Collapse to view only § 5106. Suspension of prohibitions
- § 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
§ 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
1 So in original. Probably should be followed by a comma.
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.—
(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.
(c)National Garden of the United States Botanic Garden.—
(1)In general.—Except as provided under paragraph (2), the United States Capitol Grounds shall include—
(A) the National Garden of the United States Botanic Garden;
(B) all grounds contiguous to the Administrative Building of the United States Botanic Garden, including Bartholdi Park; and
(C) all grounds bounded by the curblines of First Street, Southwest on the east; Washington Avenue, Southwest to its intersection with Independence Avenue, and Independence Avenue from such intersection to its intersection with Third Street, Southwest on the south; Third Street, Southwest on the west; and Maryland Avenue, Southwest on the north.
(2)Maintenance and improvements.—Notwithstanding subsections (a) and (b), jurisdiction and control over the buildings on the grounds described in paragraph (1) shall be retained by the Joint Committee on the Library, and the Joint Committee on the Library shall continue to be solely responsible for the maintenance and improvement of the grounds described in such paragraph.
(3)Authority not limited.—Nothing in this subsection shall limit the authority of the Architect of the Capitol under section 307E of the Legislative Branch Appropriations Act, 1989 (40 U.S.C. 216c).1
1 See References in Text note below.
(d)Library of Congress Buildings and Grounds.—
(1)In general.—Except as provided under paragraph (2), the United States Capitol Grounds shall include the Library of Congress grounds described under section 11 of the Act entitled “An Act relating to the policing of the buildings 2
2 So in original. Probably should be followed by “and grounds”.
of the Library of Congress”, approved August 4, 1950 (2 U.S.C. 167j).(2)Authority of librarian of congress.—Notwithstanding subsections (a) and (b), the Librarian of Congress shall retain authority over the Library of Congress buildings and grounds in accordance with section 1 of the Act of June 29, 1922 (2 U.S.C. 141; 42 Stat. 715).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1175; Pub. L. 108–7, div. H, title I, § 1016(b), Feb. 20, 2003, 117 Stat. 364; Pub. L. 110–161, div. H, title I, § 1004(d)(2)(A)(ii), Dec. 26, 2007, 121 Stat. 2233; Pub. L. 110–178, § 4(b)(1)(B), Jan. 7, 2008, 121 Stat. 2551; Pub. L. 111–145, § 6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
§ 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—
(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) 1
1 So in original. Probably should be “921(a)(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. 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—
(i) either House of Congress or a Member, committee, officer, or employee of Congress, or either House of Congress; or
(ii) the Library of Congress;
(D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress;
(E) obstruct, or impede passage through or within, the Grounds or any of the Capitol Buildings;
(F) engage in an act of physical violence in the Grounds or any of the Capitol Buildings; or
(G) parade, demonstrate, or picket in any of the Capitol Buildings.
(3)Exemption of government officials.—This subsection does not prohibit any act performed in the lawful discharge of official duties by—
(A) a Member of Congress;
(B) an employee of a Member of Congress;
(C) an officer or employee of Congress or a committee of Congress; or
(D) an officer or employee of either House of Congress or a committee of that House.
(f)Parades, Assemblages, and Display of Flags.—Except as provided in section 5106 of this title, a person may not—
(1) parade, stand, or move in processions or assemblages in the Grounds; or
(2) display in the Grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1176; Pub. L. 110–161, div. H, title I, § 1004(d)(2)(A)(iii), Dec. 26, 2007, 121 Stat. 2234; Pub. L. 110–178, § 4(b)(1)(C), Jan. 7, 2008, 121 Stat. 2552; Pub. L. 111–145, § 6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
§ 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).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)
§ 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.—
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)