40 U.S.C. § 6101 — Definitions and application

Page 159 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 6101 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 com- mit a violation, shall be brought by the Attor- ney 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 vio- lations 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 fed- eral law or the laws of the District of Colum- bia shall be brought in the United States District Court for the District of Columbia; and (B) any other section referred to in sub- section (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 de- fendant is convicted of violating. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5109 ............ 40:193h. July 31, 1946, ch. 707, § 8, 60 Stat. 719; Pub. L. 87–571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90–108, § 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 ex- ceeding $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 sub- stituted for ‘‘the United States attorney or his assist- ants’’ because of 28:509. In subsection (c)(2)(B), the words ‘‘Superior Court of the District of Columbia’’ are substituted for ‘‘Munic- ipal Court for the District of Columbia’’ [subsequently changed to ‘‘District of Columbia Court of General Ses- sions’’ because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of sec- tion 155(a) of the District of Columbia Court Reorga- nization 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. Editorial Notes 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 sec- tions 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress. PART C—FEDERAL BUILDING COMPLEXES CHAPTER 61—UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER I—GENERAL Sec. 6101. Definitions and application. 6102. Regulations. SUBCHAPTER II—BUILDINGS AND GROUNDS 6111. Supreme Court Building. 6112. Supreme Court Building and grounds employ- ees. 6113. Duties of the Superintendent of the Supreme Court Building. 6114. Oliver Wendell Holmes Garden. SUBCHAPTER III—POLICING AUTHORITY 6121. General. 6122. Designation of members of the Supreme Court Police. 6123. Authority of Metropolitan Police of the Dis- trict of Columbia. SUBCHAPTER IV—PROHIBITIONS AND PENALTIES 6131. Public travel in Supreme Court grounds. 6132. Sale of articles, signs, and solicitation in Su- preme Court Building and grounds. 6133. Property in the Supreme Court Building and grounds. 6134. Firearms, fireworks, speeches, and objection- able language in the Supreme Court Build- ing and grounds. 6135. Parades, assemblages, and display of flags in the Supreme Court Building and grounds. 6136. Suspension of prohibitions against use of Su- preme Court grounds. 6137. Penalties. SUBCHAPTER I—GENERAL § 6101. Definitions and application (a) DEFINITIONS.—In this chapter, the fol- lowing definitions apply: (1) OFFICIAL GUEST OF THE SUPREME COURT.— The term ‘‘official guest of the Supreme Court’’ means an individual who is a guest of the Supreme Court, as determined by the Chief Justice of the United States or any Asso- ciate Justice of the Supreme Court; (2) STATE.—The term ‘‘State’’ means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and any territory or possession of the United States; and (b) APPLICATION.—For purposes of section 6102 of this title and subchapters III and IV, the Su- preme Court grounds— (1) extend to the line of the face of— (A) the east curb of First Street Northeast, between Maryland Avenue Northeast and East Capitol Street; (B) the south curb of Maryland Avenue Northeast, between First Street Northeast and Second Street Northeast; (C) the west curb of Second Street North- east, between Maryland Avenue Northeast and East Capitol Street; and Page 160 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 6101 (D) the north curb of East Capitol Street between First Street Northeast and Second Street Northeast; and (2) comprise any property under the custody and control of the Supreme Court as part of the Supreme Court grounds, including prop- erty acquired as provided by law on behalf of the Federal Government in lots 2, 3, 800, 801, and 802 in square 758 in the District of Colum- bia as an addition to the grounds of the Su- preme Court Building and that parcel trans- ferred under the Supreme Court Grounds Transfer Act of 2005. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1180; Pub. L. 109–214, § 1(c)(2), Apr. 11, 2006, 120 Stat. 326.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6101(a) ........ 40:13n(d). Aug. 18, 1949, ch. 479, § 9(d), as added Pub. L. 97–390, § 1(c)(2), Dec. 29, 1982, 96 Stat. 1958. 6101(b) ........ 40:13p. Aug. 18, 1949, ch. 479, § 11, 63 Stat. 617; Pub. L. 97–390, § 1(d), Dec. 29, 1982, 96 Stat. 1958. In subsection (a), the definition of ‘‘United States’’ is omitted as unnecessary because, within 40:13f–13p, the words ‘‘United States’’ are used in the geographical sense only in 40:13n(a)(2) and (c) and the restatement of those provisions, in section 6121 of the revised title, substitutes the words ‘‘any State’’ for ‘‘any part of the United States’’. Before clause (1), the words ‘‘In this chapter, the fol- lowing definitions apply’’ are substituted for ‘‘As used in sections 13f to 13p of this title, the term—’’ for clar- ity. The terms are not used in 40:13a–13e, so using them chapter-wide does not expand their scope. In clause (2), the words ‘‘the Virgin Islands, Guam, the Northern Mariana Islands, the Federal States of Micronesia, the Marshall Islands, Palau, and any terri- tory or possession of the United States’’ are substituted for ‘‘any territory or possession of the United States’’ to clarify that the provisions of the source law apply to those jurisdictions. In subsection (b), before clause (1), the words ‘‘In ad- dition to the property referred to in the preceding sen- tence, for the purposes of sections 13f to 13p of this title, the Supreme Court grounds’’ are omitted as un- necessary. REFERENCES IN TEXT The Supreme Court Grounds Transfer Act of 2005, re- ferred to in subsec. (b)(2), is section 1 of Pub. L. 109–214, Apr. 11, 2006, 120 Stat. 326, which is set out as a note below. Editorial Notes AMENDMENTS 2006—Subsec. (b)(2). Pub. L. 109–214 inserted ‘‘and that parcel transferred under the Supreme Court Grounds Transfer Act of 2005’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–214 applicable to fiscal year 2006 and each fiscal year thereafter, see section 1(d) of Pub. L. 109–214, set out as a note below. TRANSFER OF JURISDICTION OVER CERTAIN REAL PROPERTY TO THE SUPREME COURT Pub. L. 109–214, § 1, Apr. 11, 2006, 120 Stat. 326, provided that: ‘‘(a) SHORT TITLE.—This section may be cited as the ‘Supreme Court Grounds Transfer Act of 2005’. ‘‘(b) TRANSFER OF JURISDICTION.— ‘‘(1) IN GENERAL.—Jurisdiction over the parcel of Federal real property described under paragraph (2) (over which jurisdiction was transferred to the Archi- tect of the Capitol under section 514(b)(2)(B)(i) of the Omnibus Parks and Public Lands Management Act of 1996 (40 U.S.C. 5102 note; Public Law 104–333; 110 Stat. 4165)) is transferred to the Supreme Court of the United States, without consideration. ‘‘(2) PARCEL.—The parcel of Federal real property referred to under paragraph (1) is that portion of the triangle of Federal land in Reservation No. 204 in the District of Columbia under the jurisdiction of the Ar- chitect of the Capitol, including any contiguous side- walks, 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 por- tion of Maryland Avenue, N.E., on the south, and 2nd Street, N.E., on the east, including the contiguous sidewalks. ‘‘(c) MISCELLANEOUS.— ‘‘(1) COMPLIANCE WITH OTHER LAWS.—Compliance with this section shall be deemed to satisfy the re- quirements of all laws otherwise applicable to trans- fers of jurisdiction over parcels of Federal real prop- erty. ‘‘(2) INCLUSION IN SUPREME COURT GROUNDS.— [Amended section 6101(b)(2) of this title.] ‘‘(3) UNITED STATES CAPITOL GROUNDS.— ‘‘(A) DEFINITION.—Section 5102 of title 40, United States Code, is amended to exclude within the defi- nition of the United States Capitol Grounds the parcel of Federal real property described in sub- section (b)(2). ‘‘(B) JURISDICTION OF CAPITOL POLICE.—The United States Capitol Police shall not have jurisdiction over the parcel of Federal real property described in subsection (b)(2) by reason of such parcel for- merly being part of the United States Capitol Grounds. ‘‘(4) RECORDING OF MAP OF SUPREME COURT GROUNDS.—The Architect of the Capitol shall record with the Office of the Surveyor of the District of Co- lumbia a map showing areas comprising the grounds of the Supreme Court of the United States that re- flects— ‘‘(A) the legal boundaries described under section 6101(b)(1) of title 40, United States Code; and ‘‘(B) any portion of the United States Capitol Grounds as described under section 5102 of title 40, United States Code, which is contiguous to the boundaries or property described under subpara- graph (A) of this paragraph. ‘‘(d) EFFECTIVE DATE.—This Act shall apply to fiscal year 2006 and each fiscal year thereafter.’’ UNITED STATES SUPREME COURT BUILDING; ACQUISITION OF CERTAIN REAL PROPERTY Pub. L. 96–532, Dec. 15, 1980, 94 Stat. 3130, as amended by Pub. L. 97–390, § 3, Dec. 29, 1982, 96 Stat. 1958, pro- vided: ‘‘That the Architect of the Capitol is authorized to acquire on behalf of the United States by purchase, condemnation, transfer, or otherwise, as an addition to the grounds of the United States Supreme Court Build- ing, all privately owned real property contained in lots 2, 3, 800, 801, and 802 in square 758 in the District of Co- lumbia, as such lots appear on the records in the office of the Surveyor of the District of Columbia as of the date of the enactment of this Act [Dec. 15, 1980]. ‘‘SEC. 2. The acquisition of real property under this Act shall be conducted in accordance with the Act enti- tled ‘Uniform Relocation Assistance and Land Acquisi- tion Policies Act of 1970’, Public Law 91–646, approved January 2, 1971 [42 U.S.C. 4601 et seq.], and any pro- ceeding 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). Page 161 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 6111 ‘‘SEC. 3. Upon acquisition of such real property by the Architect of the Capitol, on behalf of the United States, such property shall become a part of the grounds of the United States Supreme Court Building and shall be subject to all of the provisions of the Act entitled ‘An Act to provide for the custody and maintenance of the United States Supreme Court Building and the equip- ment and grounds thereof’, approved May 7, 1934 (40 U.S.C. 13a–13c) [now 40 U.S.C. 6111–6113], and section 6 of the joint resolution entitled ‘Joint resolution to pro- vide for the use and disposition of the bequest of the late Justice Oliver Wendell Holmes to the United States, and for other purposes’, approved October 22, 1940 (40 U.S.C. 13e) [now 40 U.S.C. 6114]. ‘‘SEC. 4. The Architect of the Capitol is authorized to enter into contracts and to make expenditures for grad- ing and paving and such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of this Act. ‘‘SEC. 5. There is hereby authorized to be appro- priated the sum of $645,000 for fiscal year 1981 for the purpose of carrying out the provisions of this Act, said appropriation to remain available until expended.’’ § 6102. Regulations (a) AUTHORITY OF THE MARSHAL.—In addition to the restrictions and requirements specified in subchapter IV, the Marshal of the Supreme Court may prescribe regulations, approved by the Chief Justice of the United States, that are necessary for— (1) the adequate protection of the Supreme Court Building and grounds and of individuals and property in the Building and grounds; and (2) the maintenance of suitable order and de- corum within the Building and grounds. (b) POSTING REQUIREMENT.—All regulations prescribed under this section shall be posted in a public place at the Building and shall be made reasonably available to the public in writing. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1180.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6102 ............ 40:13l. Aug. 18, 1949, ch. 479, § 7, 63 Stat. 617; Pub. L. 97–390, § 1(b), Dec. 29, 1982, 96 Stat. 1957. In subsection (a), before clause (1), the word ‘‘are’’ is substituted for ‘‘may be deemed’’ for clarity. In clause (1), the word ‘‘individuals’’ is substituted for ‘‘persons’’ for clarity. SUBCHAPTER II—BUILDINGS AND GROUNDS § 6111. Supreme Court Building (a) IN GENERAL.— (1) STRUCTURAL AND MECHANICAL CARE.—The Architect of the Capitol shall have charge of the structural and mechanical care of the Su- preme Court Building, including— (A) the care and maintenance of the grounds; and (B) the supplying of all mechanical fur- nishings and mechanical equipment for the Building. (2) OPERATION AND MAINTENANCE.—The Ar- chitect shall direct the operation and mainte- nance of the mechanical equipment and repair of the building. (3) CONTRACT AUTHORITY.—The Architect may enter into all necessary contracts to carry out this subsection. (b) AVAILABILITY OF APPROPRIATIONS.— Amounts appropriated under— (1) subsection (a) and sections 6112 and 6113 of this title are available for— (A) expenses of heating and air-condi- tioning refrigeration supplied by the Capitol Power Plant, advancements for which shall be made and deposited in the Treasury to the credit of appropriations provided for the Capitol Power Plant; and (B) the purchase of electrical energy; and (2) the heading ‘‘Supreme Court of the United States’’ and ‘‘care of the building and grounds’’ are available for— (A) improvements, maintenance, repairs, equipment, supplies, materials, and appur- tenances; (B) special clothing for workers; (C) personal and other services (including temporary labor without regard to chapter 51, subchapter III of chapter 53, and sub- chapter III of chapter 83, of title 5); and (D) without compliance with section 6101(b) to (d) of title 41— (i) for snow removal (by hire of personnel and equipment or under contract); and (ii) for the replacement of electrical transformers containing polychlorinated biphenyls. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1180; Pub. L. 109–284, § 6(18), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, § 5(l)(22), Jan. 4, 2011, 124 Stat. 3852.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6111(a) ........ 40:13a(a). May 7, 1934, ch. 222, § 1, 48 Stat. 668; Pub. L. 95–431, title IV, (‘‘Sec. 1(b) (less proviso)’’ in proviso in par. under heading ‘‘Care of the Building and Grounds’’), Oct. 10, 1978, 92 Stat. 1036. 6111(b)(1) .... 40:13a(b). 6111(b)(2) .... 40:13a note. Pub. L. 101–162, title IV, (proviso in par. under heading ‘‘Care of the Building and Grounds’’), Nov. 21, 1989, 103 Stat. 1010. In subsection (b)(1), the words ‘‘In addition to the foregoing, any’’ and ‘‘hereafter’’ are omitted as unnec- essary. In subsection (b)(2), before subclause (A), the words ‘‘That for fiscal year 1990 and hereafter’’ are omitted as executed. In subclause (C), the words ‘‘chapter 51, sub- chapter III of chapter 53, and subchapter III of chapter 83, of title 5’’ are substituted for ‘‘the Classification and Retirement Acts, as amended’’ because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. Editorial Notes AMENDMENTS 2011—Subsec. (b)(2)(D). Pub. L. 111–350 substituted ‘‘section 6101(b) to (d) of title 41’’ for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’. 2006—Subsec. (b). Pub. L. 109–284 struck out second period at end of heading.