US (United States) Code. Title 40. Subtitle II. Part C. Chapter 63: Smithsonian Institution, Ntional Gallery

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

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-CITE-

40 USC CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL

GALLERY OF ART, AND JOHN F. KENNEDY CENTER

FOR THE PERFORMING ARTS 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-MISC1-

Sec.

6301. Definition.

6302. Public use of grounds.

6303. Unlawful activities.

6304. Additional regulations.

6305. Suspension of regulations.

6306. Policing of buildings and grounds.

6307. Penalties.

-End-

-CITE-

40 USC Sec. 6301 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 6301. Definition

-STATUTE-

In this chapter, the term "specified buildings and grounds" means

-

(1) Smithsonian institution. - The Smithsonian Institution and

its grounds, which include the following:

(A) Smithsonian buildings and grounds on the national mall. -

The Smithsonian Building, the Arts and Industries Building, the

Freer Gallery of Art, the National Air and Space Museum, the

National Museum of Natural History, the National Museum of

American History, the National Museum of the American Indian,

the Hirshhorn Museum and Sculpture Garden, the Arthur M.

Sackler Gallery, the National Museum of African Art, the S.

Dillon Ripley Center, and all other buildings of the

Smithsonian Institution within the Mall, including the entrance

walks, unloading areas, and other pertinent service roads and

parking areas.

(B) National zoological park. - The National Zoological Park

comprising all the buildings, streets, service roads, walks,

and other areas within the boundary fence of the National

Zoological Park in the District of Columbia and including the

public space between that fence and the face of the curb lines

of the adjacent city streets.

(C) Other smithsonian buildings and grounds. - All other

buildings, service roads, walks, and other areas within the

exterior boundaries of any real estate or land or interest in

land (including temporary use) that the Smithsonian Institution

acquires and that the Secretary of the Smithsonian Institution

determines to be necessary for the adequate protection of

individuals or property in the Smithsonian Institution and

suitable for administration as a part of the Smithsonian

Institution.

(2) National gallery of art. - The National Gallery of Art and

its grounds, which extend -

(A) to the line of the face of the south curb of Constitution

Avenue Northwest, between Seventh Street Northwest, and Fourth

Street Northwest, to the line of the face of the west curb of

Fourth Street Northwest, between Constitution Avenue Northwest,

and Madison Drive Northwest; to the line of the face of the

north curb of Madison Drive Northwest, between Fourth Street

Northwest, and Seventh Street Northwest; and to the line of the

face of the east curb of Seventh Street Northwest, between

Madison Drive Northwest, and Constitution Avenue Northwest;

(B) to the line of the face of the south curb of Pennsylvania

Avenue Northwest, between Fourth Street and Third Street

Northwest, to the line of the face of the west curb of Third

Street Northwest, between Pennsylvania Avenue and Madison Drive

Northwest, to the line of the face of the north curb of Madison

Drive Northwest, between Third Street and Fourth Street

Northwest, and to the line of the face of the east curb of

Fourth Street Northwest, between Pennsylvania Avenue and

Madison Drive Northwest; and

(C) to the line of the face of the south curb of Constitution

Avenue Northwest, between Ninth Street Northwest and Seventh

Street Northwest; to the line of the face of the west curb of

Seventh Street Northwest, between Constitution Avenue Northwest

and Madison Drive Northwest; to the line of the face of the

north curb of Madison Drive Northwest, between Seventh Street

Northwest and the line of the face of the east side of the east

retaining wall of the Ninth Street Expressway Northwest; and to

the line of the face of the east side of the east retaining

wall of the Ninth Street Expressway Northwest, between Madison

Drive Northwest and Constitution Avenue Northwest.

(3) John f. kennedy center for the performing arts. - The John

F. Kennedy Center for the Performing Arts, which extends to the

line of the west face of the west retaining walls and curbs of

the Inner Loop Freeway on the east, the north face of the north

retaining walls and curbs of the Theodore Roosevelt Bridge

approaches on the south, the east face of the east retaining

walls and curbs of Rock Creek Parkway on the west, and the south

curbs of New Hampshire Avenue and F Street on the north, as

generally depicted on the map entitled "Transfer of John F.

Kennedy Center for the Performing Arts", numbered 844/82563 and

dated April 20, 1994 (as amended by the map entitled "Transfer of

John F. Kennedy Center for the Performing Arts", numbered

844/82563A and dated May 22, 1997), which shall be on file and

available for public inspection in the office of the National

Capital Region, National Park Service.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1184.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

6301 40:193v. Oct. 24, 1951, ch. 559, Sec.

9, 65 Stat. 635; Pub. L.

88-391, Sec. 3, Aug. 1,

1964, 78 Stat. 366; Pub. L.

90-376, Sec. 3, July 5,

1968, 82 Stat. 286; Pub. L.

102-336, Aug. 7, 1992, 106

Stat. 864; Pub. L. 103-279,

Sec. 9(c), July 21, 1994,

108 Stat. 1417; Pub. L.

105-95, Sec. 4 (related to

section 9(3) of the Act of

October 24, 1951), Nov. 19,

1997, 111 Stat. 2149.

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

In clause (1)(A), the words "National Museum of American History"

are substituted for "Museum of History and Technology" because of

section 3 of the Act of October 13, 1980 (Public Law 96-441, 20:71

note).

In clause (1)(C), the words "the Smithsonian Institution

acquires" are substituted for "that shall hereafter be acquired by

the Smithsonian Institution" to eliminate unnecessary words.

In clause (3), the words "the site of" are omitted as unnecessary

and for consistency in the revised section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6302 of this title.

-End-

-CITE-

40 USC Sec. 6302 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 6302. Public use of grounds

-STATUTE-

Public travel in, and occupancy of, the grounds specified under

section 6301 of this title are restricted to the sidewalks and

other paved surfaces, except in the National Zoological Park.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1185.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6302 40:193o. Oct. 24, 1951, ch. 559, Sec.

2, 65 Stat. 634.

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6304, 6305, 6306, 6307 of

this title.

-End-

-CITE-

40 USC Sec. 6303 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 6303. Unlawful activities

-STATUTE-

(a) Displays and Solicitations. - It is unlawful for anyone other

than an authorized employee or concessionaire to carry out any of

the following activities within the specified buildings and

grounds:

(1) Offer or expose any article for sale.

(2) Display any sign, placard, or other form of advertisement.

(3) Solicit alms, subscriptions, or contributions.

(b) Touching of, or Injuries to, Property. - It is unlawful for

anyone -

(1) other than an authorized employee, to touch or handle

objects of art or scientific or historical objects on exhibition

within the specified buildings or grounds; or

(2) to step or climb on, remove, or in any way injure any

object of art, exhibit (including an exhibit animal), equipment,

seat, wall, fountain, or other erection or architectural feature,

or any tree, shrub, plant, or turf, within the specified

buildings or grounds.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1185.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6303(a) 40:193p. Oct. 24, 1951, ch. 559,

Secs. 3, 4, 65 Stat. 634.

6303(b) 40:193q.

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6304, 6305, 6306, 6307 of

this title.

-End-

-CITE-

40 USC Sec. 6304 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 6304. Additional regulations

-STATUTE-

(a) Authority To Prescribe Additional Regulations. - In addition

to the restrictions and requirements specified in sections 6302 and

6303 of this title, the Secretary of the Smithsonian Institution,

the Trustees of the National Gallery of Art, and the Trustees of

the John F. Kennedy Center for the Performing Arts may prescribe

for their respective agencies regulations necessary for -

(1) the adequate protection of the specified buildings and

grounds and individuals and property in those buildings and

grounds; and

(2) the maintenance of suitable order and decorum within the

specified buildings and grounds, including the control of traffic

and parking of vehicles in the National Zoological Park and all

other areas in the District of Columbia under their control.

(b) Publication in Federal Register. - A regulation prescribed

under this section shall be published in the Federal Register and

is not effective until the expiration of 10 days after the date of

publication.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1186.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6304 40:193r. Oct. 24, 1951, ch. 559, Sec.

5, 65 Stat. 634; Pub. L.

88-391, Sec. 1, Aug. 1,

1964, 78 Stat. 365; Pub. L.

103-279, Sec. 9(a), July 21,

1994, 108 Stat. 1416.

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6306, 6307 of this title.

-End-

-CITE-

40 USC Sec. 6305 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 6305. Suspension of regulations

-STATUTE-

To allow authorized services, training programs, and ceremonies

in the specified buildings and grounds, the Secretary of the

Smithsonian Institution, the Trustees of the National Gallery of

Art, and the Trustees of the John F. Kennedy Center for the

Performing Arts (or their designees) may suspend for their

respective agencies any of the prohibitions contained in sections

6302 and 6303 of this title as may be necessary for the occasion or

circumstance if -

(1) responsible officers have been appointed; and

(2) the Secretary of the Smithsonian Institution, the Trustees

of the National Gallery of Art, and the Trustees of the John F.

Kennedy Center for the Performing Arts (or their designees)

determine that adequate arrangements have been made -

(A) to maintain suitable order and decorum in the

proceedings; and

(B) to protect the specified buildings and grounds and

persons and property in those buildings and on those grounds.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1186.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6305 40:193u. Oct. 24, 1951, ch. 559, Sec.

8, 65 Stat. 635; Pub. L.

103-279, Sec. 9(b), July 21,

1994, 108 Stat. 1416.

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

Before clause (1), the words "or their designees" are substituted

for "or their designated representatives" for consistency in the

revised section.

-End-

-CITE-

40 USC Sec. 6306 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 6306. Policing of buildings and grounds

-STATUTE-

(a) Designation of Employees as Special Police. - Subject to

section 5375 of title 5, the Secretary of the Smithsonian

Institution, the Trustees of the National Gallery of Art, and the

Trustees of the John F. Kennedy Center for the Performing Arts (or

their designees) may designate employees of their respective

agencies as special police, without additional compensation, for

duty in connection with the policing of their respective specified

buildings and grounds.

(b) Powers. - The employees designated as special police under

subsection (a) -

(1) may, within the specified buildings and grounds, enforce,

and make arrests for violations of, sections 6302 and 6303 of

this title, any regulation prescribed under section 6304 of this

title, federal or state law, or any regulation prescribed under

federal or state law; and

(2) may enforce concurrently with the United States Park Police

the laws and regulations applicable to the National Capital

Parks, and may make arrests for violations of sections 6302 and

6303 of this title, within the several areas located within the

exterior boundaries of the face of the curb lines of the squares

within which the specified buildings and grounds are located.

(c) Uniforms and Other Equipment. - The employees designated as

special police under subsection (a) may be provided, without

charge, with uniforms and other equipment as may be necessary for

the proper performance of their duties, including badges,

revolvers, and ammunition.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1186.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6306(a) 40:193n. Oct. 24, 1951, ch. 559, Sec.

1, 65 Stat. 634; Pub. L.

91-34, Sec. 2(c), June 30,

1969, 83 Stat. 41; Pub. L.

104-134, title I, Sec.

101(c) [title II, proviso in

1st par. under heading "John

F. Kennedy Center for the

Performing Arts"], Apr. 26,

1996, 110 Stat. 1321-193,

renumbered as title I by

Pub. L. 104-140, Sec. 1(a),

May 2, 1996, 110 Stat. 1327.

6306(b)(1) 40:193t (words Oct. 24, 1951, ch. 559, Sec.

before 5th comma). 7, 65 Stat. 635; Pub. L.

88-391, Sec. 2, Aug. 1,

1964, 78 Stat. 365.

6306(b)(2) 40:193x. Oct. 24, 1951, ch. 559, Sec.

11, as added Pub. L. 88-391,

Sec. 4, Aug. 1, 1964, 78

Stat. 366.

6306(c) 40:193t (words

after 5th comma).

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

In subsection (a), the words "section 5375 of title 5" are

substituted for "section 5365 of title 5" because of section

801(a)(3)(A)(ii) of the Civil Service Reform Act of 1978 (Public

Law 95-454, 92 Stat. 1221), which redesignated sections 5361

through 5365 of title 5 as sections 5371 through 5375 of title 5.

The words "or their designees" are substituted for "or their

authorized representatives" for consistency in the revised chapter.

In subsection (b)(2), the words "within which the specified

buildings and grounds are located" are substituted for "within

which the aforementioned buildings are located" for clarity.

-End-

-CITE-

40 USC Sec. 6307 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 6307. Penalties

-STATUTE-

(a) In General. -

(1) Penalty. - A person violating section 6302 or 6303 of this

title, or a regulation prescribed under section 6304 of this

title, shall be fined under title 18, imprisoned for not more

than 60 days, or both.

(2) Procedure. - Prosecution for an offense under this

subsection shall be in the Superior Court of the District of

Columbia, by information by the United States Attorney or an

Assistant United States Attorney.

(b) Offenses Involving Property Damage Over $100. -

(1) Penalty. - If in the commission of a violation described in

subsection (a), property is damaged in an amount exceeding $100,

the period of imprisonment for the offense may be not more than

five years.

(2) Venue and procedure. - Prosecution of an offense under this

subsection shall be in the United States District Court for the

District of Columbia by indictment. Prosecution may be on

information by the United States Attorney or an Assistant United

States Attorney if the defendant, after being advised of the

nature of the charge and of rights of the defendant, waives in

open court prosecution by indictment.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1187.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

6307 40:193s. Oct. 24, 1951, ch. 559, Sec.

6, 65 Stat. 635.

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

In subsection (a)(1), the words "fined under title 18" are

substituted for "fined not more than $100" for consistency with

chapter 227 of title 18.

In subsection (a)(2), 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 (b)(1), the words "the amount of the fine for the

offense may be not more than $5,000" are omitted for consistency

with chapter 227 of title 18.

-End-