US (United States) Code. Title 2. Chapter 30: Operation and maintenance of Capitol complex

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Congress

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-CITE-

2 USC CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL

COMPLEX 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

.

-HEAD-

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

-MISC1-

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

Sec.

2001. House Office Building; control, supervision, and care.

2002. Acquisition of buildings and facilities for use in emergency

situation.

(a) Acquisition of buildings and facilities.

(b) Agreements.

(c) Authority of Capitol Police and Architect.

(d) Transfer of certain funds.

(e) Effective date.

2003. Speaker as member of House Office Building commission.

2004. Assignment of rooms in House Office Building.

2005. Vacant rooms; assignment to Representatives.

2006. Withdrawal by Representative of request for vacant rooms.

2007. Exchange of rooms.

2008. Record of assignment of rooms.

2009. Assignment of rooms to Commissioner from Puerto Rico.

2010. Assignment of rooms; control of by House.

2011. Assignment of unoccupied space.

2012. Furniture for House of Representatives.

SUBCHAPTER II - SENATE

2021. Additional Senate office building.

2022. Acquisition of buildings and facilities for use in emergency

situation.

(a) Acquisition of buildings and facilities.

(b) Agreements.

(c) Authority of Capitol Police and Architect.

(d) Transfer of certain funds.

(e) Effective date.

2023. Control, care, and supervision of Senate Office Building.

2024. Assignment of space in Senate Office Building.

2025. Senate Garage.

SUBCHAPTER III - RESTAURANTS

2041. House of Representatives restaurant, cafeteria, and food

services.

(a) Management and duties.

(b) Transfer of accounts, records, supplies,

equipment, and assets.

(c) Special deposit account.

(d) Effective date.

2042. Senate Restaurants; management by Architect of the Capitol.

2043. Authorization and direction to effectuate purposes of

sections 2042 to 2047 of this title.

2044. Special deposit account.

2045. Deposits and disbursements under special deposit account.

2046. Bond of Architect, Assistant Architect, and other employees.

2047. Supersedure of prior provisions for maintenance and operation

of Senate Restaurants.

2048. Management personnel and miscellaneous expenses; availability

of appropriations; annual and sick leave.

2049. Loans for Senate Restaurants.

(a) Borrowing authority.

(b) Amount and period of loan; voucher.

(c) Deposit, credit, and future availability of

proceeds from repayment.

2050. Transfer of appropriations for management personnel and

miscellaneous restaurant expenses to special deposit account.

SUBCHAPTER IV - CHILD CARE

2061. Designation of play areas on Capitol grounds for children

attending day care center.

(a) Authority of Capitol Police Board.

(b) Required approval; fences; termination of

authority.

(c) Playground equipment; required approval.

(d) Day care center.

2062. House of Representatives Child Care Center.

(a) Maintenance and operation; admission of children.

(b) Advisory board; membership, functions, etc.

(c) Duties of Chief Administrative Officer of House

of Representatives.

(d) Salaries and expenses; funding limits.

(e) Definitions.

2063 Senate Employee Child Care Center.

(a) Applicability of provisions.

(b) Employee election of health care insurance

coverage.

(c) Deductions and withholding from employee pay.

(d) Employee records; amount of deductions.

(e) Government contributions.

(f) Regulations.

2064. Senate Employee Child Care Center employee benefits.

(a) Election for coverage.

(b) Payment of deposit; payroll deduction.

(c) Survivor annuities and disability benefits.

(d) Participation in Thrift Savings Plan.

(e) Life insurance coverage.

(f) Government contributions.

(g) Certification of creditable service.

(h) Payment to center of amounts equal to Federal tax

on employers.

(i) Administrative provisions.

(j) Regulations.

2065. Reimbursement of Senate day care center employees.

(a) Cost of training classes, conferences, and

related expenses.

(b) Documentation.

(c) Regulations and limitations.

(d) Effective date.

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

PART A - UNITED STATES CAPITOL PRESERVATION COMMISSION

2081. United States Capitol Preservation Commission.

(a) Establishment and purposes.

(b) Membership.

(c) Designees.

(d) Architect of the Capitol.

(e) Staff support and assistance.

2082. Authority of Commission to accept gifts and conduct other

transactions relating to works of fine art and other property.

(a) In general.

(b) Transfer and disposition of works of fine art and

other property.

(c) Requirements for conduct of transactions.

2083. Capitol Preservation Fund.

(a) In general.

(b) Availability of fund.

(c) Transaction costs and proportionality.

(d) Deposits, credits, and disbursements.

(e) Investments.

2084. Audits by the Comptroller General.

2085. Advisory boards.

2086. Definition.

PART B - SENATE COMMISSION ON ART

2101. Senate Commission on Art.

(a) Establishment.

(b) Chairman and Vice Chairman; quorum; Executive

Secretary.

(c) Selection of Curator of Art and Antiquities of

the Senate; availability of professional and

clerical assistance.

(d) Hearings and meetings.

2102. Duties of Commission.

(a) In general.

(b) Issuance and publication of regulations.

(c) Consistency of regulations.

(d) Responsibilities of Committee on Rules and

Administration of Senate.

2103. Supervision and maintenance of Old Senate Chamber.

2104. Publication of list of works of art, historical objects, and

exhibits.

2105. Authorization of appropriations.

2106. Additional authority to acquire works of art, historical

objects, documents, or exhibits.

2107. Conservation, restoration, replication, or replacement of

items in United States Senate Collection.

(a) Use of moneys in Senate contingent fund.

(b) United States Senate Collection.

(c) Approval of disbursements by Chairman or

Executive Secretary of Senate Commission on

Art.

PART C - HOUSE OF REPRESENTATIVES FINE ARTS BOARD

2121. House of Representatives Fine Arts Board.

(a) Establishment and authority.

(b) Clerk of the House of Representatives.

(c) Architect of the Capitol.

2122. Acceptance of gifts on behalf of the House of

Representatives.

PART D - MISCELLANEOUS

2131. National Statuary Hall.

2132. Replacement of statue in Statuary Hall.

(a) Request by State.

(b) Agreement upon approval.

(c) Limitation on number of State statues.

(d) Ownership of replaced statue; removal.

(e) Relocation of statues.

2133. Acceptance and supervision of works of fine arts.

2134. Art exhibits.

2135. Private studios and works of art.

SUBCHAPTER VI - BOTANIC GARDEN AND NATIONAL GARDEN

2141. Supervision of Botanic Garden.

2142. Superintendent of Botanic Garden and greenhouses.

2143. Utilization of personnel by Architect of the Capitol for

maintenance and operation of Botanic Garden.

2144. Disbursement of appropriations for Botanic Garden.

2145. Restriction on use of appropriation for Botanic Garden.

2146. National Garden.

(a) Establishment; gifts.

(b) Gifts and bequests of money; investment;

appropriations.

(c) Donations of personal services.

(d) Tax deductions.

2147. Plant material exchanges.

SUBCHAPTER VII - OTHER ENTITIES AND SERVICES

2161. John W. McCormack Residential Page School.

(a) Construction authorization for dormitory and

classroom facilities complex.

(b) Acquisition of property in District of Columbia.

(c) Condemnation proceedings.

(d) Transfer of United States owned property.

(e) Alley and street closures by Mayor of the

District of Columbia.

(f) United States Capitol Grounds provisions

applicable.

(g) Designation; employment of services under

supervision and control of Architect of the

Capitol: joint approval and direction of

Speaker and President pro tempore; annual

estimates to Congress; regulations governing

Architect of the Capitol.

(h) Joint appointee for supervision and control over

page activities; regulations; Residence

Superintendent of Pages: appointment,

compensation, and duties; additional personnel:

appointment and compensation.

(i) Section 88b of this title unaffected.

2162. Capitol power plant.

2163. Capitol Grounds shuttle service.

2164. Transportation of House Pages by Capitol Grounds shuttle

service.

2165. Capitol educational and informational center and information

and distribution stations; operation agreements.

2166. Capitol Guide Service.

(a) Establishment; designation; supervision of

Capitol Guide Board; membership of Board.

(b) Guided tours; regulations.

(c) Duties of Capitol Guide Board; positions of Guide

in Capitol Guide Service; establishment and

revision; Chief, Deputy Chief, and Assistant

Chief Guide and Guides: appointment, duties,

pay, and termination of employment.

(d) Uniforms.

(e) Acceptance of fees; prohibition.

(f) Personnel detail.

(g) Historical and educational information.

(h) Regulations for operation of Service.

(i) Disciplinary action.

(j) Volunteers.

2167. Congressional Award Youth Park.

(a) Designation.

(b) Area included.

(c) Design.

(d) Funding.

SUBCHAPTER VIII - MISCELLANEOUS

2181. Assignment of space for meetings of joint committees,

conference committees, etc.

2182. Use of space formerly occupied by Library of Congress.

2183. Protection of buildings and property.

2184. Purchase of furniture or carpets for House or Senate.

2185. Estimates for improvements in grounds.

-CITE-

2 USC SUBCHAPTER I - HOUSE OF REPRESENTATIVES 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

.

-HEAD-

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-CITE-

2 USC Sec. 2001 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2001. House Office Building; control, supervision, and care

-STATUTE-

The House of Representatives Office Building, which shall

hereafter be designated as the House Office Building and the

employment of all service, other than officers and privates of the

Capitol police, that may be appropriated for by Congress, necessary

for its protection, care, and occupancy, shall be under the control

and supervision of the Architect of the Capitol, subject to the

approval and direction of a commission consisting of the Speaker of

the House of Representatives and two Representatives in Congress,

to be appointed by the Speaker. Vacancies occurring by resignation,

termination of service as Representatives in Congress, or otherwise

in the membership of said commission shall be filled by the

Speaker, and any two members of said commission shall constitute a

quorum to do business. The Architect of the Capitol shall submit

annually to Congress estimates in detail for all services, other

than officers and privates of the Capitol police, and for all other

expenses in connection with said office building and necessary for

its protection, care, and occupancy; and said commission herein

referred to shall from time to time prescribe rules and regulations

to govern said architect in making all such employments, together

with rules and regulations governing the use and occupancy of all

rooms and space in said building.

-SOURCE-

(Mar. 4, 1907, ch. 2918, 34 Stat. 1365; May 28, 1908, No. 30, 35

Stat. 578; Mar. 3, 1921, ch. 124, 41 Stat. 1291.)

-COD-

CODIFICATION

Section was classified to section 175 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on act Mar. 4, 1907, popularly known as the

''Sundry Civil Appropriation Act, fiscal year 1908'' appropriating

for the maintenance of such Building.

-CHANGE-

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 section 1801 of this title.

-MISC4-

ACQUISITION OF SITE

Act Mar. 3, 1903, ch. 1007, 32 Stat. 1113, authorized acquisition

of a site for and the construction of the House Office Building,

and appointment of a Commission to supervise its construction.

Joint Resolution May 28, 1908, provided that it should be

designated the House Office Building.

HOUSE PUBLIC ADDRESS SOUND SYSTEM ACTIVITIES; TRANSFER OF EMPLOYEES

AND FUNDING

Pub. L. 104-197, title III, Sec. 307, Sept. 16, 1996, 110 Stat.

2413, provided that:

''(a) Upon approval of the Committee on Appropriations of the

House of Representatives, and in accordance with conditions

determined by the Committee on House Oversight (now Committee on

House Administration), positions in connection with House public

address sound system activities and related funding shall be

transferred from the appropriation for the Architect of the Capitol

for Capitol buildings and grounds under the heading 'capitol

buildings' to the appropriation for salaries and expenses of the

House of Representatives for the Office of the Clerk under the

heading 'salaries, officers and employees'.

''(b) For purposes of section 8339(m) of title 5, United States

Code, the days of unused sick leave to the credit of any such

employee as of the date such employee is transferred under

subsection (a) shall be included in the total service of such

employee in connection with the computation of any annuity under

subsections (a) through (e) and (o) of such section.

''(c) In the case of days of annual leave to the credit of any

such employee as of the date such employee is transferred under

subsection (a), the Architect of the Capitol is authorized to make

a lump sum payment to each such employee for that annual leave. No

such payment shall be considered a payment or compensation within

the meaning of any law relating to dual compensation.''

501 FIRST STREET SE., DISTRICT OF COLUMBIA; DISPOSAL OF REAL

PROPERTY

Pub. L. 104-99, title I, Sec. 121, Jan. 26, 1996, 110 Stat. 30,

as amended by Pub. L. 105-275, title I, Sec. 110, Oct. 21, 1998,

112 Stat. 2440, provided that:

''(a) Disposal of Real Property. -

''(1) In general. - The Architect of the Capitol shall dispose

of by sale at fair market value all right, title, and interest of

the United States in and to the parcel of real property described

in paragraph (9), including all improvements to such real

property. Such disposal shall be made by quitclaim deed.

''(2) House office building commission. - The Architect of the

Capitol shall carry out this section under the direction of the

House Office Building Commission.

''(3) Procedures. - Notwithstanding any other provision of law,

the disposal under paragraph (1) shall be made in accordance with

such procedures as the Architect of the Capitol determines

appropriate.

''(4) Sense of congress. - It is the sense of Congress that the

child care center of the House of Representatives should remain

in operation during the implementation of this section.

''(5) Terms and conditions. - The deed of conveyance for the

property to be disposed of under paragraph (1) shall contain such

terms and conditions as the Architect of the Capitol determines

are necessary to protect the interests of the United States.

''(6) Deposit of proceeds. - All proceeds from the disposal

under paragraph (1) shall be deposited in the account established

by subsection (b).

''(7) Advertising and marketing. - The Architect of the Capitol

shall begin advertising and marketing the property to be disposed

of under paragraph (1) not later than 30 days after the date of

the enactment of this Act (Jan. 26, 1996).

''(8) Local zoning and occupancy requirements. - Until such

date as the purchaser of the property to be disposed of under

paragraph (1) takes full occupancy of such property, such

property and the tenants of such property shall be deemed to be

in compliance with all applicable zoning and occupancy

requirements of the District of Columbia.

''(9) Property description. - The parcel of real property

referred to in paragraph (1) is the approximately 31,725 square

feet of land located at 501 First Street, SE., on square 736 S,

Lot 801 (formerly part of Reservation 17) in the District of

Columbia. Such parcel is bounded by E Street, SE., to the north,

First Street, SE., to the east, New Jersey Avenue, SE., to the

west, and Garfield Park to the south.

''(b) Separate Account in the Treasury. -

''(1) Establishment. - There is established in the Treasury of

the United States a separate account which shall consist of

amounts deposited into the account by the Architect of the

Capitol under subsection (a).

''(2) Availability of funds. - Funds in the account established

by paragraph (1) shall be available, in such amounts as are

specified in appropriations Acts, to the Architect of the Capitol

for -

''(A) payment of expenses associated with relocating the

tenants of the property to be disposed of under subsection

(a)(1);

''(B) payment of expenses associated with renovating

facilities under the jurisdiction of the Architect for the

purpose of accommodating such tenants;

''(C) reimbursement of expenses incurred for advertising and

marketing activities related to the disposal under subsection

(a)(1) in a total amount of not to exceed $75,000; and

''(D) reimbursement of expenses incurred by the Chief

Administrative Officer of the House of Representatives to cover

the costs of furnishings and furniture to accommodate the needs

of the House of Representatives Child Care Center.

Funds made available under this paragraph shall not be subject to

any fiscal year limitation.

''(3) Reporting of transactions. - Receipts, obligations, and

expenditures of funds in the account established by paragraph (1)

shall be reported in annual estimates submitted to Congress by

the Architect of the Capitol for the operation and maintenance of

the Capitol Buildings and Grounds.

''(4) Termination of account. - Not later than 2 years after

the date of settlement on the property to be disposed of under

subsection (a)(1), the Architect of the Capitol shall terminate

the account established by paragraph (1) and all amounts

remaining in the account shall be deposited into the general fund

of the Treasury of the United States and credited as

miscellaneous receipts.

''(c) Authority To Furnish Steam and Chilled Water. -

''(1) In general. - The Architect of the Capitol is authorized

to furnish steam and chilled water from the Capitol Power Plant

to the owner of the property to be disposed of under subsection

(a)(1) if the owner agrees to pay for such steam and chilled

water at market rates, as determined by the Architect of the

Capitol.

''(2) Authority limited to existing facilities. - The Architect

of the Capitol may furnish steam and chilled water under

paragraph (1) only with respect to facilities which, on the date

of the enactment of this Act (Jan. 26, 1996), are located on the

property to be disposed of under subsection (a)(1).

''(3) Proceeds. - All proceeds from the sale of steam and

chilled water under paragraph (1) shall be deposited into the

general fund of the Treasury of the United States and credited as

miscellaneous receipts.''

(Pub. L. 104-134, title II, Sec. 21103, Apr. 26, 1996, 110 Stat.

1321-335, provided that: ''Notwithstanding section 106 of Public

Law 104-99 (110 Stat. 27), sections 118 (110 Stat. 30), 121 (set

out as a note above), and 129 (amending section 1611 of this title

and enacting provisions set out as a note under section 1611 of

this title) of Public Law 104-99 shall remain in effect as if

enacted as part of this Act.'')

Pub. L. 98-367, title I, July 17, 1984, 98 Stat. 483, provided in

part: ''That notwithstanding any other provision of law, the House

Office Building Commission is authorized to use, to such extent as

it may deem necessary, for the purposes of providing office and

other accommodations for the House of Representatives, the building

located at 501 First Street, S.E., on a portion of Reservation 17

in the District of Columbia when such building is acquired by the

Architect of the Capitol at the direction of the House Office

Building Commission under authority of the Additional House Office

Building Act of 1955 (act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat.

41, see note below), and to incur any expenditures under this

appropriation required for alterations, maintenance, and occupancy

thereof: Provided further, That any space in such building used for

office and other accommodations for the House of Representatives

shall be deemed to be a part of the 'House Office Buildings' and,

as such, shall be subject to the laws, rules, and regulations

applicable to those buildings.''

HOUSE PARKING ACTIVITIES; TRANSFER OF EMPLOYEES AND FUNDING

Pub. L. 104-53, title III, Sec. 306, Nov. 19, 1995, 109 Stat.

536, provided that:

''(a) Upon approval of the Committee on Appropriations of the

House of Representatives, and in accordance with conditions

determined by the Committee on House Oversight (now Committee on

House Administration), positions in connection with House parking

activities and related funding shall be transferred from the

appropriation 'Architect of the Capitol, Capitol buildings and

grounds, House office buildings' to the appropriation 'House of

Representatives, salaries, officers and employees, Office of the

Sergeant at Arms': Provided, That the position of Superintendent of

Garages shall be subject to authorization in annual appropriations

Acts.

''(b) For purposes of section 8339(m) of title 5, United States

Code, the days of unused sick leave to the credit of any such

employee as of the date such employee is transferred under

subsection (a) shall be included in the total service of such

employee in connection with the computation of any annuity under

subsections (a) through (e) and (o) of such section.

''(c) In the case of days of annual leave to the credit of any

such employee as of the date such employee is transferred under

subsection (a) the Architect of the Capitol is authorized to make a

lump sum payment to each such employee for that annual leave. No

such payment shall be considered a payment or compensation within

the meaning of any law relating to dual compensation.''

DESIGNATION OF HOUSE OFFICE BUILDINGS

House Resolution No. 402, One Hundred First Congress, Sept. 10,

1990, provided that:

''SECTION 1. DESIGNATIONS.

''(a) Thomas P. O'Neill, Jr. House of Representatives Office

Building. - The House of Representatives office building located at

C Street and New Jersey Avenue, Southeast, in the District of

Columbia, and known as House of Representatives Office Building

Annex No. 1, shall be known and designated as the 'Thomas P.

O'Neill, Jr. House of Representatives Office Building'.

''(b) Gerald R. Ford House of Representatives Office Building. -

The House of Representatives office building located at 3d and D

Streets, Southwest, in the District of Columbia, and known as House

of Representatives Office Building Annex No. 2, shall be known and

designated as the 'Gerald R. Ford House of Representatives Office

Building'.

''SEC. 2. REFERENCES.

''Any reference in a law, map, regulation, document, paper, or

other record of the United States to a building referred to in

section 1 shall be deemed to be a reference to the building as

designated in that section.

''SEC. 3. STATUES.

''The Speaker of the House of Representatives may purchase or

accept as a gift to the House of Representatives, for permanent

display in the appropriate building designated in section 1, a

suitable statue or bust of the individual for whom the building is

named. Such purchase or acceptance shall be carried out -

''(1) in the case of the building referred to in section 1(a),

in consultation with the majority leader of the House of

Representatives; and

''(2) in the case of the building referred to in section 1(b),

in consultation with the minority leader of the House of

Representatives.''

ADDITIONAL HOUSE OFFICE BUILDING

Pub. L. 94-6, ch. I, Feb. 28, 1975, 89 Stat. 12, provided in

part that: ''Notwithstanding any other provision of law, the House

Office Building Commission is authorized (1) to use, to such extent

as it may deem necessary, for the purposes of providing office and

other accommodations for the House of Representatives, the building

located on Square 581 in the District of Columbia when such Square,

including the improvements thereon, is acquired by the Architect of

the Capitol at the direction of the House Office Building

Commission under authority of the Additional House Office Building

Act of 1955 (act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, see

note below) and to incur any expenditures under this appropriation

($15,000,000 for fiscal year ending June 30, 1975, to remain

available until expended) required for alterations, maintenance,

and occupancy thereof, and (2) prior to occupancy of the entire

building by the House of Representatives, to permit the temporary

occupancy by other governmental activities of any part of such

building not so occupied, under such terms and conditions as such

Commission may authorize: Provided further, That any space in such

building used for office and other accommodations for the House of

Representatives shall be deemed to be a part of the 'House Office

Buildings' and, as such, shall be subject to the laws, rules, and

regulations applicable to those buildings.''

Act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, known as the

Additional House Office Building Act of 1955, authorized the

construction of an additional fireproof office building for use of

the House of Representatives, on a site approved by the House

Office Building Commission, in accordance with plans prepared by

the Architect of the Capitol and approved by the Commission,

authorized the Architect of the Capitol to acquire certain real

property in the District of Columbia, subject to the approval of

the Commission, for construction of the office building or for

additions to the United States Capitol Grounds, designated the

necessary procedure for condemnation proceedings conducted pursuant

to such real property acquisition, authorized the demolition of

certain buildings by the Architect, and appropriated $5,000,000 and

authorized such additional appropriations as the Commission deemed

necessary for the construction project.

USE OF CONGRESSIONAL HOTEL AS HOUSE OFFICE BUILDING; LEASE OF

UNUSED SPACE

Pub. L. 92-313, Sec. 8, June 16, 1972, 86 Stat. 222, provided

that:

''(a) Notwithstanding any other provision of law, the House

Office Building Commission is authorized (1) to use, to such extent

as it may deem necessary, for the purpose of providing office and

other accommodations for the House of Representatives, the

building, known as the Congressional Hotel, acquired by the

Government in 1957 as part of Lot 20 in Square 692 in the District

of Columbia under authority of the Additional House Office Building

Act of 1955 (act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, see

note above) and (2) to direct the Architect of the Capitol to

lease, at fair market value, for such other use and under such

terms and conditions and to such parties as such Commission may

authorize, any space in such building not required for the

aforesaid purpose.

''(b) Any space in such building used for office and other

accommodations for the House of Representatives shall be deemed to

be a part of the 'House Office Buildings' and, as such, shall be

subject to the laws, rules, and regulations applicable to those

buildings.''

ADDITIONAL PARKING SPACE FOR HOUSE EMPLOYEES

House Resolution No. 208, Ninety-fourth Congress, Feb. 24, 1975,

as enacted into permanent law by Pub. L. 94-59, title II, Sec. 201,

July 25, 1975, 89 Stat. 282, and amended by Pub. L. 104-186, title

II, Sec. 221(4)(B), Aug. 20, 1996, 110 Stat. 1749, provided: ''That

the chairman, Committee on House Oversight (now Committee on House

Administration) of the House of Representatives is authorized:

''(1) to lease or to otherwise provide additional indoor and

outdoor parking facilities for employees of the House of

Representatives in an area or areas in the District of Columbia

outside but adjacent to the limits of the United States Capitol

Grounds;

''(2) to regulate and assign such additional parking

facilities;

''(3) to utilize the United States Capitol Police with respect

to such parking areas, and transit routes; and

''(4) to utilize the services of the Architect of the Capitol

to prepare bids, leases, or otherwise assist in obtaining such

additional parking facilities.

Until otherwise provided by law, there shall be paid out of the

applicable accounts of the House of Representatives such sums as

may be necessary to carry out this authorization.''

INCLUSION OF ADDITIONAL AREAS AND BUILDINGS

For inclusion of additional areas and buildings as part of the

United States Capitol grounds, see order of the House Office

Building Commission affecting the Capitol grounds and buildings,

set out as a note under section 5102 of Title 40, Public Buildings,

Property, and Works.

COMPENSATION OF SUPERINTENDENT OF GARAGES OF HOUSE OFFICE BUILDINGS

Pub. L. 100-458, title I, Oct. 1, 1988, 102 Stat. 2170, as

amended by Pub. L. 102-90, title I, Sec. 105, Aug. 14, 1991, 105

Stat. 460; Pub. L. 104-186, title II, Sec. 221(4)(A), Aug. 20,

1996, 110 Stat. 1748, provided: ''That upon enactment of this Act

(Oct. 1, 1988), the pay for the position of Superintendent of

Garages shall be equivalent to the pay payable for positions at

step 1 of level 12 of the House Employees Schedule, subject to the

further increases authorized under section 5306(a)(1)(B) of title

5, United States Code, relating to the implementation of salary

comparability policy, and subject to any increase which may be

allowed by the Committee on House Oversight (now Committee on House

Administration) based on performance exceeding an acceptable level

of competence over a 52-week period (except that no such

performance-based increase shall affect the waiting period or

effective date of any longevity step-increase or increase under

such section 5306(a)(1)(B)).''

COMPENSATION OF PERSONNEL ASSIGNED TO HOUSE GARAGES IN CONNECTION

WITH PARKING ACTIVITIES

Pub. L. 93-245, ch. VI, Jan. 3, 1974, 87 Stat. 1079, provided

that: ''Effective on the first day of the first applicable pay

period which begins on or after the date of enactment of this Act

(Jan. 3, 1974), the compensation of personnel assigned to the House

garages in connection with parking activities and paid from the

appropriation 'House Office Building' under the Architect of the

Capitol, shall be fixed by the Architect of the Capitol without

regard to chapter 51 and subchapters III and IV of chapter 53 of

title 5, United States Code, and shall thereafter be adjusted in

accordance with 5 U.S.C. 5307.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2010, 2162 of this title.

-CITE-

2 USC Sec. 2002 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2002. Acquisition of buildings and facilities for use in

emergency situation

-STATUTE-

(a) Acquisition of buildings and facilities

Notwithstanding any other provision of law, in order to respond

to an emergency situation, the Chief Administrative Officer of the

House of Representatives may acquire buildings and facilities,

subject to the availability of appropriations, for the use of the

House of Representatives by lease, purchase, or such other

arrangement as the Chief Administrative Officer considers

appropriate (including a memorandum of understanding with the head

of an executive agency, as defined in section 105 of title 5, in

the case of a building or facility under the control of such

Agency), subject to the approval of the House Office Building

Commission.

(b) Agreements

Notwithstanding any other provision of law, for purposes of

carrying out subsection (a) of this section, the Chief

Administrative Officer may carry out such activities and enter into

such agreements related to the use of any building or facility

acquired pursuant to such subsection as the Chief Administrative

Officer considers appropriate, including -

(1) agreements with the United States Capitol Police or any

other entity relating to the policing of such building or

facility; and

(2) agreements with the Architect of the Capitol or any other

entity relating to the care and maintenance of such building or

facility.

(c) Authority of Capitol Police and Architect

(1) Architect of the Capitol

Notwithstanding any other provision of law, the Architect of

the Capitol may take any action necessary to carry out an

agreement entered into with the Chief Administrative Officer

pursuant to subsection (b) of this section.

(2) Omitted

(d) Transfer of certain funds

Subject to the approval of the Committee on Appropriations of the

House of Representatives, the Architect of the Capitol may transfer

to the Chief Administrative Officer amounts made available to the

Architect for necessary expenses for the maintenance, care and

operation of the House office buildings during a fiscal year in

order to cover any portion of the costs incurred by the Chief

Administrative Officer during the year in acquiring a building or

facility pursuant to subsection (a) of this section.

(e) Effective date

This section and the amendments made by this section shall apply

with respect to fiscal year 2002 and each succeeding fiscal year.

-SOURCE-

(Pub. L. 107-117, div. B, Sec. 903, Jan. 10, 2002, 115 Stat. 2317;

Pub. L. 107-206, title I, Sec. 903(a)(1), Aug. 2, 2002, 116 Stat.

876.)

-REFTEXT-

REFERENCES IN TEXT

For the amendments made by this section, referred to in subsec.

(e), see Codification note below.

-COD-

CODIFICATION

Section was classified to section 175a of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is comprised of section 903 of Pub. L. 107-117. Subsec.

(c)(2) of section 903 of Pub. L. 107-117 amended section 1961 of

this title.

-MISC3-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-206 substituted ''buildings and

facilities, subject to the availability of appropriations,'' for

''buildings and facilities''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-206, title I, Sec. 903(c), Aug. 2, 2002, 116 Stat.

876, provided that: ''The amendment made by this section (amending

this section and section 1961 of this title) shall take effect as

if included in the enactment of the Emergency Supplemental Act,

2002 (Pub. L. 107-117, div. B).''

-CITE-

2 USC Sec. 2003 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2003. Speaker as member of House Office Building commission

-STATUTE-

The Speaker shall continue a member of the commission in control

of said building until his successor as Speaker is elected or his

term as a Representative in Congress shall have expired.

-SOURCE-

(Mar. 4, 1911, ch. 240, 36 Stat. 1306.)

-COD-

CODIFICATION

Section was classified to section 176 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on act Mar. 4, 1911, popularly known as the

''Deficiency Appropriation Act, fiscal year 1911''.

-CITE-

2 USC Sec. 2004 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2004. Assignment of rooms in House Office Building

-STATUTE-

The assignment of rooms in the House Office Building, made prior

to May 28, 1908, by resolution or order of the House of

Representatives, shall continue in force until modified or changed

in accordance with the provisions of sections 2004 to 2011 of this

title, and the room so assigned to any Representative shall

continue to be held by such Representative as his individual office

room so long as he shall remain a Member or Member-elect of the

House of Representatives, or until he shall relinquish the same,

subject, however, to the provisions of said sections, and no

Representative shall allow his office room to be used for any other

purpose.

-SOURCE-

(May 28, 1908, No. 30, 35 Stat. 578.)

-COD-

CODIFICATION

Section was classified to section 177 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2009, 2010 of this title.

-CITE-

2 USC Sec. 2005 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2005. Vacant rooms; assignment to Representatives

-STATUTE-

Any Member or Member-elect of the House of Representatives may

file with the Architect of the Capitol a request in writing that

any individual office room be assigned to him whenever it shall

become vacant. If only one such request has been made for any room

which shall at any time have become vacant, the room shall be

assigned as requested. If two or more requests are made for the

same vacant room, preference shall be given to the Representative

making the request who has been longest in continuous service as a

Member and Member-elect of the House of Representatives. If two or

more Representatives with equal length of continuous service, or

two or more Representatives-elect make request for the same room,

preference shall be given to the one first preferring his request.

-SOURCE-

(May 28, 1908, No. 30, 35 Stat. 578; Mar. 3, 1921, ch. 124, 41

Stat. 1291.)

-COD-

CODIFICATION

Section was classified to section 178 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CHANGE-

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 section 1801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2004, 2009, 2010 of this

title.

-CITE-

2 USC Sec. 2006 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2006. Withdrawal by Representative of request for vacant rooms

-STATUTE-

A Representative or Representative-elect making request for the

assignment of a vacant room may withdraw the same at any time and

no one shall have pending at the same time more than one such

request. The assignment of a new room to a Representative, upon

his request, or the appointment of any Representative having an

individual office room as chairman of a committee having a

committee room, shall act as a relinquishment by him of the room

previously assigned to him.

-SOURCE-

(May 28, 1908, No. 30, 35 Stat. 578.)

-COD-

CODIFICATION

Section was classified to section 179 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2004, 2009, 2010 of this

title.

-CITE-

2 USC Sec. 2007 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2007. Exchange of rooms

-STATUTE-

Representatives having rooms assigned to them in the foregoing

manner may exchange rooms one with another, but such exchange shall

be valid only so long as both Members making the exchange shall

remain continuously Members or Members-elect of the House of

Representatives.

-SOURCE-

(May 28, 1908, No. 30, 35 Stat. 578.)

-COD-

CODIFICATION

Section was classified to section 180 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2004, 2009, 2010 of this

title.

-CITE-

2 USC Sec. 2008 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2008. Record of assignment of rooms

-STATUTE-

The Architect of Capitol shall keep a record of the assignment of

rooms made, exchanges which may be made, requests for vacant rooms

which may be filed, and the assignment thereof, which record shall

be open for the inspection of Representatives or

Representatives-elect of the House.

-SOURCE-

(May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41

Stat. 1291.)

-COD-

CODIFICATION

Section was classified to section 181 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CHANGE-

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 section 1801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2004, 2009, 2010 of this

title.

-CITE-

2 USC Sec. 2009 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2009. Assignment of rooms to Commissioner from Puerto Rico

-STATUTE-

In the matter of the assignment of rooms under sections 2004 to

2011 of this title, Delegates in Congress and the Commissioner from

Puerto Rico shall be treated the same as Representatives.

-SOURCE-

(May 28, 1908, No. 30, 35 Stat. 579; May 17, 1932, ch. 190, 47

Stat. 158; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60

Stat. 1352.)

-COD-

CODIFICATION

Section was classified to section 182 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Words ''and the Philippine Islands'' after ''Puerto Rico'' were

omitted pursuant to 1946 Proc. No. 2695, eff. July 4, 1946, 11

F.R. 7517, 60 Stat. 1352, which granted independence to the

Philippine Islands on July 4, 1946, under the authority of act Mar.

24, 1934, ch. 84, Sec. 10, 48 Stat. 463, as amended, which is

classified to section 1394 of Title 22, Foreign Relations and

Intercourse.

-CHANGE-

CHANGE OF NAME

''Puerto Rico'' substituted in text for ''Porto Rico'' pursuant

to act May 17, 1932, which is classified to section 731a of Title

48, Territories and Insular Possessions.

-MISC4-

COMMISSIONER FROM PUERTO RICO AS RESIDENT COMMISSIONER

Section 2106 of Title 5, Government Organization and Employees,

provides that the term ''Members of Congress'' shall include the

''Resident Commissioner from Puerto Rico.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2004, 2010 of this title.

-CITE-

2 USC Sec. 2010 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2010. Assignment of rooms; control of by House

-STATUTE-

The assignment and reassignment of the rooms and other space in

the House Office Building shall be subject to the control of the

House of Representatives by rule, resolution, order, or otherwise.

Nothing in sections 2004 to 2011 of this title shall be construed

to affect or repeal the provisions of section 2001 of this title,

placing said House Office Building under the control of the

Architect of the Capitol, subject to the approval and direction of

the commission provided therein.

-SOURCE-

(May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41

Stat. 1291.)

-COD-

CODIFICATION

Section was classified to section 183 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CHANGE-

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 section 1801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2004, 2009 of this title.

-CITE-

2 USC Sec. 2011 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2011. Assignment of unoccupied space

-STATUTE-

Unoccupied space in said building shall be assigned by the

Architect of the Capitol under the direction of the commission and

subject to the control of the House of Representatives.

-SOURCE-

(May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41

Stat. 1291.)

-COD-

CODIFICATION

Section was classified to section 184 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CHANGE-

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 section 1801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2004, 2009, 2010 of this

title.

-CITE-

2 USC Sec. 2012 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER I - HOUSE OF REPRESENTATIVES

-HEAD-

Sec. 2012. Furniture for House of Representatives

-STATUTE-

The Architect of the Capitol shall supervise and direct the care

and repair of all furniture in the Hall, cloakrooms, lobby,

committee rooms, and offices of the House, and all furniture

required for the House of Representatives or for any of its

committee rooms or offices shall be procured on designs and

specifications made or approved by the said Architect.

-SOURCE-

(Apr. 28, 1902, ch. 594, 32 Stat. 125.)

-COD-

CODIFICATION

Section was classified to section 169 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on par. from act Apr. 28, 1902, popularly known

as the ''Legislative, Executive, and Judicial Appropriation Act,

fiscal year 1903''.

-CHANGE-

CHANGE OF NAME

Change of name of the Architect of the Capitol, functions

abolished, transferred, etc., by prior acts, see Prior Provisions

and Change of Name notes set out under section 1801 of this title.

-CITE-

2 USC SUBCHAPTER II - SENATE 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER II - SENATE

.

-HEAD-

SUBCHAPTER II - SENATE

-CITE-

2 USC Sec. 2021 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER II - SENATE

-HEAD-

Sec. 2021. Additional Senate office building

-STATUTE-

Upon completion of the additional office building for the United

States Senate, the building and the grounds and sidewalks

surrounding the same shall be subject to the provisions of sections

1922, 1961, 1966, 1967, 1969, 2023, and 2024 of this title and

sections 5101 to 5107 and 5109 of title 40, in the same manner and

to the same extent as the present Senate Office Building and the

grounds and sidewalks surrounding the same.

-SOURCE-

(June 25, 1948, ch. 658, title I, 62 Stat. 1029.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1922, 1961, 1966, 1967, and 1969 of this title and

sections 5101 to 5107 and 5109 of title 40, referred to in text,

was in the original a reference to the Act of July 31, 1946, ch.

707, 60 Stat. 718. Sections 9, 9A, 9B, 9C, and 14 of the Act are

classified, respectively, to sections 1961, 1966, 1967, 1922, and

1969 of this title, and section 16(b) of the Act is set out as a

note under section 1961 of this title. Sections 1 to 8, 10 to 13,

and 16(a) of the Act, which were classified to sections 193a to

193m of former Title 40, Public Buildings, Property, and Works,

were repealed and reenacted as sections 5101 to 5107 and 5109 of

Title 40, Public Buildings, Property, and Works, by Pub. L.

107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1312, the

first section of which enacted Title 40. Section 5(c) of Pub. L.

107-217, set out as a note preceding section 101 of Title 40,

provides that a reference to a law replaced by section 1 of Pub. L.

107-217 is deemed to refer to the corresponding provision enacted

by Pub. L. 107-217. For complete classification of the act of July

31, 1946, to the Code, see Tables. For disposition of sections of

former Title 40, see table at the beginning of Title 40.

Sections 2023 and 2024 of this title, referred to in text, was in

the original a reference to ''the Act of June 8, 1942 (U.S.C.,

title 40, sec. 174(c) and (d))'', which, to reflect the probable

intent of Congress, was translated as meaning the provisions of the

act of June 8, 1942, ch. 396, 56 Stat. 330, which were classified

to sections 174c and 174d of former Title 40, Public Buildings,

Property, and Works. Sections 174c and 174d of former Title 40 have

been transferred to sections 2023 and 2024, respectively, of this

title.

-COD-

CODIFICATION

Section was classified to section 174b-1 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

ACQUISITION OF PROPERTY FOR USE AS RESIDENTIAL FACILITY FOR UNITED

STATES SENATE PAGES

Pub. L. 102-330, Sec. 1, Aug. 3, 1992, 106 Stat. 849, as amended

by Pub. L. 103-50, ch. XII, Sec. 1202, July 2, 1993, 107 Stat.

267, provided that:

''(a) Acquisition of Property. - (1) The Architect of the

Capitol, under the direction of the Senate Committee on Rules and

Administration, may acquire, on behalf of the United States

Government, by purchase, condemnation, transfer or otherwise, as an

addition to the United States Capitol Grounds, such real property

in the District of Columbia as may be necessary to carry out the

provisions of this Act (this note). Real property acquired for

purposes of this Act, may, in the discretion of the Architect of

the Capitol, extend to the outer face of the curbs of such property

so acquired, including alleys or parts of alleys and streets within

the lot lines and curblines surrounding such real property,

together with any or all improvements thereon.

''(2) Subject to the approval by the Committee on Appropriations

of the Senate, an amount necessary to enable the Architect of the

Capitol to carry out the provisions of this section may be

transferred from any appropriation under the heading 'senate' and

the subheadings 'Salaries, Officers and Employees', and 'Office of

the Sergeant at Arms and Doorkeeper', and the subheadings

'Contingent Expenses of the Senate' and 'Sergeant at Arms and

Doorkeeper of the Senate' to the account appropriated under the

heading 'architect of the capitol' and the subheadings 'Capitol

Buildings and Grounds' and 'Senate Office Buildings'.

''(b) United States Capitol Grounds and Buildings. - Immediately

upon the acquisition by the Architect of the Capitol, on behalf of

the United States, of the real property, and the improvements

thereon, as provided under subsection (a), the real property

acquired shall be a part of the United States Capitol Grounds, and

the improvements on such real property shall be a part of the

Senate Office Buildings. Such real property and improvements shall

be subject to the Act of July 31, 1946 (40 U.S.C. 193a et seq.) (2

U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101 to 5107, 5109),

and the Act of June 8, 1942 (40 U.S.C. 174c) (2 U.S.C. 2023, 2024).

''(c) Building Codes. - The real property and improvements

acquired in accordance with subsection (a) shall be repaired and

altered, to the maximum extent feasible as determined by the

Architect of the Capitol, in accordance with a nationally

recognized model building code, and other applicable nationally

recognized codes (including electrical codes, fire and life safety

codes, and plumbing codes, as determined by the Architect of the

Capitol), using the most current edition of the nationally

recognized codes referred to in this subsection.

''(d) Repairs; Expenditures. - The Architect of the Capitol is

authorized, without regard to the provisions of section 3709 of the

Revised Statutes of the United States (41 U.S.C. 5), to enter into

contracts and to make expenditures for (1) necessary repairs to,

and refurbishment of, the real property and the improvements on

such real property acquired in accordance with subsection (a),

including expenditures for personal and other services as may be

necessary to carry out the purposes of this Act; and (2) for the

construction on such real property of any facilities thereon as

authorized under subsection (f). In no event shall the aggregate

value of contracts and expenditures under this subsection exceed an

amount equal to that authorized to be appropriated pursuant to

subsection (e).

''(e) Authorization. - There is authorized to be appropriated to

the account under the heading 'Architect of the Capitol' and the

subheadings 'Capitol Buildings and Grounds' and 'Senate Office

Buildings', $2,000,000 for carrying out the purposes of this Act.

Moneys appropriated pursuant to this authorization may remain

available until expended.

''(f) Use of Property. - The real property, and improvements

thereon, acquired in accordance with subsection (a) shall be

available to the Sergeant at Arms and Doorkeeper of the Senate for

use as a residential facility for United States Senate Pages, and

for such other purposes as the Senate Committee on Rules and

Administration may provide.''

AUTHORIZATION OF ARCHITECT OF CAPITOL TO LEASE CITY POST OFFICE

BUILDING FOR USE BY SENATE AND FOR OTHER PURPOSES

Pub. L. 101-520, title I, Sec. 107, Nov. 5, 1990, 104 Stat. 2267,

provided that:

''(a) Notwithstanding any other provision of law, the Architect

of the Capitol, subject to the approval of the Committee on Rules

and Administration, is authorized to lease, for use by the United

States Senate, and for such other purposes as such committee may

approve, 150,000 square feet of space, more or less, in the

property located at 2 Massachusetts Avenue, N.E., Washington,

District of Columbia, known as the City Post Office Building:

Provided, That rental payments shall be paid from the account

'Architect of the Capitol, Senate Office Buildings' upon vouchers

approved by the Architect of the Capitol: Provided further, That

nothing in this section shall be construed so as to obligate the

Senate or any of its Members, officers, or employees to enter into

any such lease or to imply any obligation to enter into any such

lease.

''(b) Notwithstanding any other provision of law, property leased

under authority of subsection (a) shall be maintained by the

Architect of the Capitol as part of the 'Senate Office Buildings'

subject to the laws, rules, and regulations governing such

buildings, and the Architect is authorized to incur such expenses

as may be necessary to provide for such occupancy.

''(c) There is hereby authorized to be appropriated to the

'Architect of the Capitol, Senate Office Buildings' such sums as

may be necessary to carry out the provisions of subsections (a) and

(b).

''(d) There is authorized to be appropriated to the Sergeant at

Arms of the United States Senate such sums as may be necessary to

provide for the planning and relocation of offices and equipment to

the property described in subsection (a), subject to direction by

the Committee on Rules and Administration.

''(e) The authority under this section shall continue until

otherwise provided by law.''

NORTH CAPITOL PLAZA BUILDING; CONTINUATION OF AUTHORITY FOR LEASE

AND SUBLEASE OF PROPERTY; LEASED PROPERTY AS PART OF SENATE OFFICE

BUILDINGS; RENT LIMITATIONS; NECESSITY OF SENATE RESOLUTION; TERM

OF LEASE; PURCHASE OPTION

Pub. L. 94-157, title I, Sec. 112, Dec. 18, 1975, 89 Stat. 832,

provided that:

''(a) Notwithstanding any other provision of law, the Sergeant at

Arms of the Senate, subject to the approval of the Committee on

Rules and Administration, and the Committee on Appropriations, is

authorized to lease, for use by the United States Senate, and for

such other purposes as such committees may approve, all or any part

of the property located at 400 North Capitol Street, Washington,

District of Columbia, known as the 'North Capitol Plaza Building':

Provided, That rental payments under such lease for the entire

property shall not exceed $3,375,000 per annum, exclusive of

amounts for reimbursement for taxes paid and utilities furnished by

the lessor: Provided further, That a lease shall not become

effective until approved by Senate Resolution. Prior to such

approval process the General Accounting Office shall examine the

terms of the proposed lease and shall report to the Senate on its

reasonableness, taking into account such factors as rental rates

for similar space, advantages of proximity, and possible

alternative arrangements. Such payments shall be paid from the

Contingent Fund of the Senate upon vouchers approved by the

Sergeant at Arms: Provided further, That such lease may be for a

term not in excess of five years, and shall contain an option to

purchase such property, and shall include such other terms and

conditions as such committees may determine to be in the best

interests of the Government: Provided further, That nothing in this

section shall be construed so as to obligate the Senate or any of

its Members, officers, or employees to enter into any such lease or

to imply any obligation to enter into any such lease.

''(b) Notwithstanding any other provision of law, property leased

under authority of subsection (a) shall be maintained by the

Architect of the Capitol as part of the 'Senate Office Buildings'

subject to the laws, rules, and regulations governing such

buildings, and the Architect is authorized to incur such expenses

as may be necessary to provide for such occupancy.

''(c) Notwithstanding any other provision of law, the Sergeant at

Arms of the Senate, subject to the approval of the Committee on

Rules and Administration and the Committee on Appropriations, is

authorized to sublease any part of the property leased under

authority of subsection (a) which is in excess of the requirements

of the Senate. All rental payments under any such sublease shall be

paid to the Sergeant at Arms of the Senate and such amounts shall

thereupon be added to and merged with the appropriation

'Miscellaneous Items' under the Contingent Fund of the Senate.

''(d) Notwithstanding any other provision of law, upon the

approval of the Committee on Rules and Administration and the

Committee on Appropriations, the Secretary of the Senate shall

transfer by voucher or vouchers to the Architect of the Capitol

from the 'Contingent Fund of the Senate' such amounts as may be

necessary for the Architect of the Capitol to carry out the

provisions of subsection (b) and such amounts shall thereupon be

added to and merged with the appropriation 'Senate Office

Buildings'.

''(e) The authority under this section shall continue until

otherwise provided by law.''

CONSTRUCTION OF EXTENSION TO NEW SENATE OFFICE BUILDING

Pub. L. 92-607, ch. V, Oct. 31, 1972, 86 Stat. 1510,

appropriated funds for the construction and equipment of an

extension to the New Senate Office Building and for structural and

other changes in the existing New Senate Office Building

necessitated by such construction and provided that the building

and the grounds and sidewalks surrounding it are subject to the Act

of July 31, 1946 (2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C.

5101 to 5107, 5109), and the Act of June 8, 1942 (2 U.S.C. 2023,

2024).

ACQUISITION OF PROPERTY AS SITE FOR PARKING FACILITIES FOR SENATE

Pub. L. 92-607, ch. V, Oct. 31, 1972, 86 Stat. 1510, as amended

by Pub. L. 93-305, title I, ch. VIII, Sec. 801, June 8, 1974, 88

Stat. 206, authorized the Architect of the Capitol to acquire

certain real property as a site for parking facilities for the

Senate, with such property to become a part of the United States

Capitol Grounds upon acquisition.

ACQUISITION OF PROPERTY TO EXTEND ADDITIONAL SENATE OFFICE BUILDING

SITE

Pub. L. 85-429, May 29, 1958, 72 Stat. 148; Pub. L. 85-591, Aug.

6, 1958, 72 Stat. 495; Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 352;

Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 819; Pub. L. 92-184, ch.

IV, Dec. 15, 1971, 85 Stat. 637, in part authorized the Architect

of the Capitol to acquire certain real property for purposes of

extension of Additional Senate Office Building Site and provided

that such property become a part of the United States Capitol

Grounds or that it be subject to the act of July 31, 1946 (2 U.S.C.

1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101 to 5107, 5109).

-CITE-

2 USC Sec. 2022 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER II - SENATE

-HEAD-

Sec. 2022. Acquisition of buildings and facilities for use in

emergency situation

-STATUTE-

(a) Acquisition of buildings and facilities

Notwithstanding any other provision of law, in order to respond

to an emergency situation, the Sergeant at Arms of the Senate may

acquire buildings and facilities, subject to the availability of

appropriations, for the use of the Senate, as appropriate, by

lease, purchase, or such other arrangement as the Sergeant at Arms

of the Senate considers appropriate (including a memorandum of

understanding with the head of an executive agency, as defined in

section 105 of title 5, in the case of a building or facility under

the control of such Agency). Actions taken by the Sergeant at Arms

of the Senate must be approved by the Committees on Appropriations

and Rules and Administration.

(b) Agreements

Notwithstanding any other provision of law, for purposes of

carrying out subsection (a) of this section, the Sergeant at Arms

of the Senate may carry out such activities and enter into such

agreements related to the use of any building or facility acquired

pursuant to such subsection as the Sergeant at Arms of the Senate

considers appropriate, including -

(1) agreements with the United States Capitol Police or any

other entity relating to the policing of such building or

facility; and

(2) agreements with the Architect of the Capitol or any other

entity relating to the care and maintenance of such building or

facility.

(c) Authority of Capitol Police and Architect

(1) Architect of the Capitol

Notwithstanding any other provision of law, the Architect of

the Capitol may take any action necessary to carry out an

agreement entered into with the Sergeant at Arms of the Senate

pursuant to subsection (b) of this section.

(2) Omitted

(d) Transfer of certain funds

Subject to the approval of the Committee on Appropriations of the

Senate, the Architect of the Capitol may transfer to the Sergeant

at Arms of the Senate amounts made available to the Architect for

necessary expenses for the maintenance, care and operation of the

Senate office buildings during a fiscal year in order to cover any

portion of the costs incurred by the Sergeant at Arms of the Senate

during the year in acquiring a building or facility pursuant to

subsection (a) of this section.

(e) Effective date

This section and the amendments made by this section shall apply

with respect to fiscal year 2002 and each succeeding fiscal year.

-SOURCE-

(Pub. L. 107-117, div. B, Sec. 901, Jan. 10, 2002, 115 Stat. 2315;

Pub. L. 107-206, title I, Sec. 902(a)(1), Aug. 2, 2002, 116 Stat.

876.)

-REFTEXT-

REFERENCES IN TEXT

For the amendments made by this section, referred to in subsec.

(e), see Codification note below.

-COD-

CODIFICATION

Section was classified to section 174b-2 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is comprised of section 901 of Pub. L. 107-117. Subsec.

(c)(2) of section 901 of Pub. L. 107-117 amended section 1961 of

this title.

-MISC3-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-206 substituted ''buildings and

facilities, subject to the availability of appropriations,'' for

''buildings and facilities''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-206, title I, Sec. 902(c), Aug. 2, 2002, 116 Stat.

876, provided that: ''The amendment made by this section (amending

this section and section 1961 of this title) shall take effect as

if included in the enactment of the Emergency Supplemental Act,

2002 (Pub. L. 107-117, div. B).''

-CITE-

2 USC Sec. 2023 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER II - SENATE

-HEAD-

Sec. 2023. Control, care, and supervision of Senate Office Building

-STATUTE-

On and after June 8, 1942 the Senate Office Building, and the

employment of all services (other than for officers and privates of

the Capitol Police) necessary for its protection, care, and

occupancy, together with all other items that may be appropriated

for by the Congress for such purposes, shall be under the control

and supervision of the Architect of the Capitol, subject to the

approval of the Senate Committee on Rules and Administration as to

matters of general policy; and the Architect of the Capitol shall

submit annually to the Congress estimates in detail for all

services (other than for officers and privates of the Capitol

Police) and for all other expenses in connection with said office

building and necessary for its protection, care, and occupancy.

-SOURCE-

(June 8, 1942, ch. 396, 56 Stat. 343; Aug. 2, 1946, ch. 753, title

I, Sec. 102, title II, Sec. 224, 60 Stat. 814, 838.)

-COD-

CODIFICATION

Section was classified to section 174c of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1946 - Act Aug. 2, 1946, substituted ''Committee on Rules and

Administration'' for ''Committee on Rules''.

EFFECTIVE DATE OF 1946 AMENDMENT

Section 142 of act Aug. 2, 1946, provided that section 102 of

that act shall take effect on Jan. 2, 1947, and section 245 of that

act provided that section 224 thereof shall ''take effect on the

day on which the Eightieth Congress convenes''. The Eightieth

Congress convened on Jan. 3, 1947.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2021 of this title.

-CITE-

2 USC Sec. 2024 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER II - SENATE

-HEAD-

Sec. 2024. Assignment of space in Senate Office Building

-STATUTE-

On and after June 8, 1942 the assignment of rooms and other space

in the Senate Office Building shall be under the direction and

control of the Senate Committee on Rules and Administration and

shall not be a part of the duties of the Architect of the Capitol.

-SOURCE-

(June 8, 1942, ch. 396, 56 Stat. 343; Aug. 2, 1946, ch. 753, title

I, Sec. 102, title II, Sec. 224, 60 Stat. 814, 838.)

-COD-

CODIFICATION

Section was classified to section 174d of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1946 - Act Aug. 2, 1946, substituted ''Committee on Rules and

Administration'' for ''Committee on Rules''.

EFFECTIVE DATE OF 1946 AMENDMENT

Section 142 of act Aug. 2, 1946, provided that section 102 of

that act shall take effect on Jan. 2, 1947, and section 245 of that

act provided that section 224 thereof shall ''take effect on the

day on which the Eightieth Congress convenes''. The Eightieth

Congress convened on Jan. 3, 1947.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2021 of this title.

-CITE-

2 USC Sec. 2025 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER II - SENATE

-HEAD-

Sec. 2025. Senate Garage

-STATUTE-

(a) The employees of the Senate garage engaged by the Architect

of the Capitol for the primary purpose of servicing official motor

vehicles, together with the functions performed by such employees,

shall, on October 1, 1980, be transferred to the jurisdiction of

the Sergeant at Arms and Doorkeeper of the Senate: Provided

further, That, effective July 1, 1965, the underground space in the

north extension of the Capitol Grounds, known as the Legislative

Garage shall hereafter be known as the Senate Garage and shall be

under the jurisdiction and control of the Architect of the Capitol,

subject to such regulations respecting the use thereof as may be

promulgated by the Senate Committee on Rules and Administration:

Provided further, That, such regulations shall provide for the

continued assignment of space and the continued furnishing of

service in such garage for official motor vehicles of the House and

the Senate and the Architect of the Capitol and Capitol Grounds

maintenance equipment.

(b) As used in subsection (a) of this section, the term

''servicing'' includes, with respect to an official motor vehicle,

the washing and fueling of such vehicle, the checking of its tires

and battery, and checking and adding oil.

-SOURCE-

(June 30, 1932, ch. 314, 47 Stat. 391; Pub. L. 88-454, Aug. 20,

1964, 78 Stat. 545; Pub. L. 96-444, Sec. 1(a)(1), (b), Oct. 13,

1980, 94 Stat. 1889.)

-COD-

CODIFICATION

Section was classified to section 185a of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-444, Sec. 1(a)(1), designated

existing provision as subsec. (a) and substituted provision

transferring, on October 1, 1980, employees of the Senate garage

engaged by the Architect of the Capitol for the primary purpose of

servicing official motor vehicles, together with the functions

performed by such employees, to the jurisdiction of the Sergeant at

Arms and Doorkeeper of the Senate for provision transferring, on

July 1, 1932, employees engaged in the care and maintenance of the

Senate garage to the jurisdiction of the Architect of the Capitol,

without any reduction in compensation to these employees as the

result of such transfer.

Subsec. (b). Pub. L. 96-444, Sec. 1(b), added subsec. (b).

1964 - Pub. L. 88-454 redesignated the Legislative Garage as the

Senate Garage, transferred the authority to promulgate rules from

the Vice President and the Speaker of the House to the Senate

Committee on Rules and Administration, and directed that the

regulations provide for the continued assignment of space and the

continued furnishing of service for official motor vehicles of the

House and the Senate and the Architect of the Capitol and Capitol

Grounds maintenance equipment.

AVAILABILITY OF APPROPRIATIONS FOR EXPENSES OF SENATE GARAGE

Title I of S. 2939, Ninety-seventh Congress, 2d Session, as

reported Sept. 22, 1982, and incorporated by reference in Pub. L.

97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, to be effective

as if enacted into law, provided in part: ''That appropriations

under this head (senate office buildings) shall hereafter be

available for maintenance, alternations (alterations), personal and

other services, and for all other necessary expenses of the Senate

Garage as authorized by the paragraph beginning 'Capitol Garages'

under the general heading 'ARCHITECT OF THE CAPITOL' in the first

section of the Act entitled 'An Act making appropriations for the

Legislative Branch of the Government for the fiscal year ending

June 30, 1933, and for other purposes', approved June 30, 1933

(1932) (40 U.S.C. 185a) (now this section) and Public Law 96-444

(amending this section and enacting provisions set out as notes

under this section and section 185a of former Title 40, Public

Buildings, Property, and Works).''

APPOINTMENT OF GARAGE ATTENDANTS; COMPENSATION; LONGEVITY

COMPENSATION

Section 2 of Pub. L. 96-444 provided that:

''(a) Effective October 1, 1980, the Sergeant at Arms and

Doorkeeper of the Senate is authorized to appoint and fix the

compensation of four garage attendants at not to exceed $14,100 per

annum each.

''(b) If, and to the extent that, positions established by

subsection (a) are first filled by individuals transferred under

subsection (a)(1) of the first section (amending subsec. (a) of

this section), the Sergeant at Arms and Doorkeeper of the Senate is

authorized to fix, in lieu of the compensation prescribed in

subsection (a), the compensation -

''(1) of not more than two of such positions so filled at not

to exceed $16,560 per annum each;

''(2) of one of such positions so filled at not to exceed

$15,485 per annum; and

''(3) of one of such positions so filled at not to exceed

$14,390 per annum.

Compensation fixed under this subsection for a position first

filled by an individual transferred under subsection (a)(1) of the

first section shall cease to be applicable with respect to such

position on the date that such individual first ceases to occupy

such position.

''(c) During any period with respect to which subsection (b) is

applicable to a position occupied by an individual described in

such subsection, such individual shall be credited, for purposes of

longevity compensation, as authorized by section 106(a), (b), and

(d) of the Legislative Branch Appropriation Act, 1963 (2 U.S.C.

60j), for service performed by such individual in the position of

garage attendant, as an employee of the Architect of the Capitol,

as certified to the Secretary of the Senate by the Architect of the

Capitol.''

-CITE-

2 USC SUBCHAPTER III - RESTAURANTS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER III - RESTAURANTS

.

-HEAD-

SUBCHAPTER III - RESTAURANTS

-CITE-

2 USC Sec. 2041 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER III - RESTAURANTS

-HEAD-

Sec. 2041. House of Representatives restaurant, cafeteria, and food

services

-STATUTE-

(a) Management and duties

Notwithstanding any other authority with respect to the

jurisdiction and control over the management of the House

Restaurant and the cafeteria and other food service facilities of

the House of Representatives, the jurisdiction over such restaurant

and facilities and authority over the direction and supervision of

the immediate management and operation thereof shall be vested in

the Committee on House Oversight; and the immediate management and

operation of such restaurant and facilities may be vested in such

official or other authority, acting as the agent of the committee,

as the committee may designate; and the official or authority so

designated shall perform the duties vested in the Architect of the

Capitol by section 208 of the First Supplemental Civil Functions

Appropriation Act, 1941 (54 Stat. 1056; Public, No. 812,

Seventy-sixth Congress).

(b) Transfer of accounts, records, supplies, equipment, and assets

The Architect of the Capitol is hereby authorized and directed to

transfer, as the Committee on House Oversight directs, all

accounts, records, supplies, equipment, and assets of the House

Restaurant and the cafeteria and other food service facilities of

the House which are in the possession or under the control of the

Architect of the Capitol in order that all such items may be

available for the maintenance and operation of the House Restaurant

under the authority of, and as directed by, the Committee on House

Oversight.

(c) Special deposit account

All authority, responsibility, and functions vested in or imposed

upon the Architect of the Capitol in connection with the special

deposit account established by section 208 of the First

Supplemental Civil Functions Appropriation Act, 1941, shall be

vested in or imposed upon such other official, authority, or

authorities as the Committee on House Oversight may designate.

(d) Effective date

The provisions of this section shall become effective on the

first day of the first calendar month beginning after the date of

adoption of this resolution, until otherwise provided by law.

-SOURCE-

(Pub. L. 92-51, July 9, 1971, 85 Stat. 133; Pub. L. 104-186, title

II, Sec. 221(3)(A), Aug. 20, 1996, 110 Stat. 1748.)

-REFTEXT-

REFERENCES IN TEXT

Section 208 of the First Supplemental Civil Functions

Appropriation Act, 1941, referred to in subsecs. (a) and (c), means

section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056,

which was classified to section 174k of former Title 40, Public

Buildings, Property, and Works, prior to repeal by Pub. L. 104-186,

title II, Sec. 221(3)(B), Aug. 20, 1996, 110 Stat. 1748.

The date of adoption of this resolution, referred to in subsec.

(d), is Mar. 25, 1971. See Codification note below.

-COD-

CODIFICATION

Section was classified to section 174k of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on section 2 of House Resolution No. 317,

Ninety-second Congress, Mar. 25, 1971, which was enacted into

permanent law by Pub. L. 92-51.

-MISC3-

AMENDMENTS

1996 - Subsecs. (a) to (c). Pub. L. 104-186 substituted ''House

Oversight'' for ''House Administration'' wherever appearing.

-CHANGE-

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.

-MISC4-

SPECIAL DEPOSIT ACCOUNT FROM VENDING OPERATIONS

Pub. L. 104-53, title I, Sec. 107A, Nov. 19, 1995, 109 Stat. 522,

as amended by Pub. L. 104-197, title I, Sec. 101(a), Sept. 16,

1996, 110 Stat. 2400, provided that:

''(a) Subject to the direction of the Committee on House

Oversight of the House of Representatives, the amounts deposited in

the account specified in subsection (b) from vending operations of

the House of Representatives Restaurant System shall be available

to pay the cost of goods sold for such operations.

''(b) The account referred to in subsection (a) is the special

deposit account established for the House of Representatives

Restaurant by section 208 of the First Supplemental Civil Functions

Appropriation Act, 1941 (40 U.S.C. 174k note) (former 40 U.S.C.

174k).''

(Pub. L. 104-197, title I, Sec. 101(b), Sept. 16, 1996, 110 Stat.

2401, provided that: ''The amendments made by subsection (a)

(amending section 107A of Pub. L. 104-53, set out above) shall

apply with respect to fiscal years beginning after September 30,

1996.'')

TRANSFER OF FOOD SERVICE OPERATIONS; ELECTION BY CERTAIN AFFECTED

EMPLOYEES; DISABILITY AND RETIREMENT BENEFITS; PROMULGATION OF

REGULATIONS

Pub. L. 99-500, Sec. 111, Oct. 18, 1986, 100 Stat. 1783-348, and

Pub. L. 99-591, Sec. 111, Oct. 30, 1986, 100 Stat. 3341-348,

provided that:

''(a) Any individual who -

''(1) on the day before the date on which food services

operations for the House of Representatives are transferred by

contract to a corporation or other person -

''(A) is a congressional employee (as defined in section 2107

of title 5, United States Code), other than an employee of the

Architect of the Capitol, engaged in providing such food

services under the administrative control of the Architect of

the Capitol; and

''(B) is subject to subchapter III of chapter 83 of title 5,

United States Code, or chapter 84 of such title;

''(2) as a result of such contract, ceases to be an employee

described in paragraph (1); and

''(3) becomes employed to provide such food services under

contract, including a successor contract;

may, for purposes of the provisions of law specified in subsection

(b), elect to be treated, for so long as such individual continues

to be employed (without a break in service) as described in

paragraph (3), as if such individual had not ceased to be an

employee described in paragraph (1). Such election shall be made on

or before the day referred to in paragraph (1) and shall be

available only to an individual whose transition from the

employment described in paragraph (1) to the employment described

in paragraph (3) takes place without a break in service.

''(b) The provisions of law referred to in subsection (a) are -

''(1) subchapter III of chapter 83 of title 5, United States

Code (including section 8339(m) of such title (which shall be

applied, when an employee retires on an immediate annuity or

dies, as if the employment at the time of retirement or death

were under a formal leave system), with respect to unused sick

leave to the credit of an employee on the day referred to in

subsection (a)(1));

''(2) chapter 84 of title 5, United States Code; and

''(3) title III of the Federal Employees' Retirement System Act

of 1986 (sections 301 to 312 of Pub. L. 99-335, see Tables for

classification).

''(c)(1) At the earliest practicable opportunity, the Director of

the Office of Personnel Management shall, in consultation with the

Architect of the Capitol, prescribe regulations to carry out this

section with respect to matters within the jurisdiction of the

Office, including regulations under which -

''(A) an individual who makes an election under subsection (a)

shall pay into the Civil Service Retirement and Disability Fund

any employee contributions which would be required if such

individual were a Congressional employee; and

''(B) the employer furnishing food services under a contract

referred to in subsection (a) shall pay into the Civil Service

Retirement and Disability Fund amounts equal to any agency

contributions which would be required if the individual were a

Congressional employee.

''(2) At the earliest practicable opportunity, the Executive

Director of the Federal Retirement Thrift Investment Board shall,

in consultation with the Architect of the Capitol, prescribe

regulations to carry out this section with respect to matters

within the jurisdiction of the Board.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1846 of this title; title

5 section 5533.

-CITE-

2 USC Sec. 2042 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER III - RESTAURANTS

-HEAD-

Sec. 2042. Senate Restaurants; management by Architect of the

Capitol

-STATUTE-

Effective August 1, 1961, the management of the Senate

Restaurants and all matters connected therewith, heretofore under

the direction of the Senate Committee on Rules and Administration,

shall be under the direction of the Architect of the Capitol under

such rules and regulations as the Architect may prescribe for the

operation and the employment of necessary assistance for the

conduct of said restaurants by such business methods as may produce

the best results consistent with economical and modern management,

subject to the approval of the Senate Committee on Rules and

Administration as to matters of general policy: Provided, That the

management of the Senate Restaurants by the Architect of the

Capitol shall cease and the restaurants revert from the

jurisdiction of the Architect of the Capitol to the jurisdiction of

the Senate Committee on Rules and Administration upon adoption by

that committee of a resolution ordering such transfer of

jurisdiction at any time hereafter. The provisions of section

5104(c) of title 40, except for the provisions relating to

solicitation, shall not apply to any activity carried out pursuant

to this section, subject to the approval of such activities by the

Committee on Rules and Administration.

-SOURCE-

(Pub. L. 87-82, Sec. 1, July 6, 1961, 75 Stat. 199; Pub. L. 106-57,

title I, Sec. 5, Sept. 29, 1999, 113 Stat. 412.)

-COD-

CODIFICATION

''Section 5104(c) of title 40'' substituted in text for ''section

4 of the Act of July 31, 1946 (40 U.S.C. 193d)'' on authority of

Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

Section was classified to section 174j-1 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1999 - Pub. L. 106-57 inserted at end: ''The provisions of

section 193d of this title, except for the provisions relating to

solicitation, shall not apply to any activity carried out pursuant

to this section, subject to the approval of such activities by the

Committee on Rules and Administration.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1846, 2043, 2044, 2047,

2049 of this title; title 5 section 5533.

-CITE-

2 USC Sec. 2043 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER III - RESTAURANTS

-HEAD-

Sec. 2043. Authorization and direction to effectuate purposes of

sections 2042 to 2047 of this title

-STATUTE-

The Architect of the Capitol is authorized and directed to carry

into effect for the United States Senate the provisions of sections

2042 to 2047 of this title and to exercise the authorities

contained herein, and any resolution of the Senate amendatory

hereof or supplementary hereto hereafter adopted. Such authority

and direction shall continue until the United States Senate shall

by resolution otherwise order, or until the Senate Committee on

Rules and Administration shall by resolution order the restaurants

to be returned to the committee's jurisdiction.

-SOURCE-

(Pub. L. 87-82, Sec. 3, July 6, 1961, 75 Stat. 199.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means Pub. L. 87-82, July 6, 1961,

75 Stat. 199, as amended, which enacted sections 2042 to 2047 of

this title. For complete classification of this Act to the Code,

see Tables.

-COD-

CODIFICATION

Section was classified to section 174j-3 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1846, 2044, 2047, 2049 of

this title; title 5 section 5533.

-CITE-

2 USC Sec. 2044 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER III - RESTAURANTS

-HEAD-

Sec. 2044. Special deposit account

-STATUTE-

There is established with the Treasurer of the United States a

special deposit account in the name of the Architect of the Capitol

for the United States Senate Restaurants, into which shall be

deposited all sums received pursuant to sections 2042 to 2047 of

this title or any amendatory or supplementary resolutions hereafter

adopted and from the operations thereunder and from which shall be

disbursed the sums necessary in connection with the exercise of the

duties required under sections 2042 to 2047 of this title or any

amendatory or supplementary resolutions and the operations

thereunder. Any amounts appropriated for fiscal year 1973 and

thereafter from the Treasury of the United States, which shall be

part of a ''Contingent Expenses of the Senate'' item for the

particular fiscal year involved, shall be paid to the Architect of

the Capitol by the Secretary of the Senate at such times and in

such sums as the Senate Committee on Rules and Administration may

approve. Any such payment shall be deposited by the Architect in

full under such special deposit account.

-SOURCE-

(Pub. L. 87-82, Sec. 4, July 6, 1961, 75 Stat. 199; Pub. L. 92-51,

July 9, 1971, 85 Stat. 129; Pub. L. 92-342, Sec. 101, July 10,

1972, 86 Stat. 435.)

-COD-

CODIFICATION

Section was classified to section 174j-4 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1972 - Pub. L. 92-342 substituted provision that amounts

appropriated for 1973 and thereafter which shall be part of

''Contingent Expenses of the Senate'' be paid to the Architect of

the Capitol, for provision that amounts appropriated for 1972 and

thereafter specifically for Senate Restaurants as ''Contingent

Expenses of the Senate'' be paid to Architect of the Capitol.

1971 - Pub. L. 92-51 substituted ''amounts appropriated for

fiscal year 1972 and thereafter'' for Senate Restaurants for

''amounts hereafter appropriated'' for such Restaurants, provision

that amounts appropriated specifically for such Restaurants as a

Contingent Expense of the Senate item for fiscal year involved

shall be paid to Architect of the Capitol, for prior provision

declaring amounts appropriated for such Restaurants shall be a part

of such Restaurants as a Contingent Expense of Senate for fiscal

year involved and for payment of such part to Architect of the

Capitol, and provision for approval of payments by Senate Committee

on Rules and Administration, including times for payments, for

prior provision for payments as appropriations shall specify.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1846, 2043, 2047, 2049,

2050 of this title; title 5 section 5533.

-CITE-

2 USC Sec. 2045 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER III - RESTAURANTS

-HEAD-

Sec. 2045. Deposits and disbursements under special deposit account

-STATUTE-

Deposits and disbursements under such special deposit account (1)

shall be made by the Architect, or, when directed by him, by such

employees of the Architect as he may designate, and (2) shall be

subject to audit by the General Accounting Office at such times and

in such manner as the Comptroller General may direct: Provided,

That payments made by or under the direction of the Architect of

the Capitol from such special deposit account shall be conclusive

upon all officers of the Government.

-SOURCE-

(Pub. L. 87-82, Sec. 5, July 6, 1961, 75 Stat. 200.)

-COD-

CODIFICATION

Section was classified to section 174j-5 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1846, 2043, 2044, 2046,

2047, 2049 of this title; title 5 section 5533.

-CITE-

2 USC Sec. 2046 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER III - RESTAURANTS

-HEAD-

Sec. 2046. Bond of Architect, Assistant Architect, and other

employees

-STATUTE-

The Architect, Assistant Architect, and any employees of the

Architect designated by the Architect under section 2045 of this

title shall each give bond in the sum of $5,000 with such surety as

the Secretary of the Treasury may approve for the handling of the

financial transactions under such special deposit account.

-SOURCE-

(Pub. L. 87-82, Sec. 6, July 6, 1961, 75 Stat. 200.)

-COD-

CODIFICATION

Section was classified to section 174j-6 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1846, 2043, 2044, 2047,

2049 of this title; title 5 section 5533.

-CITE-

2 USC Sec. 2047 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER III - RESTAURANTS

-HEAD-

Sec. 2047. Supersedure of prior provisions for maintenance and

operation of Senate Restaurants

-STATUTE-

Sections 2042 to 2047 of this title shall supersede any other

Acts or resolutions heretofore approved for the maintenance and

operation of the Senate Restaurants: Provided, however, That any

Acts or resolutions now in effect shall again become effective,

should the restaurants at any future time revert to the

jurisdiction of the Senate Committee on Rules and Administration.

-SOURCE-

(Pub. L. 87-82, Sec. 7, July 6, 1961, 75 Stat. 200.)

-COD-

CODIFICATION

Section was classified to section 174j-7 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1846, 2043, 2044, 2049 of

this title; title 5 section 5533.

-CITE-

2 USC Sec. 2048 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER III - RESTAURANTS

-HEAD-

Sec. 2048. Management personnel and miscellaneous expenses;

availability of appropriations; annual and sick leave

-STATUTE-

On and after July 9, 1971, appropriations for the ''Senate Office

Buildings'' shall be available for employment of management

personnel of the Senate restaurant facilities and miscellaneous

restaurant expenses (except cost of food and cigar stand sales)

and, in fixing the compensation of such personnel, the compensation

of four positions hereafter to be designated as Director of Food

Service, Assistant Director of Food Service, Manager (special

functions), and Administrative Officer shall be fixed by the

Architect of the Capitol without regard to chapter 51 and

subchapter III and IV of chapter 53 of title 5, and shall

thereafter be adjusted in accordance with section 5306 of title 5.

Annual and sick leave balances of such personnel, as of July 9,

1971, shall be credited to the leave accounts of such personnel,

subject to the provisions of section 6304 of title 5, upon their

transfer to the appropriation for Senate Office Buildings and such

personnel shall continue, while employed by the Architect of the

Capitol, to earn leave at rates not less than their present accrual

rates.

-SOURCE-

(Pub. L. 92-51, July 9, 1971, 85 Stat. 138; Pub. L. 94-59, title V,

July 25, 1975, 89 Stat. 289; Pub. L. 101-509, title V, Sec. 529

(title I, Sec. 101(b)(5)), Nov. 5, 1990, 104 Stat. 1427, 1440.)

-COD-

CODIFICATION

Section was classified to section 174j-8 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1990 - Pub. L. 101-509 substituted ''5306'' for ''5307''.

1975 - Pub. L. 94-59 inserted references to compensation of

Director of Food Service, Assistant Director of Food Service,

Manager (special functions), and Administrative Officer.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 (title

III, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2049 of this title.

-CITE-

2 USC Sec. 2049 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER III - RESTAURANTS

-HEAD-

Sec. 2049. Loans for Senate Restaurants

-STATUTE-

(a) Borrowing authority

Subject to the approval of the Senate Committee on Rules and

Administration, the Architect of the Capitol shall have authority

to borrow (and be accountable for), from time to time, from the

appropriation account, within the contingent fund of the Senate,

for ''Miscellaneous Items'', such amount as he may determine

necessary to carry out the provisions of the joint resolution

entitled ''Joint Resolution transferring the management of the

Senate Restaurants to the Architect of the Capitol, and for other

purposes'', approved July 6, 1961, as amended (40 U.S.C. 174j-1

through 174j-8) (2 U.S.C. 2042 et seq.), (FOOTNOTE 1) and

resolutions of the Senate amendatory thereof or supplementary

thereto.

(FOOTNOTE 1) See References in Text note below.

(b) Amount and period of loan; voucher

Any such loan authorized pursuant to subsection (a) of this

section shall be for such amount and for such period as the Senate

Committee on Rules and Administration shall prescribe, and shall be

made by the Secretary of the Senate to the Architect of the Capitol

upon a voucher approved by the Chairman of the Senate Committee on

Rules and Administration.

(c) Deposit, credit, and future availability of proceeds from

repayment

All proceeds from the repayment of any such loan shall be

deposited in the appropriation account, within the contingent fund

of the Senate, for ''Miscellaneous Items'', shall be credited to

the fiscal year during which such loan was made, and shall

thereafter be available for the same purposes for which the amount

loaned was initially appropriated.

-SOURCE-

(Pub. L. 98-396, title I, Aug. 22, 1984, 98 Stat. 1395.)

-REFTEXT-

REFERENCES IN TEXT

The Joint Resolution entitled ''Joint Resolution transferring the

management of the Senate Restaurants to the Architect of the

Capitol, and for other purposes'', approved July 6, 1961, referred

to in subsec. (a), is Pub. L. 87-82, July 6, 1961, 75 Stat. 199, as

amended, which enacted sections 174j-1 to 174j-7 of former Title

40, Public Buildings, Property, and Works. Sections 174j-1 and

174j-3 to 174j-7 of former Title 40 were transferred to sections

2042 and 2043 to 2047 of this title, respectively. Section 174j-2

of former Title 40 was repealed by Pub. L. 107-217, Sec. 6(b), Aug.

21, 2002, 116 Stat. 1304. Section 174j-8 of former Title 40, which

was not enacted by Pub. L. 87-82, was transferred to secton 2048 of

this title. For complete classification of this Act to the Code,

see Tables.

-COD-

CODIFICATION

Section was classified to section 174j-9 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 2050 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER III - RESTAURANTS

-HEAD-

Sec. 2050. Transfer of appropriations for management personnel and

miscellaneous restaurant expenses to special deposit account

-STATUTE-

Appropriations under this heading for management personnel and

miscellaneous restaurant expenses on and after October 7, 1997,

shall be transferred at the beginning of each fiscal year to the

special deposit account in the United States Treasury established

under section 2044 of this title, and effective October 1, 1997,

all management personnel of the Senate Restaurant facilities shall

be paid from the special deposit account. Management personnel

transferred hereunder shall be paid at the same rates of pay

applicable immediately prior to the date of transfer, and annual

and sick leave balances shall be credited to leave accounts of such

personnel in the Senate Restaurants.

-SOURCE-

(Pub. L. 105-55, title I, Oct. 7, 1997, 111 Stat. 1189.)

-REFTEXT-

REFERENCES IN TEXT

Appropriations under this heading, referred to in text, probably

means appropriations under the headings ''ARCHITECT OF THE

CAPITOL'', ''Capital Buildings and Grounds'', and ''senate office

buildings'' in the annual Legislative Branch Appropriations Act.

-COD-

CODIFICATION

Section was classified to section 174j-10 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC SUBCHAPTER IV - CHILD CARE 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER IV - CHILD CARE

.

-HEAD-

SUBCHAPTER IV - CHILD CARE

-CITE-

2 USC Sec. 2061 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER IV - CHILD CARE

-HEAD-

Sec. 2061. Designation of play areas on Capitol grounds for

children attending day care center

-STATUTE-

(a) Authority of Capitol Police Board

Notwithstanding any other provision of law and subject to the

provisions of paragraph (1) of subsection (b) of this section, the

Capitol Police Board is authorized to designate certain portions of

the Capitol grounds (other than a portion within the area bounded

on the North by Constitution Avenue, on the South by Independence

Avenue, on the East by First Street, and on the West by First

Street) for use exclusively as play areas for the benefit of

children attending a day care center which is established for the

primary purpose of providing child care for the children of Members

and employees of the Senate or the House of Representatives.

(b) Required approval; fences; termination of authority

(1) In the case of any such designation referred to in subsection

(a) of this section involving a day care center established for the

benefit of children of Members and employees of the Senate, the

designation shall be with the approval of the Senate Committee on

Rules and Administration, and in the case of such a center

established for the benefit of children of Members and employees of

the House of Representatives, the designation shall be with the

approval of the House Committee on House Oversight, with the

concurrence of the House Office Building Commission.

(2) The Architect of the Capitol shall enclose with a fence any

area designated pursuant to subsection (a) of this section as a

play area.

(3) The authority to use an area designated pursuant to

subsection (a) of this section as a play area may be terminated at

any time by the Committee which approved such designation.

(c) Playground equipment; required approval

Nothing in this or any other Act shall be construed as

prohibiting any day care center referred to in subsection (a) of

this section from placing playground equipment within an area

designated pursuant to subsection (a) of this section for use

solely in connection with the operation of such center, subject to,

in the case of a day care center established for the benefit of

children of Members and employees of the Senate, the approval of

the Senate Committee on Rules and Administration, and in the case

of such a center established for the benefit of children of Members

and employees of the House of Representatives, the approval of the

House Committee on House Oversight, with the concurrence of the

House Office Building Commission.

(d) Day care center

The day care center referred to in S. Res. 269, Ninety-eighth

Congress, first session, is a day care center for which space may

be designated under subsection (a) of this section for use as a

play area.

-SOURCE-

(Pub. L. 98-392, Sec. 3, Aug. 21, 1984, 98 Stat. 1362; Pub. L.

104-186, title II, Sec. 221(14), Aug. 20, 1996, 110 Stat. 1750.)

-REFTEXT-

REFERENCES IN TEXT

S. Res. 269, Ninety-eighth Congress, first session, referred to

in subsec. (d), is dated Nov. 14, 1983, and reads as follows:

''Resolved, That payment is authorized from the contingent fund of

the Senate in an amount not to exceed $20,000 for the start-up

costs, including the procurement of the services of individual

consultants or organizations, for a Senate day care center, which

shall be ready for occupancy by January 1, 1984.

''Sec. 2. Payments under this resolution shall be paid from the

appropriation account for 'Miscellaneous Items' in the contingent

fund of the Senate upon vouchers approved by the chairman of the

Committee on Rules and Administration.

''Sec. 3. The Committee on Rules and Administration shall

supervise any contract entered into on behalf of the Senate, under

authority of this resolution. Such contract shall not be subject

to the provisions of section 5 of title 41 of the United States

Code or any other provision of law requiring advertising.''

-COD-

CODIFICATION

Section was classified to section 214b of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1996 - Subsecs. (b)(1), (c). Pub. L. 104-186 substituted ''House

Oversight'' for ''House Administration''.

-CHANGE-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2063, 2064 of this title.

-CITE-

2 USC Sec. 2062 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER IV - CHILD CARE

-HEAD-

Sec. 2062. House of Representatives Child Care Center

-STATUTE-

(a) Maintenance and operation; admission of children

(1) The Chief Administrative Officer of the House of

Representatives shall maintain and operate a child care center (to

be known as the ''House of Representatives Child Care Center'') to

furnish pre-school child care -

(A) for children of individuals whose pay is disbursed by the

Chief Administrative Officer of the House of Representatives and

children of support personnel of the House of Representatives;

(B) if places are available after admission of all children who

are eligible under subparagraph (A), for children of individuals

whose pay is disbursed by the Secretary of the Senate and

children of employees of agencies of the legislative branch; and

(C) if places are available after admission of all children who

are eligible under subparagraph (A) or (B), for children of

employees of other offices, departments, and agencies of the

Federal Government.

(2) Children shall be admitted to the center on a

nondiscriminatory basis and without regard to any office or

position held by their parents.

(b) Advisory board; membership, functions, etc.

(1)(A) The Speaker of the House of Representatives shall appoint

15 individuals (of whom 7 shall be upon recommendation of the

minority leader of the House of Representatives), to serve without

pay, as members of an advisory board for the center. The board

shall -

(i) provide advice to the Chief Administrative Officer on

matters of policy relating to the administration and operation of

the center (including the selection of the director of the

center);

(ii) be chosen from among Members of the House of

Representatives, spouses of Members, parents of children enrolled

in the center, and other individuals with expertise in child care

or interest in the center; and

(iii) serve during the Congress in which they are appointed,

except that a member of the board may continue to serve after the

expiration of a term until a successor is appointed.

(B) The director of the center shall serve as an additional

member of the board, ex officio and without the right to vote.

(2) A vacancy on the board shall be filled in the manner in which

the original appointment is made.

(3) The chairman of the board shall be elected by the members of

the board.

(c) Duties of Chief Administrative Officer of House of

Representatives

In carrying out subsection (a) of this section, the Chief

Administrative Officer is authorized -

(1) to collect fees for child care services;

(2) to accept such gifts of money and property as may be

approved by the Chairman and the ranking minority party member of

the Committee on House Oversight of the House of Representatives,

acting jointly; and

(3) to employ a director and other employees for the center.

(d) Salaries and expenses; funding limits

(1) There is established an account which, subject to

appropriation, and except as provided in paragraph (2), shall be

the exclusive source for all salaries and expenses for activities

carried out under this section. The Chief Administrative Officer

shall deposit in the account any amounts received under subsection

(c) of this section.

(2) With respect to employees of the center, the House of

Representatives shall make Government contributions and payments

for health insurance, retirement, employment taxes, and similar

benefits and programs in the same manner as such contributions and

payments are made for other employees of the House of

Representatives.

(e) Definitions

As used in this section -

(1) the term ''Member of the House of Representatives'' means a

Representative in, or a Delegate or Resident Commissioner to, the

Congress;

(2) the term ''agency of the legislative branch'' means the

Office of the Architect of the Capitol, the Botanic Garden, the

General Accounting Office, the Government Printing Office, the

Library of Congress, the Office of Technology Assessment, the

Congressional Budget Office, and the Copyright Royalty Tribunal;

and

(3) the term ''support personnel'' means, with respect to the

House of Representatives, any employee of a credit union or of

the Architect of the Capitol, whose principal duties are to

support the functions of the House of Representatives.

-SOURCE-

(Pub. L. 102-90, title III, Sec. 312, Aug. 14, 1991, 105 Stat. 467;

Pub. L. 102-392, title III, Sec. 319(a), Oct. 6, 1992, 106 Stat.

1725; Pub. L. 104-186, title II, Sec. 221(5), (6), Aug. 20, 1996,

110 Stat. 1749; Pub. L. 106-100, Sec. 1(a), Nov. 12, 1999, 113

Stat. 1332.)

-COD-

CODIFICATION

Section was classified to section 184g of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is comprised of section 312 of Pub. L. 102-90. Subsec.

(f) of section 312 of Pub. L. 102-90 repealed sections 184b to 184f

of former Title 40, Public Buildings, Property, and Works.

-MISC3-

AMENDMENTS

1999 - Subsec. (a)(1)(C). Pub. L. 106-100 added subpar. (C).

1996 - Pub. L. 104-186, Sec. 221(5)(A), substituted ''Chief

Administrative Officer'' for ''Clerk'' wherever appearing.

Subsec. (a)(1)(A). Pub. L. 104-186, Sec. 221(5)(B), struck out

''or the Sergeant at Arms of the House of Representatives'' before

''and children''.

Subsec. (b)(1)(A). Pub. L. 104-186, Sec. 221(6)(A), substituted

''minority leader'' for ''Minority Leader''.

Subsec. (c)(2). Pub. L. 104-186, Sec. 221(6)(B), substituted

''House Oversight'' for ''House Administration''.

Subsec. (d)(1). Pub. L. 104-186, Sec. 221(6)(C), struck out ''in

the contingent fund of the House of Representatives'' after

''established''.

Subsec. (d)(2). Pub. L. 104-186, Sec. 221(5)(C), substituted

''With respect'' for ''with respect''.

1992 - Subsec. (d)(2). Pub. L. 102-392 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''During

fiscal year 1992, of the funds provided in this Act for the 'HOUSE

OF REPRESENTATIVES' under 'Salaries and Expenses', not more than

$45,000 may be expended to carry out this section, subject to

approval of the Committee on Appropriations of the House of

Representatives. Any amount under this paragraph shall be in

addition to any amount made available under paragraph (1).''

-CHANGE-

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.

-MISC4-

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-100, Sec. 1(b), Nov. 12, 1999, 113 Stat. 1332,

provided that: ''The amendment made by subsection (a) (amending

this section) shall apply with respect to children admitted to the

House of Representatives Child Care Center on or after the date of

the enactment of this Act (Nov. 12, 1999).''

EFFECTIVE DATE OF 1992 AMENDMENT

Section 319(b) of Pub. L. 102-392 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply to

fiscal years beginning after September 30, 1992.''

RETIREMENT CREDIT FOR CERTAIN PRIOR SERVICE WITH HOUSE CHILD CARE

CENTER

Pub. L. 103-69, title III, Sec. 309, Aug. 11, 1993, 107 Stat.

711, provided that:

''(a) Definitions. - For the purpose of this section -

''(1) the term 'House Child Care Center' means the House of

Representatives Child Care Center; and

''(2) the term 'Congressional employee' has the meaning given

such term -

''(A) in subchapter III of chapter 83 of title 5, United

States Code, to the extent that this section relates to the

Civil Service Retirement System; or

''(B) in chapter 84 of title 5, United States Code, to the

extent that this section relates to the Federal Employees'

Retirement System.

''(b) CSRS. - (1) Subject to paragraph (2), any individual who is

an employee of the House Child Care Center on the date of enactment

of this Act (Aug. 11, 1993) shall be allowed credit under

subchapter III of chapter 83 of title 5, United States Code, as a

Congressional employee, for any service if -

''(A) such service was performed before October 1, 1991, as an

employee of the House Child Care Center (as constituted before

that date); and

''(B) the employee is subject to subchapter III of chapter 83

of such title as of the date of enactment of this Act.

''(2) Credit for service described in paragraph (1)(A) shall not

be allowed under this section unless there is paid into the Civil

Service Retirement and Disability Fund, by or on behalf of the

employee involved, an amount equal to the deductions from pay which

would have been applicable under section 8334(c) of title 5, United

States Code, for the period of service involved, if such employee

were then a Congressional employee, including interest. Retirement

credit may not be allowed under this section for any such service

unless the full amount of the deposit required under the preceding

sentence has been paid.

''(c) FERS. - (1) Subject to paragraph (2), any individual who is

an employee of the House Child Care Center on the date of enactment

of this Act (Aug. 11, 1993) shall be allowed credit under chapter

84 of title 5, United States Code, as a Congressional employee, for

any service if -

''(A) such service was performed before October 1, 1991, as an

employee of the House Child Care Center (as constituted before

that date); and

''(B) the employee is subject to chapter 84 of such title as of

the date of enactment of this Act.

''(2) Credit for service described in paragraph (1)(A) shall not

be allowed under this section unless there is paid into the Civil

Service Retirement and Disability Fund, by or on behalf of the

employee involved, an amount equal to the deductions from pay which

would have been payable under applicable provisions of law, for the

period of service involved, if such employee were then a

Congressional employee, including interest (computed in the same

way as interest under subsection (b)(2)). Retirement credit may not

be allowed under this section for any such service unless the full

amount of the deposit required under the preceding sentence has

been paid.

''(d) Clarification. - Nothing in this section shall be

considered to relate to the Thrift Savings Plan.

''(e) OPM Functions. - The Office of Personnel Management shall -

''(1) prescribe any regulations which may be necessary to carry

out this section; and

''(2) with respect to any service for which credit is sought

under this section, accept the certification of the Clerk of the

House of Representatives concerning the period of such service

and the amount of pay which was paid for such service.''

AVAILABILITY OF AMOUNTS DEPOSITED IN ACCOUNT FOR SALARIES AND

EXPENSES

Section 307 of Pub. L. 102-392 provided that: ''The amounts

deposited in the account established by section 312(d)(1) of the

Legislative Branch Appropriations Act, 1992 (40 U.S.C. 184g(d)(1))

(now 2 U.S.C. 2062(d)(1)) shall be available for salaries and

expenses of the House of Representatives Child Care Center without

fiscal year limitation, subject to the approval of the Committee on

Appropriations of the House of Representatives.''

-CITE-

2 USC Sec. 2063 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER IV - CHILD CARE

-HEAD-

Sec. 2063. Senate Employee Child Care Center

-STATUTE-

(a) Applicability of provisions

The provisions of this section shall apply to any individual who

is employed by the Senate day care center (known as the ''Senate

Employee Child Care Center'' and hereafter in this section referred

to as the ''Center'') established pursuant to Senate Resolution

269, Ninety-eighth Congress, and section 2061 of this title.

(b) Employee election of health care insurance coverage

Any individual described under subsection (a) of this section who

is employed by the Center on or after August 14, 1991, shall be

deemed an employee under section 8901(1) of title 5 for purposes of

health insurance coverage under chapter 89 of such title. An

individual described under subsection (a) of this section who is an

employee of the Center on August 14, 1991, may elect coverage under

this subsection during the 31-day period beginning on August 14,

1991, and during such periods as determined by the Office of

Personnel Management for employees of the Center employed after

August 14, 1991.

(c) Deductions and withholding from employee pay

The Center shall make such deductions and withholdings from the

pay of an individual described under subsection (a) of this section

who is an employee of the Center in accordance with subsection (d)

of this section.

(d) Employee records; amount of deductions

The Center shall -

(1) maintain records on all employees covered under this

section in such manner as the Secretary of the Senate may require

for administrative purposes; and

(2) after consultation with the Secretary of the Senate -

(A) make deductions from the pay of employees of amounts

determined in accordance with section 8906 of title 5; and

(B) transmit such deductions to the Secretary of the Senate

for deposit and remittance to the Office of Personnel

Management.

(e) Government contributions

Government contributions for individuals receiving benefits under

this section, as computed under section 8906 of title 5, shall be

made by the Secretary of the Senate from the appropriations

account, within the contingent fund of the Senate, ''miscellaneous

items''.

(f) Regulations

The Office of Personnel Management may prescribe regulations to

carry out the provisions of this section.

-SOURCE-

(Pub. L. 102-90, title III, Sec. 311, Aug. 14, 1991, 105 Stat.

467.)

-REFTEXT-

REFERENCES IN TEXT

For Senate Resolution 269, referred to in subsec. (a), see

References in Text note set out under section 2061 of this title.

-COD-

CODIFICATION

Section was classified to section 214c of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 2064 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER IV - CHILD CARE

-HEAD-

Sec. 2064. Senate Employee Child Care Center employee benefits

-STATUTE-

(a) Election for coverage

The provisions of this section shall apply to any individual who

-

(1)(A) on October 6, 1992, is employed by the Senate day care

center (known as the ''Senate Employee Child Care Center'')

established pursuant to Senate Resolution 269, Ninety-eighth

Congress, and section 2061 of this title; and

(B) makes an election to be covered by this section with the

Secretary of the Senate, no later than 60 days after October 6,

1992; or

(2) is hired by the Center after October 6, 1992, and makes an

election to be covered by this section with the Secretary of the

Senate, no later than 60 days after the date such individual

begins employment.

(b) Payment of deposit; payroll deduction

(1) Any individual described under subsection (a) of this section

may be credited, (FOOTNOTE 1) under section 8411 of title 5 for

service as an employee of the Senate day care center before January

1, 1993, if such employee makes a payment of the deposit under

section 8411(f)(2) of such title without application of the

provisions of section 8411(b)(3) of such title.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(2) An individual described under subsection (a) of this section

shall be credited under section 8411 of title 5 for any service as

an employee of the Senate day care center on or after October 6,

1992, if such employee has such amounts deducted and withheld from

his pay as determined by the Office of Personnel Management (in

accordance with regulations prescribed by such Office subject to

subsection (h) of this section) which would be deducted and

withheld from the basic pay of an employee under section 8422 of

title 5.

(c) Survivor annuities and disability benefits

Notwithstanding any other provision of this section, any service

performed by an individual described under subsection (a) of this

section as an employee of the Senate day care center is deemed to

be civilian service creditable under section 8411 of title 5 for

purposes of qualifying for survivor annuities and disability

benefits under subchapters IV and V of chapter 84 of such title, if

such individual makes payment of an amount, determined by the

Office of Personnel Management, which would have been deducted and

withheld from the basic pay of such individual if such individual

had been an employee subject to section 8422 of title 5 for such

period so credited, together with interest thereon.

(d) Participation in Thrift Savings Plan

An individual described under subsection (a) of this section

shall be deemed a congressional employee for purposes of chapter 84

of title 5 including subchapter III thereof and may make

contributions under section 8432 of such title effective for the

first applicable pay period beginning on or after October 6, 1992.

(e) Life insurance coverage

An individual described under subsection (a) of this section

shall be deemed an employee under section 8701(a)(3) of title 5 for

purposes of life insurance coverage under chapter 87 of such title.

(f) Government contributions

Government contributions for individuals receiving benefits under

this section, as computed under sections 8423, 8432, and 8708,

(FOOTNOTE 2) shall be made by the Secretary of the Senate from the

appropriations account, within the contingent fund of the Senate,

''Miscellaneous Items''.

(FOOTNOTE 2) So in original. The words ''of title 5'' probably

should precede the comma.

(g) Certification of creditable service

The Office of Personnel Management shall accept the certification

of the Secretary of the Senate concerning creditable service for

the purpose of this section.

(h) Payment to center of amounts equal to Federal tax on employers

(1) Subject to the provisions of paragraph (2), the Secretary of

the Senate shall pay such amounts to the Senate day care center

equal to the tax on employers under section 3111 of title 26 with

respect to each employee of the Senate day care center. Such

payments shall be made from the appropriations account, within the

contingent fund of the Senate, ''Miscellaneous Items''.

(2) The Senate day care center shall provide appropriate

documentation to the Secretary of the Senate of payment by such

center of the tax described under paragraph (1), before the

Secretary of the Senate may pay any amount to such center as

provided under paragraph (1).

(i) Administrative provisions

The Center shall -

(1) consult with the Secretary of the Senate on the

administration of this section;

(2) maintain records on all employees covered under this

section in such manner as the Secretary of the Senate may require

for administrative purposes;

(3) make deductions and withholdings from the pay of employees

in the amounts determined under sections 8422, 8432, and 8707 of

title 5; and

(4) transmit such deductions and withholdings to the Secretary

of the Senate for deposit and remittance to the Office of

Personnel Management.

(j) Regulations

The Office of Personnel Management may prescribe regulations to

carry out the provisions of this section.

-SOURCE-

(Pub. L. 102-392, title III, Sec. 320, Oct. 6, 1992, 106 Stat.

1725; Pub. L. 103-50, ch. XII, Sec. 1203(a)(1), (b)(1), July 2,

1993, 107 Stat. 268.)

-REFTEXT-

REFERENCES IN TEXT

For Senate Resolution 269, referred to in subsec. (a)(1)(A), see

References in Text note set out under section 2061 of this title.

-COD-

CODIFICATION

Section was classified to section 214d of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1993 - Subsec. (b)(1). Pub. L. 103-50, Sec. 1203(b)(1),

substituted ''January 1, 1993'' for ''October 6, 1992''.

Subsecs. (h) to (j). Pub. L. 103-50, Sec. 1203(a)(1), added

subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and

(j), respectively.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 1203(a)(2) of Pub. L. 103-50 provided that: ''The

amendments made by paragraph (1) (amending this section) shall take

effect on the first day of the first month beginning on or after

the date of the enactment of this Act (July 2, 1993).''

Section 1203(b)(2) of Pub. L. 103-50 provided that: ''The

amendment made by paragraph (1) (amending this section) shall take

effect on the date of the enactment of this Act (July 2, 1993).''

-CITE-

2 USC Sec. 2065 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER IV - CHILD CARE

-HEAD-

Sec. 2065. Reimbursement of Senate day care center employees

-STATUTE-

(a) Cost of training classes, conferences, and related expenses

Notwithstanding section 1345 of title 31, the Secretary of the

Senate may reimburse any individual employed by the Senate day care

center for the cost of training classes and conferences in

connection with the provision of child care services and for

travel, transportation, and subsistence expenses incurred in

connection with the training classes and conferences.

(b) Documentation

The Senate day care center shall certify and provide appropriate

documentation to the Secretary of the Senate with respect to any

reimbursement under this section. Reimbursements under this

section shall be made from the appropriations account

''MISCELLANEOUS ITEMS'' within the contingent fund of the Senate on

vouchers approved by the Secretary of the Senate.

(c) Regulations and limitations

Reimbursements under this section shall be subject to the

regulations and limitations prescribed by the Committee on Rules

and Administration of the Senate for travel and related expenses

for which payment is authorized to be made from the contingent fund

of the Senate.

(d) Effective date

This section shall be effective on and after October 1, 1996.

-SOURCE-

(Pub. L. 104-197, title I, Sec. 6, Sept. 16, 1996, 110 Stat. 2397.)

-COD-

CODIFICATION

Section was classified to section 214e of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE

ARTS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

.

-HEAD-

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

-CITE-

2 USC Part A - United States Capitol Preservation

Commission 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part A - United States Capitol Preservation Commission

.

-HEAD-

Part A - United States Capitol Preservation Commission

-CITE-

2 USC Sec. 2081 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part A - United States Capitol Preservation Commission

-HEAD-

Sec. 2081. United States Capitol Preservation Commission

-STATUTE-

(a) Establishment and purposes

There is established in the Congress the United States Capitol

Preservation Commission (hereinafter in this part referred to as

the ''Commission'') for the purposes of -

(1) providing for improvements in, preservation of, and

acquisitions for, the United States Capitol;

(2) providing for works of fine art and other property for

display in the United States Capitol and at other locations under

the control of the Congress; and

(3) conducting other activities that directly facilitate,

encourage, or otherwise support any purposes specified in

paragraph (1) or (2).

(b) Membership

The Commission shall be composed of the following Members of

Congress:

(1) The President pro tempore of the Senate and the Speaker of

the House of Representatives, who shall be co-chairmen.

(2) The Chairman and Vice-Chairman of the Joint Committee on

the Library.

(3) The Chairman and the ranking minority party member of the

Committee on Rules and Administration of the Senate, and the

Chairman and the ranking minority party member of the Committee

on House Oversight of the House of Representatives.

(4) The majority leader and the minority leader of the Senate.

(5) The majority leader and the minority leader of the House of

Representatives.

(6) The Chairman of the Commission on the Bicentennial of the

United States Senate and the Chairman of the Commission of the

House of Representatives Bicentenary, to be succeeded upon

expiration of such commissions, by a Senator or Member of the

House of Representatives, as appropriate, appointed by the Senate

or House of Representatives co-chairman of the Commission,

respectively.

(7) One Senator appointed by the President pro tempore of the

Senate and one Senator appointed by the minority leader of the

Senate.

(8) One Member of the House of Representatives appointed by the

Speaker of the House of Representatives and one Member of the

House of Representatives appointed by the minority leader of the

House of Representatives.

(c) Designees

Each member of the Commission specified under subsection (b) of

this section (other than a member under paragraph (7) or (8) of

such subsection) may designate a Senator or Member of the House of

Representatives, as the case may be, to serve as a member of the

Commission in place of the member so specified.

(d) Architect of the Capitol

In addition to the members under subsection (b) of this section,

the Architect of the Capitol shall participate in the activities of

the Commission, ex officio, and without the right to vote.

(e) Staff support and assistance

The Senate Commission on Art, the House of Representatives Fine

Arts Board, and the Architect of the Capitol shall provide to the

Commission such staff support and assistance as the Commission may

request.

-SOURCE-

(Pub. L. 100-696, title VIII, Sec. 801, Nov. 18, 1988, 102 Stat.

4608; Pub. L. 104-186, title II, Sec. 221(7), Aug. 20, 1996, 110

Stat. 1749.)

-COD-

CODIFICATION

Section was classified to section 188a of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1996 - Subsec. (b)(3). Pub. L. 104-186 substituted ''House

Oversight'' for ''House Administration''.

-CHANGE-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2082, 2083 of this title.

-CITE-

2 USC Sec. 2082 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part A - United States Capitol Preservation Commission

-HEAD-

Sec. 2082. Authority of Commission to accept gifts and conduct

other transactions relating to works of fine art and other

property

-STATUTE-

(a) In general

In carrying out the purposes referred to in section 2081(a) of

this title the Commission is authorized -

(1) to accept gifts of works of fine art, gifts of other

property, and gifts of money; and

(2) to acquire property, administer property, dispose of

property, and conduct other transactions related to such

purposes.

(b) Transfer and disposition of works of fine art and other

property

The Commission shall, with respect to works of fine art and other

property received by the Commission -

(1) in consultation with the Joint Committee on the Library,

the Senate Commission on Art, or the House of Representatives

Fine Arts Board, as the case may be, transfer such property to

the entity consulted;

(2) if a transfer described in paragraph (1) is not

appropriate, dispose of the work of fine art by sale or other

transaction; and

(3) in the case of property that is not directly related to the

purposes referred to in section 2081(a) of this title, dispose of

such property by sale or other transaction.

(c) Requirements for conduct of transactions

In conducting transactions under this section, the Commission

shall -

(1) accept money only in the form of a check or similar

instrument made payable to the Treasury of the United States and

shall deposit any such check or instrument in accordance with

section 2083 of this title;

(2) in making sales and engaging in other property

transactions, take into consideration market conditions and other

relevant factors; and

(3) assure that each transaction is directly related to the

purposes referred to in section 2081(a) of this title.

-SOURCE-

(Pub. L. 100-696, title VIII, Sec. 802, Nov. 18, 1988, 102 Stat.

4609; Pub. L. 101-302, title III, Sec. 312(a), May 25, 1990, 104

Stat. 245.)

-COD-

CODIFICATION

Section was classified to section 188a-1 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1990 - Subsec. (b)(1). Pub. L. 101-302 amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''upon

agreement with the Joint Committee on the Library, the Senate

Commission on Art, or the House of Representatives Fine Arts Board,

as the case may be, transfer such property to the entity with which

the agreement is made;''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2083, 2122 of this title.

-CITE-

2 USC Sec. 2083 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part A - United States Capitol Preservation Commission

-HEAD-

Sec. 2083. Capitol Preservation Fund

-STATUTE-

(a) In general

There is established in the Treasury a fund, to be known as the

''Capitol Preservation Fund'' (hereafter in this part referred to

as the ''fund''), which shall consist of (1) amounts deposited, and

interest and proceeds credited, under subsection (d) of this

section, (2) obligations obtained under subsection (e) of this

section, and (3) all surcharges received by the Secretary of the

Treasury from the sale of coins minted under the Bicentennial of

the United States Congress Commemorative Coin Act.

(b) Availability of fund

The fund shall be available to the Commission -

(1) for payment of transaction costs and similar expenses

incurred under section 2082 of this title;

(2) subject to the approval of the Committee on Appropriations

of the House of Representatives and the Committee on

Appropriations of the Senate, for improvement and preservation

projects for the United States Capitol;

(3) for disbursement with respect to works of fine art and

other property as provided in section 2082 of this title; and

(4) for such other payments as may be required to carry out

section 2081 of this title or section 2082 of this title.

(c) Transaction costs and proportionality

In carrying out this section, the Commission shall, to the extent

practicable, take such action as may be necessary -

(1) to minimize disbursements under subsection (b)(1) of this

section; and

(2) to equalize disbursements under subsection (b) of this

section between the Senate and the House of Representatives.

(d) Deposits, credits, and disbursements

The Commission shall deposit in the fund gifts of money and

proceeds of transactions under section 2082 of this title. The

Secretary of the Treasury shall credit to the fund the interest on,

and the proceeds from sale or redemption of, obligations held in

the fund. Disbursements from the fund shall be made on vouchers

approved by the Commission and signed by the co-chairmen.

(e) Investments

The Secretary of the Treasury shall invest any portion of the

fund that, as determined by the Commission, is not required to meet

current withdrawals. Each investment shall be made in an interest

bearing obligation of the United States or an obligation guaranteed

as to principal and interest by the United States that, as

determined by the Commission has a maturity suitable for the fund.

In carrying out this subsection, the Secretary may make such

purchases, sales, and redemptions of obligations as may be approved

by the Commission.

-SOURCE-

(Pub. L. 100-696, title VIII, Sec. 803, Nov. 18, 1988, 102 Stat.

4609; Pub. L. 101-302, title III, Sec. 312(b), May 25, 1990, 104

Stat. 245.)

-REFTEXT-

REFERENCES IN TEXT

The Bicentennial of the United States Congress Commemorative Coin

Act, referred to in subsec. (a), is Pub. L. 100-673, Nov. 17, 1988,

102 Stat. 3992, which is set out as a note under section 5112 of

Title 31, Money and Finance.

-COD-

CODIFICATION

Section was classified to section 188a-2 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-302, Sec. 312(b)(1), struck out

''subject to the approval, except for the purchase of fine art and

antiques, of the Committees on Appropriations of the House of

Representatives and Senate, respectively'' after ''The fund shall

be available to the Commission''.

Subsec. (b)(2). Pub. L. 101-302, Sec. 312(b)(2), inserted

''subject to the approval of the Committee on Appropriations of the

House of Representatives and the Committee on Appropriations of the

Senate,'' before ''For improvement''.

CAPITOL VISITOR CENTER FUNDING

Pub. L. 107-117, div. B, Sec. 913, Jan. 10, 2002, 115 Stat.

2324, provided that:

''(a) Notwithstanding any other provision of law, the United

States Capitol Preservation Commission established under section

801 of the Arizona-Idaho Conservation Act of 1988 (40 U.S.C. 188a)

(now 2 U.S.C. 2081) may transfer to the Architect of the Capitol

amounts in the Capitol Preservation Fund established under section

803 of such Act (40 U.S.C. 188a-2) (now 2 U.S.C. 2083) if the

amounts are to be used by the Architect for the planning,

engineering, design, or construction of the Capitol Visitor Center.

''(b) Any amounts transferred pursuant to subsection (a) shall

remain available for the use of the Architect of the Capitol until

expended.

''(c) This section shall apply with respect to fiscal year 2002

and each succeeding fiscal year.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2082 of this title.

-CITE-

2 USC Sec. 2084 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part A - United States Capitol Preservation Commission

-HEAD-

Sec. 2084. Audits by the Comptroller General

-STATUTE-

The Comptroller General shall conduct annual audits of the

transactions of the Commission and shall report the results of each

audit to the Congress.

-SOURCE-

(Pub. L. 100-696, title VIII, Sec. 804, Nov. 18, 1988, 102 Stat.

4610.)

-COD-

CODIFICATION

Section was classified to section 188a-3 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to the requirement that the Comptroller General

report the results of annual audits to Congress, see section 3003

of Pub. L. 104-66, as amended, set out as a note under section 1113

of Title 31, Money and Finance, and page 2 of House Document No.

103-7.

-CITE-

2 USC Sec. 2085 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part A - United States Capitol Preservation Commission

-HEAD-

Sec. 2085. Advisory boards

-STATUTE-

The Commission may establish appropriate boards to provide advice

and assistance to the Commission and to further the purposes of the

Commission. The boards shall be composed of members (including

chairmen) who shall be appointed by the Commission from public and

private life and shall serve at the pleasure of the Commission and

each co-chairman of the Commission may appoint one member to any

such board. The members of boards under this section may be

reimbursed for actual and necessary expenses incurred in the

performance of the duties of the boards, at the discretion of the

Commission.

-SOURCE-

(Pub. L. 100-696, title VIII, Sec. 805, Nov. 18, 1988, 102 Stat.

4610.)

-COD-

CODIFICATION

Section was classified to section 188a-4 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 2086 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part A - United States Capitol Preservation Commission

-HEAD-

Sec. 2086. Definition

-STATUTE-

As used in this part, the term ''Member of the House of

Representatives'' means a Representative in, or a Delegate or

Resident Commissioner to, the Congress.

-SOURCE-

(Pub. L. 100-696, title VIII, Sec. 806, Nov. 18, 1988, 102 Stat.

4610.)

-COD-

CODIFICATION

Section was classified to section 188a-5 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Part B - Senate Commission on Art 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part B - Senate Commission on Art

.

-HEAD-

Part B - Senate Commission on Art

-CITE-

2 USC Sec. 2101 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part B - Senate Commission on Art

-HEAD-

Sec. 2101. Senate Commission on Art

-STATUTE-

(a) Establishment

There is hereby established a Senate Commission on Art

(hereinafter referred to as ''the Commission'') consisting of the

President pro tempore of the Senate, the chairman and ranking

minority member of the Committee on Rules and Administration of the

Senate, and the majority and minority leaders of the Senate.

(b) Chairman and Vice Chairman; quorum; Executive Secretary

The Commission shall elect a Chairman and a Vice Chairman at the

beginning of each Congress. Three members of the Commission shall

constitute a quorum for the transaction of business, except that

the Commission may fix a lesser number which shall constitute a

quorum for the taking of testimony. The Secretary of the Senate

shall be the Executive Secretary of the Commission (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by a

period.

(c) Selection of Curator of Art and Antiquities of the Senate;

availability of professional and clerical assistance

The Commission shall select a Curator of Art and Antiquities of

the Senate who shall be appointed by and be an employee of the

Secretary of the Senate. The Curator shall serve at the pleasure of

the Commission, shall perform such duties as it may prescribe, and

shall receive compensation at a gross rate, not to exceed $22,089

per annum to be fixed by the Commission. At the request of the

Commission the Secretary of the Senate shall detail to the

Commission such additional professional, clerical, and other

assistants as, from time to time, it deems necessary.

(d) Hearings and meetings

The Commission shall be empowered to hold hearings, summon

witnesses, administer oaths, employ reporters, request the

production of papers and records, take such testimony, and adopt

such rules for the conduct of its hearings and meetings, as it

deems necessary.

-SOURCE-

(Pub. L. 100-696, title IX, Sec. 901(a), (b)(1), (3), Nov. 18,

1988, 102 Stat. 4610, 4611.)

-COD-

CODIFICATION

Section was classified to section 188b of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on section 1 of Senate Resolution No. 382,

Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent

law and amended by Pub. L. 100-696.

-MISC3-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-696, Sec. 901(b)(3), substituted

''Senate Commission on Art'' for ''Commission on Art and

Antiquities of the United States Senate''.

Subsec. (b). Pub. L. 100-696, Sec. 901(b)(1), inserted ''The

Secretary of the Senate shall be the Executive Secretary of the

Commission''.

SENATE RULEMAKING POWER

Section 901(d) of Pub. L. 100-696 provided that: ''The provisions

of this section (enacting sections 2101 to 2106 of this title and

amending sections 2101, 2102, and 2106 of this title) are enacted

by the Congress -

''(1) as an exercise of the rulemaking power of the Senate, and

as such they shall be considered as part of the rules of the

Senate, and such rules shall supersede other rules only to the

extent that they are inconsistent therewith; and

''(2) with full recognition of the constitutional right of the

Senate to change such rules at any time, in the same manner, and

to the same extent as in the case of any other rule of the

Senate.''

INCREASES IN COMPENSATION

Increases in compensation for officers and employees of the

Senate under authority of the Federal Pay Comparability Act of 1970

(Pub. L. 91-656), see Salary Directives of the President pro

tempore of the Senate, set out as notes under section 60a-1 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106 of this title.

-CITE-

2 USC Sec. 2102 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part B - Senate Commission on Art

-HEAD-

Sec. 2102. Duties of Commission

-STATUTE-

(a) In general

The Commission is hereby authorized and directed to supervise,

hold, place, protect, and make known all works of art, historical

objects, and exhibits within the Senate wing of the United States

Capitol, any Senate Office Buildings, and in all rooms, spaces, and

corridors thereof, which are the property of the United States, and

in its judgment to accept any works of art, historical objects, or

exhibits which may hereafter be offered, given, or devised to the

Senate, its committees, and its officers for placement and

exhibition in the Senate wing of the Capitol, the Senate Office

Buildings, or in rooms, spaces, or corridors thereof.

(b) Issuance and publication of regulations

The Commission shall prescribe such regulations as it deems

necessary for the care, protection, and placement of such works of

art, exhibits, and historical objects in the Senate wing of the

Capitol and the Senate Office Buildings, and for their acceptance

on behalf of the Senate, its committees, and officers. Such

regulations shall be published in the Congressional Record at such

time or times as the Commission may deem necessary for the

information of the Members of the Senate and the public.

(c) Consistency of regulations

Regulations authorized by the provisions of section 2183 of this

title to be issued by the Sergeant at Arms of the Senate for the

protection of the Capitol, and any regulations issued, or

activities undertaken, by the Committee on Rules and Administration

of the Senate, or the Architect of the Capitol, in carrying out

duties relating to the care, preservation, and protection of the

Senate wing of the Capitol and the Senate Office Buildings, shall

be consistent with such rules and regulations as the Commission may

issue pursuant to subsection (b) of this section.

(d) Responsibilities of Committee on Rules and Administration of

Senate

The Committee on Rules and Administration of the Senate in

consultation with the Architect of the Capitol and consistent with

regulations prescribed by the Commission under subsection (b) of

this section, shall have responsibility for the supervision,

protection, and placement of all works of art, historical objects,

and exhibits which shall have been accepted on behalf of the Senate

by the Commission or acknowledged as United States property by

inventory of the Commission, and which may be lodged in the Senate

wing of the Capitol or the Senate Office Buildings by the

Commission.

-SOURCE-

(Pub. L. 100-696, title IX, Sec. 901(a), (b)(2), Nov. 18, 1988, 102

Stat. 4610, 4611.)

-COD-

CODIFICATION

Section was classified to section 188b-1 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on section 2 of Senate Resolution No. 382,

Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent

law and amended by Pub. L. 100-696.

-MISC3-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-696, Sec. 901(b)(2), substituted

''protect, and make known'' for ''and protect'' and ''Senate wing

of the United States Capitol, any Senate Office Buildings'' for

''Senate wing of the Capitol''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106 of this title.

-CITE-

2 USC Sec. 2103 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part B - Senate Commission on Art

-HEAD-

Sec. 2103. Supervision and maintenance of Old Senate Chamber

-STATUTE-

The Commission shall have responsibility for the supervision and

maintenance of the Old Senate Chamber on the principal floor of the

Senate wing of the Capitol and of the Old Supreme Court Chamber

insofar as each is to be preserved as a patriotic shrine in the

Capitol for the benefit of the people of the United States.

-SOURCE-

(Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat.

4610; Pub. L. 107-68, title I, Sec. 108(a), Nov. 12, 2001, 115

Stat. 569.)

-COD-

CODIFICATION

Section was classified to section 188b-2 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on section 3 of Senate Resolution No. 382,

Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent

law by Pub. L. 100-696.

-MISC3-

AMENDMENTS

2001 - Pub. L. 107-68 substituted ''and of the Old Supreme Court

Chamber insofar as each'' for ''insofar as it''.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-68, title I, Sec. 108(c), Nov. 12, 2001, 115 Stat.

569, provided that: ''The amendments made by this section (amending

this section and section 2105 of this title) shall apply to fiscal

year 2002 and all succeeding fiscal years.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106 of this title.

-CITE-

2 USC Sec. 2104 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part B - Senate Commission on Art

-HEAD-

Sec. 2104. Publication of list of works of art, historical objects,

and exhibits

-STATUTE-

The Commission shall, from time to time, but at least once every

ten years, publish as a Senate document a list of all works of art,

historical objects, and exhibits currently within the Senate wing

of the Capitol and the Senate Office Buildings, together with their

description, location, and with such notes as may be pertinent to

their history.

-SOURCE-

(Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat.

4610.)

-COD-

CODIFICATION

Section was classified to section 188b-3 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on section 4 of Senate Resolution No. 382,

Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent

law by Pub. L. 100-696.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106 of this title.

-CITE-

2 USC Sec. 2105 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part B - Senate Commission on Art

-HEAD-

Sec. 2105. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated out of the

contingent fund of the Senate for the expenses of the Commission

such amount as may be necessary each fiscal year, to be disbursed

by the Secretary of the Senate on vouchers signed by the Executive

Secretary of the Commission and approved by the Committee on Rules

and Administration of the Senate: Provided, That no payment shall

be made from such appropriation as salary.

-SOURCE-

(Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat.

4610; Pub. L. 107-68, title I, Sec. 108(b), Nov. 12, 2001, 115

Stat. 569.)

-COD-

CODIFICATION

Section was classified to section 188b-4 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on section 5 of Senate Resolution No. 382,

Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent

law by Pub. L. 100-696.

-MISC3-

AMENDMENTS

2001 - Pub. L. 107-68 substituted ''such amount as may be

necessary each fiscal year,'' for ''the sum of $15,000 each fiscal

year,'' and ''the Executive Secretary of the Commission and

approved by the Committee on Rules and Administration of the

Senate'' for ''the Chairman or Vice Chairman of the Commission''.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-68 applicable to fiscal year 2002 and

all succeeding fiscal years, see section 108(c) of Pub. L. 107-68,

set out as a note under section 2103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2106 of this title.

-CITE-

2 USC Sec. 2106 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part B - Senate Commission on Art

-HEAD-

Sec. 2106. Additional authority to acquire works of art, historical

objects, documents, or exhibits

-STATUTE-

(a) The Senate Commission on Art, in addition to any authority

conferred upon it by sections 2101 to 2105 of this title, is

authorized to acquire any work of art, historical object, document

or material relating to historical matters, or exhibit for

placement or exhibition in the Senate wing of the Capitol, the

Senate Office Buildings, or in rooms, spaces, or corridors thereof.

(b) This section shall be effective as of March 1, 1971.

-SOURCE-

(Pub. L. 100-696, title IX, Sec. 901(a), (c), Nov. 18, 1988, 102

Stat. 4610, 4611.)

-COD-

CODIFICATION

Section was classified to section 188b-5 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on Senate Resolution No. 95, Ninety-second

Congress, Apr. 1, 1971, which was enacted into permanent law and

amended by Pub. L. 100-696.

-MISC3-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-696, Sec. 901(c), substituted

''Senate Commission on Art'' for ''Commission on Art and

Antiquities of the United States Senate''.

-CITE-

2 USC Sec. 2107 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part B - Senate Commission on Art

-HEAD-

Sec. 2107. Conservation, restoration, replication, or replacement

of items in United States Senate Collection

-STATUTE-

(a) Use of moneys in Senate contingent fund

Effective with the fiscal year ending September 30, 2002, and

each fiscal year thereafter, subject to the approval of the

Committee on Appropriations of the Senate, any unexpended and

unobligated funds in the appropriation account for the ''Secretary

of the Senate'' within the contingent fund of the Senate which have

not been withdrawn in accordance with section 102a of this title,

shall be available for the expenses incurred, without regard to the

fiscal year in which incurred, for the conservation, restoration,

and replication or replacement, in whole or in part, of works of

art, historical objects, documents, or material relating to

historical matters for placement or exhibition within the Senate

wing of the United States Capitol, any Senate Office Building, or

any room, corridor, or other space therein. In the case of

replication or replacement of such works, objects, documents, or

material, the funds available under this subsection shall be

available for any such works, objects, documents, or material

previously contained within the Senate wing of the Capitol, or a

work, object, document, or material historically accurate.

(b) United States Senate Collection

All such works, objects, documents, or materials referred to in

subsection (a) of this section may be known as the ''United States

Senate Collection''.

(c) Approval of disbursements by Chairman or Executive Secretary of

Senate Commission on Art

Disbursements for expenses incurred for the purposes in

subsection (a) of this section shall be made upon vouchers approved

by the Chairman of the Senate Commission on Art or the Executive

Secretary of the Senate Commission on Art.

-SOURCE-

(Pub. L. 101-302, title III, Sec. 316, May 25, 1990, 104 Stat. 246;

Pub. L. 101-520, title III, Sec. 323, Nov. 5, 1990, 104 Stat. 2285;

Pub. L. 102-90, title III, Sec. 310, Aug. 14, 1991, 105 Stat. 467;

Pub. L. 102-392, title III, Sec. 312, Oct. 6, 1992, 106 Stat. 1723;

Pub. L. 103-69, title III, Sec. 314, Aug. 11, 1993, 107 Stat. 713;

Pub. L. 103-283, title III, Sec. 309, July 22, 1994, 108 Stat.

1442; Pub. L. 104-53, title III, Sec. 311, Nov. 19, 1995, 109 Stat.

538; Pub. L. 104-197, title III, Sec. 313, Sept. 16, 1996, 110

Stat. 2415; Pub. L. 105-55, title III, Sec. 309, Oct. 7, 1997, 111

Stat. 1198; Pub. L. 105-275, title III, Sec. 311, Oct. 21, 1998,

112 Stat. 2457; Pub. L. 106-57, title III, Sec. 309, Sept. 29,

1999, 113 Stat. 427; Pub. L. 106-554, Sec. 1(a)(2) (title I, Sec.

8, title III, Sec. 309), Dec. 21, 2000, 114 Stat. 2763, 2763A-98,

2763A-119; Pub. L. 107-68, title III, Sec. 308, Nov. 12, 2001, 115

Stat. 592.)

-COD-

CODIFICATION

Section was classified to section 188b-6 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-68 substituted ''2002'' for

''2001'' in first sentence.

2000 - Subsec. (a). Pub. L. 106-554, Sec. 1(a)(2) (title III,

Sec. 309), substituted ''2001'' for ''2000'' in first sentence.

Pub. L. 106-554, Sec. 1(a)(2) (title I, Sec. 8(1), (2)), in first

sentence, substituted ''works of art, historical objects,

documents, or material relating to historical matters for placement

or exhibition'' for ''items of art, fine art, and historical

items'' and, in second sentence, substituted ''such works, objects,

documents, or material'' for ''such items'' in two places and ''a

work, object, document, or material'' for ''an item''.

Subsec. (b). Pub. L. 106-554, Sec. 1(a)(2) (title I, Sec. 8(3)),

substituted ''such works, objects, documents, or materials'' for

''such items of art'' and ''may'' for ''shall''.

1999 - Subsec. (a). Pub. L. 106-57 substituted ''2000'' for

''1999''.

1998 - Subsec. (a). Pub. L. 105-275 substituted ''1999'' for

''1998''.

1997 - Subsec. (a). Pub. L. 105-55 substituted ''1998'' for

''1997''.

1996 - Subsec. (a). Pub. L. 104-197 substituted ''1997'' for

''1996''.

1995 - Subsec. (a). Pub. L. 104-53 substituted ''1996'' for

''1995''.

1994 - Subsec. (a). Pub. L. 103-283 substituted ''1995'' for

''1994''.

1993 - Subsec. (a). Pub. L. 103-69 substituted ''1994'' for

''1993''.

1992 - Subsec. (a). Pub. L. 102-392 substituted ''1993'' for

''1992''.

1991 - Subsec. (a). Pub. L. 102-90 substituted ''1992'' for

''1991''.

1990 - Subsec. (a). Pub. L. 101-520 substituted ''1991'' for

''1990''.

-CITE-

2 USC Part C - House of Representatives Fine Arts Board 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part C - House of Representatives Fine Arts Board

.

-HEAD-

Part C - House of Representatives Fine Arts Board

-CITE-

2 USC Sec. 2121 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part C - House of Representatives Fine Arts Board

-HEAD-

Sec. 2121. House of Representatives Fine Arts Board

-STATUTE-

(a) Establishment and authority

There is established in the House of Representatives a Fine Arts

Board (hereafter in sections 2121 and 2122 of this title referred

to as the ''Board''), comprised of the House of Representatives

members of the Joint Committee on the Library. The chairman of the

Committee on House Oversight of the House of Representatives shall

be the chairman of the Board. The Board, in consultation with the

House Office Building Commission, shall have authority over all

works of fine art, historical objects, and similar property that

are the property of the Congress and are for display or other use

in the House of Representatives wing of the Capitol, the House of

Representatives Office Buildings, or any other location under the

control of the House of Representatives.

(b) Clerk of the House of Representatives

Under the supervision and direction of the Board, the Clerk of

the House of Representatives shall be responsible for the

administration, maintenance, and display of the works of fine art

and other property referred to in subsection (a) of this section.

(c) Architect of the Capitol

The Architect of the Capitol shall provide assistance to the

Board and to the Clerk of the House of Representatives in the

carrying out of their responsibilities under sections 2121 and 2122

of this title.

-SOURCE-

(Pub. L. 100-696, title X, Sec. 1001, Nov. 18, 1988, 102 Stat.

4611; Pub. L. 104-186, title II, Sec. 221(8), Aug. 20, 1996, 110

Stat. 1749.)

-COD-

CODIFICATION

Section was classified to section 188c of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-186 substituted ''House

Oversight'' for ''House Administration''.

-CHANGE-

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.

-TRANS-

TRANSFER OF FUNCTIONS

Certain functions of Clerk of House of Representatives

transferred to Director of Non-legislative and Financial Services

by section 7 of House Resolution No. 423, One Hundred Second

Congress, Apr. 9, 1992. Director of Non-legislative and Financial

Services replaced by Chief Administrative Officer of House of

Representatives by House Resolution No. 6, One Hundred Fourth

Congress, Jan. 4, 1995.

-CITE-

2 USC Sec. 2122 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part C - House of Representatives Fine Arts Board

-HEAD-

Sec. 2122. Acceptance of gifts on behalf of the House of

Representatives

-STATUTE-

The Board is authorized to accept, on behalf of the House of

Representatives, gifts of works of fine art, historical objects,

and similar property, including transfers from the United States

Capitol Preservation Commission under section 2082 of this title,

for display or other use in the House of Representatives wing of

the Capitol, the House of Representatives Office Buildings, or any

other location under the control of the House of Representatives.

-SOURCE-

(Pub. L. 100-696, title X, Sec. 1002, Nov. 18, 1988, 102 Stat.

4612.)

-COD-

CODIFICATION

Section was classified to section 188c-1 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2121 of this title.

-CITE-

2 USC Part D - Miscellaneous 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part D - Miscellaneous

.

-HEAD-

Part D - Miscellaneous

-CITE-

2 USC Sec. 2131 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part D - Miscellaneous

-HEAD-

Sec. 2131. National Statuary Hall

-STATUTE-

Suitable structures and railings shall be erected in the old hall

of Representatives for the reception and protection of statuary,

and the same shall be under the supervision and direction of the

Architect of the Capitol. And the President is authorized to invite

all the States to provide and furnish statues, in marble or bronze,

not exceeding two in number for each State, of deceased persons who

have been citizens thereof, and illustrious for their historic

renown or for distinguished civic or military services, such as

each State may deem to be worthy of this national commemoration;

and when so furnished, the same shall be placed in the old hall of

the House of Representatives, in the Capitol of the United States,

which is set apart, or so much thereof as may be necessary, as a

national statuary hall for the purpose herein indicated.

-SOURCE-

(R.S. Sec. 1814; Aug. 15, 1876, ch. 287, 19 Stat. 147.)

-COD-

CODIFICATION

Section was classified to section 187 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

R.S. Sec. 1814 derived from act July 2, 1864, ch. 210, Sec. 2, 13

Stat. 347.

Section 2 of act July 2, 1864, gave the supervision and direction

of the National Statuary Hall to the Commissioner of Public

Buildings.

-CHANGE-

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 section 1801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2132 of this title.

-CITE-

2 USC Sec. 2132 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part D - Miscellaneous

-HEAD-

Sec. 2132. Replacement of statue in Statuary Hall

-STATUTE-

(a) Request by State

(1) Any State may request the Joint Committee on the Library of

Congress to approve the replacement of a statue the State has

provided for display in Statuary Hall in the Capitol of the United

States under section 2131 of this title.

(2) A request shall be considered under paragraph (1) only if -

(A) the request has been approved by a resolution adopted by

the legislature of the State and the request has been approved by

the Governor of the State, and

(B) the statue to be replaced has been displayed in the Capitol

of the United States for at least 10 years as of the time the

request is made, except that the Joint Committee may waive this

requirement for cause at the request of a State.

(b) Agreement upon approval

If the Joint Committee on the Library of Congress approves a

request under subsection (a) of this section, the Architect of the

Capitol shall enter into an agreement with the State to carry out

the replacement in accordance with the request and any conditions

the Joint Committee may require for its approval. Such agreement

shall provide that -

(1) the new statue shall be subject to the same conditions and

restrictions as apply to any statue provided by a State under

section 2131 of this title, and

(2) the State shall pay any costs related to the replacement,

including costs in connection with the design, construction,

transportation, and placement of the new statue, the removal and

transportation of the statue being replaced, and any unveiling

ceremony.

(c) Limitation on number of State statues

Nothing in this section shall be interpreted to permit a State to

have more than two statues on display in the Capitol of the United

States.

(d) Ownership of replaced statue; removal

(1) Subject to the approval of the Joint Committee on the

Library, ownership of any statue replaced under this section shall

be transferred to the State.

(2) If any statue is removed from the Capitol of the United

States as part of a transfer of ownership under paragraph (1), then

it may not be returned to the Capitol for display unless such

display is specifically authorized by Federal law.

(e) Relocation of statues

The Architect of the Capitol, upon the approval of the Joint

Committee on the Library and with the advice of the Commission of

Fine Arts as requested, is authorized and directed to relocate

within the United States Capitol any of the statues received from

the States under section 2131 of this title prior to December 21,

2000, and to provide for the reception, location, and relocation of

the statues received on and after December 21, 2000, from the

States under such section.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(2) (title III, Sec. 311), Dec. 21,

2000, 114 Stat. 2763, 2763A-119.)

-COD-

CODIFICATION

Section was classified to section 187a of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

LOCATION OF STATUES

House Concurrent Resolution 47, passed Feb. 24, 1933, 47 Stat.

Part 2, 1784, provided: ''That the Architect of the Capitol, upon

the approval of the Joint Committee on the Library, with the advice

of the Commission of Fine Arts, is hereby authorized and directed

to relocate within the Capitol any of the statues already received

and placed in Statuary Hall, and to provide for the reception and

location of the statues received hereafter from the States.''

-CITE-

2 USC Sec. 2133 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part D - Miscellaneous

-HEAD-

Sec. 2133. Acceptance and supervision of works of fine arts

-STATUTE-

The Joint Committee on the Library, whenever, in their judgment,

it is expedient, are authorized to accept any work of the fine

arts, on behalf of Congress, which may be offered, and to assign

the same such place in the Capitol as they may deem suitable, and

shall have the supervision of all works of art that may be placed

in the Capitol.

-SOURCE-

(R.S. Sec. 1831.)

-COD-

CODIFICATION

Section was classified to section 188 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

R.S. Sec. 1831 derived from act June 10, 1872, ch. 415, Sec. 1,

17 Stat. 362.

-CITE-

2 USC Sec. 2134 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part D - Miscellaneous

-HEAD-

Sec. 2134. Art exhibits

-STATUTE-

No work of art or manufacture other than the property of the

United States shall be exhibited in the National Statuary Hall, the

Rotunda, or the corridors of the Capitol.

-SOURCE-

(R.S. Sec. 1815; Mar. 3, 1875, ch. 130, 18 Stat. 376; Mar. 3, 1879,

ch. 182, 20 Stat. 391.)

-COD-

CODIFICATION

Section was classified to section 189 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on act Mar. 3, 1879, popularly known as the

''Sundry Civil Appropriation Act, fiscal year 1879''.

R.S. Sec. 1815 derived from act July 20, 1868, ch. 176, Sec. 6,

15 Stat. 110.

-CITE-

2 USC Sec. 2135 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER V - HISTORICAL PRESERVATION AND FINE ARTS

Part D - Miscellaneous

-HEAD-

Sec. 2135. Private studios and works of art

-STATUTE-

No room in the Capitol shall be used for private studios or works

of art, without permission from the Joint Committee on the Library,

given in writing; and it shall be the duty of the Architect of the

Capitol to carry this provision into effect.

-SOURCE-

(Mar. 3, 1875, ch. 130, 18 Stat. 376.)

-COD-

CODIFICATION

Section was classified to section 190 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC SUBCHAPTER VI - BOTANIC GARDEN AND NATIONAL GARDEN 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VI - BOTANIC GARDEN AND NATIONAL GARDEN

.

-HEAD-

SUBCHAPTER VI - BOTANIC GARDEN AND NATIONAL GARDEN

-CITE-

2 USC Sec. 2141 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VI - BOTANIC GARDEN AND NATIONAL GARDEN

-HEAD-

Sec. 2141. Supervision of Botanic Garden

-STATUTE-

The supervision of the Capitol police shall extend over the

Botanical Garden.

-SOURCE-

(R.S. Sec. 1826.)

-COD-

CODIFICATION

Section was classified to section 215 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

R.S. Sec. 1826 derived from Res. July 15, 1870, No. 131, 16 Stat.

391.

-CITE-

2 USC Sec. 2142 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VI - BOTANIC GARDEN AND NATIONAL GARDEN

-HEAD-

Sec. 2142. Superintendent of Botanic Garden and greenhouses

-STATUTE-

There shall be a superintendent and assistants in the Botanical

Garden and greenhouses, who shall be under the direction of the

Joint Committee on the Library.

-SOURCE-

(R.S. Sec. 1827.)

-COD-

CODIFICATION

Section was classified to section 216 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

R.S. Sec. 1827 derived from act Mar. 3, 1873, ch. 226, Sec. 1, 17

Stat. 491.

-CITE-

2 USC Sec. 2143 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VI - BOTANIC GARDEN AND NATIONAL GARDEN

-HEAD-

Sec. 2143. Utilization of personnel by Architect of the Capitol for

maintenance and operation of Botanic Garden

-STATUTE-

On and after December 27, 1974, with the approval of the Joint

Committee on the Library, the Architect of the Capitol may utilize

personnel paid from appropriations under his control for

performance of administrative and clerical duties in connection

with the maintenance and operation of the United States Botanic

Garden, to such extent as he may deem feasible.

-SOURCE-

(Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.)

-COD-

CODIFICATION

Section was classified to section 216b of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 2144 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VI - BOTANIC GARDEN AND NATIONAL GARDEN

-HEAD-

Sec. 2144. Disbursement of appropriations for Botanic Garden

-STATUTE-

On and after November 5, 1990, all appropriations made on account

of the Botanic Garden shall be disbursed for that purpose in the

same manner as other appropriations under the control of the

Architect of the Capitol.

-SOURCE-

(Pub. L. 101-520, title II, Nov. 5, 1990, 104 Stat. 2270.)

-COD-

CODIFICATION

Section was classified to section 216d of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 2145 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VI - BOTANIC GARDEN AND NATIONAL GARDEN

-HEAD-

Sec. 2145. Restriction on use of appropriation for Botanic Garden

-STATUTE-

On and after July 31, 1958, no part of any appropriation for the

Botanic Garden shall be used for the distribution, by congressional

allotment, of trees, plants, shrubs, or other nursery stock.

-SOURCE-

(Pub. L. 85-570, July 31, 1958, 72 Stat. 450.)

-COD-

CODIFICATION

Section was classified to section 216a of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 2146 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VI - BOTANIC GARDEN AND NATIONAL GARDEN

-HEAD-

Sec. 2146. National Garden

-STATUTE-

(a) Establishment; gifts

The Architect of the Capitol, subject to the direction of the

Joint Committee on the Library, is authorized to -

(1) construct a National Garden demonstrating the diversity of

plants, including the rose, our national flower, to be located

between Maryland and Independence Avenues, S.W., and extending

from the Botanic Garden Conservatory to Third Streets, S.W., in

the District of Columbia; and

(2) solicit, receive, accept, and hold gifts, including money,

plant material, and other property, on behalf of the Botanic

Garden, and to dispose of, utilize, obligate, expend, disburse,

and administer such gifts for the benefit of the Botanic Garden,

including among other things, the carrying out of any programs,

duties, or functions of the Botanic Garden, and for constructing,

equipping, and maintaining the National Garden referred to in

paragraph (1).

(b) Gifts and bequests of money; investment; appropriations

(1) Gifts or bequests of money under subsection (a)(2) of this

section shall, when received by the Architect, be deposited with

the Treasurer of the United States, who shall credit these deposits

as offsetting collections to an account entitled ''Botanic Garden,

Gifts and Donations''. The gifts or bequests described under

subsection (a)(2) of this section shall be accepted only in the

total amount provided in appropriations Acts.

(2) The Secretary of the Treasury shall invest any portion of the

account designated in paragraph (1) that, as determined by the

Architect, is not required to meet current expenses. Each

investment shall be made in an interest-bearing obligation of the

United States or an obligation guaranteed both as to principal and

interest by the United States that, as determined by the Architect,

has a maturity date suitable for the purposes of the account. The

Secretary of the Treasury shall credit interest earned on the

obligations to the account.

(3) Receipts, obligations, and expenditures of funds under this

section shall be included in annual estimates submitted by the

Architect for the operation and maintenance of the Botanic Garden

and such funds shall be expended by the Architect, without regard

to section 5 of title 41, for the purposes of this section after

approval in appropriation Acts. All such sums shall remain

available until expended, without fiscal year limitation.

(c) Donations of personal services

(1) In carrying out this section and his duties, the Architect of

the Capitol may accept personal services, including educationally

related work assignments for students in nonpay status, if the

service is to be rendered without compensation.

(2) No person shall be permitted to donate his or her personal

services under this section unless such person has first agreed, in

writing, to waive any and all claims against the United States

arising out of or in connection with such services, other than a

claim under the provisions of chapter 81 of title 5.

(3) No person donating personal services under this section shall

be considered an employee of the United States for any purpose

other than for purposes of chapter 81 of title 5.

(4) In no case shall the acceptance of personal services under

this section result in the reduction of pay or displacement of any

employee of the Botanic Garden.

(d) Tax deductions

Any gift accepted by the Architect of the Capitol under this

section shall be considered a gift to the United States for

purposes of income, estate, and gift tax laws of the United States.

-SOURCE-

(Pub. L. 100-458, title III, Sec. 307E, Oct. 1, 1988, 102 Stat.

2183; Pub. L. 102-229, title II, Sec. 209(a), Dec. 12, 1991, 105

Stat. 1716; Pub. L. 104-53, title II, Sec. 201(b), Nov. 19, 1995,

109 Stat. 529; Pub. L. 105-275, title II, Sec. 201, Oct. 21, 1998,

112 Stat. 2445.)

-REFTEXT-

REFERENCES IN TEXT

The income, estate, and gift tax laws of the United States,

referred to in subsec. (d), are classified generally to Title 26,

Internal Revenue Code.

-COD-

CODIFICATION

Section was classified to section 216c of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1998 - Subsec. (b)(2), (3). Pub. L. 105-275 added par. (2) and

redesignated former par. (2) as (3).

1995 - Subsec. (a)(1). Pub. L. 104-53 substituted ''plants'' for

''plans''.

1991 - Pub. L. 102-229 amended section generally. Prior to

amendment, section read as follows: ''The Architect of the Capitol,

subject to the direction of the Joint Committee on the Library, is

authorized to -

''(1) construct a National Garden demonstrating the diversity

of plants, including the rose, our national flower, to be located

between Maryland and Independence Avenues, S.W., and extending

from the United States Botanic Garden Conservatory to Third

Street, S.W., in the District of Columbia; and

''(2) accept gifts, including money, plants, volunteer time,

planning, construction and installation expenses, assistance and

implements, and garden structures, on behalf of the United States

Botanic Garden for the purpose of constructing the National

Garden described in paragraph (1).''

FUNDS AVAILABLE FOR CONSTRUCTING, EQUIPPING, AND MAINTAINING

NATIONAL GARDEN

Pub. L. 102-392, title II, Sec. 201, Oct. 6, 1992, 106 Stat.

1716, as amended by Pub. L. 104-53, title II, Sec. 201(a), Nov. 19,

1995, 109 Stat. 529; Pub. L. 106-554, Sec. 1(a)(2) (title III, Sec.

312), Dec. 21, 2000, 114 Stat. 2763, 2763A-120; Pub. L. 107-68,

title I, Sec. 135, Nov. 12, 2001, 115 Stat. 583, provided that:

''(a) Pursuant to section 307E of the Legislative Branch

Appropriations Act, 1989 (40 U.S.C. 216c) (now 2 U.S.C. 2146), not

more than $16,500,000 shall be accepted and not more than

$16,500,000 of the amounts accepted shall be available for

obligation by the Architect of the Capitol for constructing,

equipping, and maintaining the National Garden.

''(b) The Architect of the Capitol is authorized to solicit,

receive, accept, and hold amounts under section 307E(a)(2) of the

Legislative Branch Appropriations Act, 1989 (40 U.S.C. 216c(a)(2))

(now 2 U.S.C. 2146(a)(2)) in excess of the $16,500,000 authorized

under subsection (a), but such amounts (and any interest thereon)

shall not be expended by the Architect without approval in

appropriation Acts as required under section 307E(b)(3) of such Act

(40 U.S.C. 216c(b)(3)) (now 2 U.S.C. 2146(b)(3)).''

RENOVATION OF CONSERVATORY OF BOTANIC GARDEN

Section 209(b) of Pub. L. 102-229 provided that: ''Pursuant to

section 307E of the Legislative Branch Appropriations Act, 1989 (2

U.S.C. 2146), not more than $2,000,000 shall be accepted and not

more than $2,000,000 of the amounts accepted shall be available for

obligation by the Architect for preparation of working drawings,

specifications, and cost estimates for renovation of the

Conservatory of the Botanic Garden.''

-CITE-

2 USC Sec. 2147 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VI - BOTANIC GARDEN AND NATIONAL GARDEN

-HEAD-

Sec. 2147. Plant material exchanges

-STATUTE-

On and after July 8, 1935, plant material exchanges may be made

with botanic gardens, institutions, municipal parks, and gardens.

-SOURCE-

(July 8, 1935, ch. 374, 49 Stat. 471.)

-COD-

CODIFICATION

Section was classified to section 217a of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on par. under heading ''BOTANIC GARDEN'' in act

of July 8, 1935, known as the ''Legislative Branch Appropriation

Act, 1936''.

-CITE-

2 USC SUBCHAPTER VII - OTHER ENTITIES AND SERVICES 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VII - OTHER ENTITIES AND SERVICES

.

-HEAD-

SUBCHAPTER VII - OTHER ENTITIES AND SERVICES

-CITE-

2 USC Sec. 2161 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VII - OTHER ENTITIES AND SERVICES

-HEAD-

Sec. 2161. John W. McCormack Residential Page School

-STATUTE-

(a) Construction authorization for dormitory and classroom

facilities complex

There is hereby authorized to be constructed, on a site jointly

approved by the Senate Office Building Commission and the House

Office Building Commission, in accordance with plans which shall be

prepared by or under the direction of the Architect of the Capitol

and which shall be submitted to and jointly approved by the Senate

Office Building Commission and the House Office Building

Commission, a fireproof building containing dormitory and classroom

facilities, including necessary furnishings and equipment, for

pages of the Senate, the House of Representatives, and the Supreme

Court of the United States.

(b) Acquisition of property in District of Columbia

The Architect of the Capitol, under the joint direction and

supervision of the Senate Office Building Commission and the House

Office Building Commission, is authorized to acquire on behalf of

the United States, by purchase, condemnation, transfer, or

otherwise, such publicly or privately owned real property in the

District of Columbia (including all alleys, and parts of alleys,

and streets within the curblines surrounding such real property)

located in the vicinity of the United States Capitol Grounds, as

may be approved jointly by the Senate Office Building Commission

and the House Office Building Commission, for the purpose of

constructing on such real property, in accordance with this

section, a suitable dormitory and classroom facilities complex for

pages of the Senate, the House of Representatives, and the Supreme

Court of the United States.

(c) Condemnation proceedings

Any proceeding for condemnation instituted under subsection (b)

of this section shall be conducted in accordance with subchapter IV

of chapter 13 of title 16 of the District of Columbia Code.

(d) Transfer of United States owned property

Notwithstanding any other provision of law, any real property

owned by the United States, and any alleys, or parts of alleys and

streets, contained within the curblines surrounding the real

property acquired on behalf of the United States under this section

shall be transferred, upon the request of the Architect of the

Capitol made with the joint approval of the Senate Office Building

Commission and the House Office Building Commission, to the

jurisdiction and control of the Architect of the Capitol.

(e) Alley and street closures by Mayor of the District of Columbia

Notwithstanding any other provision of law, any alleys, or parts

of alleys and streets, contained within the curblines surrounding

the real property acquired on behalf of the United States under

this section shall be closed and vacated by the Mayor of the

District of Columbia in accordance with any request therefor made

by the Architect of the Capitol with the joint approval of the

Senate Office Building Commission and the House Office Building

Commission.

(f) United States Capitol Grounds provisions applicable

Upon the acquisition on behalf of the United States of all real

property under this section, such property shall be a part of the

United States Capitol Grounds and shall be subject to the

provisions of sections 1922, 1961, 1966, 1967, and 1969 of this

title and sections 5101 to 5107 and 5109 of title 40.

(g) Designation; employment of services under supervision and

control of Architect of the Capitol: joint approval and

direction of Speaker and President pro tempore; annual

estimates to Congress; regulations governing Architect of the

Capitol

The building constructed on the real property acquired under this

section shall be designated the ''John W. McCormack Residential

Page School''. The employment of all services (other than that of

the United States Capitol Police) necessary for its protection,

care, maintenance, and use, for which appropriations are made by

Congress, shall be under the control and supervision of the

Architect of the Capitol. Such supervision and control shall be

subject to the joint approval and direction of the Speaker and the

President pro tempore. The Architect shall submit annually to the

Congress estimates in detail for all services, other than those of

the United States Capitol Police or those provided in connection

with the conduct of school operations and the personal supervision

of pages, and for all other expenses in connection with the

protection, care, maintenance, and use of the John W. McCormack

Residential Page School. The Speaker and the President pro tempore

shall prescribe, from time to time, regulations governing the

Architect in the provision of services and the protection, care,

and maintenance, of the John W. McCormack Residential Page School.

(h) Joint appointee for supervision and control over page

activities; regulations; Residence Superintendent of Pages:

appointment, compensation, and duties; additional personnel:

appointment and compensation

The Speaker of the House of Representatives and the President pro

tempore of the Senate jointly shall designate an officer of the

House and an officer of the Senate, other than a Member of the

House or Senate, who shall jointly exercise supervision and control

over the activities of the pages resident in the John W. McCormack

Residential Page School. With the approval of the Speaker and the

President pro tempore, such officers so designated shall prescribe

regulations governing -

(1) the actual use and occupancy of the John W. McCormack

Residential Page School including, if necessary, the imposition

of a curfew for pages;

(2) the conduct of pages generally; and

(3) other matters pertaining to the supervision, direction,

safety, and well-being of pages in off-duty hours.

Such officers, subject to the approval of the Speaker and the

President pro tempore, jointly shall appoint and fix the per annum

gross rate of pay of a Residence Superintendent of Pages, who shall

perform such duties with respect to the supervision of pages

resident therein as those officials shall prescribe. In addition,

such officers, subject to the approval of the Speaker and the

President pro tempore, jointly shall appoint and fix the per annum

gross rates of pay of such additional personnel as may be necessary

to assist those officers and the Residence Superintendent of Pages

in carrying out their functions under this section.

(i) Section 88b of this title unaffected

Nothing in section 88b-1 of this title and this section shall

affect the operation of section 88b of this title, relating to

educational facilities of pages and other minors who are

congressional employees.

-SOURCE-

(Pub. L. 91-510, title IV, Sec. 492, Oct. 26, 1970, 84 Stat. 1199;

Pub. L. 93-198, title IV, Sec. 421, Dec. 24, 1973, 87 Stat. 789;

Pub. L. 104-186, title II, Sec. 204(34)(C), Aug. 20, 1996, 110

Stat. 1734.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1922, 1961, 1966, 1967, and 1969 of this title and

sections 5101 to 5107 and 5109 of title 40, referred to in subsec.

(f), was in the original a reference to 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, which is act July 31, 1946, ch. 707, 60 Stat. 718, as

amended. Sections 9, 9A, 9B, 9C, and 14 of the Act are classified,

respectively, to sections 1961, 1966, 1967, 1922, and 1969 of this

title, and section 16(b) of the Act is set out as a note under

section 1961 of this title. Sections 1 to 8, 10 to 13, and 16(a)

of the Act, which were classified to sections 193a to 193m of

former Title 40, Public Buildings, Property, and Works, were

repealed and reenacted as sections 5101 to 5107 and 5109 of Title

40, Public Buildings, Property, and Works, by Pub. L. 107-217, Sec.

1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1312, the first section of

which enacted Title 40. Section 5(c) of Pub. L. 107-217, set out as

a note preceding section 101 of Title 40, provides that a reference

to a law replaced by section 1 of Pub. L. 107-217 is deemed to

refer to the corresponding provision enacted by Pub. L. 107-217.

For complete classification of the act of July 31, 1946, to the

Code, see Tables. For disposition of sections of former Title 40,

see table at the beginning of Title 40.

Section 88b-1 of this title and this section, referred to in

subsec. (i), were in the original ''this part'', meaning part 9 of

title IV of Pub. L. 91-510, Oct. 26, 1970, 84 Stat. 1199, which

enacted section 88b-1 of this title and this section, repealed

section 88c of this title, and enacted a provision set out as a

note under section 88b-1 of this title.

-COD-

CODIFICATION

Section was classified to section 184a of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1996 - Subsec. (i). Pub. L. 104-186 struck out ''section 88a of

title 2 or'' after ''affect the operation of''.

EFFECTIVE DATE

Section effective immediately prior to noon on Jan. 3, 1971, see

section 601(1) of Pub. L. 91-510, set out as an Effective Date of

1970 Amendment note under section 72a of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Commissioner of District of Columbia, as established by

Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by

Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818,

and replaced by office of Mayor of District of Columbia by section

421 of Pub. L. 93-198. Accordingly, ''Mayor'' substituted in

subsec. (e) for ''commissioners''.

-MISC5-

ACQUISITION OF PROPERTY AS SITE FOR JOHN W. MCCORMACK RESIDENTIAL

PAGE SCHOOL

Pub. L. 92-607, ch. V, Oct. 31, 1972, 86 Stat. 1512, authorized

Architect of the Capitol to acquire certain specified real estate

for use as a green park area pending its development for permanent

use as site of John W. McCormack Residential Page School.

-CITE-

2 USC Sec. 2162 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VII - OTHER ENTITIES AND SERVICES

-HEAD-

Sec. 2162. Capitol power plant

-STATUTE-

The heating, lighting, and power plant constructed under the

terms of the Act approved April 28, 1904, shall be known as the

''Capitol power plant''; and all vacancies occurring in the force

operating said plant and the substations in connection therewith

shall be filled by the Architect of the Capitol with the approval

of the commission in control of the House Office Building appointed

under section 2001 of this title.

-SOURCE-

(Mar. 4, 1911, ch. 285, 36 Stat. 1414; Mar. 3, 1921, ch. 124, 41

Stat. 1291.)

-REFTEXT-

REFERENCES IN TEXT

Act approved April 28, 1904, referred to in text, is act Apr. 28,

1904, ch. 1762, Sec. 1 (part), 33 Stat. 452 (479), which provided

an appropriation for the construction of a heating, lighting and

power plant in connection with the office building for the House of

Representatives to furnish the necessary heat, light, and power for

the office building for the House of Representatives, the Capitol

building, the Congressional Library building, and for such other

public buildings erected after Apr. 28, 1904, on grounds adjacent

to the Capitol grounds at the east of the Capitol building and

facing the same.

-COD-

CODIFICATION

Section was classified to section 185 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on act Mar. 4, 1911, popularly known as the

''Sundry Civil Appropriation Act, fiscal year 1912''. It followed

an appropriation for the Capitol power plant.

-CHANGE-

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 section 1801 of this title.

-MISC4-

GENERAL SERVICES ADMINISTRATION COAL YARD

Pub. L. 100-458, title I, Oct. 1, 1988, 102 Stat. 2170, provided:

''That appropriations under this head (''Capitol Power Plant'')

shall hereafter be available for maintenance, alterations, personal

and other services, and for all other necessary expenses of the

Government owned property, buildings and facilities located in Lot

803, Square 695, formerly known as the General Services

Administration Coal Yard at 42 I Street, S.E., in the District of

Columbia.''

-CITE-

2 USC Sec. 2163 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VII - OTHER ENTITIES AND SERVICES

-HEAD-

Sec. 2163. Capitol Grounds shuttle service

-STATUTE-

Funds appropriated for the Capitol Grounds after October 1, 1976,

shall be available for the purchase or rental, maintenance and

operation of passenger motor vehicles to provide shuttle service

for Members and employees of Congress to and from the buildings in

the Legislative group.

-SOURCE-

(Pub. L. 94-440, title VI, Oct. 1, 1976, 90 Stat. 1453.)

-COD-

CODIFICATION

Section was classified to section 223 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2164 of this title.

-CITE-

2 USC Sec. 2164 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VII - OTHER ENTITIES AND SERVICES

-HEAD-

Sec. 2164. Transportation of House Pages by Capitol Grounds shuttle

service

-STATUTE-

The passenger motor vehicles authorized by section 2163 of this

title to provide a shuttle service for Members and employees of

Congress may be used for the transportation of House Pages to and

from special events associated with their education when approved

by the House of Representatives Page Board: Provided further, That

the use of the said passenger motor vehicles for transportation of

House Pages shall not interfere with the shuttle service for

Members and employees of the Congress.

-SOURCE-

(Pub. L. 99-151, title I, Nov. 13, 1985, 99 Stat. 801.)

-COD-

CODIFICATION

Section was classified to section 224 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 2165 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VII - OTHER ENTITIES AND SERVICES

-HEAD-

Sec. 2165. Capitol educational and informational center and

information and distribution stations; operation agreements

-STATUTE-

Notwithstanding any other provision of law, the Architect of the

Capitol, in consultation with the House Office Building Commission

and the Senate Office Building Commission, is hereby authorized and

directed to provide adequate space and facilities in the Capitol

Building for an educational and informational center and

information and distribution stations to afford visitors to the

Capitol Building an opportunity to acquire (1) information relative

to Congressional offices, (2) assistance relative to their visit to

the Capitol, (3) pamphlets, books, drawings, slides and

photographs, and related materials, and (4) information about the

Capitol and the history of the Capitol Building and past and

present Congresses. All materials distributed by such educational

and informational center and such stations shall first be approved

by the Architect of the Capitol, after consultation with the

Committee on House Oversight of the House of Representatives, the

Senate Committee on Rules and Administration, the United States

Capitol Historical Society, and such other educational and

historical groups as the Architect of the Capitol deems

appropriate. The Architect of the Capitol is hereby authorized to

enter into such agreements as may be reasonably necessary to

operate such educational and informational center and stations.

-SOURCE-

(Pub. L. 90-264, title III, Sec. 301, Mar. 12, 1968, 82 Stat. 46;

Pub. L. 104-186, title II, Sec. 221(16), Aug. 20, 1996, 110 Stat.

1750.)

-COD-

CODIFICATION

Section was classified to section 831 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-186 substituted ''Committee on House Oversight

of the House of Representatives'' for ''House Committee on House

Administration''.

-CHANGE-

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.

-CITE-

2 USC Sec. 2166 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VII - OTHER ENTITIES AND SERVICES

-HEAD-

Sec. 2166. Capitol Guide Service

-STATUTE-

(a) Establishment; designation; supervision of Capitol Guide Board;

membership of Board

There is hereby established an organization under the Congress of

the United States, to be designated the ''Capitol Guide Service'',

which shall be subject to the direction, supervision, and control

of a Capitol Guide Board consisting of the Architect of the

Capitol, the Sergeant at Arms of the Senate, and the Sergeant at

Arms of the House of Representatives.

(b) Guided tours; regulations

The Capitol Guide Service is authorized and directed to provide

guided tours of the interior of the United States Capitol Building

for the education and enlightenment of the general public, without

charge for such tours. All such tours shall be conducted in

compliance with regulations prescribed by the Capitol Guide Board.

(c) Duties of Capitol Guide Board; positions of Guide in Capitol

Guide Service; establishment and revision; Chief, Deputy Chief,

and Assistant Chief Guide and Guides: appointment, duties, pay,

and termination of employment

The Capitol Guide Board is authorized -

(1) with the prior approval of the Committee on Rules and

Administration of the Senate and the Committee on House Oversight

of the House of Representatives, to establish and revise such

number of positions of Guide in the Capitol Guide Service as the

Board considers necessary to carry out effectively the activities

of the Capitol Guide Service;

(2) to appoint, on a permanent basis, without regard to

political affiliation, and solely on the basis of fitness to

perform their duties, a Chief Guide, a Deputy Chief Guide, and an

Assistant Chief Guide, and, in addition, such number of Guides as

may be authorized under subparagraph (1) of this subsection;

(3) to prescribe their duties and responsibilities;

(4) with the prior approval of the Committee on Rules and

Administration of the Senate and the Committee on House Oversight

of the House of Representatives, to fix, and adjust from time to

time, their respective rates of pay at single per annum (gross)

rates; and

(5) to terminate their employment as the Board considers

appropriate.

(d) Uniforms

The Capitol Guide Board shall -

(1) prescribe a uniform dress, including appropriate insignia,

which shall be worn by personnel of the Capitol Guide Service

when on duty; and

(2) from time to time, as may be necessary, procure and furnish

such uniforms to such personnel without charge to such personnel.

(e) Acceptance of fees; prohibition

An employee of the Capitol Guide Service shall not charge or

accept any fee, or accept any gratuity, for or on account of his

official services.

(f) Personnel detail

The Capitol Guide Board may detail personnel of the Capitol Guide

Service to assist the United States Capitol Police by providing

ushering and informational services, and other services not

directly involving law enforcement, in connection with the

inauguration of the President and Vice President of the United

States, the official reception of representatives of foreign

nations and other persons by the Senate or House of

Representatives, and other special or ceremonial occasions in the

United States Capitol Building or on the United States Capitol

Grounds which require the presence of additional Government

personnel and which cause the temporary suspension of the

performance of the regular duties of the Capitol Guide Service.

(g) Historical and educational information

The Capitol Guide Board may receive and consider advice and

information from any private historical or educational

organization, association, or society with respect to those

operations of the Capitol Guide Service which involve the

furnishing of historical and educational information to the general

public.

(h) Regulations for operation of Service

With the prior approval of the Committee on Rules and

Administration of the Senate and the Committee on House

Administration of the House of Representatives, the Capitol Guide

Board shall prescribe such regulations as the Board considers

necessary and appropriate for the operation of the Capitol Guide

Service.

(i) Disciplinary action

The Capitol Guide Board may take appropriate disciplinary action,

including, when circumstances warrant, suspension from duty without

pay, reduction in pay, demotion, or removal from employment with

the Capitol Guide Service, against any employee who violates any

provision of this section or any regulations prescribed by the

Board pursuant to this section.

(j) Volunteers

(1) Notwithstanding section 1342 of title 31, the Capitol Guide

Service is authorized to accept voluntary personal services.

(2) No person shall be permitted to donate personal services

under this subsection unless the person has first agreed, in

writing, to waive any claim against the United States arising out

of or in connection with such services, other than a claim under

chapter 81 of title 5.

(3) No person donating personal services under this section shall

be considered an employee of the United States for any purpose

other than for purposes of chapter 81 of title 5.

(4) In no case shall the acceptance of personal services under

this section result in the reduction of pay or displacement of any

employee of the Capitol Guide Service.

-SOURCE-

(Pub. L. 91-510, title IV, Sec. 441, Oct. 26, 1970, 84 Stat. 1190;

Pub. L. 95-94, title I, Aug. 5, 1977, 91 Stat. 671; Pub. L.

104-186, title II, Sec. 221(17), Aug. 20, 1996, 110 Stat. 1750;

Pub. L. 104-279, Oct. 9, 1996, 110 Stat. 3358.)

-COD-

CODIFICATION

Section was classified to section 851 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1996 - Subsec. (c)(1), (4). Pub. L. 104-186, Sec. 221(17)(A),

substituted ''House Oversight'' for ''House Administration''.

Subsec. (j). Pub. L. 104-279 added subsec. (j).

Pub. L. 104-186, Sec. 221(17)(B), struck out subsec. (j) which

read as follows: ''The expenses of the Capitol Guide Service shall

be paid from the contingent fund of the House of Representatives,

until appropriations are available for the payment of such

expenses.''

1977 - Subsec. (c)(2). Pub. L. 95-94 inserted reference to Deputy

Chief Guide.

-CHANGE-

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.

-MISC4-

EFFECTIVE DATE OF 1977 AMENDMENT

Pub. L. 95-94 provided that the amendment is effective Oct. 1,

1977.

EFFECTIVE DATE

Section effective immediately prior to noon on Jan. 3, 1971, see

section 601(1) of Pub. L. 91-510, set out as an Effective Date of

1970 Amendment note under section 72a of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Certain functions of Sergeant at Arms of House of Representatives

transferred to Director of Non-legislative and Financial Services

by section 7 of House Resolution No. 423, One Hundred Second

Congress, Apr. 9, 1992. Director of Non-legislative and Financial

Services replaced by Chief Administrative Officer of House of

Representatives by House Resolution No. 6, One Hundred Fourth

Congress, Jan. 4, 1995.

-MISC5-

INCREASES IN COMPENSATION

Increases in compensation for the Capitol Guide Board, the Chief

Guide, the Deputy Chief Guide, the Assistant Chief Guide, and the

Guides of the Capitol Guide Service under authority of the Federal

Pay Comparability Act of 1970 (Pub. L. 91-656), see Salary

Directives of the President pro tempore of the Senate, set out as

notes under section 60a-1 of this title.

TRANSITIONAL PROVISIONS

Section 443 of Pub. L. 91-510 provided that:

''(a) The initial appointments, under section 441(c)(2) of this

Act (subsec. (c)(2) of this section), of personnel of the Capitol

Guide Service shall be effective on the effective date of this

section. The Capitol Guide Board shall afford, to each person who

is a member of the United States Capitol Guides immediately prior

to such effective date, the opportunity to be appointed to a

comparable position in the Capitol Guide Service without reduction

in level of rank and seniority. For the purposes of the initial

appointments of such persons, the number of such persons shall be

considered to have been authorized for the Capitol Guide Service

under section 441(c)(1) of this Act (subsec. (c)(1) of this

section). The per annum (gross) rate of pay of each such person so

initially appointed shall be a rate equal to the per annum rate of

pay received by the United States Capitol Guides, who worked full

tours of duty, averaged over the last five calendar years

(excluding 1968) ending prior to the date of enactment of this Act

(Oct. 26, 1970). Subject to section 441(i) of this Act (subsec. (i)

of this section), the rate of each such person so initially

appointed shall not, at any time after such initial appointment, be

less than the rate at which he was initially appointed so long as

he remains in the same position; but, when such position becomes

vacant, the rate of pay of any subsequent appointee thereto shall

be fixed in accordance with section 441 of this Act (this section).

''(b) The United States Capitol Police Board shall transfer, on

the effective date of this section, to the Capitol Guide Board, all

personnel records, financial records, assets, and other property of

the United States Capitol Guides, which exist immediately prior to

such effective date.

''(c) As soon as practicable after the effective date of this

section but not later than the close of the sixtieth day after such

effective date, the Capitol Guide Board shall, out of the assets

and property transferred under subsection (b) of this section, on

the basis of a special audit which shall be conducted by the

General Accounting Office -

''(1) settle and pay any outstanding accounts payable of the

United States Capitol Guides,

''(2) discharge the financial and other obligations of the

United States Capitol Guides (including reimbursement to

purchasers of tickets for guided tours which are purchased and

paid for in advance of intended use and are unused), and

''(3) otherwise wind up the affairs of the United States

Capitol Guides,

which exist immediately prior to such effective date. The Capitol

Guide Board shall dispose of any net monetary amounts remaining

after the winding up of the affairs of the United States Capitol

Guides, in accordance with the practices and procedures of the

United States Capitol Guides, existing immediately prior to the

effective date of this section, with respect to disposal of

monetary surpluses.''

(Section 443 of Pub. L. 91-510, set out as a note above,

effective immediately prior to noon on Jan. 3, 1971, see section

601(1) of Pub. L. 91-510, set out as an Effective Date of 1970

Amendment note under section 72a of this title.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 60j of this title.

-CITE-

2 USC Sec. 2167 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VII - OTHER ENTITIES AND SERVICES

-HEAD-

Sec. 2167. Congressional Award Youth Park

-STATUTE-

(a) Designation

The parcel of approximately 5 acres of land located on the

Capitol Grounds and described in subsection (b) of this section

shall be known and designated as the ''Congressional Award Youth

Park''.

(b) Area included

(1) In general

The parcel of land described in subsection (a) of this section

is -

(A) bounded on the north by Constitution Avenue, N.W.;

(B) bounded on the east by First Street, N.W.;

(C) bounded on the south by Pennsylvania Avenue, N.W.; and

(D) bounded on the west by Third Street N.W.

(2) Extension

The park shall extend to the curbs of the streets described in

paragraph (1).

(c) Design

(1) Competition

The Architect of the Capitol shall sponsor a competition for

the design of the park, based on specifications developed by the

Architect.

(2) Specifications

(A) In general

Not later than June 30, 2002, the Architect, in consultation

with the majority leader and the minority leader of the Senate,

and the Speaker and the minority leader of the House of

Representatives, shall develop the specifications for the park.

(B) Requirements

(i) In general

The specifications shall require an outdoor design that is

accessible to the public.

(ii) Inclusions

To the maximum extent practicable, the specifications shall

include requirements for -

(I) a fountain;

(II) extensive use of trees and flowering plants from

each of the 50 States;

(III) large-scale replicas of the medals awarded under

the Congressional Award Program; and

(IV) the inscription of the names of all Congressional

Award recipients.

(3) Selection

(A) In general

As soon as practicable after the competition is completed,

the Architect shall forward at least 3 designs, with

recommendations, to the United States Capitol Preservation

Commission.

(B) Final selection

The United States Capitol Preservation Commission shall

select and approve the final design from among the 3 designs

submitted under subparagraph (A).

(d) Funding

Funds otherwise made available to the Architect of the Capitol

under this Act shall be available to carry out this section.

-SOURCE-

(Pub. L. 107-68, title I, Sec. 134, Nov. 12, 2001, 115 Stat. 582.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d), is Pub. L. 107-68, Nov. 12,

2001, 115 Stat. 560, as amended, known as the Legislative Branch

Appropriations Act, 2002. For complete classification of this Act

to the Code, see Tables.

-COD-

CODIFICATION

Section was classified to section 217c of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC SUBCHAPTER VIII - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VIII - MISCELLANEOUS

.

-HEAD-

SUBCHAPTER VIII - MISCELLANEOUS

-CITE-

2 USC Sec. 2181 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VIII - MISCELLANEOUS

-HEAD-

Sec. 2181. Assignment of space for meetings of joint committees,

conference committees, etc.

-STATUTE-

The President pro tempore of the Senate and the Speaker of the

House of Representatives shall cause a survey to be made of

available space within the Capitol which could be utilized for

joint committee meetings, meetings of conference committees, and

other meetings, requiring the attendance of both Senators and

Members of the House of Representatives; and shall recommend the

reassignment of such space to accommodate such meetings.

-SOURCE-

(Aug. 2, 1946, ch. 753, title II, Sec. 242, 60 Stat. 839.)

-COD-

CODIFICATION

Section was classified to section 174d-1 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

EFFECTIVE DATE

Section effective Aug. 2, 1946, see section 245 of act Aug. 2,

1946, set out as a note under section 72a of this title.

-CITE-

2 USC Sec. 2182 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VIII - MISCELLANEOUS

-HEAD-

Sec. 2182. Use of space formerly occupied by Library of Congress

-STATUTE-

The rooms and space recently occupied by the Library of Congress

in the Capitol building shall be divided into three stories, the

third story of which shall be fitted up and used for a reference

library for the Senate and House of Representatives, and that

portion of the other two stories north of a line drawn east and

west through the center of the Rotunda shall be used for such

purpose as may be designated by the Senate of the United States,

and that portion of the first and second stories south of said line

shall be used for such purpose as may be designated by the House of

Representatives.

-SOURCE-

(June 6, 1900, No. 33, 31 Stat. 719.)

-COD-

CODIFICATION

Section was classified to section 190b of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 2183 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VIII - MISCELLANEOUS

-HEAD-

Sec. 2183. Protection of buildings and property

-STATUTE-

The Sergeants at Arms of the Senate and of the House of

Representatives are authorized to make such regulations as they may

deem necessary for preserving the peace and securing the Capitol

from defacement, and for the protection of the public property

therein, and they shall have power to arrest and detain any person

violating such regulations, until such person can be brought before

the proper authorities for trial.

-SOURCE-

(R.S. Sec. 1820.)

-COD-

CODIFICATION

Section was classified to section 193 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

R.S. Sec. 1820 derived from acts Mar. 30, 1867, ch. 20, Sec. 2,

15 Stat. 12; Apr. 29, 1876, ch. 86, 19 Stat. 41.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2102 of this title.

-CITE-

2 USC Sec. 2184 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VIII - MISCELLANEOUS

-HEAD-

Sec. 2184. Purchase of furniture or carpets for House or Senate

-STATUTE-

No furniture or carpets for either House shall be purchased

without the written order of the chairman of the Committee on Rules

and Administration, for the Senate, or without the written order of

the chairman of the Committee on House Oversight of the House of

Representatives, for the House of Representatives.

-SOURCE-

(R.S. Sec. 1816; Aug. 2, 1946, ch. 753, title I, Sec. 102, title

II, Sec. 224, 60 Stat. 814, 838; Pub. L. 104-186, title II, Sec.

221(2), Aug. 20, 1996, 110 Stat. 1748.)

-COD-

CODIFICATION

Section was classified to section 170 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

R.S. Sec. 1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat.

617; acts Mar. 30, 1867, ch. 24, Sec. 2, 15 Stat. 13; July 20,

1868, ch. 177, Sec. 1, 15 Stat. 115; Mar. 3, 1869, ch. 121, Sec. 1,

15 Stat. 283, 284; Mar. 3, 1871, ch. 114, Sec. 1, 16 Stat. 500;

Aug. 15, 1876, ch. 287, 19 Stat. 147.

Provision of R.S. Sec. 1816 relating to repairs of Capitol is

classified to section 1814 of this title.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-186 substituted ''House Oversight of the House

of Representatives, for the House of Representatives'' for

''Accounts of the House of Representatives, for the House''.

1946 - Act Aug. 2, 1946, substituted ''Committee on Rules and

Administration'' for ''Committee to Audit and Control the

Contingent Expenses of the Senate''.

-CHANGE-

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.

-MISC4-

EFFECTIVE DATE OF 1946 AMENDMENT

Section 142 of act Aug. 2, 1946, provided that section 102 of

that act shall take effect on Jan. 2, 1947, and section 245 of that

act provided that section 224 thereof shall ''take effect on the

day on which the Eightieth Congress convenes''. The Eightieth

Congress convened on Jan. 3, 1947.

-CITE-

2 USC Sec. 2185 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

SUBCHAPTER VIII - MISCELLANEOUS

-HEAD-

Sec. 2185. Estimates for improvements in grounds

-STATUTE-

All changes and improvements in the Capitol grounds, including

approaches to the Capitol, shall be estimated for in detail,

showing what modifications are proposed and the estimate cost of

the same.

-SOURCE-

(Mar. 3, 1883, ch. 143, 22 Stat. 621.)

-COD-

CODIFICATION

Section was classified to section 173 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on act Mar. 3, 1883, popularly known as the

''Sundry Civil Appropriation Act, fiscal year 1884''.

-MISC3-

SIMILAR PROVISIONS

Enlargement of the Capitol grounds by the acquisition of certain

squares in the city of Washington, provided by the following Sundry

Civil Appropriation Acts for the fiscal years 1911, 1912, 1913, and

1914.

June 23, 1913, ch. 3, 38 Stat. 44.

Aug. 24, 1912, ch. 355, 37 Stat. 454.

Mar. 4, 1911, ch. 285, 36 Stat. 1414.

June 25, 1910, ch. 384, 36 Stat. 738.

-CITE-