[United States Senate Manual, 110th Congress]
[S. Doc. 110-1]
[USCODETITLE]
[Pages 1003-1021]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 1003]]
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
1216 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
buildings on the real property described under section
5102(c) (including the Administrative Building of the United
States Botanic Garden), all buildings on the real property
described under section 5102(d), all subways and enclosed
passages connecting two or more of those structures, and the
real property underlying and enclosed by any of those
structures. (Act of July 31, 1996, ch. 707, sec. 16(a)(1),
60 Stat. 721; Pub.L. 90-108, sec. 1(d), Oct. 20, 1967, 81
Stat. 277; Pub.L. 108-7, sec. 1016(a), Feb. 20, 2003, 117
Stat. 364; Pub.L. 110-161, Div. H, Title I,
Sec. 1004(d)(2)(A)(i), Dec. 26, 2007, 121 Stat. 2233.)
Note.--Designation of Great Hall of the Capitol Visitor
Center as Emanicipation Hall
Pub.L. 110-139, Sec. 1, Dec. 18, 2007, 121 Stat. 1491,
provided that:
(a) In general
The great hall of the Capitol Visitor Center shall be known and designated
as ``Emancipation Hall'', and any reference to the great hall in any law,
rule, or regulation shall be deemed to be a reference to Emancipation Hall.
(b)Effective date
This section [enacting this note] shall apply on and after the date of the
enactment of this Act [Dec. 18, 2007].
1217 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 Archi
[[Page 1004]]
tect 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
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.
(c) National Garden of the United States Botanic Garden
(1) In general.--Except as provided under paragraph (2),
the United States Capitol Grounds shall include--
(A) the National Garden of the United States
Botanic Garden;
(B) all grounds contiguous to the
Administrative Building of the United States
Botanic Garden, including Bartholdi Park; and
(C) all grounds bounded by the curblines of
First Street, Southwest on the east; Washington
Avenue, Southwest to its intersection with
Independence Avenue, and Independence Avenue
from such intersection to its intersection with
Third Street, Southwest on the south; Third
Street, Southwest on the west; and Maryland
Avenue, Southwest on the north.
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(2) Maintenance and improvements.--Notwithstanding
subsections (a) and (b), jurisdiction and control over the
buildings on the grounds described in paragraph (1) shall be
retained by the Joint Committee on the Library, and the
Joint Committee on the Library shall continue to be solely
responsible for the maintenance and improvement of the
grounds described in such paragraph.
(3) Authority not limited.--Nothing in this subsection
shall limit the authority of the Architect of the Capitol
under section 307E of the Legislative Branch Appropriations
Act, 1989 (40 U.S.C. 216c).
(d) Library of Congress buildings and grounds
(1) In general.--Except as provided under paragraph (2),
the United States Capitol grounds shall include the Library
of Congress grounds described under section 11 of the Act
entitled ``An Act relating to the policing of the buildings
of the Library of Congress'', approved August 4, 1950 (2
U.S.C. 167j).
(2) Authority of Librarian of Congress.--Notwithstanding
subsections (a) and (b), the Librarian of Congress shall
retain authority over the Library of Congress buildings and
grounds in accordance with section 1 of the Act of June 29,
1922 (2 U.S.C. 141; 42 Stat. 715). (Pub.L. 107-217, Sec. 1,
Aug. 21, 2002, 116 Stat. 1175; Pub.L. 108-7, Div. H, Title
I, Sec. 1016(b), Feb. 20, 2003, 117 Stat. 364; Pub.L. 110-
161, Div. H, Title I, Sec. 1004(d)(2)(A)(ii), Dec. 26, 2007,
121 Stat. 2233; Pub.L. 110-178, Sec. 4(b)(1)(B), (d), Jan.
7, 2008, 121 Stat. 2551.)
Enactment of Subsection (D)
Pub.L 110-161, Div.H, Title I, Sec. 1004(d)(2)(A)(ii),
(4), Dec. 27, 2006, 121 Stat. 2233, 2234, and Pub.L. 110-
178, Sec. 4(b)(1)(B), (d), Jan. 7, 2008, 121 Stat. 2551,
2552, made identical amendments which provided that,
effective Oct. 1, 2009, this section is amended by adding
the following at the end:
(d) Library of Congress buildings and grounds
(1) In general.--Except as provided under paragraph (2), The United States
Capitol Grounds shall include the Library of Congress grounds described
under section 11 of the Act entitled ``An Act relating to the policing of
the buildings of the Library of Congress'', approved August 4, 1950 (2
U.S.C. 167j).
(2) Authority of Librarian of Congress.--Not withstanding subsections (a)
and (b), the Librarian of Congress shall retain authority over the Library
of Congress buildings and grounds in accordance with section 1 of the Act
of June 29, 1922 (2 U.S.C. 141; 42 Stat. 715).
1218 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. (Act of July 31, 1946, ch.
707, Sec. 2, 60 Stat. 718; Pub.L. 107-217, Sec. 1, Aug. 21,
2002, 116 Stat. 1176.)
1219 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.
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(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 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
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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--
(i) either House of Congress or a
Member, committee, officer, or employee of
Congress, or either House of Congress; or
(ii) the Library 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;
(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. (Act of July 31, 1946, ch. 707, 60
Stat. 718; Pub.L. 87-571, Aug. 6, 1962, 76 Stat.
307; Pub.L. 90-108, Sec. 1, Oct. 20, 1967, 81
Stat. 276; Pub.L. 107-217, Sec. 1, Aug. 21,
2002, 116 Stat. 1178; Pub.L. 110-161, Div. H,
Title I, Sec. 1004(d)(2)(A)(iii), Dec. 26, 2007,
121 Stat. 2233.)
Note.--Amendment of Subsection (E)(2)(C)
Pub.L. 110-161, Div. H, Title I,
Sec. 1004(d)(2)(A)(iii), (4), Dec. 26, 2007, 121 Stat. 2234,
and Pub.L. 110-178, Sec. 4(b)(1)(C), (d), Jan. 7, 2008, 121
Stat. 2552, made identical amendments which provided that,
effective Oct. 1, 2009, this section is amended by striking
subpar. (C) and inserting the following:
(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--
(i) either House of Congress or a Member, committee, officer, or employee
of Congress, or either House of Congress; or
(ii) the Library of Congress;
[[Page 1008]]
1220 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. (Act of July 31, 1946,
ch. 707, Sec. 10, 60 Stat. 719; Pub.L. 107-217, Sec. 1, Aug.
21, 2002, 116 Stat. 1178.)
1221 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.
(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). (Act of July 31, 1946, ch. 707,
Sec. Sec. 11, 12, 60 Stat. 719; Pub.L. 107-217, Sec. 1, Aug.
21, 2002, 116 Stat. 1178.)
1222 Sec. 5107. Concerts on grounds.
Sections 5102, 5103, 5104(b)-(f), 5105, 5106, 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. (Act of July 31, 1946, ch. 707,
sec. 13, 60 Stat. 720; Pub.L. 107-217, Aug. 21, 2002, 116
Stat. 1178; Pub.L. 108-178, Sec. 3, Dec. 15, 2003, 117 Stat.
2640.)
1223 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
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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.
(Pub.L. 91-510, Title IV, Sec. 451(a), Oct. 26, 1970, 84
Stat. 1193; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat.
1178.)
1224 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 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.
(Act of July 31, 1946, ch. 707, Sec. 8, 60 Stat.
719; Pub.L. 87-571, Aug. 6, 1962, 76 Stat. 307;
Pub.L. 90-108, Sec. 1(c), Oct. 20, 1967, 81
Stat. 277; Pub.L. 107-217, Sec. 1, Aug. 21,
2002, 116 Stat. 1178.)
Part C.--Federal Building Complexes
Chapter 65.--THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING
1225 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
[[Page 1010]]
the Chief Justice for purposes of this chapter until the
vacancy is filled. (Pub.L. 100-480, Sec. 10, Oct. 7, 1988,
102 Stat. 2335; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116
Stat. 1188.)
1226 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.
(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.
[[Page 1011]]
(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. (Pub.L.
100-480, Sec. Sec. 2-4, Oct. 7, 1988, 102 Stat. 2328-31;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1188.)
1227 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. (Pub.L. 100-480,
Sec. 7, Oct. 7, 1988, 102 Stat. 2334; Pub.L. 107-217,
Sec. 1, Aug. 21, 2002, 116 Stat. 1189.)
1228 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
[[Page 1012]]
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. (Pub.L. 100-480,
Sec. Sec. 3, 4, Oct. 7, 1988, 102 Stat. 2330,
2331; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116
Stat. 1189.)
1229 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.
(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. (Pub.L.
100-480, Sec. 5, Oct. 7, 1988, 102 Stat. 2331; Pub.L. 102-
392, Title III, Sec. 311(a), Oct. 6, 1992, 106 Stat. 1723;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1190.)
[[Page 1013]]
1230 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 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.
[[Page 1014]]
(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. (Pub.L.
100-480, Sec. 6, Oct. 7, 1988, 102 Stat. 2332; Pub.L. 102-
392, Title III, Sec. 318, Oct. 6, 1992, 106 Stat. 1724;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1190.)
1231 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.
(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;
[[Page 1015]]
(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). (Pub.L. 100-480, Sec. 9, Oct. 7,
1988, 102 Stat. 2334; Pub.L. 102-392, Title III,
Sec. 311(b), Oct. 6, 1992, 106 Stat. 1723;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat.
1192.)
Chapter 89.--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE
WORKS
1232 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 and its environs, and to encourage the
location of commemorative works within the urban
fabric of 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. (Pub.L. 99-652, Sec. 2, Nov. 14,
1986, 100 Stat. 3650; Pub.L. 103-321,
Sec. 2(a), Aug. 26, 1994, 108 Stat. 1793;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116
Stat. 1227; Pub.L. 108-126, Sec. 203(a),
Nov. 17, 2003, 117 Stat. 1348.)
1233 Sec. 8902. Definitions and nonapplication.
(a) Definitions
In this chapter, the following definitions apply:
(1) Commemorative work.--The term
``commemorative work 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, except that the
term does not include any such item which is
located within the interior of a structure or a
structure which is primarily used for other
purposes.
(2) The District of Columbia and its
Environs.--The term `the District of Columbia
and its environs' means those lands and
properties administered by the National Park
Service and the General Services Administration
located in the Reserve, Area I, and Area II as
depicted on the map entitled `Commemorative
Areas Washington, DC and Environs', numbered
869/86501 B, and dated June 24, 2003.
(3) Reserve.--The term `Reserve' means the
great cross-axis of the Mall, which generally
extends from the United States Capitol
[[Page 1016]]
to the Lincoln Memorial, and from the White
House to the Jefferson Memorial, as depicted on
the map referenced in paragraph (2).
(4) Sponsor.--The term `sponsor' means a
public agency, or an individual, group or
organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of such
Code, and which is authorized by Congress to
establish a commemorative work in the District
of Columbia and its environs.
(b) Nonapplication
This chapter does not apply to commemorative works
authorized by a law enacted before January 3, 1985. (Pub.L.
99-652, Sec. Sec. 2, 10, Nov. 14, 1986, 100 Stat. 3650,
3654; Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1793;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1227;
Pub.L. 108-126, Title II, Sec. 203(b), Nov. 17, 2003, 117
Stat. 1350.)
1234 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 solely
commemorating a limited military engagement 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 such war or conflict.
(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 Advisory
Commission
In considering legislation authorizing commemorative
works in the District of Columbia and its environs, the
Committee on Resources 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
Advisory Commission.
(e) Expiration of Legislative Authority
Any legislative authority for a commemorative work shall
expire at the end of the seven-year period beginning on the
date of the enactment of such authority, or at the end of
the seven-year period beginning on the date of the enactment
of legislative authority to locate the commemorative work
within Area I, if such additional authority has been
granted, unless--
[[Page 1017]]
(1) the Secretary of the Interior or the
Administrator of General Services (as
appropriate) has issued a construction permit
for the commemorative work during that period;
or
(2) the Secretary or the Administrator (as
appropriate), in consultation with the National
Capital Memorial Advisory Commission, has made a
determination that--
(A) final design approvals have been
obtained from the National Capital Planning
Commission and the Commisssion of Fine Arts;
and
(B) 75 percent of the amount estimated
to be required to complete the commemorative
work has been raised.
If these two conditions have been met, the Secretary or
the Administrator (as appropriate) may extend the seven-year
legislative authority for a period not to exceed three
additional years. Upon expiration of the legislative
authority, any previous site and design approvals shall also
expire. (Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat.
1795; Pub.L. 104-186, Title II, Sec. 221, Aug. 20, 1996, 110
Stat. 1750; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat.
1228; Pub.L. 108-126, Title II, Sec. 203(c), Nov. 17, 2003,
117 Stat. 1350.)
1235 Sec. 8904. National Capital Memorial Advisory Commission.
(a) Establishment and Composition
There is established the National Capital Memorial
Advisory Commission, which shall be composed 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;
(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 Advisory Commission.
(c) Advisory Role
The National Capital Memorial Advisory Commission shall
advise the Secretary of the Interior and the Administrator
of General Services as appropriate 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 Advisory Commission shall
meet at least twice annually. (Pub.L. 99-652, Sec. 4, Nov.
14, 1986, 100 Stat. 3651; Pub.L. 107-217, Sec. 1, Aug. 21,
2002, 116 Stat. 1229; Pub.L. 108-126, Title II, Sec. 203(d),
Nov. 17, 2003, 117 Stat. 1351.)
[[Page 1018]]
1236 Sec. 8905. Site and design approval.
(a) Consultation on, and Submission of, Proposals
A sponsor 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 sponsor must consult
with the National Capital Memorial Advisory
Commission regarding the selection of
alternative sites and design concepts 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, and the
Secretary or Administrator (as appropriate) 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, existing public use,
and cultural and natural resources.
(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.
(5) Museums.--No commemorative work
primarily designed as a museum may be located on
lands under the jurisdiction of the Secretary in
Area I or in East Potomac Park as depicted on
the map referenced in section 8902(2).
(6) Site-specific guidelines.--The National
Capital Planning Commission and the Commission
of Fine Arts may develop such criteria or
guidelines specific to each site that are
mutually agreed upon to ensure that the design
of the commemorative work carries out the
purposes of this chapter.
(7) Donor contributions.--Donor
contributions to commemorative works shall not
be acknowledged in any manner as part of the
commemorative work or its site. (Pub.L. 99-652,
Sec. 7, Nov. 14, 1986, 100 Stat. 3652; Pub.L.
103-321, Sec. 2(d), Aug. 26, 1994, 108 Stat.
1794; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116
Stat. 1229; Pub.L. 108-126, Title II,
Sec. Sec. 203(e), 204, Nov. 17, 2003, 117 Stat.
1351, 1352.)
1237 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
[[Page 1019]]
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 sponsor authorized to construct the
commemorative work has submitted contract
documents for construction of the commemorative
work to the Secretary or Administrator; and
(4) the sponsor authorized to construct the
commemorative work has available sufficient
amounts to complete construction of the project.
(b) Donation for Perpetual Maintenance and Preservation
(1) In addition to the criteria described in subsection
(a), no construction permit shall be issued unless the
sponsor 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. All
such amounts shall be available for those purposes pursuant
to the provisions of this subsection. The provisions of this
subsection shall not apply in instances when the
commemorative work is constructed by a Department or agency
of the Federal Government and less than 50 percent of the
funding for such work is provided by private sources.
(2) Notwithstanding any other provision of law, money on
deposit in the Treasury on the date of enactment of the
Commemorative Works Clarification and Revision Act of 2003
provided by a sponsor for maintenance pursuant to this
subsection shall be credited to a separate account in the
Treasury.
(3) Money provided by a sponsor pursuant to the
provisions of this subsection after the date of enactment of
the Commemorative Works Clarification and Revision Act of
2003 shall be credited to a separate account with the
National Park Foundation.
(4) Upon request of the Secretary or Administrator (as
appropriate), the Secretary of the Treasury or the National
Park Foundation shall make all or a portion of such moneys
available to the Secretary or the Administrator (as
appropriate) for the maintenance of a commemorative work.
Under no circumstances may the Secretary or Administrator
request funds from a separate account exceeding the total
money in the account established under paragraph (2) or (3).
The Secretary and the Administrator shall maintain an
inventory of funds available for such purposes. Funds
provided under this paragraph shall be available without
further appropriation and shall remain available until
expended.
(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 1020]]
(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. (Pub.L. 99-652, Sec. 8, Nov. 14, 1986, 100 Stat.
3652; Pub.L. 103-321, Sec. 2(e), Aug. 26, 1994, 108 Stat.
1794; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1230;
Pub.L. 108-126, Title II, Sec. 203(f), Nov. 17, 2003, 117
Stat. 1351.)
1238 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. (Pub.L. 103-321, Sec. 2(f), Aug. 26,
1994, 108 Stat. 1795; Pub.L. 107-271, Sec. 1, Aug. 21, 2002,
116 Stat. 1231.)
1239 Sec. 8908. Areas I and II.
(a) Availability of map
The Secretary of the Interior or the Administrator of
General Services (as appropriate) shall make available, for
public inspection at appropriate offices of the National
Park Service and the General Services Administration, the
map entitled ``Commemorative Areas, Washington, D.C. and
Environs,'' numbered 869/86501B, and dated June 24, 2003.
(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
[[Page 1021]]
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.
(c) Reserve
After the date of enactment of the Commemorative Works
Clarification and Revision Act of 2003, no commemorative
work or visitor center shall be located within the Reserve.
(Pub.L. 99-652, Sec. Sec. 5, 6, Nov. 14, 1986, 100 Stat.
3651; Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1794;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1231;
Pub.L. 108-126, Title II, Sec. Sec. 202(b), 203(g), Nov. 17,
2003, 117 Stat. 1349, 1352.)
1240 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. (Pub.L. 99-652, Sec. 10, Nov. 14, 1986, 100 Stat.
3654; Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1795;
Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1231.)
41 u.s.c.--public contracts
general and permanent laws relating to the senate