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PUBLIC LAW 96-432-Oct. 10, 1980, 94 STAT. 1851

AN ACT TO AMEND THE ACT OF JULY 31, 1946, AS AMENDED, RELATING TO THE UNITED STATES CAPITOL GROUNDS, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of July 31, 1946, as amended 40 U.S.C. 193a), 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.

SEC. 2. Section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a), is amended (1) by deleting "First Street N.E. to Second Street N.W." and inserting in lieu thereof "Second Street Northeast to Third Street Northwest"; and (2) by inserting immediately before the colon preceding the proviso, a comma and the following: "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 Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street".

SEC. 3. On and after the effective date of this section, 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.

SEC. 4. The foregoing provisions of this Act shall take effect upon the expiration of the thirty-day period following the date of the enactment of this Act.

SEC. 5. The Capitol Police Board is authorized to detail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds.

SEC. 6. (a) Notwithstanding any other provisions of this Act, 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 which surround such squares shall be considered as 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 vesting authority in the United States Supreme Court Police and the Library of Congress Police to make arrests in adjacent streets.

(c) In order to provide a fair and reasonable transition period in which to permit the orderly relocation of those duly licensed vendors operating, as of the effective date hereof, on those portions of Pennsylvania Avenue Northwest, and Maryland Avenue Southwest, hereby included in the definition of United States Capitol Grounds pursuant to section 1 (4) and (5), so much of the prohibitions contained in section 4 of the law of July 31, 1946 (60 Stat. 718), as would prevent the use of those portions of Pennsylvania Avenue Northwest, and Maryland Avenue Southwest, for the offer and exposure of articles for sale, shall be suspended for a period not to exceed one year.

SEC. 7. (a) The Architect of the Capitol, under the direction fo 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), 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 shall be conducted in accordance with the Act entitled "Uniform Relocation Assistance and Land Acquisition Policies Act of 1970", Public Law 91-646, approved Janury 2, 1971, 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,

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.

Approved October 10, 1980.58

The Joint Resolution of December 16, 1980 (H.J. Res. 644), P.L. 96-536, made further continuing appropriations for the fiscal year 1981. Under Sec. 102, the resolution provided:

Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from December 15, 1980, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable Appropriation Act by both Houses without any provision for such project or activity, or (c) June 5, 1981, whichever first occurs.59 (see infra 95 Stat. 95).

The June 5, 1981 Supplemental and further continuing Appropriations Act for the fiscal year ending September 30, 1981, P.L. 97-12, rescinding certain budget authority, and for other purposes, did not affect the Capitol Police force, however, Sec. 401, Title IV, amended clause (c) of section 101 and clause (c) of section 102 of the joint resolution of December 16, 1980, (P.L. 96-536) by striking out "June 5, 1981" and inserting in lieu thereof "September 30, 1981.60 (see supra 94 Stat. 3166, 3169).

The Joint Resolution of October 1, 1981 (H.J. Res. 325), P.L. 9751, made continuing appropriations for the fiscal year 1982. Sec. 101(c) of the resolution provided:

Notwithstanding the provisions of sections 102 and 106 of this joint resolution, such amounts as may be necessary for continuing projects and activities under all the conditions and to the extent and in manner as provided in H.R. 4120, entitled the Legislative Branch Appropriation Act, 1982, as reported July 9, 1981; and the provisions of H.R. 4120 shall be effective as if enacted into law; except that the provisions of section 305 (a), (b), and (d) of H.R. 4120 shall apply to any appropriation, fund or authority made available for the period October 1, 1981, through November 20, 1981, by this or any other Act.61 (see infra 95 Stat. 1098).

Further, under Sec. 101(c) the following language appeared: "For purposes of this subsection, H.R. 4120, as reported July 9, 1981, shall be treated as appropriating the following amounts: . 'Capitol Police,' 'General Expenses,' $887,000. . . .62 Sec. 102 of the resolution noted:

Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from October 1, 1981, and shall remain available

58 94 Stat. 1851, 1852, 1853, 1854.

59 94 Stat. 3166, 3169.

60 95 Stat. 95.

61 95 Stat. 959.

62 95 Stat. 960. See also U.S. Congress. House. Committee on Appropriations. Legislative Branch Appropriation Bill, 1982. Report to Accompany H.R. 4120. House Report No. 97-170, 97th Cong. 1st Sess. Washington, U.S. Govt. Print. Off., 1981, p. 20, 45. The Committee recommended, in the report, that the sum of $887,000 be used for supplies, materials, equipment, training and other expenses of the Capitol Police force during the next fiscal year. Another Committee recommendation was: "To enable the Capitol Police Board to provide additional protection for the Capitol Buildings and grounds, including the Senate and House Office Buildings and the Capitol Power Plant, such amounts as appropriated for Fiscal Year 1981 that remain available on September 30, 1981, shall be available for obligations of Fiscal Year 1982, to be disbursed by the Clerk of the House. Such sum shall be expended only for payment of salaries and other expenses of personnel detailed from the Metropolitan Police of the District of Colum

until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable Appropriation Act by both Houses without any provision for such project or activity, or (c) November 20, 1981, whichever first occurs. 63

Sec. 116, of the resolution, abolished all statutory positions in the Office of the Sergeant at Arms and Doorkeeper of the Senate, and authorized the Sergeant at Arms and Doorkeeper of the Senate to establish such number of positions as he deemed appropriate and fix the compensation of employees to fill the positions so established, the the following extent:

Effective October 1, 1981, all statutory positions in the Office of the Sergeant at Arms and Doorkeeper of the Senate (other than the positions of the Sergeant at Arms and Doorkeeper of the Senate, Deputy Sergeant at Arms and Doorkeeper, and Administrative Assistant) are abolished, and in lieu of the positions hereby abolished the Sergeant at Arms and Doorkeeper of the Senate is authorized to establish such number of positions as he deems appropriate and appoint and fix the compensation of employees to fill the positions so established; except that the annual rate of compensation payable to any employee appointed to fill any position established by the Sergeant at Arms and Doorkeeper of the Senate shall not, for any period of time, be in excess of $1,000 less than the annual rate of compensation of the Sergeant at Arms and Doorkeeper of the Senate for that period of time; and except nothing in this section shall be construed to affect any position authorized by statute, if the compensation for such position is to be paid from the contingent fund of the Senate. 64

The Joint Resolution of November 23, 1981 (H.J. Res. 368), P.L. 97-85, making further continuing appropriations for the fiscal year 1982, amended clauses (c) of sections 101 and 102 of the joint resolution of October 1, 1981 (Public Law 97-51, supra 95 Stat. 959 and 961) by striking out "November 20, 1981" and inserting in lieu thereof "December 15, 1981." 65

On December 29, 1981, an Act to amend the Act of July 31, 1946, as amended (40 U.S.C. 193a) became Public Law 97-143, as follows:

PUBLIC LAW 97-143, 97TH CONGRESS

An Act To amend the Act of July 31, 1946, as amended (40 U.S.C. 193a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) 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, as amended (40 U.S.C. 193a), is amended by inserting immediately after section 9 thereof the following new section:

"SEC. 9A. (a) Subject to the direction of the Capitol Police Board, the United States Capitol Police is authorized to protect, in any area of the United States, the person of any Member of Congress, officer of the Congress, as defined in section 431 of the Act of October 26, 1970 (2 U.S.C. 60-1(b)), and any member of the immediate family of any such Member or officer, if the Capitol Police Board determines such protection to be necessary.

"(b) In carrying out its authority under this section, the Capitol Police Board, or its designee, is authorized, in accordance with regulations issued by the Board pursuant to this section, to detail, on a case-by-case basis, members of the United States Capitol Police to provide such protection as the Board may determine necessary under this section.

"(c) In the performance of their protective duties under this section, members of the United States Capitol Police are authorized (1) to make arrests without warrant

63 95 Stat. 961.

64 95 Stat. 963, 964. See also U.S. Congress. Senate. Committee on Appropriations. Legislative Branch Appropriations, Fiscal Year 1982. Hearings, 97th Cong. 2d Sess. Washington, Govt. Print. Off. 1982. p. 88. Twenty positions were added to the Senate Police Force. See also Appendix A and C.

for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony, and (2) to utilize equipment and property of the Capitol Police.

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(d) Whoever knowingly and willfully obstructs, resists, or interferes with a member of the Capitol Police engaged in the performance of the protective functions authorized by this section, shall be fined not more than $300 or imprisoned not more than one year, or both.

"(e) Nothing contained in this section shall be construed to imply that the authority, duty, and function conferred on the Capitol Police Board and the United States Capitol Police are in lieu of or intended to supersede any authority, duty, or function imposed on any Federal department, agency, bureau, or other entity, or the Metropolitan Police of the District of Columbia, involving the protection of any such Member, officer, or family member.

"(f) As used in this section, the term 'United States' means each of the several States of the United States, the District of Columbia, and territories and possessions of the United States.".

(b) Section 1114 of title 18, United States Code, is amended by inserting immediately after "any officer or employee of the Secret Service or of the Drug Enforcement Administration," the following: "any officer or member of the United States Capitol Police".

Approved December 29, 1981.66

The Supplemental Appropriations Act of September 10, 1982, for the fiscal year ending September 30, 1982 (P.L. 97-257) affected the Capitol Police to the following extent:

Section 101(c) of Public Law 97-51 is amended by inserting before the second semicolon the following: "except that in applying the provisions under the 'Capitol Police Board' the term for obligations for fiscal years 1982 and 1983' shall be substituted for the term 'for obligations of Fiscal Year 1982' and" 67 (see supra 95 Stat. 959).

The Joint Resolution of October 2, 1982 (H.J. Res. 599), P.L. 97276, making continuing appropriations for the fiscal year 1983, included the following language:

SEC. 101. (e) Notwithstanding section 102 of this joint resolution such amounts as may be necessary for continuing projects and activities under all the conditions and to the extent and in the manner as provided in S. 2939, entitled the Legislative Branch Appropriation Act, as reported September 22, 1982, and the provisions of S. 2939 shall be effective as if enacted into law; . . .68

Although the House Legislative Branch Appropriation Bill for 1983, H.R. 7073, was not included in the language of P.L. 97-276, in the Senate Report No. 97-573 (to accompany S. 2939) the following language appeared at page 3:

Traditionally, the Senate has permitted the House to initiate appropriation bills, and has taken action on House-passed bills. For the past 2 years, however, the House has not taken action on Legislative Branch appropriations bills reported by the House Committee on Appropriations. This year, the delays surrounding the adoption of the first concurrent budget resolution and resulting reconciliation measures precluded the House from taking up all but a very few appropriations measures. Under these circumstances, the Committee is constrained to proceed with its own bill.

Throughout the report, reference is made to the House allowance. This refers to the amount recommended in H.R. 7073, reported from the Committee on Appropriations on September 9, 1982.

66 95 Stat. 1723, 1724.

67 96 Stat. 818, 851.

68 96 Stat. 1186, 1189. See also U.S. Congress. Senate. Committee on Appropriations. Legislative Branch Appropriation Bill, 1983. Report to accompany S. 2939. Sept. 22, 1982. Senate Report No. 97-573, 97th Cong., 2d Sess. Washington, U.S. Govt. Print. Off., 1982. p. 3, 10, 22, 24; and U.S. Congress. House. Committee on Appropriations. Legislative Branch Appropriation Bill, 1983. Report to Accompany H.R. 7073. Sept. 9, 1982. House Report No. 97-801, 97th Cong., 2d Sess. Washington, U.S. Govt. Print. Off., 1982. p. 2, 17, 37, 41.

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