40 U.S.C. § 6306 — Policing of buildings and grounds

Page 166 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 6302 Editorial Notes AMENDMENTS 2017—Par. (2). Pub. L. 115–31 designated existing pro- visions as subpar. (A), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A), and added subpar. (B). § 6302. Public use of grounds 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. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1185.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6302 ............ 40:193o. Oct. 24, 1951, ch. 559, § 2, 65 Stat. 634. § 6303. Unlawful activities (a) DISPLAYS AND SOLICITATIONS.—It is unlaw- ful for anyone other than an authorized em- ployee or concessionaire to carry out any of the following activities within the specified build- ings 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 contribu- tions. (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 (includ- ing 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. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1185.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6303(a) ........ 40:193p. Oct. 24, 1951, ch. 559, §§ 3, 4, 65 Stat. 634. 6303(b) ........ 40:193q. § 6304. Additional regulations (a) AUTHORITY TO PRESCRIBE ADDITIONAL REG- ULATIONS.—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 nec- essary 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 de- corum 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 Co- lumbia under their control. (b) PUBLICATION IN FEDERAL REGISTER.—A reg- ulation prescribed under this section shall be published in the Federal Register and is not ef- fective until the expiration of 10 days after the date of publication. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1186.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6304 ............ 40:193r. Oct. 24, 1951, ch. 559, § 5, 65 Stat. 634; Pub. L. 88–391, § 1, Aug. 1, 1964, 78 Stat. 365; Pub. L. 103–279, § 9(a), July 21, 1994, 108 Stat. 1416. § 6305. Suspension of regulations To allow authorized services, training pro- grams, 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 des- ignees) may suspend for their respective agen- cies any of the prohibitions contained in sec- tions 6302 and 6303 of this title as may be nec- essary for the occasion or circumstance if— (1) responsible officers have been appointed; and (2) the Secretary of the Smithsonian Institu- tion, the Trustees of the National Gallery of Art, and the Trustees of the John F. Kennedy Center for the Performing Arts (or their des- ignees) determine that adequate arrangements have been made— (A) to maintain suitable order and deco- rum in the proceedings; and (B) to protect the specified buildings and grounds and persons and property in those buildings and on those grounds. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1186.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6305 ............ 40:193u. Oct. 24, 1951, ch. 559, § 8, 65 Stat. 635; Pub. L. 103–279, § 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. § 6306. Policing of buildings and grounds (a) DESIGNATION OF EMPLOYEES AS SPECIAL PO- LICE.—Subject to section 5375 of title 5, the Sec- retary 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 des- ignate 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 spe- cial police under subsection (a)— Page 167 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 6501 (1) may, within the specified buildings and grounds, enforce, and make arrests for viola- tions of, sections 6302 and 6303 of this title, any regulation prescribed under section 6304 of this title, federal or state law, or any regula- tion prescribed under federal or state law; and (2) may enforce concurrently with the United States Park Police the laws and regu- lations 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 em- ployees designated as special police under sub- section (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 ammu- nition. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1186.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6306(a) ........ 40:193n. Oct. 24, 1951, ch. 559, § 1, 65 Stat. 634; Pub. L. 91–34, § 2(c), June 30, 1969, 83 Stat. 41; Pub. L. 104–134, title I, § 101(c) [title II, proviso in 1st par. under heading ‘‘John F. Ken- nedy Center for the Per- forming Arts’’], Apr. 26, 1996, 110 Stat. 1321–193, re- numbered as title I by Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. 6306(b)(1) .... 40:193t (words before 5th comma). Oct. 24, 1951, ch. 559, § 7, 65 Stat. 635; Pub. L. 88–391, § 2, Aug. 1, 1964, 78 Stat. 365. 6306(b)(2) .... 40:193x. Oct. 24, 1951, ch. 559, § 11, as added Pub. L. 88–391, § 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 redesig- nated sections 5361 through 5365 of title 5 as sections 5371 through 5375 of title 5. The words ‘‘or their des- ignees’’ are substituted for ‘‘or their authorized rep- resentatives’’ for consistency in the revised chapter. In subsection (b)(2), the words ‘‘within which the specified buildings and grounds are located’’ are sub- stituted for ‘‘within which the aforementioned build- ings are located’’ for clarity. § 6307. Penalties (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 informa- tion by the United States Attorney or an As- sistant United States Attorney. (b) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.— (1) PENALTY.—If in the commission of a vio- lation described in subsection (a), property is damaged in an amount exceeding $100, the pe- riod 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 Attor- ney or an Assistant United States Attorney if the defendant, after being advised of the na- ture of the charge and of rights of the defend- ant, waives in open court prosecution by in- dictment. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1187.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6307 ............ 40:193s. Oct. 24, 1951, ch. 559, § 6, 65 Stat. 635. In subsection (a)(1), the words ‘‘fined under title 18’’ are substituted for ‘‘fined not more than $100’’ for con- sistency 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 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 (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. CHAPTER 65—THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING Sec. 6501. Definition. 6502. Thurgood Marshall Federal Judiciary Build- ing. 6503. Commission for the Judiciary Office Building. 6504. Lease of building. 6505. Structural and mechanical care and security. 6506. Allocation of space. 6507. Account in Treasury. Editorial Notes AMENDMENTS 2006—Pub. L. 109–284, § 6(19), Sept. 27, 2006, 120 Stat. 1213, renumbered item 6581 as 6501. § 6501. Definition In this chapter, the term ‘‘Chief Justice’’ means the Chief Justice of the United States or the designee of the Chief Justice, except that when there is a vacancy in the office of the Chief Justice, the most senior associate justice of the Supreme Court shall be deemed to be the Chief Justice for purposes of this chapter until the va- cancy is filled. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1188.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6501 ............ 40:1208. Pub. L. 100–480, § 10, Oct. 7, 1988, 102 Stat. 2335. The text of 40:1208(1) and (3) is omitted as unneces- sary because the complete names of the Architect of