; (15) may prepare or cause to be prepared plans, specifications, designs, and estimates of cost for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time may modify such plans, specifications, designs, or estimates; (16) may acquire, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the construction, reconstruction, improvement, alteration, or repair of any project; (17) may grant options to purchase any project or may renew any leases entered into by it in connection with any of its projects, on such terms and conditions as it may deem advisable; (18) may manage any project, owned or leased by the Cor- poration, and may enter into agreements with the District of Columbia government or any agency or instrumentality thereof, or with any person, firm, partnership, or corporation, either public or private, for the purpose of causing any such project to be managed; Personnel. (19) may utilize or employ the services of personnel of any agency or instrumentality of the Federal Government or of the District of Columbia, with the consent of the agency or instru- mentality concerned, upon a reimbursable basis, or utilize volun- tary or uncompensated personnel; Information, (20) shall publish and disseminate information and make availability. known to potential usei's, by advertisement, solicitation, or other means, the availability for development of lands in the develop- ment area; (21) may execute all instruments necessary or appropriate in the exercise of any of its functions under this Act, and may delegate to members of the Board or the Executive Director such of its powers and responsibilities as it deems appropriate and useful for the administration of the Corporation; and (22) shall be entitled to the use of the United States mails in the same manner as the executive departments of the Government, and shall have all the rights, privileges, and immunities of the United States with respect to debts due from insolvent, deceased, or bankrupt debtors. SEC. 7. (a) Nothing in this Act shall preclude other agencies or instrumentalities of the Federal Government or of the District of Columbia from exercising any lawful powers in the development area consistent with the development plan or the provisions and purposes of this Act; but no such agency or instrumentality shall release, mod-
86 STAT. ] PUBLIC LAW 92-578-OCT. 27, 1972 1273 ify, or depait from any feature or detail of the development plan with- out the prior approval of the Corporation. (b) After the date of the enactment of this Act, no new construction (including? substantial remodeling, conversion, rebuilding, enlarge- ment, extension, or major structural improvement of existing building, but not including ordinary maintenance or remodeling or changes nec- essary to continue occupancy) shall be authorized or conducted within the development area except upon prior certification by the Corpora- tion that the construction is, or may reasonably be expected to be, consistent with the carrying out of the development plan for the area: Prooided, That if the development plan for the area does not become effective under the provisions of section 5 within twelve months of the date of enactment of this Act, this subsection shall be of no further force and effect until such time as the development plan does become effective under that section. SEC. 8. (a) The title to any real property (or interest therein) acquired under the authority of this Act shall be taken by and in the ,; name of the Corporation and proceedings for condemnation or other acquisition of property shall be brought by and in the name of the Corporation. (b) In the administration of a relocation program or programs pur- suant to the Uniform Relocation Assistance and Real Property Acqui- sition Policies Act of 1970, the Corporation may utilize the services of 84 stat. i894. the District of Columbia Redevelopment Land Agency. Costs of such ^ 2 use 4601 services shall be reimbursed by the Corporation to the District of "°*^' (^olumbia Redevelopment Land Agency. -' (c) All relocation services performed by or on behalf of the Cor- poration shall be coordinated with the District of (Columbia's central relocation programs. (d) Owners and tenants of real property whose residence, or retail, Displaced wholesale, service or other business is terminated as a result of acqui- ant""pre"ere*ntiai sitions made pursuant to this Act shall be granted a preferential right "ght. to lease or purchase from the Corporation or its agent such like real l)roperty as may become available for a similar use upon implementa- tion of the development plan. Any such preferential right shall be lim- ited to the parties in interest and shall not be transferable or tissignable. SEC. 9. (a) I n effectuating the purposes of this Act, the Corpora- ^°^^^ needs, ,• c- 1 A i primary considera- tion : tion. (1) shall consult and cooperate with District of (Wumbia officials and community leadei-s at the earliest practicable time; (2) shall give primary consideration to local needs and desires and to local and regional goals and policies as expressed in urban renewal, community renewal, and comprehensive land use plans and regional plans; and (3) shall foster local initiative and participation in connection with the planning and development of its projects. (b) The Corporation shall comply with all District of Columbia laws, ordinances, codes, and regulations in constructing, reconstruct- ing, rehabilitating, altering, and improving any project: Provided^ That the provisions of section 428 of title 5 of the District of Columbia 52 stat. 802. Code shall apply to all the constructing, reconstructing, rehabilitating, altering, and improving of all buildings by the Corporation. The con- struction, reconstruction, rehabilitation, alteration, and improvement of any project by non-Government sources shall be subject to the pro- \isions of the District of Columbia Code and zoning regulations. SEC. 10. (a) Since the exercise of the powers granted by this Act "^^^ exemption.
1274 PUBLIC LAW 92-578-OCT. 27, 1972 [86 STAT. will be in all respects for the benefit of the people, the Corporation is hereby declared to be devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of every kind of the United States and of the District of Columbia. Payments to (b) To the end that the District of Columbia may not suffer undue D.C. govern- ment. loss of tax revenue by reason of the provisions of subsection ( a ) , the Corporation, in connection with any real property acquired and owned by the Corporation in carrying out the provisions of this Act shall pay to the District of Columbia government an amount equal to the amount of the real property tax which would have been payable to the District of Columbia government beginning on the date of acquisition of such real property by the Corporation if legal title to such property had been held by a private citizen on such date and during all periods to which such date relates. Report to Presi- SEC. 11. The Corporation shall transmit to the President and the dent and Con- gress. Congress, annually each January and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activi- ties, and accomplishments under this Act. SEC. 12. (a) The Corporation shall contribute to the civil service retirement and disability fund, on the basis of annual billings as deter- mined by the Civil Service Commission for the excess, if any^ of the Government's share of the normal cost of the civil service retirement system applicable to the Corporation's employees and their beneficiar- ies over the agency contributions required by section 8334(a) (1) of 83 Stat. 136. title 5, United States Code. (b) The Corporation shall include in the annual billings provided for under subsection (a) above, a statement of the fair portion of the cost of the administration of the fund, which shall be paid by the Corporation into the Treasury as miscellaneous receipts. SEC. 13. The Corporation is authorized to use in the conduct of its business all its funds and other assets and all funds and other assets which have been or may hereafter be transferred to, allocated to, bor- rowed by, or otherwise acquired by it. SEC. 14. (a) All general penal statutes relating to the larceny, embezzlement, or conversion of public moneys or property of the United States shall apply to moneys and property of the Corporation. (b) Any person who, with intent to defraud the Corporation, or to deceive any director, officer, or employee of the Corporation or any officer or employee of the United States, (1) makes any false entry in any book of the Corporation, or (2) makes any false report or statement for the Corporation, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than five years, or both. (c) Any person who with intent to defraud the Corporation (1) receives any compensation, rebate, or reward, or (2) enters into any conspiracy, collusion, or agreement, express or implied, shall, on conviction thereof, be fined not more than $5,000 or imprisoned not more than five years, or both. SEC. 15. Section 101 of the Government Corporation Control Act 59 Stat. 597. (31 U.S.C. 846) is amended by inserting "Pennsylvania Avenue Development Corporation;" after "Farmers Home Corporation;". Separability. SEC. 16. If any provisions of this Act or the application thereof to any body, agency, situation, or circumstances is held invalid the remainder of the Act and the application of such provision to other bodies, agencies, situations, or circumstances shall not be affected thereby.
86 STAT. ] PUBLIC LAW 92-579~OCT. 27,1972 1275 SEC. 17. There are hereby authorized to be appropriated not to Appropriation. exceed $1,000,000 for the development of the plan to be prepared pursuant to section 5 of this Act. No appropriations shall be made Prohibition. from the Land and Water Conservation F u n d established by the Act of September 3, 1964 (78 Stat. 897, as amended, 16 U.S.C. 4601), to effectuate the purposes of this Act. Approved October 27, 1972. Public Law 92-579 AN A C T October 2 7, 197:! To amend title 12, District of Columbia Code, to provide a limitation of actions [s. 1524] for actions arising out of death or injury caused by a defective or unsafe improvement to real property. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ D.C. SECTION 1. (a) Chapter 3 of title 12 of the District of Columbia reaTp'r°opeTt^y'!*'° Code (relating to limitation of actions) is amended by adding at the Death or injury end the following new section: "'77°stat!ti"o""''"' "§12-310. Actions arising out of death or injury caused hy ^Q{^'^°^^ ^'^' defective or unsafe improvements to real property " ( a ) (1) Except as provided in subsection (b), any action— " ( A ) to recover damages for— "(i) personal injury, " (ii) injury to real or personal property, or "(iii) wrongful death, ' resulting from the defective or unsafe condition of an improve- ment to real property, and " ( B ) for contribution or indemnity which is brought as a result of such injury or death, shall be barred unless in the case where injury is the basis of such action, such injury occurs within the ten-year period beginning on the date the improvement was substantially completed, or in the case where death is the basis of such action, either such death or the injury result- ing in such death occurs within such ten-year period. "(2) For purposes of this subsection, an improvement to real prop- erty shall be considered substantially completed when— " (A) it is first used, or " ( B ) it is first available for use after having been completed in accordance with the contract or agreement covering the improve- ment, including any agreed changes to the contract or agreement, whichever occurs first. "(b) The limitation of actions prescribed in subsection (a) shall not apply to— " (1) any action based on a contract, express or implied, or "(2) any action brousrht against the person who, at the time the defective or unsafe condition of the improvement to real property caused injury or death, was the owner of or in actual possession or control of such real property." (b) The table of sections for such chapter 3 is amended by adding at the end the following new item: "12-310. Actions arising out of death or injury caused by defective or unsafe improvements to real property."