§ 300108. — Buildings.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 36USC300108]
TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
Subtitle III--Treaty Obligation Organizations
CHAPTER 3001--THE AMERICAN NATIONAL RED CROSS
Sec. 300108. Buildings
(a) Ownership.--The United States Government shall retain ownership
of the corporation's permanent headquarters, comprised of buildings
erected on square 172 in the District of Columbia, including--
(1) the memorial building to commemorate the service and
sacrifice of the women of the United States, North and South, during
the Civil War, erected for the use of the corporation;
(2) the memorial building to commemorate the service and
sacrifice of the patriotic women of the United States, its
territories and possessions, and the District of Columbia during
World War I, erected for the use of the corporation; and
(3) the permanent building erected for the use of the
corporation in connection with its work in cooperation with the
Government.
(b) Maintenance and Expenses.--Those buildings shall remain under
the supervision of the Administrator of General Services. However, the
corporation shall care for and maintain the buildings without expense to
the Government.
(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1493.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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300108................................ 36:13. Feb. 7, 1930, ch. 42, Secs. 1, 5, 46
Stat. 66.
36:15. June 7, 1924, ch. 369, Secs. 1, 2, 4,
43 Stat. 665, 666.
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Subsection (a)(1) is substituted for ``land occupied in part on June
7, 1924, by the Memorial to the Women of the Civil War, the permanent
headquarters of the American Red Cross'' in 36:15 because the words in
the source refer to the building, provided for by the Act of October 22,
1913 (ch. 32 (par. under heading ``Monument to Commemorate the Women of
the Civil War''), 38 Stat. 233), that was built as the permanent
headquarters of the American Red Cross, the predecessor organization to
the corporation.
In subsection (a)(2), the words ``That there is hereby authorized to
be appropriated out of any money in the Treasury not otherwise
appropriated the sum of $150,000 as a part contribution to the erection
of . . . with equipment'' in section 1 of the Act June 7, 1924 (ch. 369,
43 Stat. 665), are omitted as executed. The words ``That said memorial
shall be a building monumental in design and character . . . and shall
cost not less than $300,000: Provided, That this expenditure shall
include complete equipment'' in section 2 of that Act are omitted as
executed. The words ``The expenditures for said memorial building shall
be made under the direction of a commission consisting of the chairman
of the Senate Committee on the Library and the chairman of the House
Committee on the Library'' in section 4 (last par.) of that Act are
omitted as executed. The text of section 4 (1st par.) of that Act is
omitted as executed. The words ``of America'' are omitted as
unnecessary. The words ``its territories and possessions'' are
substituted for ``its insular possessions'' for clarity and consistency
in the revised title and with other titles of the United States Code.
The words ``World War I'' are substituted for ``the World War'' for
clarity.
In subsection (a)(3), the words ``That authority be, and is hereby,
given to the American National Red Cross to erect . . . in replacement
of the temporary building or buildings erected on such lot under Public
Resolution Numbered 3, Sixty-fifth Congress (S.J. Res. 61)'' in section
1 of the Act of February 7, 1930 (ch. 42, 46 Stat. 66) are omitted as
executed.
In subsection (b), the words ``Administrator of General Services''
are substituted for ``Superintendent of Public Buildings and Grounds''
in section 4 (last par.) of the Act June 7, 1924 (ch. 369, 43 Stat. 666)
and ``Director of Public Buildings and Public Parks of the National
Capital'' in section 5 of the Act of February 7, 1930 (ch. 42, 46 Stat.
66) to reflect subsequent transfers of functions. The office of Public
Buildings and Grounds under the Chief of Engineers was abolished and the
functions of the Chief of Engineers, United States Army, were
transferred to the Director of Public Buildings and Public Parks of the
National Capital by section 3 of the Act of February 26, 1925 (ch. 339,
43 Stat. 983). The office of Public Buildings and Public Parks of the
National Capital was abolished and its functions transferred to the
Office of National Parks, Buildings and Reservations of the Department
of the Interior by section 2 of Executive Order No. 6166, effective June
10, 1933. The name of the latter office was changed to ``National Park
Service'' by section 1 of the Act of March 2, 1934 (ch. 38, 48 Stat.
389). The functions of the Director of the National Park Service related
to public buildings were transferred to the Federal Works Administrator
by section 303(b) of Reorganization Plan No. I of 1939 (5 App. U.S.C.).
The functions of the Federal Works Administrator were transferred to the
Administrator of General Services by section 103(a) of the Act of June
30, 1949 (ch. 288, 63 Stat. 380). The words ``the corporation shall care
for and maintain the buildings'' are substituted for ``the American
National Red Cross shall at all times be charged with the
responsibility, the care, keeping, and maintenance of said building'' in
36:13, and ``the American Red Cross shall at all times be charged with
the responsibility, the care, keeping, and maintenance of the said
memorial building'' in 36:15, for clarity and to eliminate unnecessary
words.
Permanent Building for District of Columbia Chapter
Act July 1, 1947, ch. 195, 61 Stat. 241, as amended by Pub. L. 100-
637, Sec. 1, Nov. 8, 1988, 102 Stat. 3325, provided: ``That authority
be, and is hereby, given to the American National Red Cross to erect
upon the south half of square 104 in the city of Washington, District of
Columbia, a permanent building for the use of the District of Columbia
Chapter, American National Red Cross, in connection with its work, in
cooperation with the Government of the United States and its
responsibilities under its charter granted by the Congress of the United
States.
``Sec. 2. That the plans of the proposed building shall first be
approved by the American National Red Cross, the Commission of Fine Arts
and the National Capital Park and Planning Commission and the erection
and design thereof shall be under the supervision of the Administrator
of the Federal Works Agency [now the Administrator of General Services]
in accordance with the provisions of the Public Buildings Act of May 25,
1926, as amended [enacting sections 341, 342, 343 to 345a, 346, and 347
of former Title 40, Public Buildings, Property, and Works] and as hereby
further amended.
``Sec. 3. That the cost of the removal of the buildings on this site
shall be borne by the American National Red Cross, District of Columbia
Chapter, without expense to the United States.
``Sec. 4. That said permanent building shall remain the property of
the United States but under the supervision of the Administrator of the
Federal Works Agency [now the Administrator of General Services] and the
American National Red Cross, District of Columbia Chapter, shall, at all
times be charged with the responsibility, care, keeping, and maintenance
of said building without expense to the United States.
``Sec. 5. That moneys of the American National Red Cross, District
of Columbia Chapter, available for the construction of the aforesaid
building, including any amount administratively determined necessary for
the payment of salaries and expenses of personnel engaged upon the
preparation of plans and specifications, field supervision, and general
office expenses, may be transferred to and expended by the Public
Buildings Administration of the Federal Works Agency [now the
Administrator of General Services], and such funds may be consolidated
in the books of the Treasury Department into a special account for
direct expenditure in the prosecution of said work, and the Commissioner
of Public Buildings is authorized to prepare drawings and specifications
for this building prior to the approval by the Attorney General of the
title to such acquisition.
``Sec. 6. That said building shall be appropriate in design and
character and shall be used by the American National Red Cross, District
of Columbia Chapter, and shall cost not less than $1,000,000: Provided,
That this expenditure shall include complete equipment.
``Sec. 7. That the person, firm, or corporation which the
Commissioner of Public Buildings shall select to furnish professional
architectural and engineering services required for the project shall be
chosen from nominations made by the American National Red Cross,
District of Columbia Chapter.
``Sec. 8. That the National Capital Housing Authority is hereby
authorized and directed to transfer to the jurisdiction of the Federal
Works Administrator [now the Administrator of General Services] such
part of the site for said building as is now under the jurisdiction of
said Authority: Provided, That the Treasurer of the United States is
authorized and directed to credit said Authority with the fair market
value, at the date of transfer, of the property so transferred: Provided
further, That the Federal Works Administrator [now the Administrator of
General Services] is hereby authorized to utilize the property so
transferred, as well as that part of the site already under his
jurisdiction, for the purposes of this Act.
``Sec. 9. That the Federal Works Administrator, through the Public
Buildings Administration [both now under the Administrator of General
Services], is hereby authorized to furnish steam from the central
heating plant for the heating of said building, such steam to be paid
for by the American National Red Cross, District of Columbia Chapter, at
such reasonable rates, not less than cost, as may be determined by the
Federal Works Administrator [now Administrator of General Services]:
Provided, That the Federal Works Administrator, through the Public
Buildings Administration [both now under the Administrator of General
Services], is authorized to prepare plans and specifications and to
supervise and to contract for the work necessary to connect said
building with the Government mains and to pay the cost of such work and
services, including administrative expenses, from the funds consolidated
into the Treasury pursuant to section 5 thereof.
``Sec. 10. The enactment of this joint resolution shall not be
construed as establishing a policy of the United States Government to
furnish building sites for Red Cross chapters or any eleemosynary
institution at any other place.
``Sec. 11. (a) Notwithstanding any other provision of law, the
Administrator of the General Services Administration shall enter into a
lease of the real property described in the first section of this Act
with the American National Red Cross, District of Columbia Chapter. Such
lease shall provide that such property shall be used as an office,
medical and scientific facility by such Red Cross Chapter and the
tenants of such Chapter on such terms and conditions as shall be
customary and necessary, including that--
``(1) the lease shall be triple net to the United States and
such Red Cross Chapter shall pay all taxes, insurance, and operating
costs, and a rent of $1.00 for the term of the lease;
``(2) the lease term shall be for 99 years, and all improvements
on such property shall revert to the ownership of the United States
at the conclusion of the term;
``(3) such Red Cross Chapter may (at the expense of such
Chapter) demolish the improvements on such property or any
improvements constructed on such property after the date of
enactment of this section [Nov. 8, 1988], build, own, operate, and
maintain new improvements, enter into leases, finance improvements
(and mortgage any improvements and the leasehold estate), and in all
manner deal with the property subject only to the condition that the
ownership interest of the United States in the land shall not be
adversely affected;
``(4) any space not needed for the operations of such Red Cross
Chapter or the American National Red Cross in any building or
improvement constructed on such property shall be first made
available for use by Federal agencies at rental rates and other
related expenses that are less than fair market value and reflect
the value of the property provided to such Red Cross Chapter under
the provisions of this Act;
``(5) the United States shall cooperate with such Red Cross
Chapter with respect to any zoning or other matters relating to the
development or improvement of such property; and
``(6) the plans of any proposed building or improvement for
construction after the date of the enactment of this section shall
first be approved by the American National Red Cross, the Commission
of Fine Arts, and the National Capital Planning Commission.
``(b) The enactment of this section may not be construed as
establishing a policy of the United States Government to furnish
building sites for Red Cross chapters or any eleemosynary institution at
any other place.''
