    [United States Senate Manual, 113th Congress]
    [S. Doc. 113-1]
    [USCODETITLE]
    [Pages 1106-1126]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 1106]]

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

                  Subtitle I.--Federal Property and Administrative Services

                 Chapter 3.--ORGANIZATION OF GENERAL SERVICES ADMINISTRATION

          1500  Sec. 321. Acquisition Services Fund.
                (a) Existence.--The Acquisition Services Fund is a special
                    fund in the Treasury.
                (b) Composition.--
                                (1) In general.--The Fund is composed of
                            amounts authorized to be transferred to the Fund
                            or otherwise made available to the Fund.
                                (2) Other credits.--The Fund shall be
                            credited with all reimbursements, advances, and
                            refunds or recoveries relating to personal
                            property or services procured through the Fund,
                            including--

                                    (A) the net proceeds of disposal of
                                surplus personal property; and

                                    (B) receipts from carriers and others
                                for loss of, or damage to, personal
                                property; and

                                    (C) receipts from agencies charged fees
                                pursuant to rates established by the
                                Administrator.

                                (3) Cost and capital requirements.--The
                            Administrator shall determine the cost and
                            capital requirements of the Fund for each fiscal
                            year and shall develop a plan concerning such
                            requirements in consultation with the Chief
                            Financial Officer of the General Services
                            Administration. Any change to the cost and
                            capital requirements of the Fund for a fiscal
                            year shall be approved by the Administrator. The
                            Administrator shall establish rates to be
                            charged agencies provided, or to be provided,
                            supply of personal property and non-personal
                            services through the Fund, in accordance with
                            the plan.
                                (4) Deposit of fees.--Fees collected by the
                            Administrator under section 313 of this title
                            may be deposited in the Fund to be used for the
                            purposes of the Fund.
                (c) Uses.--
                                (1) In general.--The Fund is available for
                            use by or under the direction and control of the
                            Administrator for--

                                    (A) procuring, for the use of federal
                                agencies in the proper discharge of their
                                responsibilities--

                                            (i) personal property (including
                                        the purchase from or through the
                                        Public Printer, for warehouse issue,
                                        of standard forms, blankbook work,
                                        standard specifications, and other
                                        printed material in common use by
                                        federal agencies and not available
                                        through the Superintendent of
                                        Documents);

    [[Page 1107]]

                                            (ii) nonpersonal services; and

                                            (iii) personal services related
                                        to the provision of information
                                        technology (as defined in section
                                        11101(6) of this title);

                                    (B) paying the purchase price, cost of
                                transportation of personal property and
                                services, and cost of personal services
                                employed directly in the repair,
                                rehabilitation, and conversion of personal
                                property; and

                                    (C) paying other direct costs of, and
                                indirect costs that are reasonably related
                                to, contracting, procurement, inspection,
                                storage, management, distribution, and
                                accountability of property and nonpersonal
                                services provided by the General Services
                                Administration or by special order through
                                the Administration.

                                (2) Other uses.--The Fund may be used for
                            the procurement of personal property and
                            nonpersonal services authorized to be acquired
                            by--

                                    (A) mixed-ownership Government
                                corporations;

                                    (B) the municipal government of the
                                District of Columbia; or

                                    (C) a requisitioning non-federal agency
                                when the function of a federal agency
                                authorized to procure for it is transferred
                                to the Administration.

                (d) Payment for property and services.--
                                (1) In general.--For property or services
                            procured through the Fund for requisitioning
                            agencies, the agencies shall pay prices the
                            Administrator fixes under this subsection.
                                (2) Prices fixed by Administrator.--The
                            Administrator shall fix prices at levels
                            sufficient to recover--

                                    (A) so far as practicable--

                                            (i) the purchase price;

                                            (ii) the transportation cost;

                                            (iii) inventory losses;

                                            (iv) the cost of personal
                                        services employed directly in the
                                        repair, rehabilitation, and
                                        conversion of personal property;

                                            (v) the cost of personal
                                        services employed directly in
                                        providing information technology (as
                                        defined in section 11101(6) of this
                                        title); and''.

                                            (vi) the cost of amortization
                                        and repair of equipment used for
                                        lease or rent to executive agencies;
                                        and

                                    (B) properly allocable costs payable by
                                the Fund under subsection (c)(1)(C).

                                (3) Timing of payments.--

                                    (A) Payment in advance.--A
                                requisitioning agency shall pay in advance
                                when the Administrator determines that there
                                is insufficient capital otherwise available
                                in the Fund. Payment in advance may also be
                                made under an agreement between a
                                requisitioning agency and the Administrator.

                                    (B) Prompt reimbursement.--If payment is
                                not made in advance, the Administration
                                shall be reimbursed promptly out of amounts
                                of the requisitioning agency in accordance
                                with accounting procedures approved by the
                                Comptroller General.

                                    (C) Failure to make prompt
                                reimbursement.--The Administrator may obtain
                                reimbursement by the issuance of transfer
                                and counterwarrants, or other lawful
                                transfer documents, sup

    [[Page 1108]]

                                ported by itemized invoices, if payment is
                                not made by a requisitioning agency within
                                45 days after the later of--

                                            (i) the date of billing by the
                                        Administrator; or

                                            (ii) the date on which actual
                                        liability for personal property or
                                        services is incurred by the
                                        Administrator.

                (e) Reimbursement for equipment purchased for Congress.--The
                    Administrator may accept periodic reimbursement from the
                    Senate and from the House of Representatives for the
                    cost of any equipment purchased for the Senate or the
                    House of Representatives with money from the Fund. The
                    amount of each periodic reimbursement shall be computed
                    by amortizing the total cost of each item of equipment
                    over the useful life of the equipment, as determined by
                    the Administrator, in consultation with the Sergeant at
                    Arms and Doorkeeper of the Senate or the Chief
                    Administrative Officer of the House of Representatives,
                    as appropriate.
                (f) Transfer of uncommitted balances.--Following the close
                    of each fiscal year, after making provision for a
                    sufficient level of inventory of personal property to
                    meet the needs of Federal agencies, the replacement cost
                    of motor vehicles, and other anticipated operating needs
                    reflected in the cost and capital plan developed under
                    subsection (b), the uncommitted balance of any funds
                    remaining in the Fund shall be transferred to the
                    general fund of the Treasury as miscellaneous receipts.
                (g) Audits.--The Comptroller General shall audit the Fund in
                    accordance with the provisions of chapter 35 of title 31
                    and report the results of the audits. (Pub.L. 107-217,
                    Sec.  1, Aug. 21, 2002, 116 Stat. 1074; Pub.L. 109-313,
                    Sec.  3(d) to (g), (h)(2), Oct. 6, 2006, 120 Stat. 1735,
                    1736.)

                  Chapter 51.--UNITED STATES CAPITOL BUILDINGS AND GROUNDS

          1501  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, 1946, 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; Pub.L.
                110-178, Sec.  4(b)(1)(A), Jan. 7, 2008, 121 Stat. 2551;
                Pub.L. 111-145, Sec.  6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
                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

    [[Page 1109]]

    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].

          1502  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
                                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

    [[Page 1110]]

                                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.
                    (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
                \1\ of the Library of Congress'', approved August 4, 1950 (2
                U.S.C. 167j).
                    \1\ So in original. Probably should be followed by ``and
                    grounds''.
                    (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; Pub.L. 111-145, Sec.  6(d)(1), Mar.
                4, 2010, 124 Stat. 54.)
          1503  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.

    [[Page 1111]]

                (Act of July 31, 1946, ch. 707, Sec. 2, 60 Stat. 718; Pub.L.
                107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1176.)
          1504  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 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;

    [[Page 1112]]

                                    (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--

                                    (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. 1176;

    [[Page 1113]]

                            Pub.L. 110-161, Div. H, Title I,
                            Sec. 1004(d)(2)(A)(iii), Dec. 26, 2007, 121
                            Stat. 2234; Pub.L. 110-178, Sec.  4(b)(1)(C),
                            Jan. 7, 2008, 121 Stat. 2552; Pub.L. 111-145,
                            Sec.  6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
          1505  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.)
          1506  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.)
          1507  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.)
          1508  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

    [[Page 1114]]

                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. (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.)
          1509  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.)

    [[Page 1115]]

                             Part C.--Federal Building Complexes

                  Chapter 65.--THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

          1510  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. (Pub.L. 100-480, Sec. 10, Oct. 7, 1988, 102 Stat.
                2335; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat.
                1188.)
          1511  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.

    [[Page 1116]]

                (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. (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.)
          1512  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.)

    [[Page 1117]]

          1513  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. (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.)
          1514  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 viola

    [[Page 1118]]

                            tion 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.)
          1515  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

    [[Page 1119]]

                (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.
                (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.)

    [[Page 1120]]

          1516  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;
                                (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

          1517  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.)

          1518  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

    [[Page 1121]]

                            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 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.)
          1519  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.

    [[Page 1122]]

                (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--
                                (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.)
          1520  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.

    [[Page 1123]]

                (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.)
          1521  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

    [[Page 1124]]

                            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.)
          1522  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 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

    [[Page 1125]]

                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.
                (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.)
          1523  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.)
          1524  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 appro

    [[Page 1126]]

                priate 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 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.)
          1525  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.)