CHAPTER 28 —ARCHITECT OF THE CAPITOL
SUBCHAPTER I—GENERAL
SUBCHAPTER II—GENERAL POWERS AND DUTIES
SUBCHAPTER III—PERSONNEL
Part A—General
Part B—Compensation
SUBCHAPTER IV—APPROPRIATIONS AND EXPENDITURES
SUBCHAPTER V—CAPITOL-FLOWN FLAGS FOR FAMILIES OF FALLEN HEROES
SUBCHAPTER I—GENERAL
§1801. Repealed. Pub. L. 118–31, div. E, title LVII, §5702(d)(1), Dec. 22, 2023, 137 Stat. 960
Section,
Editorial Notes
Codification
Section was classified to section 162–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Prior Provisions
Act Aug. 15, 1876, ch. 287,
Act Mar. 2, 1867, ch. 167, §2,
Act Sept. 30, 1850, ch. 90, §1,
Act Mar. 3, 1829, ch. 51, §2,
Act May 2, 1828, ch. 45, §3,
Statutory Notes and Related Subsidiaries
Change of Name
The name of Superintendent of the Capitol Building and Grounds was changed to Architect of the Capitol by Act Mar. 3, 1921, ch. 124,
The name of Architect of the Capitol was changed to Superintendent of the Capitol Building and Grounds, by act Feb. 14, 1902, ch. 17,
Effective Date of Repeal
Repeal applicable with respect to appointments made on or after Dec. 22, 2023, see
Short Title of 2023 Amendment
Short Title of 2016 Amendment
Comprehensive Management Study and Response
Accounting and Financial Management System
§1801a. Appointment and term of service of Architect of the Capitol
(a) Appointment
The Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the "commission") consisting of the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate.
(b) Term of service
The Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms.
(c) Removal
The Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission.
(d) Omitted
(e) Effective date
This section, and the amendments made by this section, shall apply with respect to appointments made on or after December 22, 2023.
(
Editorial Notes
References in Text
For the amendments made by this section, referred to in subsec. (e), see Codification note below.
Codification
Section is comprised of section 5702 of
§1802. Compensation
The compensation of the Architect of the Capitol shall be at an annual rate which is equal to the annual rate of basic pay for level II of the Executive Schedule under
(
Editorial Notes
Codification
Section was classified to section 162a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Prior Provisions
Prior provisions prescribing the annual rate of compensation of the Architect of the Capitol were contained in the following prior sections 162a of former Title 40, Public Buildings, Property, and Works:
Acts Oct. 15, 1949, ch. 695, §5(a),
Amendments
2022—
2019—
2001—
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Effective Date of 2019 Amendment
Amendment by
Effective Date of 2001 Amendment
Effective Date
Salary Increases
1987—Salary of Architect increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under
1977—Salary of Architect increased to $50,000 per annum, on recommendation of the President of the United States, see note set out under
1969—Salary of Architect increased to $38,000 per annum, on recommendation of the President of the United States, see note set out under
§1803. Delegation of authority
The Architect of the Capitol may delegate the duties and authorities of the Architect to officers and employees of the Office of the Architect of the Capitol, as the Architect determines appropriate.
(Aug. 5, 1955, ch. 568,
Editorial Notes
Codification
Section was classified to section 163b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is from the Legislative Branch Appropriation Act, 1956.
Amendments
2020—
2003—
§1804. Repealed. Pub. L. 118–31, div. E, title LVII, §5704(d), Dec. 22, 2023, 137 Stat. 962
Section,
Editorial Notes
Codification
Section was classified to section 164a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
June 27, 1956, ch. 453,
Aug. 5, 1955, ch. 568,
July 2, 1954, ch. 455, title I,
Aug. 1, 1953, ch. 304, title I,
July 9, 1952, ch. 598,
Oct. 11, 1951, ch. 485,
Sept. 6, 1950, ch. 896, Ch. II,
June 22, 1949, ch. 235,
June 14, 1948, ch. 467,
July 17, 1947, ch. 262,
July 1, 1946, ch. 530,
May 18, 1946, ch. 263, title I,
June 13, 1945, ch. 189,
June 26, 1944, ch. 277, title I,
June 28, 1943, ch. 173, title I,
June 8, 1942, ch. 396,
July 1, 1941, ch. 268,
June 18, 1940, ch. 396,
June 16, 1939, ch. 208,
May 17, 1938, ch. 236,
May 18, 1937, ch. 223,
Apr. 17, 1936, ch. 233,
July 8, 1935, ch. 374,
May 30, 1934, ch. 372,
Feb. 28, 1933, ch. 134,
June 30, 1932, ch. 314,
Feb. 20, 1931, ch. 234,
June 6, 1930, ch. 407,
§1805. Deputy Architect of the Capitol
(a) Establishment of Deputy Architect of the Capitol
The Architect of the Capitol (in this section referred to as the "Architect") shall appoint a suitable individual to be the Deputy Architect of the Capitol (in this section referred to as the "Deputy Architect"). The Architect may delegate to the Deputy Architect such duties as the Architect determines are necessary or appropriate.
(b) Deadline
The Architect shall appoint a Deputy Architect under subsection (a) not later than 120 days after—
(1) the date on which the Architect is appointed under
(2) the date on which a vacancy arises in the office of the Deputy Architect.
(c) Compensation
The Deputy Architect shall be paid at an annual rate of pay to be determined by the Architect but not to exceed $1,500 less than the annual rate of pay for the Architect.
(d) Failure to appoint
If the Architect does not appoint a Deputy Architect on or before the applicable date specified in subsection (b), the congressional commission described in
(e) Notification
If the position of Deputy Architect becomes vacant, the Architect shall immediately notify the members of the congressional commission described in
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of
Amendments
2023—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
2020—
Subsec. (a).
Subsecs. (b) to (h).
Subsecs. (i), (j).
2010—Subsec. (e)(3).
2004—Subsecs. (f), (j).
2003—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Effective Date of 2003 Amendment
§1805a. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy
(a) In general
The Deputy Architect of the Capitol (in this section referred to as the "Deputy Architect") shall act as Architect of the Capitol (in this section referred to as the "Architect") if the Architect is absent or disabled or there is no Architect.
(b) Absence, disability, or vacancy in Office of Deputy Architect
For purposes of subsection (a), if the Deputy Architect is also absent or disabled or there is no Deputy Architect, the congressional commission described in
(1) the end of the absence or disability of the Architect or the Deputy Architect; or
(2) in the case of vacancies in both positions, an Architect has been appointed under
(c) Authority
An officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with
(
Editorial Notes
Codification
Section is comprised of section 5704 of
§1806. Repealed. Pub. L. 110–437, title II, §202(e)(2), Oct. 20, 2008, 122 Stat. 4987
Section,
§1807. Repealed. Pub. L. 110–437, title II, §204(b)(2), Oct. 20, 2008, 122 Stat. 4988
Section,
§1808. Inspector General of the Architect of the Capitol
(a) Short title
This section may be cited as the "Architect of the Capitol Inspector General Act of 2007".
(b) Office of Inspector General
There is an Office of Inspector General within the Office of the Architect of the Capitol which is an independent objective office to—
(1) conduct and supervise audits and investigations relating to the Architect of the Capitol;
(2) provide leadership and coordination and recommend policies to promote economy, efficiency, and effectiveness; and
(3) provide a means of keeping the Architect of the Capitol and the Congress fully and currently informed about problems and deficiencies relating to the administration of programs and operations of the Architect of the Capitol.
(c) Appointment of Inspector General; supervision; removal; pay; limits on bonuses; counsel
(1) Appointment and supervision
(A) In general
There shall be at the head of the Office of Inspector General, an Inspector General who shall be appointed by the Architect of the Capitol, in consultation with the Inspectors General of the Library of Congress, Government Publishing Office, Government Accountability Office, and United States Capitol Police. The appointment shall be made without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Inspector General shall report to, and be under the general supervision of, the Architect of the Capitol.
(B) Audits, investigations, reports, and other duties and responsibilities
The Architect of the Capitol shall have no authority to prevent or prohibit the Inspector General from—
(i) initiating, carrying out, or completing any audit or investigation;
(ii) issuing any subpoena during the course of any audit or investigation;
(iii) issuing any report; or
(iv) carrying out any other duty or responsibility of the Inspector General under this section.
(2) Removal or transfer
(A) In general
The Inspector General may be removed from office, or transferred to another position within, or another location of, the Office of the Architect of the Capitol, by the Architect of the Capitol.
(B) Notice
Not later than 30 days before the Architect of the Capitol removes or transfers the Inspector General under subparagraph (A), the Architect of the Capitol shall communicate in writing the reason for the removal or transfer to—
(i) the Committee on House Administration and the Committee on Appropriations of the House of Representatives; and
(ii) the Committee on Rules and Administration and the Committee on Appropriations of the Senate.
(C) Applicability
Nothing in this paragraph shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.
(3) Compensation
The Inspector General shall be paid at an annual rate of pay equal to $1,500 less than the annual rate of pay of the Architect of the Capitol.
(4) No bonuses
The Inspector General may not receive any cash award or cash bonus, including a cash award under
(5) Counsel
The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Office of the Architect of the Capitol, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.
(d) Duties, responsibilities, authority, and reports
(1) In general
Sections 404, 405 (other than subsections (b)(13) and (f)(1)(B) thereof), 406 (other than subsection (a)(7) and (8) thereof), and 407 of title 5 shall apply to the Inspector General of the Architect of the Capitol and the Office of such Inspector General and such sections shall be applied to the Office of the Architect of the Capitol and the Architect of the Capitol by substituting—
(A) "Office of the Architect of the Capitol" for "establishment"; and
(B) "Architect of the Capitol" for "head of the establishment".
(2) Employees
(A) In general
The Inspector General, in carrying out this section, is authorized, without the supervision or approval of any other employee, office, or other entity within the Office of the Architect of the Capitol, to select, appoint, and employ such officers and employees (including consultants) as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General subject to the provisions of law governing selections, appointments, and employment in the Office of the Architect of the Capitol.
(B) Security and suitability
Appointments under the authority under subparagraph (A) shall be made consistent with personnel security and suitability requirements.
(C) Consultants
Any appointment of a consultant under the authority under subparagraph (A) shall be made consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).1
(3) Law enforcement authority
(A) In general
Subject to subparagraph (B), any supervisory special agent under the Inspector General and any special agent supervised by such a supervisory special agent is authorized to—
(i) make an arrest without a warrant while engaged in official duties as authorized under this section or any other statute for any offense against the United States committed in the presence of such supervisory special agent or special agent, or for any felony cognizable under the laws of the United States if such supervisory special agent or special agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony;
(ii) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed; and
(iii) carry a firearm while engaged in official duties as authorized under this section or any other statute.
(B) Requirements to exercise authority
(i) Required certification
(I) In general
In order to exercise the authority under subparagraph (A), a supervisory special agent or a special agent supervised by such a supervisory special agent shall certify that he or she—
(aa) is a citizen of the United States;
(bb) has successfully completed a basic law enforcement training program or military or other equivalent; and
(cc) is not prohibited from receiving a firearm under Federal law, including under
(II) Additional requirements
After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under subclause (I), as determined appropriate by the Inspector General.
(ii) Maintenance of requirements
The Inspector General shall maintain firearms-related requirements (including quarterly firearms qualifications) and use of force training requirements that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in accordance with the Council of the Inspectors General on Integrity and Efficiency use of force policies, which incorporate Department of Justice guidelines.
(iii) Eligibility determination
(I) In general
The Inspector General shall—
(aa) determine whether an individual meets the requirements under this paragraph; and
(bb) revoke any authority granted to an individual under subparagraph (A) if the individual is not in compliance with the requirements of this paragraph.
(II) Reauthorization
The Inspector General may reauthorize an individual to exercise the authority granted under subparagraph (A) if the Inspector General determines the individual has achieved compliance with the requirements under this paragraph.
(III) Limitation on appeal
A revocation of the authority granted under subparagraph (A) shall not be subject to administrative, judicial, or other review, unless the revocation results in an adverse action. Such an adverse action may, at the election of the applicable individual, be reviewed in accordance with the otherwise applicable procedures.
(C) Semiannual certification of program
(i) In general
Before the first grant of authority under subparagraph (A), and semiannually thereafter as part of the report under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.),1 the Inspector General shall submit to the appropriate committees of Congress a written certification that adequate internal safeguards and management procedures exist that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in compliance with standards established by the Council of the Inspectors General on Integrity and Efficiency, which incorporate Department of Justice guidelines, to ensure proper exercise of the powers authorized under this paragraph.
(ii) Suspension of authority
The authority granted under this paragraph (including any grant of authority to an individual under subparagraph (A), without regard to whether the individual is in compliance with subparagraph (B)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under clause (i) of this subparagraph or subparagraph (D). Any suspension of authority under this clause shall be reported to the appropriate committees of Congress.
(D) Peer review
To ensure the proper exercise of the law enforcement powers authorized under this paragraph, the Office of Inspector General shall submit to and participate in the external review process established by the Council of the Inspectors General on Integrity and Efficiency for ensuring that adequate internal safeguards and management procedures continue to exist. Under the review process, the exercise of the law enforcement powers by the Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the Inspector General, the Council of the Inspectors General on Integrity and Efficiency, and the appropriate committees of Congress.
(E) Alleged misconduct
Any allegation of misconduct by an individual granted authority under subparagraph (A) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.
(F) Appropriate committees of Congress
In this paragraph, the term "appropriate committees of Congress" means—
(i) the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and
(ii) the Committee on House Administration and the Committee on Appropriations of the House of Representatives.
(4) Budget independence
The Architect of the Capitol shall include the annual budget request of the Inspector General in the budget of the Office of the Architect of the Capitol without change.
(e) Transfers
All functions, personnel, and budget resources of the Office of the Inspector General of the Architect of the Capitol as in effect before the effective date of this section are transferred to the Office of Inspector General described under subsection (b).
(f) References
References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Inspector General of the Architect of the Capitol shall be deemed to refer to the Inspector General as set forth under this section.
(g) First appointment
By the date occurring 180 days after December 26, 2007, the Architect of the Capitol shall appoint an individual to the position of Inspector General of the Architect of the Capitol described under subparagraph (A) of subsection (c)(1) in accordance with that subparagraph.
(h) Effective date
(1) In general
Except as provided under paragraph (2), this section shall take effect 180 days after December 26, 2007, and apply with respect to fiscal year 2008 and each fiscal year thereafter.
(2) First appointment
Subsection (g) shall take effect on December 26, 2007, and the Architect of the Capitol shall take such actions as necessary after December 26, 2007, to carry out that subsection.
(
Editorial Notes
References in Text
Sections 5 and 6(a)(8) of the Inspector General Act of 1978, referred to in subsec. (d)(2)(C), (3)(C)(i), are sections 5 and 6(a)(8) of
Codification
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
Amendments
2022—Subsec. (d)(1).
2019—Subsec. (c).
Subsec. (c)(2).
Subsec. (c)(4), (5).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (c)(1)(A) on authority of section 1301(b) of
1 See References in Text note below.
SUBCHAPTER II—GENERAL POWERS AND DUTIES
§1811. Powers and duties
The Architect of the Capitol shall perform all the duties relative to the Capitol Building performed prior to August 15, 1876, by the Commissioner of Public Buildings and Grounds: Provided, That no change in the architectural features of the Capitol Building or in the landscape features of the Capitol Grounds shall be made except on plans to be approved by Congress.
(Aug. 15, 1876, ch. 287,
Editorial Notes
Codification
Section was classified to section 162 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is a composite of the acts of Aug. 15, 1876, and Feb. 14, 1902, cited in the credits.
Amendments
2023—
Statutory Notes and Related Subsidiaries
Change of Name
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former
Effective Date of 2023 Amendment
Amendment by
Transfer to Architect of the Capitol
"(a)
"(b)
Acquisition of Property by Architect of the Capitol
§1812. Care and superintendence of Capitol
The Architect of the Capitol shall on and after March 3, 1977, have the care and superintendence of the Capitol, including lighting. His office shall be in the Capitol Building.
(Aug. 15, 1876, ch. 287,
Editorial Notes
Codification
Section was classified to section 163 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
The first sentence of this section is from act Mar. 3, 1877. The second sentence of this section is from act Aug. 15, 1876, popularly known as the "Sundry Civil Appropriation Act".
Prior Provisions
Provisions similar to those comprising the first sentence of this section were contained in act Aug. 15, 1876, ch. 287,
Amendments
1951—Act Oct. 31, 1951, struck out ", and shall submit through the Secretary of the Interior estimates thereof" at end of first sentence.
Statutory Notes and Related Subsidiaries
Change of Name
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former
§1813. Exterior of Capitol
On and after July 7, 1884, it shall be the duty of the Architect to clean and keep in proper order the exterior of the Capitol.
(July 7, 1884, ch. 332,
Editorial Notes
References in Text
The Architect, referred to in text, means the Architect of the Capitol.
Codification
Section was classified to section 163a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is from the Sundry Civil Appropriation Act July 7, 1884, fiscal year 1885.
§1814. Repairs of Capitol
All improvements, alterations, additions, and repairs of the Capitol Building shall be made by the direction and under the supervision of the Architect of the Capitol.
(R.S. §1816; Feb. 14, 1902, ch. 17,
Editorial Notes
Codification
Section was classified to section 166 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
R.S. §1816 derived from Res. Apr. 16, 1862, No. 28,
Provision of R.S. §1816 relating to purchase of furniture or carpets for House or Senate is classified to
Amendments
1951—Act Oct. 31, 1951, struck out requirement that such improvements, etc., should be paid for by Secretary of the Interior out of appropriations for Capitol extension, and from no other appropriation.
Statutory Notes and Related Subsidiaries
Change of Name
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former
Conditions for Use of Certain Telecommunications Systems and Services by Agency of Legislative Branch
"(a) Hereafter, notwithstanding any other provision of law, any agency of the legislative branch is authorized to use telecommunications systems and services provided by the Architect of the Capitol or the House of Representatives or the Senate under the approved plan required by section 305 of
"(1) have been acquired competitively; and
"(2) in the case of long distance service, have been determined by the Architect of the Capitol to be at least equal in quality to, and not greater in cost than, the systems and services available under the procurement conducted by the Administrator of General Services known as 'FTS2000'.
"(b) As used in this section, the term 'agency of the legislative branch' means the office of the Architect of the Capitol, the Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office."
Similar provisions were contained in the following prior appropriations acts:
Development of Overall Plan for Satisfying Telecommunications Requirements of Agencies of Legislative Branch
"(a) The Architect of the Capitol, in consultation with the heads of the agencies of the legislative branch, shall develop an overall plan for satisfying the telecommunications requirements of such agencies, using a common system architecture for maximum interconnection capability and engineering compatibility. The plan shall be subject to joint approval by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, and, upon approval, shall be communicated to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. No part of any appropriation in this Act or any other Act shall be used for acquisition of any new or expanded telecommunications system for an agency of the legislative branch, unless, as determined by the Architect of the Capitol, the acquisition is in conformance with the plan, as approved.
"(b) As used in this section—
"(1) the term 'agency of the legislative branch' means the Office of the Architect of the Capitol, the Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office; and
"(2) the term 'telecommunications system' means an electronic system for voice, data, or image communication, including any associated cable and switching equipment.
"(c) This section shall apply with respect to fiscal years beginning after September 30, 1992."
Similar provisions were contained in the following prior appropriations acts:
§1815. Repealed. Pub. L. 109–58, title I, §101(c), Aug. 8, 2005, 119 Stat. 606
Section,
Editorial Notes
Codification
Section was classified to section 166i of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1816. Construction contracts
(a) Liquidated damages
The Architect of the Capitol may not enter into or administer any construction contract with a value greater than $50,000 unless the contract includes a provision requiring the payment of liquidated damages in the amount determined under subsection (b) in the event that completion of the project is delayed because of the contractor.
(b) Amount of payment
The amount of payment required under a liquidated damages provision described in subsection (a) shall be equal to the product of—
(1) the daily liquidated damage payment rate; and
(2) the number of days by which the completion of the project is delayed.
(c) Daily liquidated damage payment rate
(1) In general
In subsection (b), the "daily liquidated damage payment rate" means—
(A) $140, in the case of a contract with a value greater than $50,000 and less than $100,000;
(B) $200, in the case of a contract with a value equal to or greater than $100,000 and equal to or less than $500,000; and
(C) the sum of $200 plus $50 for each $100,000 increment by which the value of the contract exceeds $500,000, in the case of a contract with a value greater than $500,000.
(2) Adjustment in rate permitted
Notwithstanding paragraph (1), the daily liquidated damage payment rate may be adjusted by the contracting officer involved to a rate greater or lesser than the rate described in such paragraph if the contracting officer makes a written determination that the rate described does not accurately reflect the anticipated damages which will be suffered by the United States as a result of the delay in the completion of the contract.
(d) Effective date
This section shall apply with respect to contracts entered into during fiscal year 2002 or any succeeding fiscal year.
(
Editorial Notes
Codification
Section was classified to section 166j of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1816a. Design-build contracts
(a) Notwithstanding any other provision of law, the Architect of the Capitol may use the two-phase selection procedures authorized in
(b) This section shall apply with respect to fiscal year 2008 and each succeeding fiscal year.
(
Editorial Notes
Codification
In subsec. (a), "
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
§1816b. Architect of the Capitol, authority for personal services contracts with legal entities
Notwithstanding any other provision of law, the Architect of the Capitol is authorized to contract for personal services with any firm, partnership, corporation, association, or other legal entity in the same manner as he is authorized to contract for personal services with individuals under the provisions of
(
Editorial Notes
Codification
In text, "
Section was classified to section 6a–2 of former Title 41, prior to the enactment of Title 41, Public Contracts, by
Statutory Notes and Related Subsidiaries
Authorizing Payments Under Service Contracts During the Coronavirus Emergency
"(a)
"(b)
"(c)
[For definition of "coronavirus" as used in section 19005 of
§1817. Transfer of discontinued apparatus to other branches
The Architect of the Capitol may transfer apparatus, appliances, equipments, and supplies of any kind, discontinued or permanently out of service, to other branches of the service of the United States, or District of Columbia, whenever, in his judgment the interests of the Government service may require it.
(June 26, 1912, ch. 182, §11,
Editorial Notes
Codification
Section was classified to section 171 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is based on section 11 of act June 26, 1912, popularly known as the "District of Columbia Appropriation Act June 26, 1912, fiscal year 1913".
Prior Provisions
Act Mar. 2, 1911, ch. 192, §9,
Amendments
1951—Act Oct. 31, 1951, struck out "with the approval of the Secretary of the Interior," after "whenever,".
1928—Act May 29, 1928, struck out provision that required a transfer statement to be submitted in the annual report to Congress by the Superintendent of the Capitol Building and Grounds.
Statutory Notes and Related Subsidiaries
Change of Name
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former
§1817a. Disposition of surplus or obsolete personal property
(a) In general
The Architect of the Capitol shall have the authority, within the limits of available appropriations, to dispose of surplus or obsolete personal property by inter-agency transfer, donation, sale, trade-in, or discarding. Amounts received for the sale or trade-in of personal property shall be credited to funds available for the operations of the Architect of the Capitol and be available for the costs of acquiring the same or similar property. Such funds shall be available for such purposes during the fiscal year received and the following fiscal year.
(b) Effective date
This section shall apply with respect to fiscal year 2010, and each fiscal year thereafter.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of
§1818. Rental or lease of storage space
Notwithstanding any other provision of law, the Architect of the Capitol, with the approval of the House Office Building Commission and Senate Committee on Rules and Administration, is authorized to secure, through rental, lease, or other appropriate agreement, storage space in areas within the District of Columbia and its environs beyond the boundaries of the United States Capitol Grounds for use of the United States Senate, the United States House of Representatives, and the Office of the Architect of the Capitol, under such terms and conditions as such Commission and committee may authorize, and to incur any necessary incidental expenses in connection therewith.
(
Editorial Notes
Codification
Section was classified to section 166d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1819. Computer backup facilities for legislative offices
(a) Acquisition of buildings and facilities
The Architect of the Capitol is authorized, subject to the availability of appropriations, to acquire (through purchase, lease, or otherwise) buildings and facilities for use as computer backup facilities (and related uses) for offices in the legislative branch.
(b) Acquisition subject to approval
The acquisition of a building or facility under subsection (a) shall be subject to the approval of—
(1) the House Office Building Commission, in the case of a building or facility acquired for the use of an office of the House of Representatives;
(2) the Committee on Rules and Administration of the Senate, in the case of a building or facility acquired for the use of an office of the Senate; or
(3) the House Office Building Commission in the case of a building or facility acquired for the use of any other office in the legislative branch as part of a joint facility with (1) above, or the Committee on Rules and Administration of the Senate, in the case of a building or facility acquired for the use of any other office in the legislative branch as part of a joint facility with (2) above.
(c) United States Capitol grounds provisions applicable
Any building or facility acquired by the Architect of the Capitol pursuant to subsection (a) shall be a part of the United States Capitol Grounds and shall be subject to the provisions of
(d) Lease of buildings and facilities
In the case of a building or facility acquired through purchase pursuant to subsection (a), the Architect of the Capitol may enter into or assume a lease with another person for the use of any portion of the building or facility that the Architect of the Capitol determines is not required to be used to carry out the purposes of this section, subject to the approval of the entity which approved the acquisition of such building or facility under subsection (b).
(e) Effective date
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
(
Editorial Notes
References in Text
Codification
Section was classified to section 166k of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
2005—Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
§1820. Acquisition of real property for Capitol Police
(a) Authority for acquisition
Subject to the approval of the House Office Building Commission and the Senate Committee on Rules and Administration, the Architect of the Capitol is authorized to acquire (through purchase, lease, transfer from another Federal entity, or otherwise) real property, subject to the availability of appropriations and upon approval of an obligation plan by the Committees on Appropriations of the House and Senate, for the use of the United States Capitol Police.
(b) United States Capitol grounds provisions applicable
Any real property acquired by the Architect of the Capitol pursuant to subsection (a) shall be a part of the United States Capitol Grounds and shall be subject to the provisions of
(c) Effective date
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
(
Editorial Notes
References in Text
Codification
Section was classified to section 166m of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Statutory Notes and Related Subsidiaries
Acquisition of Property by Architect of the Capitol
"(a) Notwithstanding section 907(a) of
"(b) Any real property acquired by the Architect of the Capitol pursuant to subsection (a) shall be subject to the provisions 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 [
§1821. Small purchase contracting authority
(a) In general
To promote efficiency and economy in contracting and to avoid unnecessary burdens, the Architect of the Capitol is granted authority to utilize special simplified procedures for purchases of property and services the aggregate amount of which does not exceed $250,000. Notwithstanding any other provision of law—
(1)
(2) the Architect may procure services, equipment, and construction for security related projects in the most efficient manner he determines appropriate.
(b) Effective date
This section shall apply to fiscal year 2003 and each fiscal year thereafter.
(
Editorial Notes
Codification
In subsec. (a)(1), "
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of
Prior Provisions
Prior similar provisions were contained in
Amendments
2018—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
§1822. Leasing of space
(a) In general
Funds appropriated to the Architect of the Capitol shall be available—
(1) for the leasing of space in areas within the District of Columbia and its environs beyond the boundaries of the United States Capitol Grounds to meet space requirements of the United States Senate, United States House of Representatives, United States Capitol Police, and the Architect of the Capitol under such terms and conditions as the Committee or Commission referred to under subsection (b) may authorize; and
(2) to incur any necessary expense in connection with any leasing of space under paragraph (1).
(b) Conditions to lease space
The Architect of the Capitol may lease space under subsection (a) upon submission of written notice of intent to lease such space to, and approved by—
(1) the Committees on Appropriations and Rules and Administration of the Senate for space to be leased for the Senate;
(2) the Committee on Appropriations of the House of Representatives and the House Office Building Commission for space to be leased for the House of Representatives; and
(3) the Committees on Appropriations of the Senate and House of Representatives, for space to be leased for any other entity under subsection (a).
(c) Effective date
This section shall apply with respect to fiscal year 2004, and each fiscal year thereafter.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2004.
Amendments
2007—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
§1823. Acquisition of real property for Sergeant at Arms and Doorkeeper of the Senate
(1) The Architect of the Capitol may acquire (through purchase, lease, transfer from another Federal entity, or otherwise) real property, for the use of the Sergeant at Arms and Doorkeeper of the Senate to support the operations of the Senate—
(A) subject to the approval of the Committee on Rules and Administration of the Senate; and
(B) subject to the availability of appropriations and upon approval of an obligation plan by the Committee on Appropriations of the Senate.
(2) Subject to the approval of the Committee on Appropriations of the Senate, the Secretary of the Senate may transfer funds for the acquisition or maintenance of any property under paragraph (1) from the account under the heading "Senate, Contingent Expenses of the Senate, Sergeant at Arms and Doorkeeper of the Senate" to the account under the heading "Architect of the Capitol, Senate Office Buildings".
(3) This section shall apply with respect to fiscal year 2007 and each fiscal year thereafter.
(
Editorial Notes
Codification
Section is from the Continuing Appropriations Resolution, 2007.
§1823a. Acquisition of real property for Library of Congress
(a) Permitting leasing of space
Subject to the availability of funds, the Architect of the Capitol may acquire real property by lease for the use of the Library of Congress in any State or the District of Columbia if—
(1) the Architect of the Capitol and the Librarian of Congress submit a joint request for the Architect to lease the property to the Joint Committee on the Library and to the Committees on Appropriations of the House of Representatives and Senate; and
(2) the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate each approve the request.
(b) Transfer of funds
Subject to the approval of the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and the Senate, the Architect of the Capitol and the Librarian of Congress may transfer between themselves appropriations or other available funds to pay the costs incurred in acquiring real property pursuant to the authority of this section and the costs of necessary expenses incurred in connection with the acquisition of the property.
(c) Limit on obligations
No obligation entered into pursuant to the authority of this section shall be in advance of, or in excess of, available appropriations.
(d) Effective date
This section shall apply with respect to fiscal year 2009 and each succeeding fiscal year.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2009, which is div. G of the Omnibus Appropriations Act, 2009.
§1824. Energy and environmental measures in Capitol Complex Master Plan
(a) In general
To the maximum extent practicable, the Architect of the Capitol shall include energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures in the Capitol Complex Master Plan.
(b) Report
Not later than 6 months after December 19, 2007, the Architect of the Capitol shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Rules and Administration of the Senate, a report on the energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures included in the Capitol Complex Master Plan pursuant to subsection (a).
(
Statutory Notes and Related Subsidiaries
Effective Date
§1824a. Recyclable materials
(a) Collection and sale of recyclable materials
(1) Establishment of program
The Architect of the Capitol shall establish a program for the collection and sale of recyclable materials collected from or on the Capitol buildings and grounds, in accordance with the procedures applicable under subchapter III of
(2) Exclusion of materials subject to other programs
The program established under this section shall not apply with respect to any materials which are subject to collection and sale under—
(A)
(B)
(C)
(D) any other authorized program for the collection and sale of recyclable materials.
(b) Revolving fund
(1) In general
There is established in the Treasury a revolving fund for the Office of the Architect of the Capitol, which shall consist of—
(A) proceeds from the sale of recyclable materials under the program established under this section; and
(B) such amounts as may be appropriated under law.
(2) Use of fund
Amounts in the revolving fund established under paragraph (1) shall be available without fiscal year limitation to the Architect of the Capitol, subject to the Architect providing prior notice to the Committees on Appropriations of the House of Representatives and Senate—
(A) to carry out the program established under this section;
(B) to carry out authorized programs and activities of the Architect to improve the environment; and
(C) to carry out authorized programs and activities of the Architect to promote energy savings.
(c) Effective date
This section shall apply with respect to fiscal year 2009 and each fiscal year thereafter.
(
Editorial Notes
Codification
Section was formerly classified as a note under
Amendments
2014—Subsec. (c).
§1825. Repealed. Pub. L. 110–437, title V, §501(b)(2), Oct. 20, 2008, 122 Stat. 4997
Section,
§1826. Easements for rights-of-way
(a) In general
The Architect of the Capitol may grant, upon such terms as the Architect of the Capitol considers advisable, including monetary consideration, easements for rights-of-way over, in, and upon the Capitol Grounds and any other public lands under the jurisdiction and control of the Architect of the Capitol.
(b) Limitation
No easement granted under this section may include more land than is necessary for the easement.
(c) Easement account
There is established in the Treasury an easement account for the Architect of the Capitol. The Architect of the Capitol shall deposit in the account all proceeds received relating to the granting of easements under this section. The proceeds deposited in that account shall be available to the Architect, in such amounts and for such purposes provided in appropriations acts.
(d) In-kind consideration
Subject to subsection (f), the Architect may accept in-kind consideration instead of, or in addition to, any monetary consideration, for any easement granted under this section.
(e) Termination of easement
The Architect of the Capitol may terminate all or part of any easement granted under this section for—
(1) failure to comply with the terms of the grant;
(2) nonuse for a 2-year period; or
(3) abandonment.
(f) Approval
The Architect of the Capitol may grant an easement for rights-of-way under subsection (a) upon submission of written notice of intent to grant that easement and the amount or type of consideration to be received, and approval by—
(1) the Committee on Rules and Administration of the Senate for easements granted on property under Senate jurisdiction;
(2) the House Office Building Commission for property under House of Representatives jurisdiction; and
(3) the Committee on Rules and Administration of the Senate and the House Office Building Commission for easements granted on any other property.
(g) Effective date
This section shall apply to fiscal year 2008 and each fiscal year thereafter.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
§1827. Support and maintenance during emergencies
(a) During an emergency involving the safety of human life or the protection of property, as determined or declared by the Capitol Police Board, the Architect of the Capitol—
(1) may accept contributions of comfort and other incidental items and services to support employees of the Office of the Architect of the Capitol while such employees are on duty in response to the emergency; and
(2) may incur obligations and make expenditures out of available appropriations for meals, refreshments, and other support and maintenance for the Office of the Architect of the Capitol if, in the judgment of the Architect, such obligations and expenditures are necessary to respond to the emergency.
(b) This section shall apply with respect to fiscal year 2010 and each succeeding fiscal year.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of
SUBCHAPTER III—PERSONNEL
Part A—General
§1831. Human resources program
(a) Short title
This section may be cited as the "Architect of the Capitol Human Resources Act".
(b) Finding and purpose
(1) Finding
The Congress finds that the Office of the Architect of the Capitol should develop human resources management programs that are consistent with the practices common among other Federal and private sector organizations.
(2) Purpose
It is the purpose of this section to require the Architect of the Capitol to establish and maintain a personnel management system that incorporates fundamental principles that exist in other modern personnel systems.
(c) Personnel management system
(1) Establishment
The Architect of the Capitol shall establish and maintain a personnel management system.
(2) Requirements
The personnel management system shall at a minimum include the following:
(A) A system which ensures that applicants for employment and employees of the Architect of the Capitol are appointed, promoted, and assigned on the basis of merit and fitness after fair and equitable consideration of all applicants and employees through open competition.
(B) An equal employment opportunity program which includes an affirmative employment program for employees and applicants for employment, and procedures for monitoring progress by the Architect of the Capitol in ensuring a workforce reflective of the diverse labor force.
(C) A system for the classification of positions which takes into account the difficulty, responsibility, and qualification requirements of the work performed, and which conforms to the principle of equal pay for substantially equal work.
(D) A program for the training of Architect of the Capitol employees which has among its goals improved employee performance and opportunities for employee advancement.
(E) A formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective criteria for all Architect of the Capitol employees.
(F) A fair and equitable system to address unacceptable conduct and performance by Architect of the Capitol employees, including a general statement of violations, sanctions, and procedures which shall be made known to all employees, and a formal grievance procedure.
(G) A program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems, and which ensures employee confidentiality.
(H) A formal policy statement regarding the use and accrual of sick and annual leave which shall be made known to all employees, and which is consistent with the other requirements of this section.
(d) Implementation of personnel management system
(1) Development of plan
The Architect of the Capitol shall—
(A) develop a plan for the establishment and maintenance of a personnel management system designed to achieve the requirements of subsection (c);
(B) submit the plan to the Speaker of the House of Representatives, the House Office Building Commission, the Committee on Rules and Administration of the Senate, the Joint Committee on the Library, and the Committees on Appropriations of the Senate and the House of Representatives not later than 12 months after July 22, 1994; and
(C) implement the plan not later than 90 days after the plan is submitted to the Speaker of the House of Representatives, the House Office Building Commission, the Committee on Rules and Administration of the Senate, the Joint Committee on the Library, and the Committees on Appropriations of the Senate and the House of Representatives, as specified in subparagraph (B).
(2) Evaluation and reporting
The Architect of the Capitol shall develop a system of oversight and evaluation to ensure that the personnel management system of the Architect of the Capitol achieves the requirements of subsection (c) and complies with all other relevant laws, rules and regulations. The Architect of the Capitol shall report to the Speaker of the House of Representatives, the House Office Building Commission, the Committee on Rules and Administration of the Senate, and the Joint Committee on the Library on an annual basis the results of its evaluation under this subsection.
(3) Application of laws
Nothing in this section shall be construed to alter or supersede any other provision of law otherwise applicable to the Architect of the Capitol or its employees, unless expressly provided in this section.
(
Editorial Notes
Codification
Section was classified to section 166b–7 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is comprised of section 312 of
Amendments
1995—Subsec. (e).
Statutory Notes and Related Subsidiaries
Savings Provision
Flexible Work Schedules
Temporary Employees; Benefits
"(b) Any individual who exercised an option offered by the Architect of the Capitol under section 133(a)(2) of the Legislative Branch Appropriations Act, 2002 [
"(c) The amendments made by subsection (a) [amending
"(d) Notwithstanding any other provision of law, upon enactment of this Act the Architect of the Capitol shall take all steps which may be required to carry out section 133(a) of the Legislative Branch Appropriations Act, 2002 [
"(1) Except as provided in paragraph (2), none of the funds provided by this Act or any other Act may be used by the Architect of the Capitol after the expiration of the 90-day period which begins on the date of the enactment of this Act [Nov. 12, 2001] to employ any individual as a temporary employee within a category of temporary employment which does not provide employees with the same eligibility for life insurance, health insurance, retirement, and other benefits which is provided to temporary employees who are hired for a period exceeding 1 year in length.
"(2) Paragraph (1) shall not apply with respect to any of the following individuals:
"(A) An individual who is employed under the Architect of the Capitol Summer Employment Program.
"(B) An individual who is hired for a total of 120 days or less during any 5-year period (excluding any days in which the individual is employed under the Architect of the Capitol Summer Employment Program).
"(C) An individual employed by the Architect of the Capitol as a temporary employee as of the date of the enactment of this Act [Nov. 12, 2001] who exercises in writing, not later than 90 days after such date, an option offered by the Architect to remain under the pay system (including benefits) provided for the individual as of such date.
"(D) An individual who becomes employed by the Architect of the Capitol after the date of the enactment of this Act [Nov. 12, 2001] who exercises in writing, prior to the individual's employment, an option offered by the Architect to receive pay and benefits under an alternative system which does not provide the benefits described in paragraph (1), except that under such an option the Architect shall be required to provide the individual with the benefits described in paragraph (1) as soon as the individual's period of service as a temporary employee exceeds 1 year in length.
"(E) An individual who is covered by a collective bargaining agreement entered into by the Architect of the Capitol establishing terms and conditions of employment which include eligibility for life insurance, health insurance, retirement, and other benefits.
"(3) Nothing in this subsection may be construed to require the Architect of the Capitol to provide duplicative benefits for any employee.
"(4) The Architect of the Capitol shall make employer contributions for benefits for employees of the Architect (including temporary employees) directly to any third party designated to receive such contributions on behalf of the employees under a collective bargaining agreement, participation agreement, or any other arrangement entered into by the Architect which provides for such contributions."
Treatment of Separated Employees of Architect of Capitol
§1832. Assignment and reassignment of personnel
Notwithstanding any other provisions of law, in order to improve the economic use of the personal services of his employees, the Architect of the Capitol is authorized on and after October 12, 1979, to assign and reassign, without increase or decrease in basic salary or wages, any person on the employment rolls of his Office, for personal services in any buildings, facilities or grounds under his jurisdiction or for personal services in connection with any project under his jurisdiction for which appropriations have been made and are available, whenever such action, in his opinion, will be most advantageous to the interest of or result in either specific or overall savings to the Government. Exceptions may be made where there are differences in equipment. No assignment or reassignment of personnel by the Architect of the Capitol pursuant to this provision shall operate in any respect to augment or decrease any general or specific appropriation.
(
Editorial Notes
Codification
Section was classified to section 166b–6 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is based on section 102 of title I of H.R. 4390 (Legislative Branch Appropriation Act, 1980), as incorporated by reference by section 101(c) of
Statutory Notes and Related Subsidiaries
Effective Date
§1833. Lighting, heating, and ventilating House of Representatives
The electrician, together with everything pertaining to the electrical machinery and apparatus, and the ventilation and heating of the House of Representatives, and all laborers and others connected with the lighting, heating, and ventilating thereof, shall be subject exclusively to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. And all engineers and others who are engaged in heating and ventilating the House shall be subject to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval.
(Mar. 3, 1877, ch. 105,
Editorial Notes
Codification
Section was classified to section 167 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section, except the words "and the ventilation and heating of the House of Representatives," is based on act Mar. 3, 1881, popularly known as the "Legislative, Executive, and Judicial Appropriation Act". The excepted words were based on act Mar. 3, 1877, popularly known as the "Sundry Civil Appropriation Act, fiscal year 1878".
Statutory Notes and Related Subsidiaries
Change of Name
Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former
§1834. Heating and ventilating Senate wing
All engineers and others who are engaged in heating and ventilating the Senate wing of the Capitol shall be subject to the orders and in all respects under the direction of the Architect of the Capitol, subject to the approval of the Senate Committee on Rules and Administration.
(July 11, 1888, ch. 615,
Editorial Notes
Codification
Section was classified to section 168 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is based on act July 11, 1888, popularly known as the "Legislative, Executive, and Judicial Appropriation Act July 11, 1888, fiscal year 1889".
Amendments
1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Committee on Rules".
Statutory Notes and Related Subsidiaries
Effective Date of 1946 Amendment
Act Aug. 2, 1946, ch. 753, title I, §142,
§1835. Interagency details
(a) Authorizing details of employees under joint agency agreements
In addition to any other authority relating to the detail of employees, the Architect of the Capitol and the head of any other department, agency, or instrumentality of the United States Government may enter into a joint agency agreement under which—
(1) employees of the Office of the Architect of the Capitol (including employees of the United States Botanic Garden) may be detailed to such department, agency, or instrumentality on a reimbursable or non-reimbursable basis; and
(2) employees of such department, agency, or instrumentality may be detailed to the Office of the Architect of the Capitol on a reimbursable or non-reimbursable basis.
(b) Duration
The detail of an employee under a joint agency agreement under this section shall be for such duration as may be provided in the agreement, except that in the case of a detail made on a non-reimbursable basis, the duration of the detail may not exceed one year unless the Architect of the Capitol and the head of the department, agency, or instrumentality involved each determine that an extension of the detail of the employee is in the public interest.
(c) No effect on appropriations of recipient of non-reimbursable detail
For purposes of any law, rule, or regulation, the detail of an employee on a non-reimbursable basis under a joint agency agreement under this section for a fiscal year shall not be treated as an increase or modification of the appropriation for the fiscal year of the office to whom the employee is detailed.
(d) Effective date
This section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.
(
Part B—Compensation
§1841. Single per annum gross rates of pay
Whenever the rate of pay of—
(1) an employee of the Office of the Architect of the Capitol; or
(2) an employee of the House Restaurant, or of the Senate Restaurant, under the supervision of the Architect of the Capitol as an agent of the House or Senate, respectively, as the case may be;
is fixed or adjusted on or after the effective date of this section, that rate, as so fixed and adjusted, shall be a single per annum gross rate.
(
Editorial Notes
References in Text
The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of
Codification
Section was classified to section 166b–1a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1842. Conversion of existing pay rates
The Architect of the Capitol shall convert, as of the effective date of this section, to a single per annum gross rate, the rate of pay of each employee described in subparagraph (1) or subparagraph (2) of
(
Editorial Notes
References in Text
The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of
Codification
Section was classified to section 166b–1b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1843. Obsolete references
In any case in which—
(1) the rate of pay of, or any maximum or minimum rate of pay with respect to—
(A) any employee described in subparagraph (1) or subparagraph (2) of
(B) the position of such employee, or
(C) any class or group of such employees or positions,
is referred to in or provided by statute or other authority; and
(2) the rate so referred to or provided is a basic rate with respect to which additional pay is provided by law;
such statutory provision or authority shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to the effective date of this section would receive, without regard to such statutory provision or authority, under
(
Editorial Notes
References in Text
The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of
Codification
Section was classified to section 166b–1c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1844. Savings provisions
The provisions of
(1) limit or otherwise affect any authority for the making of any appointment to, or for fixing or adjusting the pay for, the position of any employee described in subparagraph (1) or subparagraph (2) of
(2) affect the continuity of employment of, or reduce the pay of, any employee holding any position referred to in subparagraph (1) of this section; or
(3) modify, change, supersede, or otherwise affect the provisions of
(
Editorial Notes
Codification
Section was classified to section 166b–1d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Statutory Notes and Related Subsidiaries
Effective Date
Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of
§1845. Effect on existing law
(a) All provisions of law inconsistent with
(b)
(
Editorial Notes
Codification
Section was classified to section 166b–1e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Statutory Notes and Related Subsidiaries
Effective Date
Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of
§1846. Exemptions
Notwithstanding any other provision of
(1) in accordance with
(2) in accordance with subchapter IV of
(3) at per hour or per diem rates in accordance with section 3 of the Legislative Pay Act of 1929, as amended (
(4) in accordance with prevailing rates under authority of
(
Editorial Notes
References in Text
Section 3 of the Legislative Pay Act of 1929, referred to in par. (3), amended section 2 of the Classification Act of 1923, which was classified to section 662 of former Title 5, Executive Departments and Government Officers and Employees. The Classification Act of 1923 was repealed and superseded by the Classification Act of 1949, Oct. 28, 1949, ch. 782,
Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in par. (4), means section 208 of act Oct. 9, 1940, ch. 780, title II,
Codification
Section was classified to section 166b–1f of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Statutory Notes and Related Subsidiaries
Effective Date
Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of
§1847. Authorization to fix basic rate of compensation for certain positions
On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to
On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to
(
Editorial Notes
Codification
Section was classified to section 166b–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
"
Amendments
1989—
1975—
1968—
1967—
1965—
Statutory Notes and Related Subsidiaries
Effective Date of 1967 Amendment
Amendment by
§1848. Compensation of certain positions in Office of Architect of the Capitol
(a) Amount of compensation to be that specified in appropriations Acts
Notwithstanding any other provision of law, the pay for positions described in subsection (b) shall be the amounts specified for such positions in appropriations Acts.
(b) Positions covered
The positions referred to in subsection (a) are—
(1) the position of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings "
(2) the eight positions provided for in the third and fourth undesignated paragraphs under the center subheadings "
(c) Calculation of amounts
The pay for each position described in subsection (b) shall be the pay payable for such position with respect to the last pay period before this section takes effect, subject to any applicable adjustment during fiscal year 1988 under, or by reference to any applicable adjustment during fiscal year 1988 under, subchapter I of
(d) Effective date
This section shall apply in fiscal years beginning after September 30, 1987, with respect to pay periods beginning after December 22, 1987.
(
Editorial Notes
References in Text
The first undesignated paragraph under the center subheadings "
Codification
Section was classified to section 166b–3a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
1989—Subsec. (b).
Statutory Notes and Related Subsidiaries
Compensation of Assistant Architect of the Capitol
1 See References in Text note below.
§1849. Compensation of certain positions under jurisdiction of Architect of the Capitol
The Architect of the Capitol may fix the rate of basic pay for not more than 32 positions at a rate not to exceed the highest total rate of pay for the Senior Executive Service under subchapter VIII of
(
Editorial Notes
Codification
Section was classified to section 166b–3b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
2010—
2005—Subsec. (b).
2002—Subsec. (c).
2001—Subsec. (a).
Subsecs. (b), (c).
"(1) Effective beginning with any pay period beginning on or after November 5, 1990, the Architect of the Capitol may fix the rate of basic pay—
"(A) for not more than one of the positions under paragraph (2) at a rate not to exceed 90 percent of the highest total rate of pay for the Senior Executive Service under
"(B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for such position, not to exceed 85 percent of the highest total rate of pay for the Senior Executive Service under
"(2) Authority under paragraph (1) may be exercised with respect to any of the following positions under the jurisdiction of the Architect of the Capitol:
"(A) The Senior Landscape Architect.
"(B) The Administrative Assistant.
"(C) The Executive Officer.
"(D) The Budget Officer.
"(E) The General Counsel.
"(F) The Superintendent of the Senate Office Buildings.
"(G) The Superintendent of the House Office Buildings.
"(H) The Supervising Engineer of the United States Capitol."
1997—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(1)(A), (B).
1991—Subsec. (b)(1).
Subsec. (b)(1)(A).
Subsec. (b)(1)(B).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Effective Date of 2005 Amendment
Effective Date of 2002 Amendment
Effective Date of 2001 Amendment
Effective Date of 1997 Amendment
§1850. Compensation of registered nurses
Notwithstanding any other provision of law, effective on the first day of the first applicable pay period which begins on or after December 27, 1974, the positions of registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings, shall be allocated by the Architect of the Capitol at not to exceed grade 12 of the General Schedule.
Notwithstanding any other provision of law, effective January 1, 1975, none of the funds appropriated to the Architect of the Capitol shall thereafter be available for any nursing position unless the position is occupied by a Registered Nurse: Provided, That such provision shall not be applicable to the present incumbents of such positions.
(
Editorial Notes
References in Text
The General Schedule, referred to in text, is set out under
Codification
Section was classified to section 166b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
1994—
1990—
§1851. Gratuities for survivors of deceased employees
Until otherwise provided by law, there is authorized to be paid out of the applicable accounts of the House of Representatives, on vouchers signed by the chairman of the Committee on House Oversight, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee under the jurisdiction of the Architect of the Capitol who was assigned to duty in the House of Representatives at the time of his death. The payment of each such gratuity shall be in accordance with uniform rules and regulations adopted by the Committee on House Oversight except that no such gratuity shall be in excess of that payable to the widow, widower, or heirs-at-law of any deceased employee under the jurisdiction of the Architect of the Capitol having a comparable length of service, who was assigned to similar duties in the Senate at the time of his death.
(
Editorial Notes
Codification
Section was classified to section 166b–4 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is based on House Resolution No. 291, June 18, 1963, which was enacted into permanent law by
Amendments
1996—
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§1852. Withholding and remittance of State income tax
(a) Agreement by Architect with appropriate State official; covered individuals
Whenever—
(1) the law of any State provides for the collection of an income tax by imposing upon employers generally the duty of withholding sums from the compensation of employees and remitting such sums to the authorities of such State; and
(2) such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State;
then the Architect of the Capitol is authorized, in accordance with the provisions of this section, to enter into an agreement with the appropriate official of that State to provide for the withholding and remittance of sums for individuals—
(A) employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant; and
(B) who request the Architect to make such withholdings for remittance to that State.
(b) Number of remittances authorized
Any agreement entered into under subsection (a) of this section shall not require the Architect to remit such sums more often than once each calendar quarter.
(c) Requests for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations
(1) An individual employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant may request the Architect to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers.
(2) An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first pay period commencing on or after the day on which the request is received in the Office of the Architect, the Botanic Garden Office, or the Senate Restaurant Accounting Office except that—
(A) when the Architect first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Architect may determine; and
(B) when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment.
(3) An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted in accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated or revocation is effective on the first day of the first pay period commencing on or after the day on which the request for change or the revocation is received in the appropriate office.
(4) The Architect is authorized to issue rules and regulations he considers appropriate in carrying out this subsection.
(d) Time or times of agreements by Architect
The Architect may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate.
(e) Provisions as not imposing duty, burden, requirement or penalty upon United States or any officer or employee of United States
This section imposes no duty, burden, or requirement upon the United States, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section.
(f) "State" defined
For the purposes of this section, "State" means any of the States of the United States.
(
Editorial Notes
Codification
Section was classified to section 166b–5 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1853. Exemption of officers and employees of Architect of Capitol from certain Federal pay provisions
The classes of employees whose compensation is authorized by section 3 of the Legislative Pay Act of 1929, as amended (
(Oct. 28, 1949, ch. 782, title II, §204(a),
Editorial Notes
References in Text
Section 3 of the Legislative Pay Act of 1929, as amended (
The Classification Act of 1923, referred to in text, is act Mar. 4, 1923, ch. 265,
Codification
Section was formerly classified to
Section is comprised of section 204(a) of act Oct. 28, 1949. Subsections (b) and (c) of such section were repealed by
Section was classified to
"
§1854. Overtime compensation for certain employees of Architect of Capitol
For overtime pay purposes, per diem and per hour employees under the Office of the Architect of the Capitol not subject to
(June 30, 1945, ch. 212, title V, §503,
Editorial Notes
References in Text
Codification
Section was formerly classified to
Section was classified to
"
Amendments
1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Statutory Notes and Related Subsidiaries
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by
SUBCHAPTER IV—APPROPRIATIONS AND EXPENDITURES
§1861. Appropriations under control of Architect of the Capitol
Appropriations under the control of the Architect of the Capitol shall be available for expenses of advertising and personal and other services.
(Feb. 28, 1929, ch. 367,
Editorial Notes
Codification
Section was classified to section 689 of former Title 31, prior to the enactment of Title 31, Money and Finance, by
Section consolidates provisions from the Legislative Branch Appropriation Acts for fiscal years 1930 and 1931.
§1862. Transfer of funds
During fiscal year 1997 and fiscal years thereafter, amounts appropriated to the Architect of the Capitol (including amounts relating to the Botanic Garden) may be transferred among accounts available to the Architect of the Capitol upon the approval of—
(1) the Committee on Appropriations of the House of Representatives, in the case of amounts transferred from the appropriation for Capitol buildings and grounds under the heading "
(2) the Committee on Appropriations of the Senate, in the case of amounts transferred from the appropriation for Capitol buildings and grounds under the heading "
(3) the Committees on Appropriations of the Senate and the House of Representatives, in the case of amounts transferred from any other appropriation.
(
Editorial Notes
Codification
Section was classified to section 166h of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1862a. Use of construction project funds to reimburse Capitol Police for related overtime costs
(a) Payment of overtime costs
The Architect of the Capitol shall transfer amounts made available for construction projects during a fiscal year to the applicable appropriations accounts of the United States Capitol Police in order to reimburse the Capitol Police for overtime costs incurred in connection with such projects.
(b) Effective date
This section shall apply with respect to fiscal year 2013 and each succeeding fiscal year.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
§1862b. Transfer of amounts appropriated for Architect of the Capitol under House Office Buildings
(a) During fiscal year 2019 and each succeeding fiscal year, amounts appropriated or otherwise made available for the Architect of the Capitol under the heading "House Office Buildings" may be transferred to the House of Representatives and merged with and made available under the heading "Allowances and Expenses", subject to the approval of the Committee on Appropriations of the House of Representatives.
(b) The period of availability of any amounts transferred to the House of Representatives under this section shall be the same period of availability applicable to such amounts as appropriated for the Architect of the Capitol.
(c) The aggregate amount transferred under this section in any fiscal year may not exceed $30,000,000.
(
§1863. Funds out of Contingent Expenses, Architect of the Capitol Appropriation
Any expenditures required to implement the provisions of
(
Editorial Notes
Codification
Section was classified to section 166e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1864. Funds out of Capitol Buildings, Architect of the Capitol Appropriation
On and after October 18, 1986, the Architect of the Capitol may incur expenses authorized by
(
Editorial Notes
Codification
Section was classified to section 166f of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is based on the words "to hereafter incur expenses authorized by the Act of December 13, 1973 (
§1865. Capitol Police Buildings and Grounds Account
(a) Establishment
There is hereby established in the Treasury of the United States an account for the Architect of the Capitol to be known as "Capitol Police Buildings and Grounds" (hereinafter in this section referred to as the "account").
(b) Use of funds
Funds in the account shall be used by the Architect of the Capitol for all necessary expenses for—
(1) resilience and security programs of the Architect of the Capitol; and
(2) the maintenance, care, and operation of buildings, grounds, and security enhancements for facilities of the United States Capitol Police and for other facilities associated with such resilience and security programs at any location.
(c) Approval of transfers of appropriations from Legislative Branch agencies
(1) For carrying out the purposes of the account, the Architect of the Capitol may receive transfers of appropriations from any agency of the Legislative Branch upon the approval of—
(A) the Committee on Appropriations of the House of Representatives, in the case of a transfer from an office of the House of Representatives;
(B) the Committee on Appropriations of the Senate, in the case of a transfer from an office of the Senate; or
(C) the Committees on Appropriations of the House of Representatives and the Senate, in the case of a transfer from any other office of the Government.
(2) Amounts transferred under this subsection shall be merged with the account and made available under this section.
(3) This subsection shall apply with respect to fiscal year 2019 and each succeeding fiscal year.
(d) Effective date; transfer of funds
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. Any amounts provided to the Architect of the Capitol prior to August 2, 2002, for the maintenance, care, and operation of buildings of the United States Capitol Police during fiscal year 2002 shall be transferred to the account.
(
Editorial Notes
Codification
Section was classified to section 166l of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
2018—Subsecs. (b) to (d).
§1866. Certification of vouchers
It shall not be a duty of the Architect of the Capitol to certify any pay roll or other voucher covering any expenditure from any appropriation for the Senate Office Building, or for any other building or activity, unless the obligation involved was incurred by him or under his direction.
(June 8, 1942, ch. 396,
Editorial Notes
Codification
Section was classified to section 174e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1867. Advancement and reimbursement of expenses for flying American flags and providing certification services therefor
On and after November 19, 1995, expenses, based on full cost recovery, for flying American flags and providing certification services therefor shall be advanced or reimbursed upon request of the Architect of the Capitol, and amounts so received shall be deposited into the Treasury.
(
Editorial Notes
Codification
Section was classified to section 166g of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Statutory Notes and Related Subsidiaries
Flag Office Revolving Fund
"(a)
"(b)
"(c)
"(1) Amounts deposited by the Architect of the Capitol under subsection (b).
"(2) Any other amounts received by the Architect of the Capitol which are attributable to services provided by the Flag Office.
"(3) Such other amounts as may be appropriated under law.
"(d)
"(1) supplies, inventories, equipment, and other expenses;
"(2) the reimbursement of any applicable appropriations account for amounts used from such appropriations account to pay the salaries of employees of the Flag Office; and
"(3) amounts necessary to carry out the authorized levels in the Fallen Heroes Flag Act of 2016 [
§1868. Semiannual compilation and report of expenditures
(1) Commencing with the semiannual period beginning January 1, 1965 and for each semiannual period thereafter, the Architect of the Capitol shall compile and, not later than sixty days following the close of the semiannual period, submit to the Senate and the House of Representatives a report of all expenditures made from monies appropriated to the Architect of the Capitol, based on payrolls and other vouchers transmitted during such period to the Treasury Department for disbursement, such report to include (1) the name, title, and gross salary payment to each employee; (2) a list of government contributions to retirement, health, insurance, and other similar funds; and (3) name of payee, brief description of service rendered or items furnished under contract, purchase order or other agreement. Such report shall be printed as a Senate document.
(2) The report by the Architect of the Capitol under paragraph (1) for the semiannual period beginning on January 1, 1976, shall include the period beginning on July 1, 1976, and ending on September 30, 1976, and such semiannual period shall be treated as closing on September 30, 1976. Thereafter, the report by the Architect of the Capitol under paragraph (1) shall be for the semiannual periods beginning on October 1 and ending on March 31 and beginning on April 1 and ending on September 30 of each year.
(
Editorial Notes
Codification
Section was classified to section 162b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
1976—
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in par. (1) of this section relating to the requirement that the Architect of the Capitol submit a semiannual report to the Senate and the House of Representatives, see section 3003 of
§1868a. Semiannual report of disbursements
(a) Reports required
Not later than 60 days after the last day of each semiannual period, the Architect of the Capitol shall submit to Congress, with respect to that period, a detailed, itemized report of the disbursements for the operations of the Office of the Architect of the Capitol.
(b) Contents
The report required by subsection (a) shall include—
(1) the name of each person who receives a payment from the Office of the Architect of the Capitol;
(2) the quantity and price of any item furnished to the Office of the Architect of the Capitol;
(3) a description of any service rendered to the Office of the Architect of the Capitol, together with a statement of the time required for the service, and the name, title, and amount paid to each person who renders the service;
(4) a statement of all amounts appropriated to, or received or expended by, the Office of the Architect of the Capitol and any unexpended balances of such amounts;
(5) the information submitted to the Comptroller General under
(6) such additional information as may be required by regulation of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate.
(c) Printing
Each report under this section shall be printed as a House document.
(d) Effective date
This section shall apply with respect to the semiannual periods of January 1 through June 30 and July 1 through December 31 of each year, beginning with the semiannual period in which this section is enacted.
(
§1869. Advance payments
During fiscal year 2008 and each succeeding fiscal year, following notification of the Committees on Appropriations of the House of Representatives and the Senate, the Architect of the Capitol may make payments in advance for obligations of the Office of the Architect of the Capitol for subscription services if the Architect determines it to be more prompt, efficient, or economical to do so.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
§1870. House Historic Buildings Revitalization Trust Fund
(a) Establishment
There is hereby established in the Treasury of the United States, as an account for the Architect of the Capitol, the House Historic Buildings Revitalization Trust Fund (hereafter in this section referred to as the "Fund").
(b) Use of amounts
Amounts in the Fund shall be used by the Architect of the Capitol for the revitalization of the major historical buildings and assets of the House of Representatives which the Architect is responsible for maintaining and preserving, except that the Architect may not obligate any amounts in the Fund without the approval of the Committee on Appropriations of the House of Representatives.
(c) Continuing availability of funds
Any amounts transferred to and merged with, or otherwise deposited into, the Fund shall remain available until expended.
(d) Omitted
(e) Effective date
This section and the amendment made by this section shall apply with respect to fiscal year 2010 and each succeeding fiscal year.
(
Editorial Notes
Codification
Section is comprised of section 1304 of
Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of
§1871. Expired appropriations available for deposit into Employees' Compensation Fund
(a) In general
Notwithstanding section 1101, available balances of expired Architect of the Capitol appropriations shall be available to the Architect of the Capitol to make the deposit to the credit of the Employees' Compensation Fund required by
(b) Effective date
This section shall apply with respect to appropriations for fiscal year 2013 and each year thereafter.
(
Editorial Notes
References in Text
Section 1101, referred to in subsec. (a), is section 1101 of title I of div. F of Pub. L. 113—6, Mar. 26, 2013,
§1872. Use of expired funds for unemployment compensation payments
(a) Available balances of expired Architect of the Capitol appropriations shall be available to the Architect of the Capitol for reimbursing the Federal Employees Compensation Account (as established by
(b) This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.
(
§1873. Acceptance of travel expenses from non-Federal sources
(a) Permitting acceptance of expenses
Notwithstanding any other provision of law, the Architect of the Capitol may accept payment or authorize an employee of the Office of the Architect of the Capitol to accept payment on the Office's behalf from non-Federal sources for travel, subsistence, and related expenses with respect to attendance of the employee (or the spouse of such employee) at any meeting or similar function relating to the employee's official duties. Any cash payment so accepted shall be credited to the appropriation applicable to such expenses. In the case of a payment in kind so accepted, a pro rata reduction shall be made in any entitlement of the employee to payment from the Government for such expenses.
(b) Prohibiting acceptance from other sources
Except as provided in this section or
(1) may be required, in addition to any penalty provided by law, to repay, for deposit in the general fund of the Treasury, an amount equal to the amount of the payment so accepted; and
(2) in the case of a repayment under paragraph (1), shall not be entitled to any payment from the Government for such expenses.
(c) Effective date
This section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.
(
SUBCHAPTER V—CAPITOL-FLOWN FLAGS FOR FAMILIES OF FALLEN HEROES
§1881. Definitions
In this subchapter—
(1) the term "Capitol-flown flag" means a flag of the United States flown over the Capitol in honor of the deceased individual for whom the flag is requested;
(2) the terms "chaplain", "firefighter", "law enforcement officer", "member of a rescue squad or ambulance crew", and "public agency" have the meanings given such terms in
(3) the term "immediate family member", with respect to an individual, means—
(A) the spouse, parent, brother, sister, or child of the individual or a person to whom the individual stands in loco parentis; or
(B) any other person related to the individual by blood or marriage;
(4) the term "public safety officer" means an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a chaplain; and
(5) the term "Representative" includes a Delegate or Resident Commissioner to the Congress.
(
§1881a. Providing Capitol-flown flags for families of fallen heroes
(a) In general
At the request of an immediate family member of a firefighter, law enforcement officer, member of a rescue squad or ambulance crew, or public safety officer who died in the line of duty, the Representative or Senator of the family may provide to the family a Capitol-flown flag, together with the certificate described in subsection (c).
(b) No cost to family
A Capitol-flown flag provided under this section shall be provided at no cost to the family.
(c) Certificate
The certificate described in this subsection is a certificate which is signed by the Speaker of the House of Representatives and the Representative, or the President pro tempore of the Senate and the Senator, providing the Capitol-flown flag, as applicable, and which contains an expression of sympathy for the family involved from the House of Representatives or the Senate, as applicable.
(
§1881b. Regulations and procedures
(a) In general
Not later than 30 days after May 16, 2016, the Architect of the Capitol shall issue regulations for carrying out this subchapter, including regulations to establish procedures (including any appropriate forms, guidelines, and accompanying certificates) for requesting a Capitol-flown flag.
(b) Review
The regulations issued under subsection (a) shall take effect upon approval by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate.
(
§1881c. Authorization of appropriations
There are authorized to be appropriated for each of fiscal years 2017 through 2028 such sums as may be necessary to carry out this subchapter, to be derived from amounts appropriated in each such fiscal year for the operation of the Architect of the Capitol, except that the aggregate amount appropriated to carry out this subchapter for all such fiscal years may not exceed $40,000.
(
Editorial Notes
Amendments
2022—
§1881d. Effective date
This subchapter shall take effect on May 16, 2016, except that a Capitol-flown flag may not be provided under