US (United States) Code. Title 40. Subtitle II. Part B. Chapter 51: US (United States) Capitol Buildings and Grounds

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public buildings, property and works

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-CITE-

40 USC CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND

GROUNDS 01/06/03

-EXPCITE-

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

-HEAD-

CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS

-MISC1-

Sec.

5101. Definition.

5102. Legal description and jurisdiction of United States

Capitol Grounds.

5103. Restrictions on public use of United States Capitol

Grounds.

5104. Unlawful activities.

5105. Assistance to authorities by Capitol employees.

5106. Suspension of prohibitions.

5107. Concerts on grounds.

5108. Audit of private organizations.

5109. Penalties.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 8501 of this title.

-End-

-CITE-

40 USC Sec. 5101 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5101. Definition

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5101 40:193m(1). 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.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8501, 8502, 8711, 8712 of

this title; title 2 sections 1819, 1941, 1961, 1970, 2021, 2161.

-End-

-CITE-

40 USC Sec. 5102 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5102. Legal description and jurisdiction of United States

Capitol Grounds

-STATUTE-

(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 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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1175.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5102 40:193a. July 31, 1946, ch. 707, Sec.

1, 60 Stat. 718; Pub. L.

90-108, Sec. 1(a), Oct. 20,

1967, 81 Stat. 275; Pub. L.

93-198, Sec. 739(g)(7), Dec.

24, 1973, 87 Stat. 829; Pub.

L. 96-432, Sec. 2, Oct. 10,

1980, 94 Stat. 1852.

--------------------------------------------------------------------

In subsection (b)(2), the words "Mayor of the District of

Columbia" are substituted for "Commissioners of the District of

Columbia" [meaning the Board of Commissioners of the District of

Columbia] [subsequently changed to "Commissioner of the District of

Columbia" because of section 401 of Reorganization Plan No. 3 of

1967 (eff. Aug. 11, 1967, 81 Stat. 951)] because of section 421 of

the District of Columbia Home Rule Act (Public Law 93-198, 87 Stat.

789). In subparagraph (A), the words "Washington Avenue Southwest"

are substituted for "Canal Street S. W." and "Canal Street

Southwest" because of section 2 of D.C. Law 8-39. See section 7-451

note of the District of Columbia Code.

CHANGES IN UNITED STATES CAPITOL GROUNDS

Pub. L. 104-333, div. I, title V, Sec. 514, Nov. 12, 1996, 110

Stat. 4165, provided that:

"(a) Purpose. - It is the purpose of this section -

"(1) to assist in the effort to timely establish within the

District of Columbia a national memorial to Japanese American

patriotism in World War II; and

"(2) to improve management of certain parcels of Federal real

property located within the District of Columbia,

by the transferring jurisdiction over such parcels to the Architect

of the Capitol, the Secretary of the Interior, and the Government

of the District of Columbia.

"(b) Transfers of Jurisdiction. -

"(1) In general. - Effective on the date of the enactment of

this Act [Nov. 12, 1996] and notwithstanding any other provision

of law, jurisdiction over the parcels of Federal real property

described in paragraph (2) is transferred without additional

consideration as provided by paragraph (2).

"(2) Specific transfers. -

"(A) Transfers to secretary of the interior. -

"(i) In general. - Jurisdiction over the following parcels

is transferred to the Secretary of the Interior:

"(I) That triangle of Federal land, including any contiguous

sidewalks and tree space, that is part of the United States

Capitol Grounds under the jurisdiction of the Architect of

the Capitol bound by D Street, N.W., New Jersey Avenue, N.W.,

and Louisiana Avenue, N.W., in square W632 in the District of

Columbia, as shown on the Map Showing Properties Under

Jurisdiction of the Architect of the Capitol, dated November

8, 1994.

"(II) That triangle of Federal land, including any contiguous

sidewalks and tree space, that is part of the United States

Capitol Grounds under the jurisdiction of the Architect of

the Capitol bound by C Street, N.W., First Street, N.W., and

Louisiana Avenue, N.W., in the District of Columbia, as shown

on the Map Showing Properties Under Jurisdiction of the

Architect of the Capitol, dated November 8, 1994.

"(ii) Limitation. - The parcels transferred by clause (i)

shall not include those contiguous sidewalks abutting

Louisiana Avenue, N.W., which shall remain part of the United

States Capitol Grounds under the jurisdiction of the

Architect of the Capitol.

"(iii) Consideration as memorial site. - The parcels

transferred by subclause (I) of clause (i) may be considered

as a site for a national memorial to Japanese American

patriotism in World War II.

"(B) Transfers to architect of the capitol. - Jurisdiction

over the following parcels is transferred to the Architect of

the Capitol:

"(i) That portion of the triangle of Federal land in

Reservation No. 204 in the District of Columbia under the

jurisdiction of the Secretary of the Interior, including any

contiguous sidewalks, bound by Constitution Avenue, N.E., on

the north, the branch of Maryland Avenue, N.E., running in a

northeast direction on the west, the major portion of

Maryland Avenue, N.E., on the south, and 2nd Street, N.E., on

the east, including the contiguous sidewalks.

"(ii) That irregular area of Federal land in Reservation

No. 204 in the District of Columbia under the jurisdiction of

the Secretary of the Interior, including any contiguous

sidewalks, northeast of the real property described in clause

(i) bound by Constitution Avenue, N.E., on the north, the

branch of Maryland Avenue, N.E., running to the northeast on

the south, and the private property on the west known as lot

7, in square 726.

"(iii) The two irregularly shaped medians lying north and

east of the property described in clause (i), located between

the north and south curbs of Constitution Avenue, N.E., west

of its intersection with Second Street, N.E., all as shown in

Land Record No. 268, dated November 22, 1957, in the Office

of the Surveyor, District of Columbia, in Book 138, Page 58.

"(iv) All sidewalks under the jurisdiction of the District

of Columbia abutting on and contiguous to the land described

in clauses (i), (ii), and (iii).

"(C) Transfers to district of columbia. - Jurisdiction over

the following parcels is transferred to the Government of the

District of Columbia:

"(i) That portion of New Jersey Avenue, N.W., between the

northernmost point of the intersection of New Jersey Avenue,

N.W., and D Street, N.W., and the northernmost point of the

intersection of New Jersey Avenue, N.W., and Louisiana

Avenue, N.W., between squares 631 and W632, which remains

Federal property.

"(ii) That portion of D Street, N.W., between its

intersection with New Jersey Avenue, N.W., and its

intersection with Louisiana Avenue, N.W., between squares 630

and W632, which remains Federal property.

"(c) Miscellaneous. -

"(1) Compliance with other laws. - Compliance with this section

shall be deemed to satisfy the requirements of all laws otherwise

applicable to transfers of jurisdiction over parcels of Federal

real property.

"(2) Law enforcement responsibility. - Law enforcement

responsibility for the parcels of Federal real property for which

jurisdiction is transferred by subsection (b) shall be assumed by

the person acquiring such jurisdiction.

"(3) United states capitol grounds. -

"(A) Definition. - The first section of the Act entitled 'An

Act to define the United States Capitol Grounds, to regulate

the use thereof, and for other purposes', approved July 31,

1946 (40 U.S.C. 193a) [now 40 U.S.C. 5102], is amended to

include within the definition of the United States Capitol

Grounds the parcels of Federal real property described in

subsection (b)(2)(B).

"(B) Jurisdiction of capitol police. - The United States

Capitol Police shall have jurisdiction over the parcels of

Federal real property described in subsection (b)(2)(B) in

accordance with section 9 of such Act of July 31, 1946 (40

U.S.C. 212a) [now 2 U.S.C. 1961].

"(4) Effect of transfers. - A person relinquishing jurisdiction

over a parcel of Federal real property transferred by subsection

(b) shall not retain any interest in the parcel except as

specifically provided by this section."

Pub. L. 97-379, Dec. 22, 1982, 96 Stat. 1935, provided: "That

section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a)

[now 40 U.S.C. 5102], is amended to include within the definition

of the United States Capitol Grounds the following additional areas

which are situated as follows:

"(1) All sidewalks and contiguous areas presently under the

jurisdiction of the District of Columbia located on the south side

of Pennsylvania Avenue, Northwest, between the west curb of First

Street, Northwest and the east curb of Third Street, Northwest.

"(2) All sidewalks and contiguous areas presently under the

jurisdiction of the District of Columbia located on the north side

of Maryland Avenue, Southwest, between the west curb of First

Street, Southwest and the east curb of Third Street, Southwest.

"(3) All sidewalks and contiguous areas presently under the

jurisdiction of the District of Columbia located on the west side

of First Street between the south curb of Pennsylvania Avenue,

Northwest and the north curb of Maryland Avenue, Southwest.

"(4) All sidewalks and contiguous areas presently under the

jurisdiction of the District of Columbia located on the east side

of Third Street between the south curb of Pennsylvania Avenue,

Northwest and the north curb of Maryland Avenue, Southwest."

Pub. L. 96-432, Sec. 1, Oct. 10, 1980, 94 Stat. 1851, provided:

"That section 1 of the Act of July 31, 1946, as amended (40 U.S.C.

193a) [now 40 U.S.C. 5102], is amended to include within the

definition of the United States Capitol Grounds the following

additional areas and portions of streets which are situated as

follows:

"(1) that portion of D Street Northeast from the east curb of

Second Street Northeast to the east curb of First Street Northeast;

"(2) that portion of Second Street Northeast and Southeast from

the south curb of F Street Northeast to the south curb of C Street

Southeast;

"(3) that portion of Constitution Avenue Northeast from the east

curb of Second Street Northeast to the east curb of First Street

Northeast;

"(4) that portion of Pennsylvania Avenue Northwest from the west

curb of First Street Northwest to the east curb of Third Street

Northwest;

"(5) that portion of Maryland Avenue Southwest from the west curb

of First Street Southwest to the east curb of Third Street

Southwest;

"(6) that portion of Constitution Avenue Northwest from the east

curb of Second Street Northwest to the east curb of Third Street

Northwest;

"(7) that portion of Independence Avenue Southwest from the west

curb of First Street Southwest to the east curb of Third Street

Southwest;

"(8) that portion of Maryland Avenue Northeast from the east curb

of Second Street Northeast to the east curb of First Street

Northeast;

"(9) that portion of East Capitol Street from the east curb of

Second Street Southeast to the east curb of First Street Southeast;

"(10) that portion of Independence Avenue Southeast from the east

curb of Second Street Southeast to the east curb of First Street

Southeast;

"(11) that portion of C Street Southeast from the east curb of

Second Street Southeast to the east curb of First Street Southeast;

"(12) that portion of North Capitol Street from the south curb of

Massachusetts Avenue to the north curb of Louisiana Avenue;

"(13) that portion of New Jersey Avenue Northwest from the north

curb of D Street Northwest to the north curb of Louisiana Avenue;

"(14) that portion of Second Street Southwest from the north curb

of D Street to the south curb of Virginia Avenue Southwest;

"(15) that portion of Virginia Avenue Southwest from the east

curb of Second Street Southwest to the west curb of Third Street

Southwest;

"(16) that portion of Third Street Southwest from the south curb

of Virginia Avenue Southwest to the north curb of D Street

Southwest;

"(17) that portion of D Street Southwest from the west curb of

Third Street Southwest to the east curb of Second Street Southwest;

"(18) that portion of Canal Street Southwest, including sidewalks

and traffic islands, from the south curb of Independence Avenue

Southwest to the west curb of South Capitol Street; and

"(19) all that area contiguous to, and surrounding, square

numbered 724 from the property line thereof to the contiguous curb;

"(20) those areas contiguous to, and surrounding, the areas

comprising the grounds of the United States Botanic Garden from the

property line of such grounds to the contiguous curb;

"(21) all that area contiguous to, and surrounding, the

structures comprising the United States Capitol Power Plant, from

the building lines of such structures to the contiguous curbs; and

"(22) all that area contiguous to, and surrounding, square

numbered 581 from the property line thereof to the contiguous

curb."

Pub. L. 93-198, title VII, Sec. 739(g)(3), Dec. 24, 1973, 87

Stat. 828, effective Jan. 2, 1975, [title IV of Pub. L. 93-198

having been accepted by a majority of the registered qualified

electors in the District of Columbia voting on the charter issue in

the charter referendum conducted May 8, 1974], provided in part

that the definition of United States Capitol Grounds should include

the following streets: Independence Avenue from the west curb of

First Street S.E. to the east curb of First Street S.W., New Jersey

Avenue S.E. from the south curb of Independence Avenue to the north

curb of D Street S.E., South Capitol Street from the south curb of

Independence Avenue to the north curb of D Street; Delaware Avenue

S.W. from the south curb of C Street S.W. to the North Curb of D

Street S.W., C Street from the west curb of First Street S.E. to

the intersection of First and Canal Streets, S.W., D Street from

the west curb of First Street S.E. to the intersection of Canal

Street and Delaware Avenue S.W., that part of First Street lying

west of the outer face of the curb of the sidewalk on the east side

thereof from D Street, N.E. to D Street S.E., that part of First

Street within the east and west curblines thereof extending from

the north side of Pennsylvania Avenue N.W. to the intersection of C

Street and Canal Street S.W., including the two circles within such

area, but that nothing in the inclusion of such streets should be

construed as repealing, or otherwise altering, modifying,

affecting, or superseding those provisions of law in effect prior

to the vesting of authority in the United States Supreme Court

police and Library of Congress police by title IV of Pub. L. 93-198

to make arrests in adjacent streets, including First Street N.E.

and First Street S.E.

JURISDICTION OF THE CAPITOL POLICE BOARD AND THE ARCHITECT OF THE

CAPITOL

Pub. L. 96-432, Sec. 3, Oct. 10, 1980, 94 Stat. 1852, provided

that: "On and after the effective date of this section [see Pub. L.

96-432, Sec. 4, Oct. 10, 1980, 94 Stat. 1853], that portion of C

Street Northeast from the west curb of Second Street Northeast to

the east curb of First Street Northeast shall be under the

exclusive jurisdiction and control of the Capitol Police Board and

the Architect of the Capitol in the same manner and to the same

extent as such Board or the Architect of the Capitol has over other

streets comprising the United States Capitol Grounds, and the

Architect of the Capitol shall be responsible for the maintenance

and improvement thereof."

UNITED STATES SUPREME COURT AND LIBRARY OF CONGRESS; JURISDICTIONAL

BOUNDARIES

Pub. L. 96-432, Sec. 6(a), (b), Oct. 10, 1980, 94 Stat. 1853,

provided that:

"(a) Notwithstanding any other provisions of this Act [enacting

section 1962 of Title 2, The Congress, amending section 193a of

former Title 40, Public Buildings, Property, and Works, and

enacting provisions set out as notes under this section], with

respect to those squares occupied by the United States Supreme

Court and the Library of Congress, those streets or portions

thereof referred to in the first section of this Act [set out as a

note above] which surround such squares shall be considered a part

of the Capitol Grounds only to the face of the curbs contiguous to

such squares.

"(b) Nothing in this Act shall be construed as repealing, or

otherwise altering, modifying, affecting, or superseding those

provisions of law in effect on the date immediately preceding the

date of the enactment of this Act [Oct. 10, 1980] vesting authority

in the United States Supreme Court Police and the Library of

Congress Police to make arrests in adjacent streets."

ARCHITECT OF THE CAPITOL; ACQUISITION OF ADDITIONAL PROPERTY

Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 64, provided in

part: "That upon acquisition of such real property pursuant to this

paragraph [incorporating by reference the provisions of Pub. L.

96-432, Oct. 10, 1980, 94 Stat. 1851, which related to the

acquisition of property in squares 693, 640, and 582 in the

District of Columbia], the structure located on lot 801 of square

693 shall become a part of the House Office Buildings, subject to

the provisions of the Act of July 31, 1946 (40 U.S.C. secs. 193a

through 193m, [207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2

U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109, see

References in Text note under section 1819 of Title 2, The

Congress], including any amendments thereto, which are applicable

to the Capitol Buildings, and to the Act of March 4, 1907 (40

U.S.C. 175) [now 2 U.S.C. 2001]."

Pub. L. 96-432, Secs. 7-10, Oct. 10, 1980, 94 Stat. 1853, 1854,

provided that:

"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. 5101-5107, 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."

ACQUISITION OF PROPERTY FOR ADDITIONS TO UNITED STATES CAPITOL

GROUNDS

Pub. L. 85-429, May 29, 1958, 72 Stat. 148 and Pub. L. 85-591,

Aug. 6, 1958, 72 Stat. 495, in part authorized the Architect of the

Capitol to acquire certain real property for additions to United

States Capitol Grounds.

ORDER OF THE HOUSE OFFICE BUILDING COMMISSION

OCTOBER 17, 1967

WHEREAS, under authority of Section 1202 of Public Law 24, 84th

Congress (69 Stat. 41), approved April 22, 1955, known as the

"Additional House Office Building Act of 1955", the Architect of

the Capitol, at the direction of the House Office Building

Commission, acquired during the period of 1955 to 1960, on behalf

of the United States, by condemnation, seven squares in the

District of Columbia, located south of Independence Avenue, in the

vicinity of the United States Capitol Grounds, as a site for an

additional office building and other necessary facilities for the

House of Representatives and for additions to the United States

Capitol Grounds;

WHEREAS, under the aforesaid authority, the Architect of the

Capitol, at the direction of the Commission, acquired in 1965 on

behalf of the United States, through transfer from the

Redevelopment Land Agency, Square 639, also located south of

Independence Avenue, for an addition to the United States Capitol

Grounds;

WHEREAS, the aforesaid eight squares are identified and bound as

follows: Square 635, bounded on the north by Independence Avenue,

on the east by Delaware Avenue, on the west by First Street, on the

south by C Street; Square 637, bounded on the north by C Street, on

the east by South Capitol Street, on the west by Delaware Avenue,

on the south by D Street; Square South of 635, bounded on the north

by C Street, on the east by Delaware Avenue, on the west and south

by Canal Street; Square 691, bounded on the north by C Street, on

the east by New Jersey Avenue, on the west by South Capitol Street,

on the south by D Street; Square 692, bounded on the north by C

Street, on the east by First Street, on the west by New Jersey

Avenue, on the south by D Street; Square 732 north, bounded on the

north by Independence Avenue, on the east by Second Street, on the

west by First Street, on the south by Carroll Street; Square 732

south, bounded on the north by Carroll Street, on the east by

Second Street, on the west by First Street, on the south by C

Street; and Square 639, bounded on the north by D Street, on the

east by South Capitol Street, on the west and south by Canal

Street;

WHEREAS, title to all real property in these 8 squares is now

vested in fee simple absolute in the United States of America;

WHEREAS, subsequent to acquisition of these 8 squares, under the

aforesaid authority, all alleys in these squares were closed and

vacated, as were also Delaware Avenue between Independence Avenue

and C Street and Carroll Street between First and Second Streets,

by the Commissioners of the District of Columbia, and all areas

between the property lines and outer faces of curbs surrounding

these squares and Square 636 were transferred from the jurisdiction

of the Commissioners of the District of Columbia to the

jurisdiction of the Architect of the Capitol;

WHEREAS, the Rayburn House Office Building has been constructed

on Squares 635 and 636 (the latter square being already owned by

the government and having been combined with Square 635 as a site

for this building under the aforesaid authority), and the said

building is now maintained by the Architect of the Capitol as a

part of the House Office Buildings, and the sidewalks and other

paved and grassed areas surrounding this building are now

maintained as part of the Capitol Grounds;

WHEREAS, underground garages for the House of Representatives

have been constructed in Squares 637 and 691 and are now maintained

by the Architect of the Capitol as part of the House Office

Buildings, and the areas above these garages have been landscaped

as a part of the Capitol Grounds;

WHEREAS, Squares South of 635 and 639 have been developed as

parking lots for automobiles for Members and employees of the House

and are now maintained as part of the Capitol Grounds;

WHEREAS, part of Square 692 is occupied by the Congressional

Hotel, acquired by the Architect of the Capitol under the aforesaid

authority and leased to the Knott Hotels Corporation for use as a

hotel, and the remainder of this square has been converted into a

parking lot for automobiles for Members and employees of the House

and is now maintained as a part of the Capitol Grounds;

WHEREAS, Squares 732 north and south were acquired as an addition

to the Capitol Grounds, are now maintained as part of the Capitol

Grounds, and will continue to be so maintained until such time as

required for construction thereon of the Library of Congress James

Madison Memorial Building, authorized by Public Law 89-260,

approved October 19, 1965;

WHEREAS, the aforesaid Additional House Office Building Act

provides, in pertinent part, with respect to these properties, as

follows:

"* * * At such time or times as may be fixed by order of the

House Office Building Commission, (1) any real property acquired

under, or made available for the purposes of, this chapter shall

become part of the United States Capitol Grounds and subject to

the Act entitled 'An Act to define the area of the United States

Capitol Grounds, to regulate the use thereof, and for other

purposes', approved July 31, 1946 (40 U.S.C., secs. 193a - 193m,

[207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922,

1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109, see References

in Text note under section 1819 of Title 2, The Congress], and

(2) the building and all facilities constructed pursuant to

section 1201 of this chapter shall become subject to such Act

approved July 31, 1946, and to the provisions of law relating to

the control, supervision, and care of the House Office Building

contained in the Act approved Mar. 4, 1907, as amended (40

U.S.C., sec. 175) [now 2 U.S.C. 2001]."

NOW, THEREFORE, in formal compliance with the aforecited

provisions of the Additional House Office Building Act, the House

Office Building Commission, in confirmation of actions heretofore

taken by the Commission, hereby orders:

1. The Rayburn House Office Building, the subway connecting such

building to the Capitol Building, the pedestrian tunnels

connecting such building to the Longworth House Office

Building, the underground garages in Squares 637 and 691 and

the tunnels connecting these garages to the House Office

Buildings, are hereby declared to be House Office Buildings

and, as such, are hereby made subject to those provisions of

the Act of July 31, 1946 (40 U.S.C., secs. 193a to 193m,

[207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922,

1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109], including

any amendments to such Act, which are applicable to the

Capitol Buildings, and to the Act of Mar. 4, 1907 (40 U.S.C.

175) [now 2 U.S.C. 2001].

2. All other real property acquired by the Architect of the

Capitol under authority of the Additional House Office

Building Act is hereby declared to be part of the United

States Capitol Grounds and is hereby made subject to the Act

of July 31, 1946 (40 U.S.C., secs. 193a to 193m, [207a,]

212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922, 1961,

1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109], including any

amendments to such Act.

3. Nothing herein shall be construed to contravene (a) the

provisions of Public Law 89-260 authorizing the future use of

Squares 732 north and south as a site for the Library of

Congress James Madison Memorial Building; or (b) the

authority delegated by the House Office Building Commission

to the Select House Committee under authority of H. Res. 514,

90th Congress, pertaining to the direction and supervision of

the use and operation of the four House Garages and outdoor

parking lots.

4. This order shall become effective immediately.

HOUSE OFFICE BUILDING COMMISSION

John W. McCormack, Chairman.

Emanuel Celler, Member.

Charles E. Goodell, Member.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5107, 8501, 8502, 8711,

8712 of this title; title 2 sections 1819, 1941, 1961, 1970, 2021,

2161.

-End-

-CITE-

40 USC Sec. 5103 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5103. Restrictions on public use of United States Capitol

Grounds

-STATUTE-

Public travel in, and occupancy of, the United States Capitol

Grounds is restricted to the roads, walks, and places prepared for

that purpose.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1176.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5103 40:193b. July 31, 1946, ch. 707, Sec.

2, 60 Stat. 718.

--------------------------------------------------------------------

The words "by flagging, paving, or otherwise" are omitted as

unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5106, 5107, 5109 of this

title; title 2 sections 1819, 1961, 1970, 2021, 2161.

-End-

-CITE-

40 USC Sec. 5104 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5104. Unlawful activities

-STATUTE-

(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;

(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;

(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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1176.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5104(a) 40:193m(2)-(5). July 31, 1946, ch. 707, Sec.

16(a)(2)-(5), 60 Stat. 721;

Pub. L. 90-108, Sec. 1(d) ,

Oct. 20, 1967, 81 Stat. 277.

5104(b) 40:193c. July 31, 1946, ch. 707,

Secs. 3-5, 7, 60 Stat. 718,

719.

5104(c) 40:193d.

5104(d) 40:193e.

5104(e) 40:193f. July 31, 1946, ch. 707, Sec.

6, 60 Stat. 718; Pub. L.

87-571, Aug. 6, 1962, 76

Stat. 307; Pub. L. 90-108,

Sec. 1(b), Oct. 20, 1967, 81

Stat. 276.

5104(f) 40:193g.

--------------------------------------------------------------------

In subsection (a)(3), the words "section 841(d) of title 18" are

substituted for "section 121(1) of title 50" because of the

enactment of 18:ch. 39 and the repeal of the provisions classified

to 50:121(1) by sections 1102 and 1106(a) of the Organized Crime

Control Act of 1970 (Public Law 91-452, 84 Stat. 952, 960). The

plural form "explosives" is used because that is the term defined

in 18:841(d).

In subsection (a)(4), the words "section 921(3) of title 18" are

substituted for "section 901(3) of title 15" because of the

enactment of 18:ch. 44 and the repeal of the provisions classified

to 15:901(3) by sections 902 and 906 of the Omnibus Crime Control

and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 226,

234).

In subsection (e)(1)(A), the plural "explosives" is used for

consistency with the term defined in subsection (a)(3). In

subclause (iii), the words "by any means" are omitted as

unnecessary.

In subsection (e)(2)(A), the words "unless authorized to do so

pursuant to rules adopted, or authorization given, by that House"

are substituted for "unless such person is authorized, pursuant to

rules adopted by that House or pursuant to authorization given by

that House, to enter or to remain upon such floor or in such

cloakroom, lobby, or room" to eliminate unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

The Act of July 8, 1932, referred to in subsec. (a)(2)(A), is act

July 8, 1932, ch. 465, 47 Stat. 650, as amended, which is not

classified to the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5106, 5107, 5109, 6506 of

this title; title 2 sections 121b-1, 121c, 121d, 1819, 1961, 1970,

2021, 2042, 2161.

-End-

-CITE-

40 USC Sec. 5105 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5105. Assistance to authorities by Capitol employees

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5105 40:193i. July 31, 1946, ch. 707, Sec.

10, 60 Stat. 719.

--------------------------------------------------------------------

The words "by information or otherwise" are omitted as

unnecessary.

-REFTEXT-

REFERENCES IN TEXT

Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946,

referred to in text, are classified to sections 1961, 1966, 1967,

1922, and 1969, respectively, of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5107 of this title; title

2 sections 1819, 1961, 1970, 2021, 2161.

-End-

-CITE-

40 USC Sec. 5106 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5106. Suspension of prohibitions

-STATUTE-

(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).

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5106(a) 40:193j. July 31, 1946, ch. 707,

Secs. 11, 12, 60 Stat. 719.

5106(b) 40:193k (words

before proviso).

5106(c) 40:193k (proviso).

--------------------------------------------------------------------

In subsection (b), the words "District of Columbia" are

substituted for "Washington" for clarity and consistency.

In subsection (c), the words "Mayor of the District of Columbia"

are substituted for "Commissioners of the District of Columbia"

[meaning the Board of Commissioners of the District of Columbia]

[subsequently changed to "Commissioner of the District of Columbia"

because of section 401 of Reorganization Plan No. 3 of 1967 (eff.

Aug. 11, 1967, 81 Stat. 951)] because of section 421 of the

District of Columbia Home Rule Act (Public Law 93-198, 87 Stat.

789).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5104 of this title; title

2 sections 1819, 1961, 1970, 2021, 2161.

-End-

-CITE-

40 USC Sec. 5107 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5107. Concerts on grounds

-STATUTE-

Sections 5102, 5103, 5104(b)-(f), 5105, 5105,(!1) 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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5107 40:193l. July 31, 1946, ch. 707, Sec.

13, 60 Stat. 720.

--------------------------------------------------------------------

-REFTEXT-

REFERENCES IN TEXT

Sections 9, 9A, 9B, and 9C of the Act of July 31, 1946, referred

to in text, are classified to sections 1961, 1966, 1967, and 1922,

respectively, of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 sections 1819, 1961, 1970,

2021, 2161.

-FOOTNOTE-

(!1) So in original. Probably should be "5106".

-End-

-CITE-

40 USC Sec. 5108 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5108. Audit of private organizations

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5108 40:193m-1. Pub. L. 91-510, title IV,

Sec. 451(a), Oct. 26, 1970,

84 Stat. 1193.

--------------------------------------------------------------------

The words "as defined by or pursuant to law" are omitted as

unnecessary because of sections 5101 and 5102 of the revised title.

The words "Comptroller General" are substituted for "General

Accounting Office" because of 31:702 and for consistency in the

revised title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6506 of this title; title

36 section 220314.

-End-

-CITE-

40 USC Sec. 5109 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5109. Penalties

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5109 40:193h. 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.

--------------------------------------------------------------------

In subsection (a), the words "fined under title 18" are

substituted for "a felony punishable by a fine not exceeding

$5,000" for consistency with chapter 227 of title 18.

In subsection (b), the words "fined under title 18" are

substituted for "a misdemeanor punishable by a fine not exceeding

$500" for consistency with chapter 227 of title 18.

In subsection (c)(1), the words "An action . . . shall be

brought" are substituted for ["]shall be prosecuted" for

consistency with other titles of the United States Code. The words

"the Attorney General" are substituted for "the United States

attorney or his assistants" because of 28:509.

In subsection (c)(2)(B), the words "Superior Court of the

District of Columbia" are substituted for "Municipal Court for the

District of Columbia" [subsequently changed to "District of

Columbia Court of General Sessions" because of sections 1 and 7 of

the Act of July 8, 1963 (Public Law 88-60, 77 Stat. 77, 78)]

because of section 155(a) of the District of Columbia Court

Reorganization Act of 1970 (Public Law 91-358, 85 Stat. 570).

In subsection (c)(3), the words "of a violation of said sections

and of the general laws of the United States or the laws of the

District of Columbia" are omitted as unnecessary.

-REFTEXT-

REFERENCES IN TEXT

Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946,

referred to in subsec. (c)(1), are classified to sections 1961,

1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5107 of this title; title

2 sections 1819, 1961, 1970, 2021, 2161.

-End-

-CITE-

40 USC PART C - FEDERAL BUILDING COMPLEXES 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

-HEAD-

PART C - FEDERAL BUILDING COMPLEXES

-End-