[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

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            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.)