    [United States Senate Manual, 107th Congress]
    [S. Doc. 107-1]
    [USCODETITLE]
    [Pages 874-889]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 874]]

                      TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS

                           Subtitle II--Public Buildings and Works

                                Part B--United States Capitol

                  Chapter 51.--UNITED STATES CAPITOL BUILDINGS AND GROUNDS

          1106  Sec. 5101. Definition.
                    In this chapter, the term ``Capitol Buildings'' means
                the United States Capitol, the Senate and House Office
                Buildings and garages, the Capitol Power Plant, all subways
                and enclosed passages connecting two or more of those
                structures, and the real property underlying and enclosed by
                any of those structures.
          1107  Sec. 5102. Legal description and jurisdiction of United
                    States Capitol Grounds
                (a) Legal Description
                    The United States Capitol Grounds comprises all squares,
                reservations, streets, roadways, walks, and other areas as
                defined on a map entitled ``Map showing areas comprising
                United States Capitol Grounds'', dated June 25, 1946,
                approved by the Architect of the Capitol, and recorded in
                the Office of the Surveyor of the District of Columbia in
                book 127, page 8, including all additions added by law after
                June 25, 1946.
                (b) Jurisdiction
                    (1) Architect of the Capitol.
                                The jurisdiction and control over the
                            Grounds, vested prior to July 31, 1946, by law
                            in the Architect, is extended to the entire area
                            of the Grounds. Except as provided in paragraph
                            (2), the Architect is responsible for the
                            maintenance and improvement of the Grounds,
                            including those streets and roadways in the
                            Grounds as shown on the map referred to in
                            subsection (a) as being under the jurisdiction
                            and control of the Commissioners of the District
                            of Columbia.
                    (2) Mayor of the District of Columbia.
                (A) In general
                                The Mayor of the District of Columbia is
                            responsible for the maintenance and improvement
                            of those portions of the following streets which
                            are situated between the curblines of those
                            streets: Constitution Avenue from Second Street
                            Northeast to Third Street Northwest, First
                            Street from D Street Northeast to D Street
                            Southeast, D Street from First Street Southeast
                            to Washington Avenue Southwest, and First Street
                            from the north side of Louisiana Avenue to the
                            intersection of C Street and Washington Avenue
                            Southwest, Pennsylvania Avenue Northwest from
                            First Street Northwest to

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                            Third Street Northwest, Maryland Avenue
                            Southwest from First Street Southwest to Third
                            Street Southwest, Second Street Northeast from F
                            Street Northeast to C Street Southeast; C Street
                            Southeast from Second Street Southeast to First
                            Street Southeast; that portion of Maryland
                            Avenue Northeast from Second Street Northeast to
                            First Street Northeast; that portion of New
                            Jersey Avenue Northwest from D Street Northwest
                            to Louisiana Avenue; that portion of Second
                            Street Southwest from the north curb of D Street
                            to the south curb of Virginia Avenue Southwest;
                            that portion of Virginia Avenue Southwest from
                            the east curb of Second Street Southwest to the
                            west curb of Third Street Southwest; that
                            portion of Third Street Southwest from the south
                            curb of Virginia Avenue Southwest to the north
                            curb of D Street Southwest; that portion of D
                            Street Southwest from the west curb of Third
                            Street Southwest to the east curb of Second
                            Street Southwest; that portion of Washington
                            Avenue Southwest, including sidewalks and
                            traffic islands, from the south curb of
                            Independence Avenue Southwest to the west curb
                            of South Capitol Street.
                (B) Repair and maintenance of utility services
                    The Mayor may enter any part of the Grounds to repair or
                maintain or, subject to the approval of the Architect,
                construct or alter, any utility service of the District of
                Columbia Government.
          1108  Sec. 5103. Restrictions on public use of United States
                    Capitol Grounds
                    Public travel in, and occupancy of, the United States
                Capitol Grounds is restricted to the roads, walks, and
                places prepared for that purpose.
          1109  Sec. 5104. Unlawful activities
                (a) Definitions
                    In this section--
                    (1) Act of physical violence.--The term ``act of
                physical violence'' means any act involving--
                                (A) an assault or other infliction or threat
                            of infliction of death or bodily harm on an
                            individual; or
                                (B) damage to, or destruction of, real or
                            personal property.
                    (2) Dangerous weapon.--The term ``dangerous weapon''
                includes--
                                (A) all articles enumerated in section 14(a)
                            of the Act of July 8, 1932 (ch. 465, 47 Stat.
                            654); and
                                (B) a device designed to expel or hurl a
                            projectile capable of causing injury to
                            individuals or property, a dagger, a dirk, a
                            stiletto, and a knife having a blade over three
                            inches in length.
                    (3) Explosives.--The term ``explosives'' has the meaning
                given that term in section 841(d) of title 18.
                    (4) Firearm.--The term ``firearm'' has the meaning given
                that term in section 921(3) of title 18.
                (b) Obstruction of Roads
                    A person may not occupy the roads in the United States
                Capitol Grounds in a manner that obstructs or hinders their
                proper use, or use the roads in the area of the Grounds,
                south of Constitution Avenue and B Street and north of
                Independence Avenue and B Street, to convey

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                goods or merchandise, except to or from the United States
                Capitol on Federal Government service.
                (c) Sale of Articles, Display of Signs, and Solicitations
                    A person may not carry out any of the following
                activities in the Grounds:
                    (1) offer or expose any article for sale.
                    (2) display a sign, placard, or other form of
                advertisement.
                    (3) solicit fares, alms, subscriptions, or
                contributions.
                (d) Injuries to Property
                    A person may not step or climb on, remove, or in any way
                injure any statue, seat, wall, fountain, or other erection
                or architectural feature, or any tree, shrub, plant, or
                turf, in the Grounds.
                (e) Capitol Grounds and Buildings Security
                    (1) Firearms, dangerous weapons, explosives, or
                incendiary devices.--An individual or group of individuals--
                                (A) except as authorized by regulations
                            prescribed by the Capitol Police Board--

                                    (i) may not carry on or have readily
                                accessible to any individual on the Grounds
                                or in any of the Capitol Buildings a
                                firearm, a dangerous weapon, explosives, or
                                an incendiary device;

                                    (ii) may not discharge a firearm or
                                explosives, use a dangerous weapon, or
                                ignite an incendiary device, on the Grounds
                                or in any of the Capitol Buildings; or

                                    (iii) may not transport on the Grounds
                                or in any of the Capitol Buildings
                                explosives or an incendiary device; or

                                (B) may not knowingly, with force and
                            violence, enter or remain on the floor of either
                            House of Congress.
                    (2) Violent entry and disorderly conduct.--An individual
                or group of individuals may not willfully and knowingly--
                                (A) enter or remain on the floor of either
                            House of Congress or in any cloakroom or lobby
                            adjacent to that floor, in the Rayburn Room of
                            the House of Representatives, or in the Marble
                            Room of the Senate, unless authorized to do so
                            pursuant to rules adopted, or an authorization
                            given, by that House;
                                (B) enter or remain in the gallery of either
                            House of Congress in violation of rules
                            governing admission to the gallery adopted by
                            that House or pursuant to an authorization given
                            by that House;
                                (C) with the intent to disrupt the orderly
                            conduct of official business, enter or remain in
                            a room in any of the Capitol Buildings set aside
                            or designated for the use of either House of
                            Congress or a Member, committee, officer, or
                            employee of Congress or either House of
                            Congress;
                                (D) utter loud, threatening, or abusive
                            language, or engage in disorderly or disruptive
                            conduct, at any place in the Grounds or in any
                            of the Capitol Buildings with the intent to
                            impede, disrupt, or disturb the orderly conduct
                            of a session of Congress or either House of
                            Congress, or the orderly conduct in that
                            building of a hearing before, or any
                            deliberations of, a committee of Congress or
                            either House of Congress;

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                                (E) obstruct, or impede passage through or
                            within, the Grounds or any of the Capitol
                            Buildings;
                                (F) engage in an act of physical violence in
                            the Grounds or any of the Capitol Buildings; or
                                (G) parade, demonstrate, or picket in any of
                            the Capitol Buildings.
                    (3) Exemption of Government officials.--This subsection
                does not prohibit any act performed in the lawful discharge
                of official duties by--
                                (A) a Member of Congress;
                                (B) an employee of a Member of Congress;
                                (C) an officer or employee of Congress or a
                            committee of Congress; or
                                (D) an officer or employee of either House
                            of Congress or a committee of that House.
                (f) Parades, Assemblages, and Display of Flags
                    Except as provided in section 5106 of this title, a
                person may not--
                                (1) parade, stand, or move in processions or
                            assemblages in the Grounds; or
                                (2) display in the Grounds a flag, banner,
                            or device designed or adapted to bring into
                            public notice a party, organization, or
                            movement.
          1110  Sec. 5105. Assistance to authorities by Capitol employees
                    Each individual employed in the service of the Federal
                Government in the United States Capitol or within the United
                States Capitol Grounds shall prevent, as far as may be in
                the individual's power, a violation of a provision of this
                chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July
                31, 1946. (Ch. 707, 60 Stat. 719, 720), and shall aid the
                police in securing the arrest and conviction of the
                individual violating the provision.
          1111  Sec. 5106. Suspension of prohibitions
                (a) Authority to Suspend
                    To allow the observance in the United States Capitol
                Grounds of occasions of national interest becoming the
                cognizance and entertainment of Congress, the President of
                the Senate and the Speaker of the House of Representatives
                concurrently may suspend any of the prohibitions contained
                in sections 5103 and 5104 of this title that would prevent
                the use of the roads and walks within the Grounds by
                processions or assemblages, and the use in the Grounds of
                suitable decorations, music, addresses, and ceremonies, if
                responsible officers have been appointed and the President
                and the Speaker determine that adequate arrangements have
                been made to maintain suitable order and decorum in the
                proceedings and to guard the United States Capitol and its
                grounds from injury.
                (b) Power to Suspend Prohibitions in Absence of President or
                    Speaker
                    If either the President or Speaker is absent from the
                District of Columbia, the authority to suspend devolves on
                the other officer. If both officers are absent, the
                authority devolves on the Capitol Police Board.

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                (c) Authority of Mayor To Permit Use of Louisiana Avenue
                    Notwithstanding subsection (a) and section 5104(f) of
                this title, the Capitol Police Board may grant the Mayor of
                the District of Columbia authority to permit the use of
                Louisiana Avenue for any of the purposes prohibited by
                section 5104(f).
          1112  Sec. 5107. Concerts on grounds
                    Sections 5102, 5103, 5104(b)-(f), 5105, 5105, and 5109
                of this title and sections 9, 9A, 9B, and 9C of the Act of
                July 31, 1946 (ch. 707, 60 Stat. 719, 720), do not prohibit
                a band in the service of the Federal Government from giving
                concerts in the United States Capitol Grounds at times which
                will not interfere with Congress and as authorized by the
                Architect of the Capitol.
          1113  Sec. 5108. Audit of private organizations
                    A private organization (except a political party or
                committee constituted for the election of federal
                officials), whether or not organized for profit and whether
                or not any of its income inures to the benefit of any
                person, that performs services or conducts activities in the
                United States Capitol Buildings or Grounds is subject to a
                special audit of its accounts for each year in which it
                performs those services or conducts those activities. The
                Comptroller General shall conduct the audit and report the
                results of the audit to the Senate and the House of
                Representatives.
          1114  Sec. 5109. Penalties
                (a) Firearms, Dangerous Weapons, Explosives, or Incendiary
                    Device Offenses
                    An individual or group violating section 5104(e)(1) of
                this title, or attempting to commit a violation, shall be
                fined under title 18, imprisoned for not more than five
                years, or both.
                (b) Other Offenses
                    A person violating section 5103 or 5104(b), (c), (d),
                (e)(2), or (f) of this title, or attempting to commit a
                violation, shall be fined under title 18, imprisoned for not
                more than six months, or both.
                (c) Procedure
                (1) In general
                    An action for a violation of this chapter or section 9,
                9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60
                Stat. 719, 720), including an attempt or a conspiracy to
                commit a violation, shall be brought by the Attorney General
                in the name of the United States. This chapter and sections
                9, 9A, 9B, 9C and 14 do not supersede any provision of
                federal law or the laws of the District of Columbia. Where
                the conduct violating this chapter or section 9, 9A, 9B, 9C
                or 14 also violates federal law or the laws of the District
                of Columbia, both violations may be joined in a single
                action.
                (2) Venue
                    An action under this section for a violation of--
                                (A) section 5104(e)(1) of this title or for
                            conduct that constitutes a felony under federal
                            law or the laws of the District of Columbia

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                            shall be brought in the United States District
                            Court for the District of Columbia; and
                                (B) any other section referred to in
                            subsection (a) may be brought in the Superior
                            Court of the District of Columbia.
                (3) Amount of penalty
                    The penalty which may be imposed on a person convicted
                in an action under this subsection is the highest penalty
                authorized by any of the laws the defendant is convicted of
                violating.

                             Part C--Federal Building Complexes

                  Chapter 65.--THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

          1115  Sec. 6501. Definition
                    In this chapter, the term ``Chief Justice'' means the
                Chief Justice of the United States or the designee of the
                Chief Justice, except that when there is a vacancy in the
                office of the Chief Justice, the most senior associate
                justice of the Supreme Court shall be deemed to be the Chief
                Justice for purposes of this chapter until the vacancy is
                filled.
          1116  Sec. 6502. Thurgood Marshall Federal Judiciary Building
                (a) Establishment and Designation
                    There is a Federal Judiciary Building in Washington,
                D.C., known and designated as the ``Thurgood Marshall
                Federal Judiciary Building''.
                (b) Title
                    (1) Squares 721 and 722.--Title to squares 721 and 722
                remains in the Federal Government.
                    (2) Building.--Title to the Building and other
                improvements constructed or otherwise made immediately
                reverts to the Government at the expiration of not more than
                30 years from the effective date of the lease agreement
                referred to in section 6504 of this title without payment of
                any compensation by the Government.
                (c) Limitations
                    (1) Size of building.--The Building (excluding parking
                facilities) may not exceed 520,000 gross square feet in size
                above the level of Columbia Plaza in the District of
                Columbia.
                    (2) Height of building.--The height of the Building and
                other improvements shall be compatible with the height of
                surrounding Government and historic buildings and conform to
                the provisions of the Act of June 1, 1910 (ch. 263, 36 Stat.
                452) (known as the Building Height Act of 1910).
                    (3) Design.--The Building and other improvements shall--
                                (A) be designed in harmony with historical
                            and Government buildings in the vicinity;
                                (B) reflect the symbolic importance and
                            historic character of the United States Capitol
                            and other buildings on the United States Capitol
                            Grounds; and
                                (C) represent the dignity and stability of
                            the Government.

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                (d) Approval of Chief Justice
                    All final decisions regarding architectural design of
                the Building are subject to the approval of the Chief
                Justice.
                (e) Chilled Water and Steam From Capitol Power Plant
                    If the Building is connected with the Capitol Power
                Plant, the Architect of the Capitol shall furnish chilled
                water and steam from the Plant to the Building on a
                reimbursable basis.
                (f) Construction Standards
                    The Building and other improvements constructed under
                this chapter shall meet all standards applicable to
                construction of a federal building.
                (g) Accounting System
                    The Architect shall maintain an accounting system for
                operation and maintenance of the Building and other
                improvements which will allow accurate projections of the
                dates and cost of major repairs, improvements,
                reconstructions, and replacements of the Building and
                improvements and other capital expenditures on the Building
                and improvements.
                (h) Nonapplicability of Certain Laws
                    (1) Building codes, permits, or inspection.--The
                Building is not subject to any law of the District of
                Columbia relating to building codes, permits, or inspection,
                including any such law enacted by Congress.
                    (2) Taxes.--The Building and other improvements
                constructed under this chapter are not subject to any law of
                the District of Columbia relating to real estate and
                personal property taxes, special assessments, or other
                taxes, including any such law enacted by Congress.
          1117  Sec. 6503. Commission for the Judiciary Office Building
                (a) Establishment and Membership
                    There is a Commission for the Judiciary Office Building,
                composed of the following 13 members or their designees:
                    (1) Two individuals appointed by the Chief Justice from
                among justices of the Supreme Court and other judges of the
                United States.
                    (2) The members of the House Office Building Commission.
                    (3) The majority leader and minority leader of the
                Senate.
                    (4) The Chairman and the ranking minority member of the
                Senate Committee on Rules and Administration.
                    (5) The Chairman and the ranking minority member of the
                Senate Committee on Environment and Public Works.
                    (6) The Chairman and ranking minority member of the
                Committee on Transportation and Infrastructure of the House
                of Representatives.
                (b) Quorum
                    Seven members of the Commission is a quorum.
                (c) Duties
                    The Commission is responsible for the supervision of the
                design, construction, operation, maintenance, structural,
                mechanical, and domestic care, and security of the Thurgood
                Marshall Federal Judiciary Building. The Commission shall
                prescribe regulations to govern the actions of the Architect
                of the Capitol under this chapter and to govern the use and
                occupancy of all space in the Building.

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          1118  Sec. 6504. Lease of building
                (a) Lease Agreement
                    Under an agreement with the person selected to construct
                the Thurgood Marshall Federal Judiciary Building, the
                Architect of the Capitol shall lease the Building to carry
                out the objectives of this chapter.
                (b) Minimum Requirements of Lease Agreement
                    The agreement includes at a minimum the following:
                    (1) Limit on length of lease.--The Architect will lease
                the Building and other improvements for not more than 30
                years from the effective date of the agreement.
                    (2) Rental rate.--The rental rate per square foot of
                occupiable space for all space in the Building and other
                improvements will be in the best interest of the Federal
                Government and will carry out the objectives of this
                chapter. The aggregate rental rate for all space in the
                Building and other improvements shall produce an amount at
                least equal to the amount necessary to amortize the cost of
                development of squares 721 and 722 in the District of
                Columbia over the life of the lease.
                    (3) Authority to make space available and sublease
                space.--The Architect may make space available and sublease
                space in the Building and other improvements in accordance
                with section 6506 of this title.
                    (4) Other terms and conditions.--The agreement contains
                terms and conditions the Architect prescribes to carry out
                the objectives of this chapter.
                (c) Obligation of Amounts
                    Obligation of amounts for lease payments under this
                section may only be made--
                                (1) on an annual basis; and
                                (2) from the account described in section
                            6507 of this title.
          1119  Sec. 6505. Structural and mechanical care and security
                (a) Structural and Mechanical Care
                    The Architect of the Capitol, under the direction of the
                Commission for the Judiciary Office Building--
                    (1) is responsible for the structural and mechanical
                care and maintenance of the Thurgood Marshall Federal
                Judiciary Building and improvements, including the care and
                maintenance of the grounds of the Building, in the same
                manner and to the same extent as for the structural and
                mechanical care and maintenance of the Supreme Court
                Building under section 6111 of this title; and
                    (2) shall perform all other duties and work required for
                the operation and domestic care of the Building and
                improvements.
                (b) Security
                    (1) Capitol Police.--The United States Capitol Police--
                                (A) are responsible for all exterior
                            security of the Building and other improvements
                            constructed under this chapter; and
                                (B) may police the Building and other
                            improvements, including the interior and
                            exterior, and may make arrests within the
                            interior and exterior of the Building and other
                            improvements for any violation of federal or
                            state law or the laws of the District of
                            Columbia, or any regulation prescribed under any
                            of those laws.

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                    (2) Marshal of the Supreme Court.--This chapter does not
                interfere with the obligation of the Marshal of the Supreme
                Court to protect justices, officers, employees, or other
                personnel of the Supreme Court who may occupy the Building
                and other improvements.
                    (3) Reimbursement.--The Architect shall transfer from
                the account described in section 6507 of this title amounts
                necessary to reimburse the United States Capitol Police for
                expenses incurred in providing exterior security under this
                subsection. The Capitol Police may accept amounts the
                Architect transfers under this paragraph. Those amounts
                shall be credited to the appropriation account charged by
                the Capitol Police in carrying out security duties.
          1120  Sec. 6506. Allocation of space
                (a) Priority
                    (1) Judicial branch.--Subject to this section, the
                Architect of the Capitol shall make available to the
                judicial branch of the Federal Government all space in the
                Thurgood Marshall Federal Judiciary Building and other
                improvements constructed under this chapter. The space shall
                be made available on a reimbursable basis and substantially
                in accordance with the report referred to in section 3(b)(1)
                of the Judiciary Office Building Development Act (Public Law
                100-480, 102 Stat. 2330).
                    (2) Other Federal Governmental entities.--The Architect
                may make available to Federal Governmental entities which
                are not part of the judicial branch and which are not staff
                of Members of Congress or congressional committees any space
                in the Building and other improvements that the Chief
                Justice decides is not needed by the judicial branch. The
                space shall be made available on a reimbursable basis.
                    (3) Other persons.--If any space remains, the Architect
                may sublease it pursuant to subsection (e), under the
                direction of the Commission for the Judiciary Office
                Building, to any person.
                (b) Space for Judicial Branch and Other Federal Governmental
                    Entities
                    Space made available under subsection (a)(1) or (2) is
                subject to--
                    (1) terms and conditions necessary to carry out the
                objectives of this chapter; and
                    (2) reimbursement at the rate established under section
                6504(b)(2) of this title plus an amount necessary to pay
                each year for the cost of administering the Building and
                other improvements (including the cost of operation,
                maintenance, rehabilitation, security, and structural,
                mechanical, and domestic care) that is attributable to the
                space, with the amount to be determined by the Architect
                and--
                                (A) in the case of the judicial branch, the
                            Director of the Administrative Office of the
                            United States Courts; or
                                (B) in the case of any federal governmental
                            entity not a part of the judicial branch, the
                            entity.
                (c) Space for Judicial Branch
                    (1) Assignment of space within judicial branch.--The
                Director may assign space made available to the judicial
                branch under subsection (a)(1) among offices of the judicial
                branch as the Director considers appropriate.
                    (2) Vacating occupied space.--When the Chief Justice
                notifies the Architect that the judicial branch requires
                additional space in the Building

    [[Page 883]]

                and other improvements, the Architect shall accommodate
                those requirements within 90 days after the date of the
                notification, except that if the space was made available to
                the Administrator of General Services, it shall be vacated
                expeditiously by not later than a date the Chief Justice and
                the Administrator agree on.
                    (3) Unoccupied space.--The Chief Justice has the right
                of first refusal to use unoccupied space in the Building to
                meet the needs of the judicial branch.
                (d) Lease by Architect
                    (1) Authority to lease.--Subject to approval by the
                Committees on Appropriations of the House of Representatives
                and the Senate, the House Office Building Commission, and
                the Committee on Rules and Administration of the Senate, the
                Architect may lease and occupy not more than 75,000 square
                feet of space in the Building.
                    (2) Payments.--Payments under the lease shall be made on
                vouchers the Architect approves. Necessary amounts may be
                appropriated--
                                (A) to the Architect to carry out this
                            subsection, including amounts for acquiring and
                            installing furniture and furnishings; and
                                (B) to the Sergeant at Arms of the Senate to
                            plan for, acquire, and install
                            telecommunications equipment and services for
                            the Architect with respect to space leased under
                            this subsection.
                (e) Subleased Space
                    (1) Rental rate.--Space subleased by the Architect under
                subsection (a)(3) is subject to reimbursement at a rate
                which is comparable to prevailing rental rates for similar
                facilities in the area but not less than the rate
                established under section 6504(b)(2) of this title plus an
                amount the Architect and the person subleasing the space
                agree is necessary to pay each year for the cost of
                administering the Building (including the cost of operation,
                maintenance, rehabilitation, security, and structural,
                mechanical, and domestic care) that is attributable to the
                space.
                    (2) Limitation.--A sublease under subsection (a)(3) must
                be compatible with the dignity and functions of the judicial
                branch offices housed in the Building and must not unduly
                interfere with the activities and operations of the judicial
                branch agencies housed in the Building. Sections 5104(c) and
                5108 of this title do not apply to any space in the Building
                and other improvements subleased to a non-Government tenant
                under subsection (a)(3).
                    (3) Collection of rent.--The Architect shall collect
                rent for space subleased under subsection (a)(3).
                (f) Deposit of Rent and Reimbursements
                    Amounts received under subsection (a)(3) (including
                lease payments and reimbursements) shall be deposited in the
                account described in section 6507 of this title.
          1121  Sec. 6507. Account in Treasury
                (a) Establishment and Contents of Separate Account
                    There is a separate account in the Treasury. The account
                includes all amounts deposited in the account under section
                6506(f) of this title and amounts appropriated to the
                account. However, the appropriated amounts may not be more
                than $2,000,000.

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                (b) Use of Amounts
                    Amounts in the account are available to the Architect of
                the Capitol--
                    (1) for paying expenses for structural, mechanical, and
                domestic care, maintenance, operation, and utilities of the
                Thurgood Marshall Federal Judiciary Building and other
                improvements constructed under this chapter;
                    (2) for reimbursing the United States Capitol Police for
                expenses incurred in providing exterior security for the
                Building and other improvements;
                    (3) for making lease payments under section 6504 of this
                title; and
                    (4) for necessary personnel (including consultants).

                  Chapter 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE
                                           WORKS

          1122  Sec. 8901. Purposes
                    The purposes of this chapter are--
                    (1) to preserve the integrity of the comprehensive
                design of the L'Enfant and McMillan plans for the Nation's
                Capital;
                    (2) to ensure the continued public use and enjoyment of
                open space in the District of Columbia;
                    (3) to preserve, protect and maintain the limited amount
                of open space available to residents of, and visitors to,
                the Nation's Capital; and
                    (4) to ensure that future commemorative works in areas
                administered by the National Park Service and the
                Administrator of General Services in the District of
                Columbia and its environs--
                                (A) are appropriately designed, constructed,
                            and located; and
                                (B) reflect a consensus of the lasting
                            national significance of the subjects involved.
          1123  Sec. 8902. Definitions and nonapplication
                (a) Definitions
                    In this chapter, the following definitions apply:
                    (1) Commemorative work.--The term ``commemorative
                work''--
                                (A) means any statue, monument, sculpture,
                            memorial, plaque, inscription, or other
                            structure or landscape feature, including a
                            garden or memorial grove, designed to perpetuate
                            in a permanent manner the memory of an
                            individual, group, event or other significant
                            element of American history; but
                                (B) does not include an item described in
                            subclause (A) that is located within the
                            interior of a structure or a structure which is
                            primarily used for other purposes.
                    (2) Person.--The term ``person'' means--
                                (A) a public agency; and
                                (B) an individual, group or organization--

                                    (i) described in section 501(c)(3) of
                                the Internal Revenue Code of 1986 (26 U.S.C.
                                501(c)(3)) and exempt from tax under section
                                501(a) of the Code (26 U.S.C. 501(a)); and

                                    (ii) authorized by Congress to establish
                                a commemorative work in the District of
                                Columbia and its environs.

                    (3) The District of Columbia and its environs.--The term
                ``the District of Columbia and its environs'' means land and
                property located in Areas

    [[Page 885]]

                I and II as depicted on the map numbered 869/86501, and
                dated May 1, 1986, that the National Park Service and the
                Administrator of General Services administer.
                (b) Nonapplication
                    This chapter does not apply to commemorative works
                authorized by a law enacted before January 3, 1985.
          1124  Sec. 8903. Congressional authorization of commemorative
                    works
                (a) In General
                    Commemorative works--
                                (1) may be established on federal lands
                            referred to in section 8901(4) of this title
                            only as specifically authorized by law; and
                                (2) are subject to applicable provisions of
                            this chapter.
                (b) Military Commemorative Works
                    A military commemorative work may be authorized only to
                commemorate a war or similar major military conflict or a
                branch of the armed forces. A commemorative work
                commemorating a lesser conflict or a unit of an armed force
                may not be authorized. Commemorative works to a war or
                similar major military conflict may not be authorized until
                at least 10 years after the officially designated end of the
                event.
                (c) Works Commemorating Events, Individuals, or Groups
                    A commemorative work commemorating an event, individual,
                or group of individuals, except a military commemorative
                work as described in subsection (b), may not be authorized
                until after the 25th anniversary of the event, death of the
                individual, or death of the last surviving member of the
                group.
                (d) Consultation With National Capital Memorial Commission
                    In considering legislation authorizing commemorative
                works in the District of Columbia and its environs, the
                Committee on House Administration of the House of
                Representatives and the Committee on Energy and Natural
                Resources of the Senate shall solicit the views of the
                National Capital Memorial Commission.
                (e) Expiration of Legislative Authority
                    Legislative authority for a commemorative work expires
                at the end of the seven-year period beginning on the date
                the authority is enacted unless the Secretary of the
                Interior or Administrator of General Services, as
                appropriate, has issued a construction permit for the
                commemorative work during that period.
          1125  Sec. 8904. National Capital Memorial Commission
                (a) Establishment and Composition
                    There is a National Capital Memorial Commission. The
                membership of the Commission consists of--
                                (1) the Director of the National Park
                            Service;
                                (2) the Architect of the Capitol;
                                (3) the Chairman of the American Battle
                            Monuments Commission;
                                (4) the Chairman of the Commission of Fine
                            Arts;
                                (5) the Chairman of the National Capital
                            Planning Commission;
                                (6) the Mayor of the District of Columbia;

    [[Page 886]]

                                (7) the Commissioner of the Public Buildings
                            Service of the General Services Administration;
                            and
                                (8) the Secretary of Defense.
                (b) Chairman
                    The Director is the Chairman of the National Capital
                Memorial Commission.
                (c) Advisory Role
                    The National Capital Memorial Commission shall advise
                the Secretary of the Interior and the Administrator of
                General Services on policy and procedures for establishment
                of, and proposals to establish, commemorative works in the
                District of Columbia and its environs and on other matters
                concerning commemorative works in the Nation's Capital as
                the Commission considers appropriate.
                (d) Meetings
                    The National Capital Memorial Commission shall meet at
                least twice annually.
          1126  Sec. 8905. Site and design approval
                (a) Consultation on, and Submission of, Proposals
                    A person authorized by law to establish a commemorative
                work in the District of Columbia and its environs may
                request a permit for construction of the commemorative work
                only after the following requirements are met:
                                (1) Consultation.--The person must consult
                            with the National Capital Memorial Commission
                            regarding the selection of alternative sites and
                            designs for the commemorative work.
                                (2) Submittal.--Following consultation in
                            accordance with clause (1), the Secretary of the
                            Interior or the Administrator of General
                            Services, as appropriate, must submit, on behalf
                            of the person, site and design proposals to the
                            Commission of Fine Arts and the National Capital
                            Planning Commission for their approval.
                (b) Decision Criteria
                    In considering site and design proposals, the Commission
                of Fine Arts, National Capital Planning Commission,
                Secretary, and Administrator shall be guided by, but not
                limited by, the following criteria:
                                (1) Surroundings.--To the maximum extent
                            possible, a commemorative work shall be located
                            in surroundings that are relevant to the subject
                            of the work.
                                (2) Location.--A commemorative work shall be
                            located so that--

                                    (A) it does not interfere with, or
                                encroach on, an existing commemorative work;
                                and

                                    (B) to the maximum extent practicable,
                                it protects open space and existing public
                                use.

                                (3) Material.--A commemorative work shall be
                            constructed of durable material suitable to the
                            outdoor environment.
                                (4) Landscape features.--Landscape features
                            of commemorative works shall be compatible with
                            the climate.

    [[Page 887]]

          1127  Sec. 8906. Criteria for issuance of construction permit
                (a) Criteria for Issuing Permit
                    Before issuing a permit for the construction of a
                commemorative work in the District of Columbia and its
                environs, the Secretary of the Interior or Administrator of
                General Services, as appropriate, shall determine that--
                                (1) the site and design have been approved
                            by the Secretary or Administrator, the National
                            Capital Planning Commission and the Commission
                            of Fine Arts;
                                (2) knowledgeable individuals qualified in
                            the field of preservation and maintenance have
                            been consulted to determine structural soundness
                            and durability of the commemorative work and to
                            ensure that the commemorative work meets high
                            professional standards;
                                (3) the person authorized to construct the
                            commemorative work has submitted contract
                            documents for construction of the commemorative
                            work to the Secretary or Administrator; and
                                (4) the person authorized to construct the
                            commemorative work has available sufficient
                            amounts to complete construction of the project.
                (b) Donation for Perpetual Maintenance and Preservation
                    (1) Amount.--In addition to the criteria described in
                subsection (a), a construction permit may not be issued
                unless the person authorized to construct the commemorative
                work has donated an amount equal to 10 percent of the total
                estimated cost of construction to offset the costs of
                perpetual maintenance and preservation of the commemorative
                work. The amounts shall be credited to a separate account in
                the Treasury.
                    (2) Availability.--The Secretary of the Treasury shall
                make any part of the donated amount available to the
                Secretary of the Interior or Administrator for maintenance
                at the request of the Secretary of the Interior or
                Administrator. The Secretary of the Interior or
                Administrator shall not request more from the separate
                account than the total amount deposited by persons
                establishing commemorative works in areas the Secretary of
                the Interior or Administrator administers.
                    (3) Inventory of available amounts.--The Secretary of
                the Interior and Administrator shall maintain an inventory
                of amounts available under this subsection. The amounts are
                not subject to annual appropriations.
                    (4) Nonapplicability.--This subsection does not apply
                when a department or agency of the Federal Government
                constructs the work and less than 50 percent of the funding
                for the work is provided by private sources.
                (c) Suspension for Misrepresentation in Fundraising
                    The Secretary of the Interior or Administrator may
                suspend any activity under this chapter that relates to the
                establishment of a commemorative work if the Secretary or
                Administrator determines that fundraising efforts relating
                to the work have misrepresented an affiliation with the work
                or the Federal Government.

    [[Page 888]]

                (d) Annual Report
                    The person authorized to construct a commemorative work
                under this chapter must submit to the Secretary of the
                Interior or Administrator an annual report of operations,
                including financial statements audited by an independent
                certified public accountant. The person shall pay for the
                report.
          1128  Sec. 8907. Temporary site designation
                (a) Criterion for Designation
                    If the Secretary of the Interior, in consultation with
                the National Capital Memorial Commission, determines that a
                site where commemorative works may be displayed on a
                temporary basis is necessary to aid in the preservation of
                the limited amount of open space available to residents of,
                and visitors to, the Nation's Capital, a site may be
                designated on land the Secretary administers in the District
                of Columbia.
                (b) Plan
                    A designation may be made under subsection (a) only if,
                at least 120 days before the designation, the Secretary, in
                consultation with the Commission, prepares and submits to
                Congress a plan for the site. The plan shall include
                specifications for the location, construction, and
                administration of the site and criteria for displaying
                commemorative works at the site.
                (c) Risk and Agreement To Indemnify
                    A commemorative work displayed at the site shall be
                installed, maintained, and removed at the sole expense and
                risk of the person authorized to display the work. The
                person shall agree to indemnify the United States for any
                liability arising from the display of the commemorative work
                under this section.
          1129  Sec. 8908. Areas I and II
                (a) Availability of Map
                    The Secretary of the Interior and Administrator of
                General Services shall make available, for public inspection
                at appropriate offices of the National Park Service and the
                General Services Administration, the map numbered 869/86501,
                and dated May 1, 1986.
                (b) Specific Conditions Applicable to Area I and Area II
                    (1) Area I.--After seeking the advice of the National
                Capital Memorial Commission, the Secretary or Administrator,
                as appropriate, may recommend the location of a
                commemorative work in Area I only if the Secretary or
                Administrator decides that the subject of the commemorative
                work is of preeminent historical and lasting significance to
                the United States. The Secretary or Administrator shall
                notify the Commission, the Committee on House Administration
                of the House of Representatives, and the Committee on Energy
                and Natural Resources of the Senate of the recommendation
                that a commemorative work should be located in Area I. The
                location of a commemorative work in Area I is deemed to be
                authorized only if the recommendation is approved by law not
                later than 150 calendar days after the notification.
                    (2) Area II.--Commemorative works of subjects of lasting
                historical significance to the American people may be
                located in Area II.

    [[Page 889]]

          1130  Sec. 8909. Administrative
                (a) Maintenance of Documentation of Design and Construction
                    Complete documentation of design and construction of
                each commemorative work located in the District of Columbia
                and its environs shall be provided to the Secretary of the
                Interior or Administrator of General Services, as
                appropriate, and shall be permanently maintained in the
                manner provided by law.
                (b) Responsibility for Maintenance of Completed Work
                    On completion of any commemorative work in the District
                of Columbia and its environs, the Secretary or
                Administrator, as appropriate, shall assume responsibility
                for maintaining the work.
                (c) Regulations or Standards
                    The Secretary and Administrator shall prescribe
                appropriate regulations or standards to carry out this
                chapter.
                                 41 u.s.c.--public contracts

                      general and permanent laws relating to the senate