USC Subchapter II

USC Subchapter II
in effect

2 U.S.C. § 1811 Powers and duties

The Architect of the Capitol shall perform all the duties relative to the Capitol Building performed prior to August 15, 1876, by the Commissioner of Public Buildings and Grounds: Provided, That no change in the architectural features of the Capitol Building or in the landscape features of the Capitol Grounds shall be made except on plans to be approved by Congress.

2 U.S.C. § 1812 Care and superintendence of Capitol

The Architect of the Capitol shall on and after March 3, 1977, have the care and superintendence of the Capitol, including lighting. His office shall be in the Capitol Building.

2 U.S.C. § 1813 Exterior of Capitol

On and after July 7, 1884, it shall be the duty of the Architect to clean and keep in proper order the exterior of the Capitol.

2 U.S.C. § 1814 Repairs of Capitol

All improvements, alterations, additions, and repairs of the Capitol Building shall be made by the direction and under the supervision of the Architect of the Capitol.

2 U.S.C. § 1816 Construction contracts

(a) Liquidated damagesThe Architect of the Capitol may not enter into or administer any construction contract with a value greater than $50,000 unless the contract includes a provision requiring the payment of liquidated damages in the amount determined under subsection (b) in the event that completion of the project is delayed because of the contractor. (b) Amount of paymentThe amount of payment required under a liquidated damages provision described in subsection (a) shall be equal to the product of—(1) the daily liquidated damage payment rate; and (2) the number of days by which the completion of the project is delayed. (c) Daily liquidated damage payment rate(1) In generalIn subsection (b), the “daily liquidated damage payment rate” means—(A) $140, in the case of a contract with a value greater than $50,000 and less than $100,000; (B) $200, in the case of a contract with a value equal to or greater than $100,000 and equal to or less than $500,000; and (C) the sum of $200 plus $50 for each $100,000 increment by which the value of the contract exceeds $500,000, in the case of a contract with a value greater than $500,000. (2) Adjustment in rate permittedNotwithstanding paragraph (1), the daily liquidated damage payment rate may be adjusted by the contracting officer involved to a rate greater or lesser than the rate described in such paragraph if the contracting officer makes a written determination that the rate described does not accurately reflect the anticipated damages which will be suffered by the United States as a result of the delay in the completion of the contract. (d) Effective dateThis section shall apply with respect to contracts entered into during fiscal year 2002 or any succeeding fiscal year.

2 U.S.C. § 1816a Design-build contracts

(a) Notwithstanding any other provision of law, the Architect of the Capitol may use the two-phase selection procedures authorized in section 3309 of title 41 for entering into a contract for the design and construction of a public building, facility, or work in the same manner and under the same terms and conditions as the head of an executive agency under such section. (b) This section shall apply with respect to fiscal year 2008 and each succeeding fiscal year.

2 U.S.C. § 1816b Architect of the Capitol, authority for personal services contracts with legal entities

Notwithstanding any other provision of law, the Architect of the Capitol is authorized to contract for personal services with any firm, partnership, corporation, association, or other legal entity in the same manner as he is authorized to contract for personal services with individuals under the provisions of section 6101 of title 41.

2 U.S.C. § 1817 Transfer of discontinued apparatus to other branches

The Architect of the Capitol may transfer apparatus, appliances, equipments, and supplies of any kind, discontinued or permanently out of service, to other branches of the service of the United States, or District of Columbia, whenever, in his judgment the interests of the Government service may require it.

2 U.S.C. § 1817a Disposition of surplus or obsolete personal property

(a) In generalThe Architect of the Capitol shall have the authority, within the limits of available appropriations, to dispose of surplus or obsolete personal property by inter-agency transfer, donation, sale, trade-in, or discarding. Amounts received for the sale or trade-in of personal property shall be credited to funds available for the operations of the Architect of the Capitol and be available for the costs of acquiring the same or similar property. Such funds shall be available for such purposes during the fiscal year received and the following fiscal year. (b) Effective dateThis section shall apply with respect to fiscal year 2010, and each fiscal year thereafter.

2 U.S.C. § 1818 Rental or lease of storage space

Notwithstanding any other provision of law, the Architect of the Capitol, with the approval of the House Office Building Commission and Senate Committee on Rules and Administration, is authorized to secure, through rental, lease, or other appropriate agreement, storage space in areas within the District of Columbia and its environs beyond the boundaries of the United States Capitol Grounds for use of the United States Senate, the United States House of Representatives, and the Office of the Architect of the Capitol, under such terms and conditions as such Commission and committee may authorize, and to incur any necessary incidental expenses in connection therewith.

2 U.S.C. § 1819 Computer backup facilities for legislative offices

(a) Acquisition of buildings and facilitiesThe Architect of the Capitol is authorized, subject to the availability of appropriations, to acquire (through purchase, lease, or otherwise) buildings and facilities for use as computer backup facilities (and related uses) for offices in the legislative branch. (b) Acquisition subject to approvalThe acquisition of a building or facility under subsection (a) shall be subject to the approval of—(1) the House Office Building Commission, in the case of a building or facility acquired for the use of an office of the House of Representatives; (2) the Committee on Rules and Administration of the Senate, in the case of a building or facility acquired for the use of an office of the Senate; or (3) the House Office Building Commission in the case of a building or facility acquired for the use of any other office in the legislative branch as part of a joint facility with (1) above, or the Committee on Rules and Administration of the Senate, in the case of a building or facility acquired for the use of any other office in the legislative branch as part of a joint facility with (2) above. (c) United States Capitol grounds provisions applicableAny building or facility acquired by the Architect of the Capitol pursuant to subsection (a) shall be a part of the United States Capitol Grounds and shall be subject to the provisions of sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40. (d) Lease of buildings and facilitiesIn the case of a building or facility acquired through purchase pursuant to subsection (a), the Architect of the Capitol may enter into or assume a lease with another person for the use of any portion of the building or facility that the Architect of the Capitol determines is not required to be used to carry out the purposes of this section, subject to the approval of the entity which approved the acquisition of such building or facility under subsection (b). (e) Effective dateThis section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.

2 U.S.C. § 1820 Acquisition of real property for Capitol Police

(a) Authority for acquisitionSubject to the approval of the House Office Building Commission and the Senate Committee on Rules and Administration, the Architect of the Capitol is authorized to acquire (through purchase, lease, transfer from another Federal entity, or otherwise) real property, subject to the availability of appropriations and upon approval of an obligation plan by the Committees on Appropriations of the House and Senate, for the use of the United States Capitol Police. (b) United States Capitol grounds provisions applicableAny real property acquired by the Architect of the Capitol pursuant to subsection (a) shall be a part of the United States Capitol Grounds and shall be subject to the provisions of sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40. (c) Effective dateThis section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.

2 U.S.C. § 1821 Small purchase contracting authority

(a) In generalTo promote efficiency and economy in contracting and to avoid unnecessary burdens, the Architect of the Capitol is granted authority to utilize special simplified procedures for purchases of property and services the aggregate amount of which does not exceed $250,000. Notwithstanding any other provision of law—(1) section 6101 of title 41 shall apply with respect to purchases and contracts for the Architect of the Capitol as if the reference to “$25,000” in paragraph (1) of such section were a reference to “$100,000”; and (2) the Architect may procure services, equipment, and construction for security related projects in the most efficient manner he determines appropriate. (b) Effective dateThis section shall apply to fiscal year 2003 and each fiscal year thereafter.

2 U.S.C. § 1822 Leasing of space

(a) In generalFunds appropriated to the Architect of the Capitol shall be available—(1) for the leasing of space in areas within the District of Columbia and its environs beyond the boundaries of the United States Capitol Grounds to meet space requirements of the United States Senate, United States House of Representatives, United States Capitol Police, and the Architect of the Capitol under such terms and conditions as the Committee or Commission referred to under subsection (b) may authorize; and (2) to incur any necessary expense in connection with any leasing of space under paragraph (1). (b) Conditions to lease spaceThe Architect of the Capitol may lease space under subsection (a) upon submission of written notice of intent to lease such space to, and approved by—(1) the Committees on Appropriations and Rules and Administration of the Senate for space to be leased for the Senate; (2) the Committee on Appropriations of the House of Representatives and the House Office Building Commission for space to be leased for the House of Representatives; and (3) the Committees on Appropriations of the Senate and House of Representatives, for space to be leased for any other entity under subsection (a). (c) Effective dateThis section shall apply with respect to fiscal year 2004, and each fiscal year thereafter.

2 U.S.C. § 1823 Acquisition of real property for Sergeant at Arms and Doorkeeper of the Senate

(1) The Architect of the Capitol may acquire (through purchase, lease, transfer from another Federal entity, or otherwise) real property, for the use of the Sergeant at Arms and Doorkeeper of the Senate to support the operations of the Senate—(A) subject to the approval of the Committee on Rules and Administration of the Senate; and (B) subject to the availability of appropriations and upon approval of an obligation plan by the Committee on Appropriations of the Senate. (2) Subject to the approval of the Committee on Appropriations of the Senate, the Secretary of the Senate may transfer funds for the acquisition or maintenance of any property under paragraph (1) from the account under the heading “Senate, Contingent Expenses of the Senate, Sergeant at Arms and Doorkeeper of the Senate” to the account under the heading “Architect of the Capitol, Senate Office Buildings”. (3) This section shall apply with respect to fiscal year 2007 and each fiscal year thereafter.

2 U.S.C. § 1823a Acquisition of real property for Library of Congress

(a) Permitting leasing of spaceSubject to the availability of funds, the Architect of the Capitol may acquire real property by lease for the use of the Library of Congress in any State or the District of Columbia if—(1) the Architect of the Capitol and the Librarian of Congress submit a joint request for the Architect to lease the property to the Joint Committee on the Library and to the Committees on Appropriations of the House of Representatives and Senate; and (2) the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate each approve the request. (b) Transfer of fundsSubject to the approval of the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and the Senate, the Architect of the Capitol and the Librarian of Congress may transfer between themselves appropriations or other available funds to pay the costs incurred in acquiring real property pursuant to the authority of this section and the costs of necessary expenses incurred in connection with the acquisition of the property. (c) Limit on obligationsNo obligation entered into pursuant to the authority of this section shall be in advance of, or in excess of, available appropriations. (d) Effective dateThis section shall apply with respect to fiscal year 2009 and each succeeding fiscal year.

2 U.S.C. § 1824 Energy and environmental measures in Capitol Complex Master Plan

(a) In generalTo the maximum extent practicable, the Architect of the Capitol shall include energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures in the Capitol Complex Master Plan. (b) ReportNot later than 6 months after December 19, 2007, the Architect of the Capitol shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Rules and Administration of the Senate, a report on the energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures included in the Capitol Complex Master Plan pursuant to subsection (a).

2 U.S.C. § 1824a Recyclable materials

(a) Collection and sale of recyclable materials(1) Establishment of programThe Architect of the Capitol shall establish a program for the collection and sale of recyclable materials collected from or on the Capitol buildings and grounds, in accordance with the procedures applicable under subchapter III of chapter 5 of subtitle I of title 40, to the sale of surplus property by an executive agency. (2) Exclusion of materials subject to other programsThe program established under this section shall not apply with respect to any materials which are subject to collection and sale under—(A) section 6516 of this title; (B) section 5540 of this title; (C) section 2026 of this title; or (D) any other authorized program for the collection and sale of recyclable materials. (b) Revolving fund(1) In generalThere is established in the Treasury a revolving fund for the Office of the Architect of the Capitol, which shall consist of—(A) proceeds from the sale of recyclable materials under the program established under this section; and (B) such amounts as may be appropriated under law. (2) Use of fundAmounts in the revolving fund established under paragraph (1) shall be available without fiscal year limitation to the Architect of the Capitol, subject to the Architect providing prior notice to the Committees on Appropriations of the House of Representatives and Senate—(A) to carry out the program established under this section; (B) to carry out authorized programs and activities of the Architect to improve the environment; and (C) to carry out authorized programs and activities of the Architect to promote energy savings. (c) Effective dateThis section shall apply with respect to fiscal year 2009 and each fiscal year thereafter.

2 U.S.C. § 1826 Easements for rights-of-way

(a) In generalThe Architect of the Capitol may grant, upon such terms as the Architect of the Capitol considers advisable, including monetary consideration, easements for rights-of-way over, in, and upon the Capitol Grounds and any other public lands under the jurisdiction and control of the Architect of the Capitol. (b) LimitationNo easement granted under this section may include more land than is necessary for the easement. (c) Easement accountThere is established in the Treasury an easement account for the Architect of the Capitol. The Architect of the Capitol shall deposit in the account all proceeds received relating to the granting of easements under this section. The proceeds deposited in that account shall be available to the Architect, in such amounts and for such purposes provided in appropriations acts. (d) In-kind considerationSubject to subsection (f), the Architect may accept in-kind consideration instead of, or in addition to, any monetary consideration, for any easement granted under this section. (e) Termination of easementThe Architect of the Capitol may terminate all or part of any easement granted under this section for—(1) failure to comply with the terms of the grant; (2) nonuse for a 2-year period; or (3) abandonment. (f) ApprovalThe Architect of the Capitol may grant an easement for rights-of-way under subsection (a) upon submission of written notice of intent to grant that easement and the amount or type of consideration to be received, and approval by—(1) the Committee on Rules and Administration of the Senate for easements granted on property under Senate jurisdiction; (2) the House Office Building Commission for property under House of Representatives jurisdiction; and (3) the Committee on Rules and Administration of the Senate and the House Office Building Commission for easements granted on any other property. (g) Effective dateThis section shall apply to fiscal year 2008 and each fiscal year thereafter.

2 U.S.C. § 1827 Support and maintenance during emergencies

(a) During an emergency involving the safety of human life or the protection of property, as determined or declared by the Capitol Police Board, the Architect of the Capitol—(1) may accept contributions of comfort and other incidental items and services to support employees of the Office of the Architect of the Capitol while such employees are on duty in response to the emergency; and (2) may incur obligations and make expenditures out of available appropriations for meals, refreshments, and other support and maintenance for the Office of the Architect of the Capitol if, in the judgment of the Architect, such obligations and expenditures are necessary to respond to the emergency. (b) This section shall apply with respect to fiscal year 2010 and each succeeding fiscal year.

2 U.S.C. § 1828 Administration of public outreach and services for Capitol Grounds and Arboretum

For this fiscal year and each fiscal year thereafter, the Architect of the Capitol, subject to the approval of the Committees on Appropriations of the Senate and House of Representatives, may enter into cooperative agreements with entities under such terms as the Architect determines advisable, in order to support the Capitol Grounds and Arboretum in carrying out its duties, authorities and mission, and may engage in plant material exchanges between the Capitol Grounds and Arboretum and other entities including Federal, State, or local government agencies, botanic gardens, arboretums, educational institutions, non-profit organizations, municipal parks, and gardens.

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