[United States Senate Manual, 107th Congress]
[S. Doc. 107-1]
[USCODETITLE]
[Pages 874-889]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 874]]
TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Subtitle II--Public Buildings and Works
Part B--United States Capitol
Chapter 51.--UNITED STATES CAPITOL BUILDINGS AND GROUNDS
1106 Sec. 5101. Definition.
In this chapter, the term ``Capitol Buildings'' means
the United States Capitol, the Senate and House Office
Buildings and garages, the Capitol Power Plant, all subways
and enclosed passages connecting two or more of those
structures, and the real property underlying and enclosed by
any of those structures.
1107 Sec. 5102. Legal description and jurisdiction of United
States Capitol Grounds
(a) Legal Description
The United States Capitol Grounds comprises all squares,
reservations, streets, roadways, walks, and other areas as
defined on a map entitled ``Map showing areas comprising
United States Capitol Grounds'', dated June 25, 1946,
approved by the Architect of the Capitol, and recorded in
the Office of the Surveyor of the District of Columbia in
book 127, page 8, including all additions added by law after
June 25, 1946.
(b) Jurisdiction
(1) Architect of the Capitol.
The jurisdiction and control over the
Grounds, vested prior to July 31, 1946, by law
in the Architect, is extended to the entire area
of the Grounds. Except as provided in paragraph
(2), the Architect is responsible for the
maintenance and improvement of the Grounds,
including those streets and roadways in the
Grounds as shown on the map referred to in
subsection (a) as being under the jurisdiction
and control of the Commissioners of the District
of Columbia.
(2) Mayor of the District of Columbia.
(A) In general
The Mayor of the District of Columbia is
responsible for the maintenance and improvement
of those portions of the following streets which
are situated between the curblines of those
streets: Constitution Avenue from Second Street
Northeast to Third Street Northwest, First
Street from D Street Northeast to D Street
Southeast, D Street from First Street Southeast
to Washington Avenue Southwest, and First Street
from the north side of Louisiana Avenue to the
intersection of C Street and Washington Avenue
Southwest, Pennsylvania Avenue Northwest from
First Street Northwest to
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Third Street Northwest, Maryland Avenue
Southwest from First Street Southwest to Third
Street Southwest, Second Street Northeast from F
Street Northeast to C Street Southeast; C Street
Southeast from Second Street Southeast to First
Street Southeast; that portion of Maryland
Avenue Northeast from Second Street Northeast to
First Street Northeast; that portion of New
Jersey Avenue Northwest from D Street Northwest
to Louisiana Avenue; that portion of Second
Street Southwest from the north curb of D Street
to the south curb of Virginia Avenue Southwest;
that portion of Virginia Avenue Southwest from
the east curb of Second Street Southwest to the
west curb of Third Street Southwest; that
portion of Third Street Southwest from the south
curb of Virginia Avenue Southwest to the north
curb of D Street Southwest; that portion of D
Street Southwest from the west curb of Third
Street Southwest to the east curb of Second
Street Southwest; that portion of Washington
Avenue Southwest, including sidewalks and
traffic islands, from the south curb of
Independence Avenue Southwest to the west curb
of South Capitol Street.
(B) Repair and maintenance of utility services
The Mayor may enter any part of the Grounds to repair or
maintain or, subject to the approval of the Architect,
construct or alter, any utility service of the District of
Columbia Government.
1108 Sec. 5103. Restrictions on public use of United States
Capitol Grounds
Public travel in, and occupancy of, the United States
Capitol Grounds is restricted to the roads, walks, and
places prepared for that purpose.
1109 Sec. 5104. Unlawful activities
(a) Definitions
In this section--
(1) Act of physical violence.--The term ``act of
physical violence'' means any act involving--
(A) an assault or other infliction or threat
of infliction of death or bodily harm on an
individual; or
(B) damage to, or destruction of, real or
personal property.
(2) Dangerous weapon.--The term ``dangerous weapon''
includes--
(A) all articles enumerated in section 14(a)
of the Act of July 8, 1932 (ch. 465, 47 Stat.
654); and
(B) a device designed to expel or hurl a
projectile capable of causing injury to
individuals or property, a dagger, a dirk, a
stiletto, and a knife having a blade over three
inches in length.
(3) Explosives.--The term ``explosives'' has the meaning
given that term in section 841(d) of title 18.
(4) Firearm.--The term ``firearm'' has the meaning given
that term in section 921(3) of title 18.
(b) Obstruction of Roads
A person may not occupy the roads in the United States
Capitol Grounds in a manner that obstructs or hinders their
proper use, or use the roads in the area of the Grounds,
south of Constitution Avenue and B Street and north of
Independence Avenue and B Street, to convey
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goods or merchandise, except to or from the United States
Capitol on Federal Government service.
(c) Sale of Articles, Display of Signs, and Solicitations
A person may not carry out any of the following
activities in the Grounds:
(1) offer or expose any article for sale.
(2) display a sign, placard, or other form of
advertisement.
(3) solicit fares, alms, subscriptions, or
contributions.
(d) Injuries to Property
A person may not step or climb on, remove, or in any way
injure any statue, seat, wall, fountain, or other erection
or architectural feature, or any tree, shrub, plant, or
turf, in the Grounds.
(e) Capitol Grounds and Buildings Security
(1) Firearms, dangerous weapons, explosives, or
incendiary devices.--An individual or group of individuals--
(A) except as authorized by regulations
prescribed by the Capitol Police Board--
(i) may not carry on or have readily
accessible to any individual on the Grounds
or in any of the Capitol Buildings a
firearm, a dangerous weapon, explosives, or
an incendiary device;
(ii) may not discharge a firearm or
explosives, use a dangerous weapon, or
ignite an incendiary device, on the Grounds
or in any of the Capitol Buildings; or
(iii) may not transport on the Grounds
or in any of the Capitol Buildings
explosives or an incendiary device; or
(B) may not knowingly, with force and
violence, enter or remain on the floor of either
House of Congress.
(2) Violent entry and disorderly conduct.--An individual
or group of individuals may not willfully and knowingly--
(A) enter or remain on the floor of either
House of Congress or in any cloakroom or lobby
adjacent to that floor, in the Rayburn Room of
the House of Representatives, or in the Marble
Room of the Senate, unless authorized to do so
pursuant to rules adopted, or an authorization
given, by that House;
(B) enter or remain in the gallery of either
House of Congress in violation of rules
governing admission to the gallery adopted by
that House or pursuant to an authorization given
by that House;
(C) with the intent to disrupt the orderly
conduct of official business, enter or remain in
a room in any of the Capitol Buildings set aside
or designated for the use of either House of
Congress or a Member, committee, officer, or
employee of Congress or either House of
Congress;
(D) utter loud, threatening, or abusive
language, or engage in disorderly or disruptive
conduct, at any place in the Grounds or in any
of the Capitol Buildings with the intent to
impede, disrupt, or disturb the orderly conduct
of a session of Congress or either House of
Congress, or the orderly conduct in that
building of a hearing before, or any
deliberations of, a committee of Congress or
either House of Congress;
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(E) obstruct, or impede passage through or
within, the Grounds or any of the Capitol
Buildings;
(F) engage in an act of physical violence in
the Grounds or any of the Capitol Buildings; or
(G) parade, demonstrate, or picket in any of
the Capitol Buildings.
(3) Exemption of Government officials.--This subsection
does not prohibit any act performed in the lawful discharge
of official duties by--
(A) a Member of Congress;
(B) an employee of a Member of Congress;
(C) an officer or employee of Congress or a
committee of Congress; or
(D) an officer or employee of either House
of Congress or a committee of that House.
(f) Parades, Assemblages, and Display of Flags
Except as provided in section 5106 of this title, a
person may not--
(1) parade, stand, or move in processions or
assemblages in the Grounds; or
(2) display in the Grounds a flag, banner,
or device designed or adapted to bring into
public notice a party, organization, or
movement.
1110 Sec. 5105. Assistance to authorities by Capitol employees
Each individual employed in the service of the Federal
Government in the United States Capitol or within the United
States Capitol Grounds shall prevent, as far as may be in
the individual's power, a violation of a provision of this
chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July
31, 1946. (Ch. 707, 60 Stat. 719, 720), and shall aid the
police in securing the arrest and conviction of the
individual violating the provision.
1111 Sec. 5106. Suspension of prohibitions
(a) Authority to Suspend
To allow the observance in the United States Capitol
Grounds of occasions of national interest becoming the
cognizance and entertainment of Congress, the President of
the Senate and the Speaker of the House of Representatives
concurrently may suspend any of the prohibitions contained
in sections 5103 and 5104 of this title that would prevent
the use of the roads and walks within the Grounds by
processions or assemblages, and the use in the Grounds of
suitable decorations, music, addresses, and ceremonies, if
responsible officers have been appointed and the President
and the Speaker determine that adequate arrangements have
been made to maintain suitable order and decorum in the
proceedings and to guard the United States Capitol and its
grounds from injury.
(b) Power to Suspend Prohibitions in Absence of President or
Speaker
If either the President or Speaker is absent from the
District of Columbia, the authority to suspend devolves on
the other officer. If both officers are absent, the
authority devolves on the Capitol Police Board.
[[Page 878]]
(c) Authority of Mayor To Permit Use of Louisiana Avenue
Notwithstanding subsection (a) and section 5104(f) of
this title, the Capitol Police Board may grant the Mayor of
the District of Columbia authority to permit the use of
Louisiana Avenue for any of the purposes prohibited by
section 5104(f).
1112 Sec. 5107. Concerts on grounds
Sections 5102, 5103, 5104(b)-(f), 5105, 5105, and 5109
of this title and sections 9, 9A, 9B, and 9C of the Act of
July 31, 1946 (ch. 707, 60 Stat. 719, 720), do not prohibit
a band in the service of the Federal Government from giving
concerts in the United States Capitol Grounds at times which
will not interfere with Congress and as authorized by the
Architect of the Capitol.
1113 Sec. 5108. Audit of private organizations
A private organization (except a political party or
committee constituted for the election of federal
officials), whether or not organized for profit and whether
or not any of its income inures to the benefit of any
person, that performs services or conducts activities in the
United States Capitol Buildings or Grounds is subject to a
special audit of its accounts for each year in which it
performs those services or conducts those activities. The
Comptroller General shall conduct the audit and report the
results of the audit to the Senate and the House of
Representatives.
1114 Sec. 5109. Penalties
(a) Firearms, Dangerous Weapons, Explosives, or Incendiary
Device Offenses
An individual or group violating section 5104(e)(1) of
this title, or attempting to commit a violation, shall be
fined under title 18, imprisoned for not more than five
years, or both.
(b) Other Offenses
A person violating section 5103 or 5104(b), (c), (d),
(e)(2), or (f) of this title, or attempting to commit a
violation, shall be fined under title 18, imprisoned for not
more than six months, or both.
(c) Procedure
(1) In general
An action for a violation of this chapter or section 9,
9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60
Stat. 719, 720), including an attempt or a conspiracy to
commit a violation, shall be brought by the Attorney General
in the name of the United States. This chapter and sections
9, 9A, 9B, 9C and 14 do not supersede any provision of
federal law or the laws of the District of Columbia. Where
the conduct violating this chapter or section 9, 9A, 9B, 9C
or 14 also violates federal law or the laws of the District
of Columbia, both violations may be joined in a single
action.
(2) Venue
An action under this section for a violation of--
(A) section 5104(e)(1) of this title or for
conduct that constitutes a felony under federal
law or the laws of the District of Columbia
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shall be brought in the United States District
Court for the District of Columbia; and
(B) any other section referred to in
subsection (a) may be brought in the Superior
Court of the District of Columbia.
(3) Amount of penalty
The penalty which may be imposed on a person convicted
in an action under this subsection is the highest penalty
authorized by any of the laws the defendant is convicted of
violating.
Part C--Federal Building Complexes
Chapter 65.--THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING
1115 Sec. 6501. Definition
In this chapter, the term ``Chief Justice'' means the
Chief Justice of the United States or the designee of the
Chief Justice, except that when there is a vacancy in the
office of the Chief Justice, the most senior associate
justice of the Supreme Court shall be deemed to be the Chief
Justice for purposes of this chapter until the vacancy is
filled.
1116 Sec. 6502. Thurgood Marshall Federal Judiciary Building
(a) Establishment and Designation
There is a Federal Judiciary Building in Washington,
D.C., known and designated as the ``Thurgood Marshall
Federal Judiciary Building''.
(b) Title
(1) Squares 721 and 722.--Title to squares 721 and 722
remains in the Federal Government.
(2) Building.--Title to the Building and other
improvements constructed or otherwise made immediately
reverts to the Government at the expiration of not more than
30 years from the effective date of the lease agreement
referred to in section 6504 of this title without payment of
any compensation by the Government.
(c) Limitations
(1) Size of building.--The Building (excluding parking
facilities) may not exceed 520,000 gross square feet in size
above the level of Columbia Plaza in the District of
Columbia.
(2) Height of building.--The height of the Building and
other improvements shall be compatible with the height of
surrounding Government and historic buildings and conform to
the provisions of the Act of June 1, 1910 (ch. 263, 36 Stat.
452) (known as the Building Height Act of 1910).
(3) Design.--The Building and other improvements shall--
(A) be designed in harmony with historical
and Government buildings in the vicinity;
(B) reflect the symbolic importance and
historic character of the United States Capitol
and other buildings on the United States Capitol
Grounds; and
(C) represent the dignity and stability of
the Government.
[[Page 880]]
(d) Approval of Chief Justice
All final decisions regarding architectural design of
the Building are subject to the approval of the Chief
Justice.
(e) Chilled Water and Steam From Capitol Power Plant
If the Building is connected with the Capitol Power
Plant, the Architect of the Capitol shall furnish chilled
water and steam from the Plant to the Building on a
reimbursable basis.
(f) Construction Standards
The Building and other improvements constructed under
this chapter shall meet all standards applicable to
construction of a federal building.
(g) Accounting System
The Architect shall maintain an accounting system for
operation and maintenance of the Building and other
improvements which will allow accurate projections of the
dates and cost of major repairs, improvements,
reconstructions, and replacements of the Building and
improvements and other capital expenditures on the Building
and improvements.
(h) Nonapplicability of Certain Laws
(1) Building codes, permits, or inspection.--The
Building is not subject to any law of the District of
Columbia relating to building codes, permits, or inspection,
including any such law enacted by Congress.
(2) Taxes.--The Building and other improvements
constructed under this chapter are not subject to any law of
the District of Columbia relating to real estate and
personal property taxes, special assessments, or other
taxes, including any such law enacted by Congress.
1117 Sec. 6503. Commission for the Judiciary Office Building
(a) Establishment and Membership
There is a Commission for the Judiciary Office Building,
composed of the following 13 members or their designees:
(1) Two individuals appointed by the Chief Justice from
among justices of the Supreme Court and other judges of the
United States.
(2) The members of the House Office Building Commission.
(3) The majority leader and minority leader of the
Senate.
(4) The Chairman and the ranking minority member of the
Senate Committee on Rules and Administration.
(5) The Chairman and the ranking minority member of the
Senate Committee on Environment and Public Works.
(6) The Chairman and ranking minority member of the
Committee on Transportation and Infrastructure of the House
of Representatives.
(b) Quorum
Seven members of the Commission is a quorum.
(c) Duties
The Commission is responsible for the supervision of the
design, construction, operation, maintenance, structural,
mechanical, and domestic care, and security of the Thurgood
Marshall Federal Judiciary Building. The Commission shall
prescribe regulations to govern the actions of the Architect
of the Capitol under this chapter and to govern the use and
occupancy of all space in the Building.
[[Page 881]]
1118 Sec. 6504. Lease of building
(a) Lease Agreement
Under an agreement with the person selected to construct
the Thurgood Marshall Federal Judiciary Building, the
Architect of the Capitol shall lease the Building to carry
out the objectives of this chapter.
(b) Minimum Requirements of Lease Agreement
The agreement includes at a minimum the following:
(1) Limit on length of lease.--The Architect will lease
the Building and other improvements for not more than 30
years from the effective date of the agreement.
(2) Rental rate.--The rental rate per square foot of
occupiable space for all space in the Building and other
improvements will be in the best interest of the Federal
Government and will carry out the objectives of this
chapter. The aggregate rental rate for all space in the
Building and other improvements shall produce an amount at
least equal to the amount necessary to amortize the cost of
development of squares 721 and 722 in the District of
Columbia over the life of the lease.
(3) Authority to make space available and sublease
space.--The Architect may make space available and sublease
space in the Building and other improvements in accordance
with section 6506 of this title.
(4) Other terms and conditions.--The agreement contains
terms and conditions the Architect prescribes to carry out
the objectives of this chapter.
(c) Obligation of Amounts
Obligation of amounts for lease payments under this
section may only be made--
(1) on an annual basis; and
(2) from the account described in section
6507 of this title.
1119 Sec. 6505. Structural and mechanical care and security
(a) Structural and Mechanical Care
The Architect of the Capitol, under the direction of the
Commission for the Judiciary Office Building--
(1) is responsible for the structural and mechanical
care and maintenance of the Thurgood Marshall Federal
Judiciary Building and improvements, including the care and
maintenance of the grounds of the Building, in the same
manner and to the same extent as for the structural and
mechanical care and maintenance of the Supreme Court
Building under section 6111 of this title; and
(2) shall perform all other duties and work required for
the operation and domestic care of the Building and
improvements.
(b) Security
(1) Capitol Police.--The United States Capitol Police--
(A) are responsible for all exterior
security of the Building and other improvements
constructed under this chapter; and
(B) may police the Building and other
improvements, including the interior and
exterior, and may make arrests within the
interior and exterior of the Building and other
improvements for any violation of federal or
state law or the laws of the District of
Columbia, or any regulation prescribed under any
of those laws.
[[Page 882]]
(2) Marshal of the Supreme Court.--This chapter does not
interfere with the obligation of the Marshal of the Supreme
Court to protect justices, officers, employees, or other
personnel of the Supreme Court who may occupy the Building
and other improvements.
(3) Reimbursement.--The Architect shall transfer from
the account described in section 6507 of this title amounts
necessary to reimburse the United States Capitol Police for
expenses incurred in providing exterior security under this
subsection. The Capitol Police may accept amounts the
Architect transfers under this paragraph. Those amounts
shall be credited to the appropriation account charged by
the Capitol Police in carrying out security duties.
1120 Sec. 6506. Allocation of space
(a) Priority
(1) Judicial branch.--Subject to this section, the
Architect of the Capitol shall make available to the
judicial branch of the Federal Government all space in the
Thurgood Marshall Federal Judiciary Building and other
improvements constructed under this chapter. The space shall
be made available on a reimbursable basis and substantially
in accordance with the report referred to in section 3(b)(1)
of the Judiciary Office Building Development Act (Public Law
100-480, 102 Stat. 2330).
(2) Other Federal Governmental entities.--The Architect
may make available to Federal Governmental entities which
are not part of the judicial branch and which are not staff
of Members of Congress or congressional committees any space
in the Building and other improvements that the Chief
Justice decides is not needed by the judicial branch. The
space shall be made available on a reimbursable basis.
(3) Other persons.--If any space remains, the Architect
may sublease it pursuant to subsection (e), under the
direction of the Commission for the Judiciary Office
Building, to any person.
(b) Space for Judicial Branch and Other Federal Governmental
Entities
Space made available under subsection (a)(1) or (2) is
subject to--
(1) terms and conditions necessary to carry out the
objectives of this chapter; and
(2) reimbursement at the rate established under section
6504(b)(2) of this title plus an amount necessary to pay
each year for the cost of administering the Building and
other improvements (including the cost of operation,
maintenance, rehabilitation, security, and structural,
mechanical, and domestic care) that is attributable to the
space, with the amount to be determined by the Architect
and--
(A) in the case of the judicial branch, the
Director of the Administrative Office of the
United States Courts; or
(B) in the case of any federal governmental
entity not a part of the judicial branch, the
entity.
(c) Space for Judicial Branch
(1) Assignment of space within judicial branch.--The
Director may assign space made available to the judicial
branch under subsection (a)(1) among offices of the judicial
branch as the Director considers appropriate.
(2) Vacating occupied space.--When the Chief Justice
notifies the Architect that the judicial branch requires
additional space in the Building
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and other improvements, the Architect shall accommodate
those requirements within 90 days after the date of the
notification, except that if the space was made available to
the Administrator of General Services, it shall be vacated
expeditiously by not later than a date the Chief Justice and
the Administrator agree on.
(3) Unoccupied space.--The Chief Justice has the right
of first refusal to use unoccupied space in the Building to
meet the needs of the judicial branch.
(d) Lease by Architect
(1) Authority to lease.--Subject to approval by the
Committees on Appropriations of the House of Representatives
and the Senate, the House Office Building Commission, and
the Committee on Rules and Administration of the Senate, the
Architect may lease and occupy not more than 75,000 square
feet of space in the Building.
(2) Payments.--Payments under the lease shall be made on
vouchers the Architect approves. Necessary amounts may be
appropriated--
(A) to the Architect to carry out this
subsection, including amounts for acquiring and
installing furniture and furnishings; and
(B) to the Sergeant at Arms of the Senate to
plan for, acquire, and install
telecommunications equipment and services for
the Architect with respect to space leased under
this subsection.
(e) Subleased Space
(1) Rental rate.--Space subleased by the Architect under
subsection (a)(3) is subject to reimbursement at a rate
which is comparable to prevailing rental rates for similar
facilities in the area but not less than the rate
established under section 6504(b)(2) of this title plus an
amount the Architect and the person subleasing the space
agree is necessary to pay each year for the cost of
administering the Building (including the cost of operation,
maintenance, rehabilitation, security, and structural,
mechanical, and domestic care) that is attributable to the
space.
(2) Limitation.--A sublease under subsection (a)(3) must
be compatible with the dignity and functions of the judicial
branch offices housed in the Building and must not unduly
interfere with the activities and operations of the judicial
branch agencies housed in the Building. Sections 5104(c) and
5108 of this title do not apply to any space in the Building
and other improvements subleased to a non-Government tenant
under subsection (a)(3).
(3) Collection of rent.--The Architect shall collect
rent for space subleased under subsection (a)(3).
(f) Deposit of Rent and Reimbursements
Amounts received under subsection (a)(3) (including
lease payments and reimbursements) shall be deposited in the
account described in section 6507 of this title.
1121 Sec. 6507. Account in Treasury
(a) Establishment and Contents of Separate Account
There is a separate account in the Treasury. The account
includes all amounts deposited in the account under section
6506(f) of this title and amounts appropriated to the
account. However, the appropriated amounts may not be more
than $2,000,000.
[[Page 884]]
(b) Use of Amounts
Amounts in the account are available to the Architect of
the Capitol--
(1) for paying expenses for structural, mechanical, and
domestic care, maintenance, operation, and utilities of the
Thurgood Marshall Federal Judiciary Building and other
improvements constructed under this chapter;
(2) for reimbursing the United States Capitol Police for
expenses incurred in providing exterior security for the
Building and other improvements;
(3) for making lease payments under section 6504 of this
title; and
(4) for necessary personnel (including consultants).
Chapter 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE
WORKS
1122 Sec. 8901. Purposes
The purposes of this chapter are--
(1) to preserve the integrity of the comprehensive
design of the L'Enfant and McMillan plans for the Nation's
Capital;
(2) to ensure the continued public use and enjoyment of
open space in the District of Columbia;
(3) to preserve, protect and maintain the limited amount
of open space available to residents of, and visitors to,
the Nation's Capital; and
(4) to ensure that future commemorative works in areas
administered by the National Park Service and the
Administrator of General Services in the District of
Columbia and its environs--
(A) are appropriately designed, constructed,
and located; and
(B) reflect a consensus of the lasting
national significance of the subjects involved.
1123 Sec. 8902. Definitions and nonapplication
(a) Definitions
In this chapter, the following definitions apply:
(1) Commemorative work.--The term ``commemorative
work''--
(A) means any statue, monument, sculpture,
memorial, plaque, inscription, or other
structure or landscape feature, including a
garden or memorial grove, designed to perpetuate
in a permanent manner the memory of an
individual, group, event or other significant
element of American history; but
(B) does not include an item described in
subclause (A) that is located within the
interior of a structure or a structure which is
primarily used for other purposes.
(2) Person.--The term ``person'' means--
(A) a public agency; and
(B) an individual, group or organization--
(i) described in section 501(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)) and exempt from tax under section
501(a) of the Code (26 U.S.C. 501(a)); and
(ii) authorized by Congress to establish
a commemorative work in the District of
Columbia and its environs.
(3) The District of Columbia and its environs.--The term
``the District of Columbia and its environs'' means land and
property located in Areas
[[Page 885]]
I and II as depicted on the map numbered 869/86501, and
dated May 1, 1986, that the National Park Service and the
Administrator of General Services administer.
(b) Nonapplication
This chapter does not apply to commemorative works
authorized by a law enacted before January 3, 1985.
1124 Sec. 8903. Congressional authorization of commemorative
works
(a) In General
Commemorative works--
(1) may be established on federal lands
referred to in section 8901(4) of this title
only as specifically authorized by law; and
(2) are subject to applicable provisions of
this chapter.
(b) Military Commemorative Works
A military commemorative work may be authorized only to
commemorate a war or similar major military conflict or a
branch of the armed forces. A commemorative work
commemorating a lesser conflict or a unit of an armed force
may not be authorized. Commemorative works to a war or
similar major military conflict may not be authorized until
at least 10 years after the officially designated end of the
event.
(c) Works Commemorating Events, Individuals, or Groups
A commemorative work commemorating an event, individual,
or group of individuals, except a military commemorative
work as described in subsection (b), may not be authorized
until after the 25th anniversary of the event, death of the
individual, or death of the last surviving member of the
group.
(d) Consultation With National Capital Memorial Commission
In considering legislation authorizing commemorative
works in the District of Columbia and its environs, the
Committee on House Administration of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate shall solicit the views of the
National Capital Memorial Commission.
(e) Expiration of Legislative Authority
Legislative authority for a commemorative work expires
at the end of the seven-year period beginning on the date
the authority is enacted unless the Secretary of the
Interior or Administrator of General Services, as
appropriate, has issued a construction permit for the
commemorative work during that period.
1125 Sec. 8904. National Capital Memorial Commission
(a) Establishment and Composition
There is a National Capital Memorial Commission. The
membership of the Commission consists of--
(1) the Director of the National Park
Service;
(2) the Architect of the Capitol;
(3) the Chairman of the American Battle
Monuments Commission;
(4) the Chairman of the Commission of Fine
Arts;
(5) the Chairman of the National Capital
Planning Commission;
(6) the Mayor of the District of Columbia;
[[Page 886]]
(7) the Commissioner of the Public Buildings
Service of the General Services Administration;
and
(8) the Secretary of Defense.
(b) Chairman
The Director is the Chairman of the National Capital
Memorial Commission.
(c) Advisory Role
The National Capital Memorial Commission shall advise
the Secretary of the Interior and the Administrator of
General Services on policy and procedures for establishment
of, and proposals to establish, commemorative works in the
District of Columbia and its environs and on other matters
concerning commemorative works in the Nation's Capital as
the Commission considers appropriate.
(d) Meetings
The National Capital Memorial Commission shall meet at
least twice annually.
1126 Sec. 8905. Site and design approval
(a) Consultation on, and Submission of, Proposals
A person authorized by law to establish a commemorative
work in the District of Columbia and its environs may
request a permit for construction of the commemorative work
only after the following requirements are met:
(1) Consultation.--The person must consult
with the National Capital Memorial Commission
regarding the selection of alternative sites and
designs for the commemorative work.
(2) Submittal.--Following consultation in
accordance with clause (1), the Secretary of the
Interior or the Administrator of General
Services, as appropriate, must submit, on behalf
of the person, site and design proposals to the
Commission of Fine Arts and the National Capital
Planning Commission for their approval.
(b) Decision Criteria
In considering site and design proposals, the Commission
of Fine Arts, National Capital Planning Commission,
Secretary, and Administrator shall be guided by, but not
limited by, the following criteria:
(1) Surroundings.--To the maximum extent
possible, a commemorative work shall be located
in surroundings that are relevant to the subject
of the work.
(2) Location.--A commemorative work shall be
located so that--
(A) it does not interfere with, or
encroach on, an existing commemorative work;
and
(B) to the maximum extent practicable,
it protects open space and existing public
use.
(3) Material.--A commemorative work shall be
constructed of durable material suitable to the
outdoor environment.
(4) Landscape features.--Landscape features
of commemorative works shall be compatible with
the climate.
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1127 Sec. 8906. Criteria for issuance of construction permit
(a) Criteria for Issuing Permit
Before issuing a permit for the construction of a
commemorative work in the District of Columbia and its
environs, the Secretary of the Interior or Administrator of
General Services, as appropriate, shall determine that--
(1) the site and design have been approved
by the Secretary or Administrator, the National
Capital Planning Commission and the Commission
of Fine Arts;
(2) knowledgeable individuals qualified in
the field of preservation and maintenance have
been consulted to determine structural soundness
and durability of the commemorative work and to
ensure that the commemorative work meets high
professional standards;
(3) the person authorized to construct the
commemorative work has submitted contract
documents for construction of the commemorative
work to the Secretary or Administrator; and
(4) the person authorized to construct the
commemorative work has available sufficient
amounts to complete construction of the project.
(b) Donation for Perpetual Maintenance and Preservation
(1) Amount.--In addition to the criteria described in
subsection (a), a construction permit may not be issued
unless the person authorized to construct the commemorative
work has donated an amount equal to 10 percent of the total
estimated cost of construction to offset the costs of
perpetual maintenance and preservation of the commemorative
work. The amounts shall be credited to a separate account in
the Treasury.
(2) Availability.--The Secretary of the Treasury shall
make any part of the donated amount available to the
Secretary of the Interior or Administrator for maintenance
at the request of the Secretary of the Interior or
Administrator. The Secretary of the Interior or
Administrator shall not request more from the separate
account than the total amount deposited by persons
establishing commemorative works in areas the Secretary of
the Interior or Administrator administers.
(3) Inventory of available amounts.--The Secretary of
the Interior and Administrator shall maintain an inventory
of amounts available under this subsection. The amounts are
not subject to annual appropriations.
(4) Nonapplicability.--This subsection does not apply
when a department or agency of the Federal Government
constructs the work and less than 50 percent of the funding
for the work is provided by private sources.
(c) Suspension for Misrepresentation in Fundraising
The Secretary of the Interior or Administrator may
suspend any activity under this chapter that relates to the
establishment of a commemorative work if the Secretary or
Administrator determines that fundraising efforts relating
to the work have misrepresented an affiliation with the work
or the Federal Government.
[[Page 888]]
(d) Annual Report
The person authorized to construct a commemorative work
under this chapter must submit to the Secretary of the
Interior or Administrator an annual report of operations,
including financial statements audited by an independent
certified public accountant. The person shall pay for the
report.
1128 Sec. 8907. Temporary site designation
(a) Criterion for Designation
If the Secretary of the Interior, in consultation with
the National Capital Memorial Commission, determines that a
site where commemorative works may be displayed on a
temporary basis is necessary to aid in the preservation of
the limited amount of open space available to residents of,
and visitors to, the Nation's Capital, a site may be
designated on land the Secretary administers in the District
of Columbia.
(b) Plan
A designation may be made under subsection (a) only if,
at least 120 days before the designation, the Secretary, in
consultation with the Commission, prepares and submits to
Congress a plan for the site. The plan shall include
specifications for the location, construction, and
administration of the site and criteria for displaying
commemorative works at the site.
(c) Risk and Agreement To Indemnify
A commemorative work displayed at the site shall be
installed, maintained, and removed at the sole expense and
risk of the person authorized to display the work. The
person shall agree to indemnify the United States for any
liability arising from the display of the commemorative work
under this section.
1129 Sec. 8908. Areas I and II
(a) Availability of Map
The Secretary of the Interior and Administrator of
General Services shall make available, for public inspection
at appropriate offices of the National Park Service and the
General Services Administration, the map numbered 869/86501,
and dated May 1, 1986.
(b) Specific Conditions Applicable to Area I and Area II
(1) Area I.--After seeking the advice of the National
Capital Memorial Commission, the Secretary or Administrator,
as appropriate, may recommend the location of a
commemorative work in Area I only if the Secretary or
Administrator decides that the subject of the commemorative
work is of preeminent historical and lasting significance to
the United States. The Secretary or Administrator shall
notify the Commission, the Committee on House Administration
of the House of Representatives, and the Committee on Energy
and Natural Resources of the Senate of the recommendation
that a commemorative work should be located in Area I. The
location of a commemorative work in Area I is deemed to be
authorized only if the recommendation is approved by law not
later than 150 calendar days after the notification.
(2) Area II.--Commemorative works of subjects of lasting
historical significance to the American people may be
located in Area II.
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1130 Sec. 8909. Administrative
(a) Maintenance of Documentation of Design and Construction
Complete documentation of design and construction of
each commemorative work located in the District of Columbia
and its environs shall be provided to the Secretary of the
Interior or Administrator of General Services, as
appropriate, and shall be permanently maintained in the
manner provided by law.
(b) Responsibility for Maintenance of Completed Work
On completion of any commemorative work in the District
of Columbia and its environs, the Secretary or
Administrator, as appropriate, shall assume responsibility
for maintaining the work.
(c) Regulations or Standards
The Secretary and Administrator shall prescribe
appropriate regulations or standards to carry out this
chapter.
41 u.s.c.--public contracts
general and permanent laws relating to the senate