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



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                  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