CHAPTER 30 - OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

Title 2 > CHAPTER 30

Sections (87)

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

The House of Representatives Office Building, which shall hereafter be designated as the House Office Building and the employment of all service, other than the United States 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 the United States 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. ( Mar. 4, 1907, ch. 2918 , 34 Stat. 1365 ; May 28, 1908 , No. 30, 35 Stat. 578 ; Mar. 3, 1921, ch. 124 , 41 Stat. 1291 ; Pub. L. 111–145, § 6(c)(1) , Mar. 4, 2010 , 124 Stat. 54 .)

“That the chairman, Committee on House Oversight [now Committee on House Administration] of the House of Representatives is authorized: 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; to regulate and assign such additional parking facilities; to utilize the United States Capitol Police with respect to such parking areas, and transit routes; and 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.”

§ 2002 Acquisition of buildings and facilities for use in emergency situation

(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), 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— agreements with the United States Capitol Police or any other entity relating to the policing of such building or facility; and 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 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).

(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).

(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.

§ 2003 Speaker as member of House Office Building commission

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

§ 2004 Assignment of rooms in House Office Building

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

§ 2005 Vacant rooms; assignment to Representatives

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. ( May 28, 1908 , No. 30, 35 Stat. 578 ; Mar. 3, 1921, ch. 124 , 41 Stat. 1291 .)

§ 2006 Withdrawal by Representative of request for vacant rooms

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

§ 2007 Exchange of rooms

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

§ 2008 Record of assignment of rooms

The Architect of the 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. ( May 28, 1908 , No. 30, 35 Stat. 579 ; Mar. 3, 1921, ch. 124 , 41 Stat. 1291 .)

§ 2009 Assignment of rooms to Commissioner from Puerto Rico

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. ( 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 .)

§ 2010 Assignment of rooms; control of by House

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. ( May 28, 1908 , No. 30, 35 Stat. 579 ; Mar. 3, 1921, ch. 124 , 41 Stat. 1291 .)

§ 2011 Assignment of unoccupied space

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. ( May 28, 1908 , No. 30, 35 Stat. 579 ; Mar. 3, 1921, ch. 124 , 41 Stat. 1291 .)

§ 2012 Furniture for House of Representatives

The Chief Administrative Officer of the House of Representatives 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 Chief Administrative Officer. ( Apr. 28, 1902, ch. 594 , 32 Stat. 125 ; Pub. L. 111–248, § 3(a) , Sept. 30, 2010 , 124 Stat. 2626 .)

§ 2013 Revolving fund for House gymnasium; deposit of receipts; availability for expenditure

There is established in the Treasury a revolving fund for the House of Representatives gymnasium. The Architect of the Capitol shall deposit in the fund such amounts as the Architect may receive as gymnasium dues or assessments from Members of the House of Representatives and other authorized users of the gymnasium. The amounts so deposited shall be available for obligation by the Architect for expenses of the gymnasium. ( Pub. L. 102–392, title I, § 106 , Oct. 6, 1992 , 106 Stat. 1715 .)

§ 2021 Additional Senate office building

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

§ 2022 Acquisition of buildings and facilities for use in emergency situation

(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), 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— agreements with the United States Capitol Police or any other entity relating to the policing of such building or facility; and 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 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).

(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).

(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.

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

On and after June 8, 1942 , the Senate Office Building, and the employment of all services (other than for the United States 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 the United States Capitol Police) and for all other expenses in connection with said office building and necessary for its protection, care, and occupancy. ( June 8, 1942, ch. 396 , 56 Stat. 343 ; Aug. 2, 1946, ch. 753 , title I, § 102, title II, § 224, 60 Stat. 814 , 838; Pub. L. 111–145, § 6(c)(2) , Mar. 4, 2010 , 124 Stat. 54 .)

§ 2024 Assignment of space in Senate Office Building

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. ( June 8, 1942, ch. 396 , 56 Stat. 343 ; Aug. 2, 1946, ch. 753 , title I, § 102, title II, § 224, 60 Stat. 814 , 838.)

§ 2025 Senate Garage

(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), 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.

§ 2026 Senate Staff Health and Fitness Facility Revolving Fund

(a) Establishment There is established in the Treasury of the United States a revolving fund to be known as the Senate Staff Health and Fitness Facility Revolving Fund (“the revolving fund”).

(b) Deposit of receipts The Architect of the Capitol shall deposit in the revolving fund— any amounts received as dues or other assessments for use of the Senate Staff Health and Fitness Facility, and any amounts received from the operation of the Senate waste recycling program.

(c) Availability of funds Subject to the approval of the Committee on Appropriations of the Senate, amounts in the revolving fund shall be available to the Architect of the Capitol, without fiscal year limitation, for payment of costs of the Senate Staff Health and Fitness Facility.

(d) Withdrawal of excess amounts The Architect of the Capitol shall withdraw from the revolving fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the revolving fund that the Architect determines are in excess of the current and reasonably foreseeable needs of the Senate Staff Health and Fitness Facility.

(e) Regulations The Committee on Rules and Administration of the Senate shall promulgate regulations pertaining to the operation and use of the Senate Staff Health and Fitness Facility.

§ 2041 House of Representatives restaurant, cafeteria, and food services

(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.

§ 2042 Senate Restaurants; management by Architect of the Capitol

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. ( Pub. L. 87–82, § 1 , July 6, 1961 , 75 Stat. 199 ; Pub. L. 106–57, title I, § 5 , Sept. 29, 1999 , 113 Stat. 412 .)

§ 2043 Authorization and direction to effectuate purposes of sections 2042 to 2047 of this title

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. ( Pub. L. 87–82, § 3 , July 6, 1961 , 75 Stat. 199 .)

§ 2044 Special deposit account

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. ( Pub. L. 87–82, § 4 , July 6, 1961 , 75 Stat. 199 ; Pub. L. 92–51 , July 9, 1971 , 85 Stat. 129 ; Pub. L. 92–342, § 101 , July 10, 1972 , 86 Stat. 435 .)

§ 2045 Deposits and disbursements under special deposit account

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 Government Accountability 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. ( Pub. L. 87–82, § 5 , July 6, 1961 , 75 Stat. 200 ; Pub. L. 108–271, § 8(b) , July 7, 2004 , 118 Stat. 814 .)

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

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. ( Pub. L. 87–82, § 6 , July 6, 1961 , 75 Stat. 200 .)

§ 2047 Supersedure of prior provisions for maintenance and operation of Senate Restaurants

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. ( Pub. L. 87–82, § 7 , July 6, 1961 , 75 Stat. 200 .)

§ 2048 Repealed. Pub. L. 110–279, § 1(c)(4)(C), July 17, 2008, 122 Stat. 2606

§ 2049 Loans for Senate Restaurants

(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.], 1 and resolutions of the Senate amendatory thereof or supplementary thereto.

(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.

§ 2050 Transfer of appropriations for management personnel and miscellaneous restaurant expenses to special deposit account

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

§ 2051 Continued benefits for certain Senate Restaurants employees

(a) Definitions In this section: The term “contractor” means the private business concern that enters into a food services contract with the Architect of the Capitol. The term “covered individual” means any individual who— is a Senate Restaurants employee who is an employee of the Architect of the Capitol on July 17, 2008 , including— a permanent, full-time or part-time employee; a temporary, full-time or part-time employee; and an employee in a position described under section 2048 1 of this title; becomes an employee of the contractor under a food services contract on the transfer date; and with respect to benefits under subsection (c)(2) or (3), files an election before the transfer date with the Office of Human Resources of the Architect of the Capitol to have 1 or more benefits continued in accordance with this section. The term “food services contract” means a contract under which food services operations of the Senate Restaurants are transferred to, and performed by, a private business concern. The term “transfer date” means the date on which a contractor begins the performance of food services operations under a food services contract.

(b) Election of coverage Not later than the day before the transfer date, an individual described under subsection (a)(2)(A) and (B) may file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage under the retirement system under which that individual is covered on that day. If the individual files an election under subparagraph (A) to continue retirement coverage, the individual may also file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage of any other benefit under subsection (c)(2) or (3) for which that individual is covered on that day. Any election under this subparagraph shall be filed not later than the day before the transfer date. The Office of Human Resources of the Architect of the Capitol shall provide timely notification to the Office of Personnel Management of any election filed under paragraph (1).

(c) Continuity of benefits The rate of basic pay of a covered individual as an employee of a contractor, or successor contractor, during a period of continuous service may not be reduced to a rate less than the rate of basic pay paid to that individual as an employee of the Architect of the Capitol on the day before the transfer date, except for cause. For purposes of chapters 83, 84, and 87 of title 5, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol. For purposes of chapter 87 of title 5, the rate of basic pay of a covered individual during the period described under clause (i) shall be deemed to be the rate of basic pay of that individual as an employee of the Architect of the Capitol on the date on which the Architect of the Capitol enters into the food services contract. In the case of a covered individual who on the day before the transfer date is subject to subchapter III of chapter 83 of title 5 but whose employment with the Architect of the Capitol is not employment for purposes of title II of the Social Security Act [ 42 U.S.C. 401 et seq.] and chapter 21 of title 26— the employment described under subparagraph (A)(i) shall, for purposes of subchapter III of chapter 83 of title 5, be deemed to be— employment of an individual described under section 8402(b)(2) of title 5 ; and Federal service as defined under section 8349(c) of title 5 ; and the basic pay described under subparagraph (A)(ii) for employment described under subparagraph (A)(i) shall be deemed to be Federal wages as defined under section 8334(k)(2)(C)(i) of title 5 . For purposes of chapters 89, 89A, and 89B of title 5, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol. Subject to section 6304 of title 5 , annual and sick leave balances of any covered individual shall be credited to the leave accounts of that individual as an employee of the contractor, or any successor contractor. A food services contract may include provisions similar to regulations prescribed under section 6308 of title 5 to implement this subparagraph. During any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, that individual shall continue to accrue annual and sick leave at rates not less than the rates applicable to that individual on the day before the transfer date. For purposes of any benefit under section 7905 of title 5 , any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol. A contractor, or any successor to the contractor, shall pay— the pay of a covered individual as an employee of a contractor, or successor contractor, during a period of continuous service; Government contributions for the benefits of a covered individual under paragraph (2) or (3); any transit subsidy for a covered individual under paragraph (5); and any payment for any other benefit for a covered individual in accordance with a food services contract. From appropriations made available to the Architect of the Capitol under the heading “ Senate Office Buildings ” under the heading “ARCHITECT OF THE CAPITOL”, the Architect of the Capitol shall— reimburse a contractor, or any successor contractor, for that portion of any payment under subparagraph (A) which the Architect of the Capitol agreed to pay under a food services contract; and pay a contractor, or any successor contractor, for any administrative fee (or portion of an administrative fee) which the Architect of the Capitol agreed to pay under a food services contract. After consultation with the Architect of the Capitol, the Director of the Office of Personnel Management shall prescribe regulations to provide for the continuity of benefits under paragraphs (2) and (3). Regulations under this subparagraph shall— include regulations relating to employee deductions and employee and employer contributions and deposits in the Civil Service Retirement and Disability Fund, the Employees’ Life Insurance Fund, and the Employees Health Benefits Fund; and provide for the Architect of the Capitol to perform employer administrative functions necessary to ensure administration of continued coverage of benefits under paragraphs (2) and (3), including receipt and transmission of the deductions, contributions, and deposits described under subclause (I), the collection and transmission of such information as necessary, and the performance of other administrative functions as may be required. After consultation with the Architect of the Capitol, the Executive Director appointed by the Federal Retirement Thrift Investment Board under section 8474(a) of title 5 shall prescribe regulations to provide for the continuity of benefits under paragraph (2) of this subsection relating to subchapter III of chapter 84 of that title. Regulations under this subparagraph shall include regulations relating to employee deductions and employee and employer contributions and deposits in the Thrift Savings Fund.

(d) Covered individuals not entitled to severance pay Except as provided under paragraph (2), a covered individual shall not be entitled to severance pay under section 5595 of title 5 by reason of— separation from service with the Architect of the Capitol and becoming an employee of a contractor under a food services contract; or termination of employment with a contractor, or successor to a contractor. Except as provided under clause (ii), a covered individual shall be entitled to severance pay under section 5595 of title 5 if during the 90-day period following the transfer date the employment of that individual with a contractor is terminated as provided under a food services contract. Clause (i) shall not apply to a covered individual who is terminated for cause. For purposes of section 5595 of title 5 — any period of continuous service performed by a covered individual described under subparagraph (A) as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and any termination of employment of a covered individual described under subparagraph (A) with a contractor shall be treated as a separation from service with the Architect of the Capitol.

(e) Voluntary separation incentive payments Not later than 30 days after July 17, 2008 , the Architect of the Capitol shall submit a plan under section 4505 of this title to the applicable committees as provided under that section. Notwithstanding section 4505(e) of this title , the plan submitted under this subsection shall— offer a voluntary separation incentive payment to any employee described under subsection (a)(2)(A) of this section in accordance with section 4505 of this title ; and offer such a payment to any such employee who becomes a covered individual, if that individual accepts the offer during the 90-day period following the transfer date. For purposes of the plan under this subsection— any period of continuous service performed by a covered individual as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and any termination of employment of a covered individual with a contractor shall be treated as a separation from service with the Architect of the Capitol.

(f) Early retirement treatment for certain separated employees This subsection applies to— an employee of the Senate Restaurants of the Office of the Architect of the Capitol who— voluntarily separates from service on or after July 17, 2008 , but prior to the day before the transfer date; and on such date of separation— has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5; or has completed 20 years of such service and is at least 50 years of age; and except as provided under paragraph (2), a covered individual— whose employment with a contractor is terminated as provided under a food services contract during the 90-day period following the transfer date; and on the date of such termination— has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5; or has completed 20 years of such service and is at least 50 years of age. Paragraph (1)(B) shall not apply to a covered individual who is terminated for cause. Notwithstanding any provision of chapter 83 or 84 of title 5, an employee described under paragraph (1) is entitled to an annuity which shall be computed consistent with the provisions of law applicable to annuities under section 8336(d) or 8414(b) of title 5. For purposes of chapter 83 or 84 of title 5— any period of continuous service performed by a covered individual described under paragraphs (1)(B) and (2) as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and any termination of employment of a covered individual described under paragraphs (1)(B) and (2) with a contractor shall be treated as a separation from service with the Architect of the Capitol.

(g) Congressional Accountability Act of 1995 For purposes of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq.) a covered individual shall be treated as an employee of the Architect of the Capitol with respect to any act or omission which occurred before the transfer date.

(h) Deposit of commissions Any commissions paid by a contractor under a food services contract shall be deposited in the miscellaneous items account within the contingent fund of the Senate. Any funds deposited under paragraph (1) shall be available for expenditure in the same manner as funds appropriated into that account.

(i) Effective date This section shall take effect on July 17, 2008 , and apply to the remainder of the fiscal year in which enacted and each fiscal year thereafter.

§ 2052 Senate restaurant deficit fund; deposit of proceeds from surcharge on orders

The Committee on Rules and Administration of the United States Senate is authorized and directed hereafter to add a minimum of 10 per centum to each order in excess of 10 cents served in the Senate restaurants and 20 per centum to all orders served outside of said restaurants, and the proceeds accruing therefrom shall be placed in a fund to be used in the payment of any deficit incurred in the management of such kitchens and restaurants. ( May 18, 1937, ch. 223, § 1 , 50 Stat. 173 ; Aug. 2, 1946, ch. 753 , title I, § 102, 60 Stat. 814 .)

§ 2061 Designation of play areas on Capitol grounds for children attending day care center

(a) Authority of Capitol Police Board Notwithstanding any other provision of law and subject to the provisions of paragraph (1) of subsection (b), 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 In the case of any such designation referred to in subsection (a) 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. The Architect of the Capitol shall enclose with a fence any area designated pursuant to subsection (a) as a play area. The authority to use an area designated pursuant to subsection (a) 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) from placing playground equipment within an area designated pursuant to subsection (a) 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) for use as a play area.

§ 2062 House of Representatives Child Care Center

(a) Maintenance and operation; admission of children 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 and (subject to the approval of regulations by the Committee on House Administration) child care for school age children other than during the course of the ordinary school day— 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; 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 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. 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. 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— 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); 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 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. The director of the center shall serve as an additional member of the board, ex officio and without the right to vote. A vacancy on the board shall be filled in the manner in which the original appointment is made. 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), the Chief Administrative Officer is authorized— to collect fees for child care services; 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 to employ a director and other employees for the center.

(d) Salaries and expenses; funding limits There is established in the Treasury of the United States a revolving fund for the House of Representatives to be known as the “House Child Care Center Revolving Fund” (hereafter in this section referred to as the “Fund”), consisting of the amounts received under subsection (c) and any other funds deposited by the Chief Administrative Officer of the House of Representatives from amounts received by the House of Representatives with respect to the operation of the center. Except as provided in paragraphs (2) and (3), the Fund shall be the exclusive source for all salaries and expenses for activities carried out under this section. 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 (including the subsidies provided on behalf of employees of the center as a result of reductions in the amount of tuition otherwise charged with respect to children of such employees under paragraph (4)) in the same manner as such contributions and payments are made for other employees of the House of Representatives. The House of Representatives shall make payments from amounts provided in appropriations acts for salaries and expenses of the Office of the Chief Administrative Officer for the following activities carried out under this section: The payment of the salary of the director and assistant directors of the center, and, at the option of the Chief Administrative Officer during an emergency situation, the payment of the salary of other employees of the Center. The cost of training classes and conferences for individuals employed by the center in connection with the provision of child care services, together with the cost of travel (including transportation and subsistence) incurred in connection with such classes and conferences. The payment of telecommunications expenses for the Center, to include voicemail boxes, land lines, and cell phones for Center employees, in connection with the provision of child care services and as needed for critical and emergent communications. During an emergency situation, the payment of such other expenses for activities carried out under this section as the Chief Administrative Officer determines appropriate. In the case of a child of an employee of the center who is furnished care at the center, the Chief Administrative Officer shall reduce the amount of tuition otherwise charged with respect to such child during a month by the greater of— 50 percent; or such percentage as may be necessary to ensure that the total amount of tuition paid by the employee with respect to all children of the employee who are furnished care at the center during the month does not exceed $1,000.

(e) Fund as category of allowances and expenses The Fund shall be treated as a category of allowances and expenses for purposes of section 5507(a) of this title .

(f) Definitions As used in this section— the term “Member of the House of Representatives” means a Representative in, or a Delegate or Resident Commissioner to, the Congress; the term “agency of the legislative branch” means the Office of the Architect of the Capitol, the Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal; and 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.

§ 2063 Senate Employee Child Care Center

(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) 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) 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) who is an employee of the Center in accordance with subsection (d) of this section.

(d) Employee records; amount of deductions The Center shall— maintain records on all employees covered under this section in such manner as the Secretary of the Senate may require for administrative purposes; and after consultation with the Secretary of the Senate— make deductions from the pay of employees of amounts determined in accordance with section 8906 of title 5 ; and 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.

§ 2064 Senate Employee Child Care Center employee benefits

(a) Election for coverage The provisions of this section shall apply to any individual who— 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 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 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 Any individual described under subsection (a) may be credited, 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. An individual described under subsection (a) 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) 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) 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) 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, 2 shall be made by the Secretary of the Senate from the appropriations account, within the contingent fund of the Senate, “Miscellaneous Items”.

(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 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”. 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— consult with the Secretary of the Senate on the administration of this section; maintain records on all employees covered under this section in such manner as the Secretary of the Senate may require for administrative purposes; make deductions and withholdings from the pay of employees in the amounts determined under sections 8422, 8432, and 8707 of title 5; and 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.

§ 2065 Reimbursement of Senate day care center employees

(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 .

§ 2081 United States Capitol Preservation Commission

(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— providing for improvements in, preservation of, and acquisitions for, the United States Capitol; 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 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: The President pro tempore of the Senate and the Speaker of the House of Representatives, who shall be co-chairmen. The Chairman and Vice-Chairman of the Joint Committee on the Library. 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. The majority leader and the minority leader of the Senate. The majority leader and the minority leader of the House of Representatives. 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. One Senator appointed by the President pro tempore of the Senate and one Senator appointed by the minority leader of the Senate. 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) (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), 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.

§ 2082 Authority of Commission to accept gifts and conduct other transactions relating to works of fine art and other property

(a) In general In carrying out the purposes referred to in section 2081(a) of this title the Commission is authorized— to accept gifts of works of fine art, gifts of other property, and gifts of money; and 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— 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; if a transfer described in paragraph (1) is not appropriate, dispose of the work of fine art by sale or other transaction; and 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— 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 ; in making sales and engaging in other property transactions, take into consideration market conditions and other relevant factors; and assure that each transaction is directly related to the purposes referred to in section 2081(a) of this title .

§ 2083 Capitol Preservation Fund

(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), (2) obligations obtained under subsection (e), 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— for payment of transaction costs and similar expenses incurred under section 2082 of this title ; 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; for disbursement with respect to works of fine art and other property as provided in section 2082 of this title ; and 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— to minimize disbursements under subsection (b)(1); and to equalize disbursements under subsection (b) 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.

§ 2084 Audits by the Comptroller General

The Comptroller General shall conduct periodic audits of the transactions of the Commission, which shall be conducted at least once every 3 years, unless the Chairman or the Ranking Member of the Committee on Rules and Administration of the Senate or the Committee on House Administration of the House of Representatives, the Secretary of the Senate, or the Clerk of the House of Representatives requests that an audit be conducted at an earlier date, and shall report the results of each audit to the Congress. ( Pub. L. 100–696, title VIII, § 804 , Nov. 18, 1988 , 102 Stat. 4610 ; Pub. L. 112–234, § 2(a) , Dec. 28, 2012 , 126 Stat. 1624 .)

§ 2085 Advisory boards

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. ( Pub. L. 100–696, title VIII, § 805 , Nov. 18, 1988 , 102 Stat. 4610 .)

§ 2086 Definition

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. ( Pub. L. 100–696, title VIII, § 806 , Nov. 18, 1988 , 102 Stat. 4610 .)

§ 2101 Senate Commission on Art

(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 Majority Leader and Minority Leader of the Senate shall be the chairman and vice chairman, respectively, of the Commission. 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 1

(c) Appointment of Senate Curator; assignment of assistants The Secretary of the Senate shall appoint a Senate Curator approved by the Senate Commission on Art. The Senate Curator shall be an employee of the Secretary of the Senate assigned to assist the Commission. The Secretary of the Senate shall assign additional employees to assist the Commission, and provide such other assistance, as the Commission determines 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.

§ 2102 Duties of Commission

(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.

§ 2103 Supervision and maintenance of Old Senate Chamber

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. ( Pub. L. 100–696, title IX, § 901(a) , Nov. 18, 1988 , 102 Stat. 4610 ; Pub. L. 107–68, title I, § 108(a) , Nov. 12, 2001 , 115 Stat. 569 .)

§ 2104 Publication of list of works of art, historical objects, and exhibits

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. ( Pub. L. 100–696, title IX, § 901(a) , Nov. 18, 1988 , 102 Stat. 4610 .)

§ 2105 Authorization of appropriations

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. ( Pub. L. 100–696, title IX, § 901(a) , Nov. 18, 1988 , 102 Stat. 4610 ; Pub. L. 107–68, title I, § 108(b) , Nov. 12, 2001 , 115 Stat. 569 .)

§ 2106 Repealed. Pub. L. 108–83, title I, § 3(a)(3), Sept. 30, 2003, 117 Stat. 1010

§ 2107 Conservation, restoration, replication, or replacement of items in United States Senate Collection

(a) Use of moneys in Senate contingent fund Effective with the fiscal year ending September 30, 2006 , 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 4107 of this title , shall be available for the expenses incurred, without regard to the fiscal year in which incurred, for the purchase of art and historical objects for the United States Senate Collection, for exhibits and public education relating to the United States Senate Collection, for administrative and transitional expenses of the Senate Commission on Art, and 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) 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) 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.

§ 2108 Provisions relating to Senate Commission on Art

(a) Authority to acquire and dispose The Senate Commission on Art (referred to in this section as the “Commission”) may— accept gifts of money; and acquire (by gift, purchase, or otherwise) 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. All works of art, historical objects, documents, or material related to historical matters, or exhibits, acquired by the Commission may, as determined by the Commission and after consultation with the Curatorial Advisory Board, be— retained for accession to the United States Senate Collection or other use; or disposed of by sale or other transaction.

(b) Advisory boards There is established a Board which shall be chaired by the Senate Curator. The Curatorial Advisory Board shall provide advice and assistance to the Commission on the acquisition, care, and disposition of items for or within the United States Senate Collection, and on such other matters as the Commission determines appropriate. The Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission, may establish 1 or more additional advisory boards. The term of existence for an additional advisory board— shall be specified by the Commission but no longer than 4 years; and shall be renewable. The purpose of an additional advisory board shall be to provide advice and assistance to the Commission and to further the purposes of the Commission. Subject to subparagraph (B), the Curatorial Advisory Board and other advisory boards established by the Commission under paragraph (2) shall be composed of members appointed by the Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission. Members appointed under subparagraph (A)— shall be appointed from public and private life and shall serve at the pleasure of the Commission; and in the case of individuals appointed to the Curatorial Advisory Board, shall be experts or have significant experience in the field of arts, historic preservation, or other appropriate fields. Each member of the Commission may have appointed to an advisory board created by the Commission at least 1 individual requested by that member. A member of a board under this subsection— may, at the discretion of the Commission, be reimbursed for actual and necessary expenses incurred in the performance of the official duties of the board from any funds available to the Commission in accordance with applicable Senate regulations for such expenses; and shall not, by virtue of such member’s service on the board, be deemed to be an officer, employee, or agent of the Senate and may not bind the Senate in any contract or obligation. Members appointed to the other advisory boards created under paragraph (2) shall serve for terms as stated in their appointment, but no longer than a term of 4 years, except that any member may be reappointed upon the expiration of their term. The Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission, in consultation with the Committee on Rules and Administration, may promulgate such regulations governing advisory boards established under this subsection as are necessary to carry out the purposes of this subsection. The Executive Secretary of the Commission shall provide assistance to an advisory board as authorized by the Commission.

(c) Establishment of Senate Preservation Fund There is established in the Treasury a fund, to be known as the “Senate Preservation Fund” (in this section referred to as the “fund”), which shall consist of amounts deposited and credited under paragraph (3). The fund shall be available to the Commission for the payment of acquisition and transaction costs incurred for acquisitions under subsection (a), for official activities of any advisory board established under subsection (b), for any purposes for which funds from the contingent fund of the Senate may be used under section 2107(a) of this title , and for expenditures, not to exceed $10,000inanyfiscalyear,formealsandrefreshmentsinCapitolfacilitiesinconnectionwithofficialactivitiesoftheCommissionorotherauthorizedprogramsoractivities.TheCommissionshalldepositinthefundamountsappropriatedforuseofthefund,giftsofmoney,andproceedsoftransactionsundersubsection(a).TheSecretaryoftheTreasuryshallcredittothefundtheintereston,andtheproceedsfromsaleorredemptionof,obligationsheldinthefund.DisbursementsfromthefundshallbemadeonvouchersapprovedbytheCommissionandsignedbytheExecutiveSecretaryoftheCommission.TheCommissionmay,forindividualconservationorrestorationprojectsestimatedtocostgreaterthan$100,000, transfer amounts in the fund to the Architect of the Capitol for the cost of conservation or restoration, in whole or in part, by the Architect of the Capitol of works of art, historical objects, documents, or material relating to historical matters placed or exhibited, or to be placed or exhibited, within the Senate wing of the United States Capitol or any Senate Office Building. Amounts transferred to the Architect of the Capitol under clause (i) and not subject to return under clause (v) shall remain available until expended. Before authorizing transfers under clause (i), in whole or in part, the Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after giving notice to the Commission, shall review and approve a conservation or restoration project for which such amounts are intended (referred to in this section as the “Project”). The Commission may require updated reports on the Project before any additional amounts are transferred for the Project. No disbursements may be made from funds transferred under clause (i) that are inconsistent with the Project approved by the Commission upon which the relevant transfer is based. The Commission retains the discretion whether or not to approve the acceptance of any donation to the fund regardless of whether the donation is intended for a conservation or restoration Project under clause (i). The Commission may prescribe such guidelines as it deems necessary for the approval and transfer of any amounts under clause (i) and the return of any undisbursed amounts. The Commission may require the return of amounts transferred to the Architect of the Capitol under clause (i) and not disbursed pursuant to an approved Project within five years of the transfer. Such amounts will be returned to the fund for use or disposition as the Commission shall determine appropriate. For purposes of this subsection, the Commission may, at any time, specify a date of return greater than five years from the transfer. Once amounts are transferred pursuant to clause (i), disbursements from transferred funds shall be made by the Architect of the Capitol upon review of vouchers by the Architect of the Capitol and not subject to the audit provisions of clause 1 (c)(6) of this section. Such disbursements shall be limited to purposes for which funds may be disbursed pursuant to this section. The authority to transfer amounts to the Architect of the Capitol under clause (i) shall expire ten years after the date of its initial enactment. Any amounts transferred prior to the termination of authority to transfer may continue to be expended in accordance with this section. 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 required by this paragraph shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to the 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 of the Treasury may make such purchases, sales, and redemption of obligations as may be approved by the Commission. The Library of Congress shall provide financial management and disbursing services and support to the Commission as may be required and mutually agreed to by the Librarian of Congress and the Executive Secretary of the Commission. The Comptroller General of the United States shall conduct periodic audits of the Senate Preservation Fund, which shall be conducted at least once every 3 years, unless the Chairman or the Ranking Member of the Committee on Rules and Administration of the Senate or the Secretary of the Senate requests that an audit be conducted at an earlier date, and shall report the results of each audit to the Commission.

§ 2121 House of Representatives Fine Arts Board

(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).

(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.

§ 2122 Acceptance of gifts on behalf of the House of Representatives

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. ( Pub. L. 100–696, title X, § 1002 , Nov. 18, 1988 , 102 Stat. 4612 .)

§ 2131 National Statuary Hall

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. (R.S. § 1814; Aug. 15, 1876, ch. 287 , 19 Stat. 147 .)

§ 2131a Eligibility for placement of statues in National Statuary Hall

(a) Eligibility No statue of any individual may be placed in National Statuary Hall until after the expiration of the 10-year period which begins on the date of the individual’s death.

(b) Exceptions Subsection (a) does not apply with respect to— the statue obtained and placed in National Statuary Hall under this Act; or any statue provided and furnished by a State under section 2131 of this title or any replacement statue provided by a State under section 2132 of this title .

§ 2132 Replacement of statue in Statuary Hall

(a) Request by State 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 . A request shall be considered under paragraph (1) only if— 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 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), 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— 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 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 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. 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.

§ 2133 Acceptance and supervision of works of fine arts

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. (R.S. § 1831.)

§ 2134 Art exhibits

No work of art or manufacture other than the property of the United States shall be exhibited in the National Statuary Hall, the Rotunda, Emancipation Hall of the Capitol Visitor Center, or the corridors of the Capitol. (R.S. § 1815; Mar. 3, 1875, ch. 130 , 18 Stat. 376 ; Mar. 3, 1879, ch. 182 , 20 Stat. 391 ; Pub. L. 110–437, title I, § 101(f)(2) , Oct. 20, 2008 , 122 Stat. 4985 .)

§ 2135 Private studios and works of art

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. ( Mar. 3, 1875, ch. 130 , 18 Stat. 376 .)

§ 2141 Supervision of Botanic Garden

The supervision of the Capitol police shall extend over the Botanical Garden. (R.S. § 1826.)

§ 2142 Superintendent of Botanic Garden and greenhouses

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. (R.S. § 1827.)

§ 2143 Utilization of personnel by Architect of the Capitol for maintenance and operation of Botanic Garden

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. ( Pub. L. 93–554, title I , ch. III, Dec. 27, 1974 , 88 Stat. 1777 .)

§ 2144 Disbursement of appropriations for Botanic Garden

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. ( Pub. L. 101–520, title II , Nov. 5, 1990 , 104 Stat. 2270 .)

§ 2145 Restriction on use of appropriation for Botanic Garden

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. ( Pub. L. 85–570 , July 31, 1958 , 72 Stat. 450 .)

§ 2146 National Garden

(a) Establishment; gifts The Architect of the Capitol, subject to the direction of the Joint Committee on the Library, is authorized to— 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 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 Gifts or bequests of money under subsection (a)(2) 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) shall be accepted only in the total amount provided in appropriations Acts. 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. 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 6101 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 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. 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. 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. 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.

§ 2147 Plant material exchanges

On and after July 8, 1935 , plant material exchanges may be made with botanic gardens, institutions, municipal parks, and gardens. ( July 8, 1935, ch. 374 , 49 Stat. 471 .)

§ 2148 Administration of educational outreach and services

(a) Cooperative agreements The Architect of the Capitol, subject to the direction of the Joint Committee of Congress on the Library, may enter into cooperative agreements with entities under such terms as the Architect determines advisable, in order to support the United States Botanic Garden in carrying out its duties, authorities, and mission.

(b) No-cost agreements The Architect of the Capitol may, subject to the direction of the Joint Committee of Congress on the Library, enter into a no-cost agreement, through a contract, cooperative agreement, or memorandum of understanding, with a qualified entity to conduct, or provide support for, an educational exhibit, program, class, or outreach that benefits the educational mission of the United States Botanic Garden. Any agreement under paragraph (1) may— allow the qualified entity to accept fees for any program or class described in paragraph (1) in order to cover all or a portion of the entity’s costs of any supplies, honoraria, or associated expenses for the program or class; and subject to such terms as the Architect considers appropriate and necessary, grant temporary concessions to the qualified entity, or allow the qualified entity to grant temporary concessions to another person, in connection with an educational exhibit, program, class, or outreach described in paragraph (1), including concessions for food and merchandise sales that are specifically related to the educational mission involved. Section 5104(c) of title 40 shall not apply to any activity carried out under this subsection. In this subsection, the term “qualified entity” means— the National Fund for the United States Botanic Garden; and any other organization described in section 501(c) of title 26 and exempt from tax under section 501(a) of such title that the Architect of the Capitol determines shares interests complementary to the educational mission of the United States Botanic Garden.

(c) Construction or improvement of real property Any authority under subsection (a) or (b) shall not apply to any agreement providing for the construction or improvement of real property.

(d) Applicability This section shall apply with respect to fiscal year 2015 and each succeeding fiscal year.

§ 2161 Transferred

§ 2162 Capitol Power Plant

(a) Designation The heating, lighting, and power plant constructed under the terms of the Act approved April 28, 1904 ( 33 Stat. 479 , chapter 1762) shall be known as the “Capitol Power Plant”.

(b) Definition In this section, the term “carbon dioxide energy efficiency” means the quantity of electricity used to power equipment for carbon dioxide capture and storage or use.

(c) Feasibility study The Architect of the Capitol shall conduct a feasibility study evaluating the available methods to capture, store, and use carbon dioxide emitted from the Capitol Power Plant as a result of burning fossil fuels. In carrying out the feasibility study, the Architect of the Capitol is encouraged to consult with individuals with expertise in carbon capture and storage or use, including experts with the Environmental Protection Agency, Department of Energy, academic institutions, non-profit organizations, and industry, as appropriate. The study shall consider— the availability of technologies to capture and store or use Capitol Power Plant carbon dioxide emissions; strategies to conserve energy and reduce carbon dioxide emissions at the Capitol Power Plant; and other factors as determined by the Architect of the Capitol.

(d) Demonstration projects If the feasibility study determines that a demonstration project to capture and store or use Capitol Power Plant carbon dioxide emissions is technologically feasible and economically justified (including direct and indirect economic and environmental benefits), the Architect of the Capitol may conduct 1 or more demonstration projects to capture and store or use carbon dioxide emitted from the Capitol Power Plant as a result of burning fossil fuels. In carrying out such demonstration projects, the Architect of the Capitol shall consider— the amount of Capitol Power Plant carbon dioxide emissions to be captured and stored or used; whether the proposed project is able to reduce air pollutants other than carbon dioxide; the carbon dioxide energy efficiency of the proposed project; whether the proposed project is able to use carbon dioxide emissions; whether the proposed project could be expanded to significantly increase the amount of Capitol Power Plant carbon dioxide emissions to be captured and stored or used; the potential environmental, energy, and educational benefits of demonstrating the capture and storage or use of carbon dioxide at the U.S. Capitol; and other factors as determined by the Architect of the Capitol. A demonstration project funded under this section shall be subject to such terms and conditions as the Architect of the Capitol may prescribe.

(e) Authorization of appropriations There is authorized to be appropriated to carry out the feasibility study and demonstration project $3,000,000. Such sums shall remain available until expended.

§ 2162a Promoting maximum efficiency in operation of Capitol Power Plant

(a) Steam boilers The Architect of the Capitol shall take such steps as may be necessary to operate the steam boilers at the Capitol Power Plant in the most energy efficient manner possible to minimize carbon emissions and operating costs, including adjusting steam pressures and adjusting the operation of the boilers to take into account variations in demand, including seasonality, for the use of the system. The Architect shall implement the steps required under paragraph (1) not later than 30 days after December 19, 2007 .

(b) Chiller plant The Architect of the Capitol shall take such steps as may be necessary to operate the chiller plant at the Capitol Power Plant in the most energy efficient manner possible to minimize carbon emissions and operating costs, including adjusting water temperatures and adjusting the operation of the chillers to take into account variations in demand, including seasonality, for the use of the system. The Architect shall implement the steps required under paragraph (1) not later than 30 days after December 19, 2007 .

(c) Meters Not later than 90 days after December 19, 2007 , the Architect of the Capitol shall evaluate the accuracy of the meters in use at the Capitol Power Plant and correct them as necessary.

(d) Report on implementation Not later than 180 days after December 19, 2007 , the Architect of the Capitol shall complete the implementation of the requirements of this section and submit a report describing the actions taken and the energy efficiencies achieved to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate.

§ 2163 Capitol Grounds shuttle service

Funds appropriated for any available account of the Architect of the Capitol 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. ( Pub. L. 94–440, title VI , Oct. 1, 1976 , 90 Stat. 1453 ; Pub. L. 115–31, div. I, title I, § 1206(a) , May 5, 2017 , 131 Stat. 582 .)

§ 2164 Transportation of House Pages by Capitol Grounds shuttle service

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. ( Pub. L. 99–151, title I , Nov. 13, 1985 , 99 Stat. 801 .)

§ 2165 Repealed. Pub. L. 110–437, title I, § 101(e), Oct. 20, 2008, 122 Stat. 4985

§ 2166 Repealed. Pub. L. 110–437, title IV, § 422(a), Oct. 20, 2008, 122 Stat. 4996

§ 2167 Congressional Award Youth Park

(a) Designation The parcel of approximately 5 acres of land located on the Capitol Grounds and described in subsection (b) shall be known and designated as the “Congressional Award Youth Park”.

(b) Area included The parcel of land described in subsection (a) is— bounded on the north by Constitution Avenue, N.W.; bounded on the east by First Street, N.W.; bounded on the south by Pennsylvania Avenue, N.W.; and bounded on the west by Third Street N.W. The park shall extend to the curbs of the streets described in paragraph (1).

(c) Design The Architect of the Capitol shall sponsor a competition for the design of the park, based on specifications developed by the Architect. 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. The specifications shall require an outdoor design that is accessible to the public. To the maximum extent practicable, the specifications shall include requirements for— a fountain; extensive use of trees and flowering plants from each of the 50 States; large-scale replicas of the medals awarded under the Congressional Award Program; and the inscription of the names of all Congressional Award recipients. 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. 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.

§ 2168 Memorandum of understanding for provision of services of the United States Capitol telephone exchange for the House

(a) In general The Chief Administrative Officer of the House of Representatives and the Sergeant at Arms and Doorkeeper of the Senate may enter into a memorandum of understanding under which the Sergeant at Arms and Doorkeeper shall provide all services of the United States Capitol telephone exchange for the House of Representatives, in accordance with such terms and conditions as may be provided in the memorandum of understanding.

(b) Transfer of positions and personnel For any period during which a memorandum of understanding is in effect pursuant to this section— all positions in the United States Capitol telephone exchange for which the employing authority is the Chief Administrative Officer shall be transferred to the Sergeant at Arms and Doorkeeper; all employees in the United States Capitol telephone exchange for whom the employing authority is the Chief Administrative Officer shall be transferred to, and appointed by, the Sergeant at Arms and Doorkeeper; and the Sergeant at Arms and Doorkeeper shall serve as the employing authority for all personnel of the United States Capitol telephone exchange.

(c) Pay and leave accrual In carrying out a memorandum of understanding pursuant to this section, the Sergeant at Arms and Doorkeeper shall ensure that, with respect to any employee of the United States Capitol telephone exchange whose employing authority prior to the effective date of the memorandum was the Chief Administrative Officer— the rate of pay and leave accrual for the employee shall not be less than the employee’s rate of pay and leave accrual for the most recent pay period prior to such date, unless— the employee does not remain in the same position with the exchange; or the rate of pay or leave accrual is reduced for cause; and any leave accrued by the employee that remains unused as of such date shall be transferred to the employee and made available for the employee to use under the same terms and conditions that applied to the use of the leave prior to such date.

(d) Omitted

(e) Reimbursement of expenses by House A memorandum of understanding under this section may include a provision requiring the reimbursement by the House of Representatives during a fiscal year (paid out of the applicable accounts of the House) of the expenses incurred by the Sergeant at Arms and Doorkeeper during the fiscal year in carrying out the memorandum with respect to the employees of the United States Capitol telephone exchange whose employing authority prior to the effective date of the memorandum was the Chief Administrative Officer. Any reimbursement made pursuant to this subsection— in the case of a reimbursement for salaries or agency contributions and related expenses, shall be deposited in the account under the heading “ Office of the sergeant at arms and doorkeeper ” or “ agency contributions and related expenses ”, under the heading “ Salaries, Officers and Employees ”; and in the case of a reimbursement for expenses, shall be deposited in the account under the heading “ sergeant at arms and doorkeeper of the senate ” under the heading “ Contingent Expenses of the Senate ”. Any funds deposited under paragraph (2) shall be available in like manner and for the same purposes as are other funds in the account to which the funds were deposited.

(f) Effective date This section and the amendment made by this section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.

§ 2169 Capitol complex E–85 refueling station

(a) Construction The Architect of the Capitol may construct a fuel tank and pumping system for E–85 fuel at or within close proximity to the Capitol Grounds Fuel Station.

(b) Use The E–85 fuel tank and pumping system shall be available for use by all legislative branch vehicles capable of operating with E–85 fuel, subject to such other legislative branch agencies reimbursing the Architect of the Capitol for the costs of E–85 fuel used by such other legislative branch vehicles.

(c) Authorization of appropriations There is authorized to be appropriated to carry out this section $640,000 for fiscal year 2008.

§ 2170 Battery recharging stations for privately owned vehicles in parking areas under the jurisdiction of the Senate at no net cost to the Federal Government

(a) Definition In this section, the term “covered employee” means— an employee whose pay is disbursed by the Secretary of the Senate; or any other individual who is authorized to park in any parking area under the jurisdiction of the Senate on Capitol Grounds.

(b) Authority Subject to paragraph (3), funds appropriated to the Architect of the Capitol under the heading “Capitol Power Plant” under the heading “ARCHITECT OF THE CAPITOL” in any fiscal year are available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the Senate on Capitol Grounds for use by privately owned vehicles used by Senators or covered employees. In carrying out paragraph (1), the Architect of the Capitol may use 1 or more vendors on a commission basis. The Architect of the Capitol may construct or direct the construction of battery recharging stations described under paragraph (1) after— submission of written notice detailing the numbers and locations of the battery recharging stations to the Committee on Rules and Administration of the Senate; and approval by that Committee.

(c) Fees and charges Subject to paragraph (2), the Architect of the Capitol shall charge fees or charges for electricity provided to Senators and covered employees sufficient to cover the costs to the Architect of the Capitol to carry out this section, including costs to any vendors or other costs associated with maintaining the battery recharging stations. The Architect of the Capitol may establish and adjust fees or charges under paragraph (1) after— submission of written notice detailing the amount of the fee or charge to be established or adjusted to the Committee on Rules and Administration of the Senate; and approval by that Committee.

(d) Deposit and availability of fees, charges, and commissions Any fees, charges, or commissions collected by the Architect of the Capitol under this section shall be— deposited in the Treasury to the credit of the appropriations account described under subsection (b); and available for obligation without further appropriation during— the fiscal year collected; and the fiscal year following the fiscal year collected.

(e) Reports Not later than 30 days after the end of each fiscal year, the Architect of the Capitol shall submit a report on the financial administration and cost recovery of activities under this section with respect to that fiscal year to the Committee on Rules and Administration of the Senate. Not later than 3 years after August 10, 2012 , and every 3 years thereafter, the Architect of the Capitol shall submit a report to the Committee on Rules and Administration of the Senate determining whether Senators and covered employees using battery charging stations as authorized by this section are receiving a subsidy from the taxpayers. If a determination is made under subparagraph (A) that a subsidy is being received, the Architect of the Capitol shall submit a plan to the Committee on Rules and Administration of the Senate on how to update the program to ensure no subsidy is being received. If the committee does not act on the plan within 60 days, the Architect of the Capitol shall take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program consistent with an appropriate schedule for amortization, to be charged to those using the charging stations.

(f) Effective date This section shall apply with respect to fiscal year 2011 and each fiscal year thereafter.

§ 2171 Battery recharging stations for privately owned vehicles in parking areas under the jurisdiction of the House of Representatives at no net cost to the Federal Government

(a) Definition In this section, the term “covered employee” means— an employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives; or any other individual who is authorized to park in any parking area under the jurisdiction of the House of Representatives on Capitol Grounds.

(b) Authority Subject to paragraph (3), funds appropriated to the Architect of the Capitol under the heading “Capitol Power Plant” under the heading “ARCHITECT OF THE CAPITOL” in any fiscal year are available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the House of Representatives on Capitol Grounds for use by privately owned vehicles used by Members of the House of Representatives (including the Delegates or Resident Commissioner to the Congress) or covered employees. In carrying out paragraph (1), the Architect of the Capitol may use 1 or more vendors on a commission basis. The Architect of the Capitol may construct or direct the construction of battery recharging stations described under paragraph (1) after— submission of written notice detailing the numbers and locations of the battery recharging stations to the Committee on House Administration of the House of Representatives; and approval by that Committee.

(c) Fees and charges Subject to paragraph (2), the Architect of the Capitol shall charge fees or charges for electricity provided to Members and covered employees sufficient to cover the costs to the Architect of the Capitol to carry out this section, including costs to any vendors or other costs associated with maintaining the battery recharging stations. The Architect of the Capitol may establish and adjust fees or charges under paragraph (1) after— submission of written notice detailing the amount of the fee or charge to be established or adjusted to the Committee on House Administration of the House of Representatives; and approval by that Committee.

(d) Deposit and availability of fees, charges, and commissions Any fees, charges, or commissions collected by the Architect of the Capitol under this section shall be— deposited in the Treasury to the credit of the appropriations account described under subsection (b); and available for obligation without further appropriation during— the fiscal year collected; and the fiscal year following the fiscal year collected.

(e) Reports Not later than 30 days after the end of each fiscal year, the Architect of the Capitol shall submit a report on the financial administration and cost recovery of activities under this section with respect to that fiscal year to the Committee on House Administration of the House of Representatives. Not later than 3 years after August 16, 2012 , and every 3 years thereafter, the Architect of the Capitol shall submit a report to the Committee on House Administration of the House of Representatives determining whether Members (including any Delegate or Resident Commissioner to Congress) and covered employees using battery charging stations as authorized by this section are receiving a subsidy from the taxpayers. If a determination is made under subparagraph (A) that a subsidy is being received, the Architect of the Capitol shall submit a plan to the Committee on House Administration of the House of Representatives on how to update the program to ensure no subsidy is being received. If the committee does not act on the plan within 60 days, the Architect of the Capitol shall take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program consistent with an appropriate schedule for amortization, to be charged to those using the charging stations.

(f) Effective date This section shall apply with respect to fiscal year 2011 and each fiscal year thereafter.

§ 2171a Battery recharging stations for privately owned vehicles in parking areas under the jurisdiction of the Librarian of Congress at no net cost to the Federal Government

(a) Definition In this section, the term “covered employee” means— an employee of the Library of Congress; or any other individual who is authorized to park in any parking area under the jurisdiction of the Library of Congress on the Library of Congress buildings and grounds.

(b) Authority Subject to paragraph (3), funds appropriated to the Architect of the Capitol under the heading “Capitol Power Plant” under the heading “ARCHITECT OF THE CAPITOL” in any fiscal year are available to construct, operate, and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the Library of Congress on Library of Congress buildings and grounds for use by privately owned vehicles used by covered employees. In carrying out paragraph (1), the Architect of the Capitol may use one or more vendors on a commission basis. The Architect of the Capitol may construct or direct the construction of battery recharging stations described under paragraph (1) after— submission of written notice detailing the numbers and locations of the battery recharging stations to the Joint Committee on the Library; and approval by that Committee.

(c) Fees and charges Subject to paragraph (2), the Architect of the Capitol shall charge fees or charges for electricity provided to covered employees sufficient to cover the costs to the Architect of the Capitol to carry out this section, including costs to any vendors or other costs associated with maintaining the battery charging stations. The Architect of the Capitol may establish and adjust fees or charges under paragraph (1) after— submission of written notice detailing the amount of the fee or charge to be established or adjusted to the Joint Committee on the Library; and approval by that Committee.

(d) Deposit and availability of fees, charges, and commissions Any fees, charges, or commissions collected by the Architect of the Capitol under this section shall be— deposited in the Treasury to the credit of the appropriations account described under subsection (b); and available for obligation without further appropriation during the fiscal year collected.

(e) Reports Not later than 30 days after the end of each fiscal year, the Architect of the Capitol shall submit a report on the financial administration and cost recovery of activities under this section with respect to that fiscal year to the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate. Not later than 3 years after December 18, 2015 , and every 3 years thereafter, the Architect of the Capitol shall submit a report to the Joint Committee on the Library determining whether covered employees using battery charging stations as authorized by this section are receiving a subsidy from the taxpayers. If a determination is made under subparagraph (A) that a subsidy is being received, the Architect of the Capitol shall submit a plan to the Joint Committee on the Library on how to update the program to ensure no subsidy is being received. If the Joint Committee does not act on the plan within 60 days, the Architect of the Capitol shall take appropriate steps to increase rates or fees to ensure reimbursement for the cost of the program consistent with an appropriate schedule for amortization, to be charged to those using the charging stations.

(f) Effective date This section shall apply with respect to fiscal year 2016 and each fiscal year thereafter.

§ 2172 Office of Congressional Accessibility Services

(a) Establishment of Office of Congressional Accessibility Services There is established in the legislative branch the Office of Congressional Accessibility Services, to be headed by the Director of Accessibility Services. There is established the Congressional Accessibility Services Board, which shall be composed of— the Sergeant at Arms and Doorkeeper of the Senate; the Secretary of the Senate; the Sergeant at Arms of the House of Representatives; the Clerk of the House of Representatives; and the Architect of the Capitol. The Office of Congressional Accessibility Services shall be subject to the direction of the Congressional Accessibility Services Board. The Office of Congressional Accessibility Services shall— provide and coordinate accessibility services for individuals with disabilities, including Members of Congress, officers and employees of the House of Representatives and the Senate, and visitors, in the United States Capitol Complex; and provide information regarding accessibility for individuals with disabilities, as well as related training and staff development, to Members of Congress and employees of the Senate and the House of Representatives. In this paragraph, the term “United States Capitol Complex” means the Capitol buildings (as defined in section 5101 of title 40 ) and the United States Capitol Grounds (as described in section 5102 of such title).

(b) Director of Accessibility Services The Director of Accessibility Services shall be appointed by the Congressional Accessibility Services Board and shall be paid at a rate of pay determined by the Congressional Accessibility Services Board. Upon removal of the Director of Accessibility Services, the Congressional Accessibility Services Board shall immediately provide notice of the removal to the Committee on Rules and Administration of the Senate, the Committee on House Administration of the House of Representatives, and the Committees on Appropriations of the House of Representatives and Senate. The notice shall include the reasons for the removal. In carrying out the functions of the Office of Congressional Accessibility Services under subsection (a), the Director of Accessibility Services shall have the authority to— appoint, hire, and fix the compensation of such personnel as may be necessary for operations of the Office of Congressional Accessibility Services, except that no employee may be paid at an annual rate in excess of the annual rate of pay for the Director of Accessibility Services; take appropriate disciplinary action, including, when circumstances warrant, suspension from duty without pay, reduction in pay, demotion, or termination of employment with the Office of Congressional Accessibility Services, against any employee; disburse funds as may be necessary and available for the needs of the Office of Congressional Accessibility Services; and serve as contracting officer for the Office of Congressional Accessibility Services. Subject to the approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, the Director of Accessibility Services may place orders and enter into agreements with the Office of the Architect of the Capitol, with other legislative branch agencies, and with any office or other entity of the Senate or House of Representatives for procuring goods and providing financial and administrative services on behalf of the Office of Congressional Accessibility Services, or to otherwise assist the Director in the administration and management of the Office of Congressional Accessibility Services. The Director of Accessibility Services shall submit a report to the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives not later than 45 days following the close of each semiannual period ending on March 31 or September 30 of each year on the financial and operational status during the period of each function under the jurisdiction of the Director. Each such report shall include financial statements and a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function.

§ 2181 Assignment of space for meetings of joint committees, conference committees, etc.

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. ( Aug. 2, 1946, ch. 753 , title II, § 242, 60 Stat. 839 .)

§ 2182 Use of space formerly occupied by Library of Congress

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. ( June 6, 1900 , No. 33, 31 Stat. 719 .)

§ 2183 Protection of buildings and property

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. (R.S. § 1820.)

§ 2184 Purchase of furniture or carpets for House or Senate

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. (R.S. § 1816; Aug. 2, 1946, ch. 753 , title I, § 102, title II, § 224, 60 Stat. 814 , 838; Pub. L. 104–186, title II, § 221(2) , Aug. 20, 1996 , 110 Stat. 1748 .)

§ 2185 Estimates for improvements in grounds

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. ( Mar. 3, 1883, ch. 143 , 22 Stat. 621 .)

§ 2186 Square 580 landscape maintenance

For fiscal year 2016 and each fiscal year thereafter, the Architect of the Capitol, in consultation with the District of Columbia, is authorized to maintain and improve the landscape features, excluding streets, in Square 580 up to the beginning of I–395. ( Pub. L. 114–113, div. I, title II, § 206 , Dec. 18, 2015 , 129 Stat. 2672 .)