CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS
Title 40 > CHAPTER 51
Sections (22)
§ 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) 1 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. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1174 ; Pub. L. 108–7, div. H, title I, § 1016(a) , Feb. 20, 2003 , 117 Stat. 364 ; Pub. L. 110–161, div. H, title I, § 1004(d)(2)(A)(i) , Dec. 26, 2007 , 121 Stat. 2233 ; Pub. L. 110–178, § 4(b)(1)(A) , Jan. 7, 2008 , 121 Stat. 2551 ; Pub. L. 111–145, § 6(d)(1) , Mar. 4, 2010 , 124 Stat. 54 .)
§ 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.— 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. The Mayor of the District of Columbia is responsible for the maintenance and improvement of those portions of the following streets which are situated between the curblines of those streets: Constitution Avenue from Second Street Northeast to Third Street Northwest, First Street from D Street Northeast to D Street Southeast, D Street from First Street Southeast to Washington Avenue Southwest, and First Street from the north side of Louisiana Avenue to the intersection of C Street and Washington Avenue Southwest, Pennsylvania Avenue Northwest from First Street Northwest to Third Street Northwest, Maryland Avenue Southwest from First Street Southwest to Third Street Southwest, Second Street Northeast from F Street Northeast to C Street Southeast; C Street Southeast from Second Street Southeast to First Street Southeast; that portion of Maryland Avenue Northeast from Second Street Northeast to First Street Northeast; that portion of New Jersey Avenue Northwest from D Street Northwest to Louisiana Avenue; that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; that portion of Washington Avenue Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street. 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.— Except as provided under paragraph (2), the United States Capitol Grounds shall include— the National Garden of the United States Botanic Garden; all grounds contiguous to the Administrative Building of the United States Botanic Garden, including Bartholdi Park; and 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. 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. 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 ). 1
(d) Library of Congress Buildings and Grounds.— 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 2 of the Library of Congress”, approved August 4, 1950 ( 2 U.S.C. 167j ). 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 ).
“SEC. 201 TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN PROPERTIES.
(“(a) Transfer of Administrative Jurisdiction From District of Columbia to United States.— Administrative jurisdiction over each of the following properties (owned by the United States and as depicted on the Map) is hereby transferred, subject to the terms in this subsection, from the District of Columbia to the Secretary of the Interior for administration by the Director: An unimproved portion of Audubon Terrace Northwest, located east of Linnean Avenue Northwest, that is within U.S. Reservation 402 (National Park Service property). An unimproved portion of Barnaby Street Northwest, north of Aberfoyle Place Northwest, that abuts U.S. Reservation 545 (National Park Service property). A portion of Canal Street Southwest, and a portion of V Street Southwest, each of which abuts U.S. Reservation 467 (National Park Service property). Unimproved streets and alleys at Fort Circle Park located within the boundaries of U.S. Reservation 497 (National Park Service property). An unimproved portion of Western Avenue Northwest, north of Oregon Avenue Northwest, that abuts U.S. Reservation 339 (National Park Service property). An unimproved portion of 17th Street Northwest, south of Shepherd Street Northwest, that abuts U.S. Reservation 339 (National Park Service property). An unimproved portion of 30th Street Northwest, north of Broad Branch Road Northwest, that is within the boundaries of U.S. Reservation 515 (National Park Service property). Subject to paragraph (2), lands over I–395 bounded by Washington Avenue Southwest, 2nd Street Southwest, and the C Street Southwest ramps to I–295. A portion of U.S. Reservation 357 at Whitehaven Parkway Northwest, previously transferred to the District of Columbia in conjunction with the former proposal for a residence for the Mayor of the District of Columbia. In the case of the property for which administrative jurisdiction is transferred under paragraph (1)(H), the property shall be used as the site for the establishment of a memorial to honor disabled veterans of the United States Armed Forces authorized to be established by the Disabled Veterans’ LIFE Memorial Foundation by Public Law 106–348 ( 114 Stat. 1358 ; 40 U.S.C. 8903 note), except that— the District of Columbia shall retain administrative jurisdiction over the subsurface area beneath the site for the tunnel, walls, footings, and related facilities; C Street Southwest shall not be connected between 2nd Street Southwest and Washington Avenue Southwest without the approval of the Architect of the Capitol; and a walkway shall be included across the site of the memorial between 2nd Street Southwest and Washington Avenue Southwest. Administrative jurisdiction over the parcel bounded by 2nd Street Southwest, the C Street Southwest ramp to I–295, the D Street Southwest ramp to I–395, and I–295 is hereby transferred, subject to the terms in this paragraph, from the District of Columbia as follows: The northernmost .249 acres is transferred to the Secretary for administration by the Director, who (subject to the approval of the Architect of the Capitol) shall landscape the parcel or use the parcel for special needs parking for the memorial referred to in paragraph (2). The remaining portion is transferred to the Architect of the Capitol. The District of Columbia shall retain administrative jurisdiction over the subsurface area beneath the parcel referred to in subparagraph (A) for the tunnel, walls, footings, and related facilities.
(“(b) Transfer of Administrative Jurisdiction From United States to District of Columbia.— Administrative jurisdiction over the following property owned by the United States and depicted on the Map is hereby transferred from the Secretary to the District of Columbia for administration by the District of Columbia: A portion of U.S. Reservation 451. A portion of U.S. Reservation 404. U.S. Reservations 44, 45, 46, 47, 48, and 49. U.S. Reservation 251. U.S. Reservation 8. U.S. Reservations 277A and 277C. Portions of U.S. Reservation 470.
(“(c) Effective Date.— The transfers of administrative jurisdiction under this section shall take effect on the date of the enactment of this Act [ Dec. 15, 2006 ].
“SEC. 204 CONVEYANCE TO ARCHITECT OF THE CAPITOL.
(“(a) In General.— Prior to conveyance of title to U.S. Reservation 13 to the District of Columbia under this Act [see Pub. L. 109–396, title I, § 101 , Dec. 15, 2006 , 120 Stat. 2711 ], the District of Columbia shall convey, with the approval of the Architect of the Capitol and subject to subsections (b) and (c), not more than 12 acres of real property to the Architect of the Capitol.
(“(b) Title Held by Secretary.— If title to the real property identified for conveyance under subsection (a) is held by the Secretary, not later than 30 days after being notified by the Architect of the Capitol that property has been so identified, the Secretary shall agree or disagree to conveying the interest in such property to the Architect of the Capitol.
(“(c) Review.— If the Secretary agrees to the conveyance under subsection (b), or if title to the property is held by the District of Columbia, the real property shall be conveyed after a 30-day review period beginning on the date on which notice of the conveyance is received by the Committee on Homeland Security and Governmental Affairs and the Committee on Rules of the Senate and the Committee on Government Reform [now Committee on Oversight and Accountability] and the Committee on Transportation and Infrastructure of the House of Representatives.
(“(d) Study.— The Architect of the Capitol shall not construct a mail screening facility on any real property conveyed under this section unless each of the following conditions is satisfied: A study is completed that analyzes— whether one or more other underutilized, surplus, or excess Federal facilities exist in which such a mail screening facility could be more economically located; and whether it would be more efficient and economical for the House of Representatives and Senate to share one mail screening facility. The study is submitted to the relevant committees of Congress. No fewer than 30 days have lapsed since the date of the submission under paragraph (2).
“SEC. 401 DEFINITIONS.
“In this Act [see Short Title of 2006 Amendment note set out under section 101 of this title ], the following definitions apply: The term ‘Administrator’ means the Administrator of General Services. The term ‘Director’ means the Director of the National Park Service. The term ‘Map’ means the map entitled ‘Transfer and Conveyance of Properties in the District of Columbia’, numbered 869/80460, and dated July 2005, which shall be kept on file in the appropriate office of the National Park Service. The term ‘park purposes’ includes landscaped areas, pedestrian walkways, bicycle trails, seating, opensided shelters, natural areas, recreational use areas, and memorial sites reserved for public use. The term ‘Secretary’ means the Secretary of the Interior.
“SEC. 402 LIMITATION ON COSTS.
“The United States shall not be responsible for paying any costs and expenses, other than costs and expenses related to or associated with environmental liabilities or cleanup actions provided under law, which are incurred by the District of Columbia or any other parties at any time in connection with effecting the provisions of this Act or any amendment made by this Act.
“SEC. 403 AUTHORIZATION OF PARTIES TO ENTER INTO CONTRACTS.
“An officer or employee of the United States or the District of Columbia may contract for payment of costs or expenses related to any properties which are conveyed or for which administrative jurisdiction is transferred under this Act or any amendment made by this Act.
“SEC. 404 NO EFFECT ON COMPLIANCE WITH ENVIRONMENTAL LAWS.
“Nothing in this Act or any amendment made by this Act may be construed to affect or limit the application of or obligation to comply with any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ).
“SEC. 405 CONGRESSIONAL REPORTS.
(“(a) District of Columbia.— Not later than January 31 of each year, the Mayor of the District of Columbia shall report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform [now Committee on Oversight and Accountability], the Committee on Energy and Commerce, the Committee on Resources, and the Committee on Transportation and Infrastructure of the House of Representatives on the use and development during the previous year of land for which title is conveyed to the District of Columbia and land for which administrative jurisdiction is transferred to the District of Columbia pursuant to this Act.
(“(b) Comptroller General.— The Comptroller General shall report periodically to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform [now Committee on Oversight and Accountability], the Committee on Energy and Commerce, the Committee on Resources, and the Committee on Transportation and Infrastructure of the House of Representatives on— the use and development during the previous 2 years of land for which title is conveyed and land for which administrative jurisdiction is transferred pursuant to this Act; and if applicable, how such use and development complies with the Anacostia Waterfront Framework Plan referred to in section 103 of the Anacostia Waterfront Corporation Act of 2004 (sec. 2–1223.03, D.C. Official Code).
(“(c) Sunset.— This section shall expire 10 years after the date of enactment of this Act [ Dec. 15, 2006 ].
“SEC. 406 TREATMENT AS PROPERTIES TRANSFERRED TO ARCHITECT OF THE CAPITOL AS PART OF CAPITOL BUILDINGS AND GROUNDS.
“Upon transfer to the Architect of the Capitol of title to, or administrative jurisdiction over, any property pursuant to this Act, the property shall be a part of the United States Capitol Grounds and shall be subject to sections 9, 9A, 9B, 9C, 14, and 16(b) of the Act entitled ‘An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes’ [ 2 U.S.C. 1961 , 1966, 1967, 1922, 1969, 1961 note] (relating to the policing of the United States Capitol Grounds) and sections 5101 to 5107 and 5109 of title 40, United States Code (relating to prohibited acts within the United States Capitol Grounds).
“SEC. 407 DEADLINE FOR PROVISION OF DEEDS AND RELATED DOCUMENTS.
“With respect to each property conveyed under this Act or any amendment made by this Act, the Mayor of the District of Columbia, the Administrator, or the Secretary (as the case may be) shall execute and deliver a quitclaim deed or prepare and record a transfer plat, as appropriate, not later than 6 months after the property is conveyed.”
“Sec. 7
(a) The Architect of the Capitol, under the direction of the House Office Building Commission, is hereby authorized to acquire, on behalf of the United States, by purchase, condemnation, transfer, or otherwise, for addition to the United States Capitol Grounds, all publicly or privately owned property contained in lot 49 in square 582; lot 70 in square 640; and lots 1, 2, 67, 79, 80, 800, 801, 807, 814 through 822, and 834 in square 693 in the District of Columbia (including all alleys or parts of alleys and streets within the lotlines and curblines surrounding such real property): Provided , That upon the acquisition of any such real property by the Architect of the Capitol on behalf of the United States, such property shall be subject to the provisions of the Act of July 31, 1946 ( 60 Stat. 718 ) [ 2 U.S.C. 1922 , 1961, 1966, 1967, 1969; 40 U.S.C. 5101–510 7, 5109, see References in Text note under section 1819 of Title 2 , The Congress] as amended in the same manner and to the same extent as all other areas comprising the United States Capitol Grounds.
(“(b) For the purposes of this section the properties authorized to be acquired hereunder, shall be deemed to extend to the outer face of the curbs of the squares in which they are located.
(“(c) There is hereby authorized to be appropriated to the Architect of the Capitol for the fiscal year ending September 30, 1981 , the sum of $11,500,000 for the purpose of carrying out the provisions of this section, said appropriation to remain available until expended.
“Sec. 8
The acquisition of real property under this Act [enacting section 1962 of Title 2 , amending section 193a of former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as notes under this section] shall be conducted in accordance with the Act entitled ‘Uniform Relocation Assistance and Land Acquisition Policies Act of 1970’, Public Law 91–646 , approved January 2, 1971 [ 42 U.S.C. 4601 et seq.], and any proceeding for condemnation brought in its course shall be conducted in accordance with the Act entitled ‘An Act to provide for the acquisition of land in the District of Columbia for the use of the United States’, approved March 1, 1929 (16 D.C. Code, secs. 1351–1368).
“Sec. 9
The Architect of the Capitol is authorized to enter into contracts and to make expenditures for grading and paving and such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of section 7 of this Act.
“Sec. 10
Any contract entered into pursuant to this Act or pursuant to any amendment made by this Act shall be effective only to such extent and in such amounts as may be provided in advance in an appropriation Act.”
§ 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. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1176 .)
§ 5104 Unlawful activities
(a) Definitions.— In this section— The term “act of physical violence” means any act involving— an assault or other infliction or threat of infliction of death or bodily harm on an individual; or damage to, or destruction of, real or personal property. The term “dangerous weapon” includes— all articles enumerated in section 14(a) of the Act of July 8, 1932 (ch. 465, 47 Stat. 654 ); and 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. The term “explosives” has the meaning given that term in section 841(d) of title 18 . The term “firearm” has the meaning given that term in section 921(3) 1 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: offer or expose any article for sale. display a sign, placard, or other form of advertisement. 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.— An individual or group of individuals— except as authorized by regulations prescribed by the Capitol Police Board— 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; 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 may not transport on the Grounds or in any of the Capitol Buildings explosives or an incendiary device; or may not knowingly, with force and violence, enter or remain on the floor of either House of Congress. An individual or group of individuals may not willfully and knowingly— 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; 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; 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; or the Library of Congress; 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; obstruct, or impede passage through or within, the Grounds or any of the Capitol Buildings; engage in an act of physical violence in the Grounds or any of the Capitol Buildings; or parade, demonstrate, or picket in any of the Capitol Buildings. This subsection does not prohibit any act performed in the lawful discharge of official duties by— a Member of Congress; an employee of a Member of Congress; an officer or employee of Congress or a committee of Congress; or 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— parade, stand, or move in processions or assemblages in the Grounds; or display in the Grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement.
§ 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. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1178 .)
§ 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).
§ 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. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1178 ; Pub. L. 108–178, § 3(2) , Dec. 15, 2003 , 117 Stat. 2640 .)
§ 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. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1178 .)
§ 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.— 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. An action under this section for a violation of— 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 any other section referred to in subsection (a) may be brought in the Superior Court of the District of Columbia. 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.