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Volume 81 · 276

Public Law 90–108

To provide more effectively for the regulation of the use of. and for the preservation of safety and order within, the United States Capitol Buildings and the United States Capitol Grounds, and for other purposes.

Approved October 20, 1967

Statutory text

AN ACT

To provide more effectively for the regulation of the use of. and for the preservation of safety and order within, the United States Capitol Buildings and 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

(a)

the first section of 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 (60 Stat. 718; 40 U.S.C. 193a; D.C. Code 9—118), is amended by—

(1)

inserting therein, immediately after the words “book 127, page 8,”, the words “including all additions added thereto by law subsequent to June 25, 1946,”; and

(2)

striking out the words “as defined on the aforementioned map”.

(b)

Section 6 of that Act (40 U.S.C. 193f; D.C. Code 9–123) is amended to read as follows:

“Sec. 6.

(a)

It shall be unlawful for any person or group of persons—

“(1)

Except as authorized by regulations which shall be promulgated by the Capitol Police Board:

“(A)

to carry on or have readily accessible to the person of any individual upon the United States Capitol Grounds or within any of the Capitol Buildings any firearm, dangerous weapon, explosive, or incendiary device; or

“(B)

to discharge any firearm or explosive, to use any dangerous weapon, or to ignite any incendiary device, upon the United States Capitol Grounds or within any of the Capitol Buildings; or

“(C)

to transport by any means upon the United States Capitol Grounds or within any of the Capitol Buildings any explosive or incendiary device; or

“(2)

Knowingly, with force and violence, to enter or to remain upon the floor of either House of the Congress.

“(b)

It shall be unlawful for any person or group of persons willfully and knowingly—

“(1)

to enter or to remain upon the floor of either House of the Congress, to enter or to remain in any cloakroom or lobby adjacent to such floor, or to enter or to remain in the Rayburn Room of the House or the Marble Room of the Senate, unless such person is authorized, pursuant to rules adopted by that House or pursuant to authorization given by that House, to enter or to remain upon such floor or in such cloakroom, lobby, or room;

“(2)

to enter or to remain in the gallery of either House of the Congress in violation of rules governing admission to such gallery adopted by that House or pursuant to authorization given by that House;

“(3)

to enter or to remain in any room within any of the Capitol Buildings set aside or designated for the use of either House of the Congress or any Member, committee, subcommittee, officer, or employee of the Congress or either House thereof with intent to disrupt the orderly conduct of official business;

“(4)

to utter loud, threatening, or abusive language, or to engage in any disorderly or disruptive conduct, at any place upon the United States Capitol Grounds or within any of the Capitol Buildings with intent to impede, disrupt, or disturb the orderly conduct of any session of the Congress or either House thereof, or the orderly conduct within any such building of any hearing before, or any deliberations of, any committee or subcommittee of the Congress or either House thereof;

“(5)

to obstruct, or to impede passage through or within, the United States Capitol Grounds or any of the Capitol Buildings;

“(6)

to engage in any act of physical violence upon the United States Capitol Grounds or within any of the Capitol Buildings; or

“(7)

to parade, demonstrate, or picket within any of the Capitol Buildings.

“(c)

Nothing contained in this section shall forbid any act of any Member of the Congress, or any employee of a Member of the Congress, any officer or employee of the Congress or any committee or subcommittee thereof, or any officer or employee of either House of the Congress or any committee or subcommittee thereof, which is performed in the lawful discharge of his official duties.”

(c)

Section 8 of that Act (40 U.S.C. 193h; D.C. Code 9–125) is

Violations, penalties and prosecution proceedings.

amended to read as follows:

“Sec. 8.

(a)

Any violation of section 6(a) of this Act, and any attempt to commit any such violation, shall be a felony punishable by a fine not exceeding $5,000, or imprisonment not exceeding five years, or both.

“(b)

Any violation of section 2, 3, 4, 5, 6(b), or 7 of this Act, and any attempt to commit any such violation, shall be a misdemeanor punishable by a fine not exceeding $500, or imprisonment not exceeding six months, or both.

“(c)

Violations of this Act, including attempts or conspiracies to commit such violations, shall be prosecuted by the United States attorney or his assistants in the name of the United States. None of the general laws of the United States and none of the laws of the District of Columbia shall be superseded by any provision of this Act. Where the conduct violating this Art also violates the general laws of the United States or the laws of the District of Columbia, both violations may be joined in a single prosecution. Prosecution for any violation of section 6(a) or for conduct which constitutes a felony under the general laws of the United States or the laws of the District of Columbia shall be in the United States District Court for the District of Columbia. All other prosecutions for violations of this Act may be in the District of Columbia Court of General Sessions. Whenever any person is convicted of a violation of this Act and of the general laws of the United States or the laws of the District of Columbia, in a prosecution under this subsection, the penalty which may be imposed for such violation is the highest penalty authorized by any of the laws for violation of which the defendant is convicted.”

(d)

Section 16(a) of that Act (40 U.S.C. 193m; D.C. Code 9–132)

Definitions.

60 Stat. 721.

is amended to read as follows:

“Sec. 16.

(a)

As used in this Act—

“(1)

The term ‘Capitol Buildings’ means the United States Capitol, the Senate and House Office Buildings and garages, the Capitol Power Plant, all subways and enclosed passages connecting two or more of such structures, and the real property underlying and enclosed by any such structure.

“(2)

The term ‘firearm’ shall have the same meaning as when used in section 1(3) of the Federal Firearms Act (52 Stat. 1252, as amended; 15 U.S.C. 901 (3)).

“(3)

The term ‘dangerous weapon’ includes all articles enumerated in section 14(a) of the Act of July 8, 1932 (47 Stat. 654, as amended; D.C. Code 22–3214(a)) and also any device designed to

67 Stat. 94.

expel or hurl a projectile capable of causing injury to persons or property, daggers, dirks, stilettoes, and knives having blades over three inches in length.

“(4)

The term ‘explosive’ shall have the same meaning as when used in section 1(1) of the Act of October 6, 1917 (40 Stat. 385, as amended; 50 U.S.C. 121).

55 Stat. 863.

“(5)

The term ‘act of physical violence’ means any act involving (1) an assault or any other infliction or threat of infliction of death or bodily harm upon any individual, or (2) damage to or destruction of any real property or personal property.”

Sec. 2.

Section 15 of the Act of July 29, 1892 (27 Stat. 325; 40 U.S.C. 101; D.C. Code 4–120, 22–3111), is amended by deleting “shall, upon conviction thereof, be fined not more than $50.”, and inserting in lieu thereof: “shall be fined not more than $500, or imprisoned not more than six months, or both.”

Sec. 3.

Prosecutions for violations of the Act of July 31, 1946 (60 Stat. 718; 40 U.S.C. 193a et seq.; D.C. Code 9–118 et seq.) and of section 15 of the Act of July 29, 1892 (27 Stat. 325; D.C. Code 4–120, 22–3111), occurring prior to the enactment of these amendments shall not be affected by these amendments or abated by reason thereof. The provisions of this Act shall be applicable to violations occurring after its enactment.

Approved October 20, 1967, 11:29 p.m.

Parsed from the official Statutes at Large USLM XML in 81.xml