40 U.S.C. § 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.

(b)

Composition.—

(1)

Membership .—

The National Capital Planning Commission is composed of—

(A)

ex officio, the Secretary of the Interior, the Secretary of Defense, the Administrator of General Services, the Mayor of the District of Columbia, the Chairman of the Council of the District of Columbia, the chairman of the Committee on Governmental Affairs of the Senate, and the chairman of the Committee on Government Reform of the House of Representatives, or an alternate any of those individuals designates; and

(B)

five citizens with experience in city or regional planning, three of whom shall be appointed by the President and two of whom shall be appointed by the Mayor.

(2)

Residency requirement .—

The citizen members appointed by the Mayor shall be residents of the District of Columbia. Of the three appointed by the President, at least one shall be a resident of Virginia and at least one shall be a resident of Maryland.

(3)

Terms .—

An individual appointed by the President serves for six years. An individual appointed by the Mayor serves for four years. An individual appointed to fill a vacancy shall be appointed only for the unexpired term of the individual being replaced.

(4)

Pay and expenses .—

Citizen members are entitled to $100 a day when performing duties vested in the Commission and to reimbursement for necessary expenses incurred in performing those duties.

(c)

Chairman and Officers .—

The President shall designate the Chairman of the National Capital Planning Commission. The Commission may elect from among its members other officers as it considers desirable.

(d)

Personnel .—

The National Capital Planning Commission may employ a Director, an executive officer, and other technical and administrative personnel as it considers necessary. Without regard to section 6101(b) to (d) of title 41 and section 3109, chapters 33 and 51, and subchapter III of chapter 53, of title 5, the Commission may employ, by contract or otherwise, the temporary or intermittent (not more than one year) services of city planners, architects, engineers, appraisers, and other experts or organizations of experts, as may be necessary to carry out its functions. The Commission shall fix the rate of compensation so as not to exceed the rate usual for similar services.

(e)

Principal Duties .—

The principal duties of the National Capital Planning Commission include—

(1)

preparing, adopting, and amending a comprehensive plan for the federal activities in the National Capital and making related recommendations to the appropriate developmental agencies; and

(2)

serving as the central planning agency for the Government within the National Capital region and reviewing the development programs of the developmental agencies to advise as to consistency with the comprehensive plan.

(f)

Transfer of Other Functions, Powers, and Duties .—

March 2, 189327 Stat. 532June 6, 192443 Stat. 463The National Capital Planning Commission shall carry out all other functions, powers, and duties of the National Capital Park and Planning Commission, including those formerly vested in the Highway Commission established by the Act of (ch. 197, ), and those formerly vested in the National Capital Park Commission by the Act of (ch. 270, ).

(g)

Estimate .—

The National Capital Planning Commission shall submit to the Office of Management and Budget before December 16 of each year its estimate of the total amount to be appropriated for expenditure under this chapter (except sections 8732–8736) during the next fiscal year.

(h)

Fees .—

The National Capital Planning Commission may charge fees to cover the full cost of Geographic Information System products and services the Commission supplies. The fees shall be credited to the applicable appropriation account as an offsetting collection and remain available until expended.

Pub. L. 107–217Aug. 21, 2002116 Stat. 1217 Pub. L. 109–284, § 6(27)Sept. 27, 2006120 Stat. 1213 Pub. L. 111–350, § 5lJan. 4, 2011124 Stat. 3852(, , ; , , ; ()(23), , .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
8711(a)	40:71a(a)(1).	June 6, 1924, ch. 270, § 2(a)(1), (b), (c), (e), as added July 19, 1952, ch. 949, § 1, 66 Stat. 782; Sept. 25, 1962, Pub. L. 87–683, 76 Stat. 575; Dec. 24, 1973, Pub. L. 93–198, title II, § 203(a), (b), 87 Stat. 779, 782.
8711(b)	40:71a(b).
8711(c), (d)	40:71a(c).
8711(e)	40:71a(e).
8711(f)	40:71h.	June 6, 1924, ch. 270, § 9, as added July 19, 1952, ch. 949, § 1, 66 Stat. 790.
8711(g)	40:74.	June 6, 1924, ch. 270, § 13, formerly § 4, 43 Stat. 464; renumbered § 13, July 19, 1952, ch. 949, § 2 (1st sentence), 66 Stat. 791; Pub. L. 94–273, § 21, Apr. 21, 1976, 90 Stat. 379.
8711(h)	40:71a note.	Pub. L. 105–83, (last proviso in par. under heading “National Capital Planning Commission”), Nov. 14, 1997, 111 Stat. 1589.

Nov. 3, 196781 Stat. 951 Public Law 93–198 87 Stat. 789Nov. 3, 196781 Stat. 952 87 Stat. 785In this chapter, the word “Mayor” is substituted for “Commissioners” [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to “Commissioner” [meaning the Commissioner of the District of Columbia] because of section 401 of Reorganization Plan No. 3 of 1967 (eff. , )] because of section 421 of the District of Columbia Home Rule Act (, ). The words “Council of the District of Columbia” are substituted for “Board of Commissioners of the District of Columbia” [subsequently changed to “District of Columbia Council” because of section 402(21), (28), (32), and (199) of Reorganization Plan No. 3 of 1967 (eff. , , 953, 963)] because of sections 401 and 404(a) of the Act (, 787).

section 2(b)(1) of the Act of June 24, 1924February 4, 1977section 1(b)(1) of the Act of June 3, 1995 Public Law 104–14January 6, 1999In subsection (b)(1)(A), the words “the Chairman of the Committee on Governmental Affairs of the Senate, and the Chairman of the Committee on Government Reform of the House of Representatives” are substituted for “and the chairman of the Committees of the District of Columbia of the Senate and the House of Representatives” in (ch. 270), because of Rule XXV of the Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the “Committee System Reorganization Amendments of 1977”), approved , (, 2:21 note prec.), and Rule X(1)(h) of House Resolution No. 5 (105th Congress, ).

In subsection (b)(2), the words “bona fide” are omitted as unnecessary.

January 2, 1975In subsection (b)(3), the words “except that of the members first appointed, the President shall designate one to serve two years and one to serve four years” and “The members first appointed under this section shall assume their office on ” are omitted as obsolete.

In subsection (b)(4), the words “are entitled to $100 a day when performing duties” are substituted for “shall each receive compensation at the rate of $100 for each day such member is engaged in the actual performance of duties” to eliminate unnecessary words.

section 7(b) of the Act of September 6, 1966 Public Law 89–554 80 Stat. 631In subsection (d), the words “chapters 33 and 51, and subchapter III of chapter 53” are substituted for “the civil service and classification laws” because of (, ), the first section of which enacted Title 5, United States Code.

Sept. 8, 1966In subsection (e), before clause (1), the words “As hereinafter more specifically described in sections 71c to 71g of this title” are omitted as unnecessary. The text of 40:71a(e)(3) is omitted as obsolete because the National Capital Regional Planning Council was abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff. , 40:71b note). In clause (2), the words “in such capacity” are omitted as unnecessary.

Subsection (f) is substituted for 40:71h to eliminate obsolete language.

31 U.S.C. 1113 section 13 of the Act of June 6, 1924July 1, 197084 Stat. 2085 section 5(b) of the Act of September 13, 1982 Public Law 97–258 96 Stat. 1085In subsection (g), the words “Said Commission shall report to Congress annually on the first Monday of March the lands acquired during the preceding fiscal year, the method of acquisition, and the cost of each tract” are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 ( note). See, also, page 180 of House Document No. 103–7. The words “Office of Management and Budget” are substituted for “Bureau of the Budget” in , because the Bureau of the Budget was redesignated the Office of Management and Budget by section 102 of Reorganization Plan No. 2 of 1970 (eff. , ). Section 102 of Reorganization Plan No. 2 of 1970 was repealed by (, ), the first section of which enacted Title 31, United States Code, but the successor provision, 31:501, continued the designation as Office of Management and Budget.

In subsection (h), the words “beginning in fiscal year 1998 and thereafter” are omitted as obsolete.

Editorial Notes

References in Text

March 2, 1893act Mar. 2, 1893, ch. 197 27 Stat. 532Act of , referred to in subsec. (f), is , , which is not classified to the Code.

June 6, 1924act June 6, 1924, ch. 270 43 Stat. 463 Pub. L. 107–217Aug. 21, 2002116 Stat. 1062 Pub. L. 107–217 Pub. L. 93–198, title II, § 203(e)Dec. 24, 197387 Stat. 782Act of , referred to in subsec. (f), is , , which enacted sections 71 to 71i, 72, 73, and 74 of former Title 40, Public Buildings, Property, and Works. Sections 71, 71a, 71c, 71d, 71f to 71i, 72, 73, and 74 of former Title 40 were repealed and reenacted as sections 8701, 8702, 8711, 8721 to 8724, 8731, and 8737 of this title by , §§ 1, 6(b), , , 1304. Section 71b of former Title 40 was repealed by . Section 71e of former Title 40 was repealed by , , . For complete classification of this Act to the Code, see Tables.

Amendments

Pub. L. 111–350 41 U.S.C. 5 41 U.S.C. 52011—Subsec. (d). , which directed substitution of “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes ()”, was executed by making the substitution for “section 3709 of the Revised Statues ()” to reflect the probable intent of Congress.

Pub. L. 109–2842006—Subsec. (a). inserted “of this title” after “sections 5101 and 5102”.

Statutory Notes and Related Subsidiaries

Change of Name

Jan. 5, 2007Jan. 9, 2019Jan. 9, 2023Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, . Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, . Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, .

Jan. 4, 2005Oct. 9, 2004Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective , by Senate Resolution No. 445, One Hundred Eighth Congress, .

Compensation of Appointed Commission Members

Pub. L. 108–108, title IINov. 10, 2003117 Stat. 1301

“That for fiscal year 2004 and thereafter, all appointed members of the Commission will be compensated at a rate not to exceed the daily equivalent of the annual rate of pay for positions at level IV of the Executive Schedule for each day such member is engaged in the actual performance of duties.”

, , , provided in part:

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 108–7, div. F, title IIFeb. 20, 2003117 Stat. 269, , .

Pub. L. 107–63, title IINov. 5, 2001115 Stat. 464, , .

Pub. L. 106–291, title IIOct. 11, 2000114 Stat. 986, , .

Pub. L. 106–113, div. B, § 1000(a)(3)Nov. 29, 1999113 Stat. 1535, [title II], , , 1501A–189.

Pub. L. 105–277, div. A, § 101(e) [title II]Oct. 21, 1998112 Stat. 2681–231, , , 2681–285.

Pub. L. 105–83, title IINov. 14, 1997111 Stat. 1589, , .

Pub. L. 104–208, div. A, title I, § 101(d) [title II]Sept. 30, 1996110 Stat. 3009–181, , , 3009–219.

Pub. L. 104–134, title I, § 101(c) [title II]Apr. 26, 1996110 Stat. 1321–195 Pub. L. 104–140, § 1(a)May 2, 1996110 Stat. 1327, , ; renumbered title I, , , .

Pub. L. 103–332, title IISept. 30, 1994108 Stat. 2535, , .

Pub. L. 103–138, title IINov. 11, 1993107 Stat. 1414, , .