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House Office Building; control, supervision, and care

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§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 .)

Editorial Notes

Codification

Section was classified to section 175 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062 .

Section is based on act Mar. 4, 1907, popularly known as the "Sundry Civil Appropriation Act, fiscal year 1908" appropriating for the maintenance of such Building.

Amendments

2010-Pub. L. 111–145 substituted "other than the United States Capitol Police" for "other than officers and privates of the Capitol police" in two places.

Statutory Notes and Related Subsidiaries

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under section 1801 of this title.

Short Title of 2012 Amendment

Pub. L. 112–234, §1, Dec. 28, 2012, 126 Stat. 1624 , provided that: "This Act [amending sections 2084 and 2108 of this title, section 2703a of Title 19, Customs Duties, section 1708a of Title 21, Food and Drugs, section 376 of Title 28, Judiciary and Judicial Procedure, and section 2103 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, amending provisions set out as notes under section 4301 of Title 38, Veterans' Benefits, and section 416 of Title 39, Postal Service, and repealing provisions set out as a note under section 416 of Title 39] may be cited as the 'GAO Mandates Revision Act of 2012'."

Acquisition of Site

Act Mar. 3, 1903, ch. 1007, 32 Stat. 1113 , authorized acquisition of a site for and the construction of the House Office Building, and appointment of a Commission to supervise its construction.

Joint Resolution May 28, 1908, provided that it should be designated the House Office Building.

House Public Address Sound System Activities; Transfer of Employees and Funding

Pub. L. 104–197, title III, §307, Sept. 16, 1996, 110 Stat. 2413 , provided that:

"(a) Upon approval of the Committee on Appropriations of the House of Representatives, and in accordance with conditions determined by the Committee on House Oversight [now Committee on House Administration], positions in connection with House public address sound system activities and related funding shall be transferred from the appropriation for the Architect of the Capitol for Capitol buildings and grounds under the heading 'capitol buildings' to the appropriation for salaries and expenses of the House of Representatives for the Office of the Clerk under the heading 'salaries, officers and employees'.

"(b) For purposes of section 8339(m) of title 5, United States Code, the days of unused sick leave to the credit of any such employee as of the date such employee is transferred under subsection (a) shall be included in the total service of such employee in connection with the computation of any annuity under subsections (a) through (e) and (o) of such section.

"(c) In the case of days of annual leave to the credit of any such employee as of the date such employee is transferred under subsection (a), the Architect of the Capitol is authorized to make a lump sum payment to each such employee for that annual leave. No such payment shall be considered a payment or compensation within the meaning of any law relating to dual compensation."

Transfer of O'Neill Building to House of Representatives

Pub. L. 114–223, div. C, §176, as added by Pub. L. 114–254, div. A, §101(3), Dec. 10, 2016, 130 Stat. 1012 , provided that:

"(a) Transfer.-Effective upon the expiration of the 180-day period that begins on the date of the enactment of this section [Dec. 10, 2016]-

"(1) the building described in subsection (e) shall become an office building of the House of Representatives;

"(2) the Administrator of General Services shall transfer custody, control, and administrative jurisdiction over the building to the Architect of the Capitol; and

"(3) the Architect of the Capitol shall exercise custody, control, and administrative jurisdiction over the building subject to the direction of the House Office Building Commission.

"(b) Treatment as House Office Building and Part of Capitol Grounds.-Upon the transfer of custody, control, and administrative jurisdiction under subsection (a), the building and grounds described in subsection (e) shall be treated as a House Office Building and as part of the United States Capitol Grounds for purposes of all laws, rules, and regulations applicable to the House Office Buildings and the Capitol Grounds, including-

"(1) chapter 51 of title 40, United States Code (relating to the administration of the United States Capitol Buildings and Grounds); and

"(2) section 9 of the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes', approved July 31, 1946 (2 U.S.C. 1961) (relating to the authority of the United States Capitol Police to police the United States Capitol Buildings and Grounds).

"(c) Authority of Architect of the Capitol to Enter Into Leases and Other Agreements With Federal Departments and Agencies for Use of Building.-

"(1) Authority described.-The Architect of the Capitol is authorized to enter into leases and other agreements with departments and agencies of the Federal Government for the use of the building described in subsection (e) (or portions thereof), subject to the approval of the House Office Building Commission.

"(2) Collection of payments.-Pursuant to a lease or other agreement entered into between the Architect of the Capitol and a department or agency of the Federal Government under the authority described in paragraph (1), the Architect of the Capitol is authorized to collect payments from such department or agency and such department or agency is authorized to make payments to the Architect of the Capitol, including payments of commercially-equivalent rent.

"(3) Treatment of payments.-Any payments received by the Architect of the Capitol pursuant to any lease or other agreement entered into under this subsection shall be deposited to the appropriation available to the Architect of the Capitol from the House Office Buildings Fund established under subsection (d) and shall be subject to future appropriation.

"(d) House Office Buildings Fund.-

"(1) Establishment.-There is established in the Treasury of the United States a fund to be known as the 'House Office Buildings Fund' (hereafter in this section referred to as the 'Fund').

"(2) Contents of fund.-The Fund shall consist of the following amounts:

"(A) Amounts transferred by the Architect of the Capitol under paragraph (3) of subsection (c).

"(B) Interest earned on the balance of the Fund.

"(C) Such other amounts as may be appropriated by law.

"(3) Use of fund.-Amounts in the Fund shall be available to the Architect of the Capitol for the maintenance, care, and operation of the House office buildings, and may be used to reimburse the United States Capitol Police, the House of Representatives, or any other office of the legislative branch which provides goods or services for the maintenance, care, and operation of the building and grounds described in subsection (e), in such amounts as may be appropriated under law.

"(4) Notification to committee on appropriations.-Upon making any obligation or expenditure of any amount in the Fund, the Architect of the Capitol shall notify the Committee on Appropriations of the House of Representatives of the amount and purpose of the obligation or expenditure.

"(5) Continuing availability of funds.-Amounts in the Fund are available without regard to fiscal year limitation.

"(e) Description of Building and Grounds.-

"(1) Description.-The building and grounds described in this subsection is the Federal building located in the District of Columbia which is commonly known as the 'Thomas P. O'Neill Jr. Federal Building', and which is more particularly described as follows: Square 579, Lot 827, at 200 C Street Southwest, bounded by C Street Southwest on the north, by 2nd Street Southwest on the east, by D Street Southwest on the south, and by 3rd Street Southwest on the west, and by all that area contiguous to and surrounding Square 579 from the property line thereof to the west curb of 3rd Street Southwest, the north curb of C Street Southwest, the east curb of 2nd Street Southwest, and the south curb of D Street Southwest.

"(2) Retention of responsibilities of district of columbia.-The Mayor of the District of Columbia will retain responsibility for the maintenance and improvement of those portions of the streets which are situated between the curb lines of the streets referenced in paragraph (1)."

501 First Street SE., District of Columbia; Disposal of Real Property

Pub. L. 113–76, div. I, title I, §1302, Jan. 17, 2014, 128 Stat. 429 , provided that:

"(a) Use of Building.-In exercising its authority under the item 'Architect of the Capitol, Capitol Buildings and Grounds, House Office Buildings' in the Legislative Branch Appropriations Act, 1985 (Public Law 98–367; 2 U.S.C. 2001 note), to use the building referred to in such item for the purposes of providing office and accommodations for the House of Representatives, the House Office Building Commission is authorized to enter into such agreements regarding the use of the building by the House or by other persons as the Commission considers appropriate.

"(b) Effective Date.-This section shall apply with respect to fiscal year 2014 and each succeeding fiscal year."

Pub. L. 104–99, title I, §121, Jan. 26, 1996, 110 Stat. 30 , as amended by Pub. L. 105–275, title I, §110, Oct. 21, 1998, 112 Stat. 2440 , provided that:

"(a) Disposal of Real Property.-

"(1) In general.-The Architect of the Capitol shall dispose of by sale at fair market value all right, title, and interest of the United States in and to the parcel of real property described in paragraph (9), including all improvements to such real property. Such disposal shall be made by quitclaim deed.

"(2) House office building commission.-The Architect of the Capitol shall carry out this section under the direction of the House Office Building Commission.

"(3) Procedures.-Notwithstanding any other provision of law, the disposal under paragraph (1) shall be made in accordance with such procedures as the Architect of the Capitol determines appropriate.

"(4) Sense of congress.-It is the sense of Congress that the child care center of the House of Representatives should remain in operation during the implementation of this section.

"(5) Terms and conditions.-The deed of conveyance for the property to be disposed of under paragraph (1) shall contain such terms and conditions as the Architect of the Capitol determines are necessary to protect the interests of the United States.

"(6) Deposit of proceeds.-All proceeds from the disposal under paragraph (1) shall be deposited in the account established by subsection (b).

"(7) Advertising and marketing.-The Architect of the Capitol shall begin advertising and marketing the property to be disposed of under paragraph (1) not later than 30 days after the date of the enactment of this Act [Jan. 26, 1996].

"(8) Local zoning and occupancy requirements.-Until such date as the purchaser of the property to be disposed of under paragraph (1) takes full occupancy of such property, such property and the tenants of such property shall be deemed to be in compliance with all applicable zoning and occupancy requirements of the District of Columbia.

"(9) Property description.-The parcel of real property referred to in paragraph (1) is the approximately 31,725 square feet of land located at 501 First Street, SE., on square 736 S, Lot 801 (formerly part of Reservation 17) in the District of Columbia. Such parcel is bounded by E Street, SE., to the north, First Street, SE., to the east, New Jersey Avenue, SE., to the west, and Garfield Park to the south.

"(b) Separate Account in the Treasury.-

"(1) Establishment.-There is established in the Treasury of the United States a separate account which shall consist of amounts deposited into the account by the Architect of the Capitol under subsection (a).

"(2) Availability of funds.-Funds in the account established by paragraph (1) shall be available, in such amounts as are specified in appropriations Acts, to the Architect of the Capitol for-

"(A) payment of expenses associated with relocating the tenants of the property to be disposed of under subsection (a)(1);

"(B) payment of expenses associated with renovating facilities under the jurisdiction of the Architect for the purpose of accommodating such tenants;

"(C) reimbursement of expenses incurred for advertising and marketing activities related to the disposal under subsection (a)(1) in a total amount of not to exceed $75,000; and

"(D) reimbursement of expenses incurred by the Chief Administrative Officer of the House of Representatives to cover the costs of furnishings and furniture to accommodate the needs of the House of Representatives Child Care Center.

Funds made available under this paragraph shall not be subject to any fiscal year limitation.

"(3) Reporting of transactions.-Receipts, obligations, and expenditures of funds in the account established by paragraph (1) shall be reported in annual estimates submitted to Congress by the Architect of the Capitol for the operation and maintenance of the Capitol Buildings and Grounds.

"(4) Termination of account.-Not later than 2 years after the date of settlement on the property to be disposed of under subsection (a)(1), the Architect of the Capitol shall terminate the account established by paragraph (1) and all amounts remaining in the account shall be deposited into the general fund of the Treasury of the United States and credited as miscellaneous receipts.

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

"(1) In general.-The Architect of the Capitol is authorized to furnish steam and chilled water from the Capitol Power Plant to the owner of the property to be disposed of under subsection (a)(1) if the owner agrees to pay for such steam and chilled water at market rates, as determined by the Architect of the Capitol.

"(2) Authority limited to existing facilities.-The Architect of the Capitol may furnish steam and chilled water under paragraph (1) only with respect to facilities which, on the date of the enactment of this Act [Jan. 26, 1996], are located on the property to be disposed of under subsection (a)(1).

"(3) Proceeds.-All proceeds from the sale of steam and chilled water under paragraph (1) shall be deposited into the general fund of the Treasury of the United States and credited as miscellaneous receipts."

[ Pub. L. 104–134, title II, §21103, Apr. 26, 1996, 110 Stat. 1321–335 , provided that: "Notwithstanding section 106 of Public Law 104–99 [110 Stat. 27], sections 118 [110 Stat. 30], 121 [set out as a note above], and 129 [amending section 1611 of this title and enacting provisions set out as a note under section 1611 of this title] of Public Law 104–99 shall remain in effect as if enacted as part of this Act."]

Pub. L. 98–367, title I, July 17, 1984, 98 Stat. 483 , provided in part: "That notwithstanding any other provision of law, the House Office Building Commission is authorized to use, to such extent as it may deem necessary, for the purposes of providing office and other accommodations for the House of Representatives, the building located at 501 First Street, S.E., on a portion of Reservation 17 in the District of Columbia when such building is acquired by the Architect of the Capitol at the direction of the House Office Building Commission under authority of the Additional House Office Building Act of 1955 [act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41 , see note below], and to incur any expenditures under this appropriation required for alterations, maintenance, and occupancy thereof: Provided further, That any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings."

House Parking Activities; Transfer of Employees and Funding

Pub. L. 104–53, title III, §306, Nov. 19, 1995, 109 Stat. 536 , provided that:

"(a) Upon approval of the Committee on Appropriations of the House of Representatives, and in accordance with conditions determined by the Committee on House Oversight [now Committee on House Administration], positions in connection with House parking activities and related funding shall be transferred from the appropriation 'Architect of the Capitol, Capitol buildings and grounds, House office buildings' to the appropriation 'House of Representatives, salaries, officers and employees, Office of the Sergeant at Arms': Provided, That the position of Superintendent of Garages shall be subject to authorization in annual appropriations Acts.

"(c) In the case of days of annual leave to the credit of any such employee as of the date such employee is transferred under subsection (a) the Architect of the Capitol is authorized to make a lump sum payment to each such employee for that annual leave. No such payment shall be considered a payment or compensation within the meaning of any law relating to dual compensation."

Designation of House Office Buildings

House Resolution No. 402, One Hundred First Congress, Sept. 10, 1990, provided that:

"SECTION 1. DESIGNATIONS.

"(a) Thomas P. O'Neill, Jr. House of Representatives Office Building.-The House of Representatives office building located at C Street and New Jersey Avenue, Southeast, in the District of Columbia, and known as House of Representatives Office Building Annex No. 1, shall be known and designated as the 'Thomas P. O'Neill, Jr. House of Representatives Office Building'.

"(b) Gerald R. Ford House of Representatives Office Building.-The House of Representatives office building located at 3d and D Streets, Southwest, in the District of Columbia, and known as House of Representatives Office Building Annex No. 2, shall be known and designated as the 'Gerald R. Ford House of Representatives Office Building'.

"SEC. 2. REFERENCES.

"Any reference in a law, map, regulation, document, paper, or other record of the United States to a building referred to in section 1 shall be deemed to be a reference to the building as designated in that section.

"SEC. 3. STATUES.

"The Speaker of the House of Representatives may purchase or accept as a gift to the House of Representatives, for permanent display in the appropriate building designated in section 1, a suitable statue or bust of the individual for whom the building is named. Such purchase or acceptance shall be carried out-

"(1) in the case of the building referred to in section 1(a), in consultation with the majority leader of the House of Representatives; and

"(2) in the case of the building referred to in section 1(b), in consultation with the minority leader of the House of Representatives."

Additional House Office Building

Pub. L. 94–6, ch. I, Feb. 28, 1975, 89 Stat. 12 , provided in part that: "Notwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purposes of providing office and other accommodations for the House of Representatives, the building located on Square 581 in the District of Columbia when such Square, including the improvements thereon, is acquired by the Architect of the Capitol at the direction of the House Office Building Commission under authority of the Additional House Office Building Act of 1955 [act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41 , see note below] and to incur any expenditures under this appropriation [$15,000,000 for fiscal year ending June 30, 1975, to remain available until expended] required for alterations, maintenance, and occupancy thereof, and (2) prior to occupancy of the entire building by the House of Representatives, to permit the temporary occupancy by other governmental activities of any part of such building not so occupied, under such terms and conditions as such Commission may authorize: Provided further, That any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings."

Act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41 , known as the Additional House Office Building Act of 1955, authorized the construction of an additional fireproof office building for use of the House of Representatives, on a site approved by the House Office Building Commission, in accordance with plans prepared by the Architect of the Capitol and approved by the Commission, authorized the Architect of the Capitol to acquire certain real property in the District of Columbia, subject to the approval of the Commission, for construction of the office building or for additions to the United States Capitol Grounds, designated the necessary procedure for condemnation proceedings conducted pursuant to such real property acquisition, authorized the demolition of certain buildings by the Architect, and appropriated $5,000,000 and authorized such additional appropriations as the Commission deemed necessary for the construction project.

Use of Congressional Hotel as House Office Building; Lease of Unused Space

Pub. L. 92–313, §8, June 16, 1972, 86 Stat. 222 , provided that:

"(a) Notwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purpose of providing office and other accommodations for the House of Representatives, the building, known as the Congressional Hotel, acquired by the Government in 1957 as part of Lot 20 in Square 692 in the District of Columbia under authority of the Additional House Office Building Act of 1955 [act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41 , see note above] and (2) to direct the Architect of the Capitol to lease, at fair market value, for such other use and under such terms and conditions and to such parties as such Commission may authorize, any space in such building not required for the aforesaid purpose.

"(b) Any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings."

Additional Parking Space for House Employees

House Resolution No. 208, Ninety-fourth Congress, Feb. 24, 1975, as enacted into permanent law by Pub. L. 94–59, title II, §201, July 25, 1975, 89 Stat. 282 , and amended by Pub. L. 104–186, title II, §221(4)(B), Aug. 20, 1996, 110 Stat. 1749 , provided: "That the chairman, Committee on House Oversight [now Committee on House Administration] of the House of Representatives is authorized:

"(1) to lease or to otherwise provide additional indoor and outdoor parking facilities for employees of the House of Representatives in an area or areas in the District of Columbia outside but adjacent to the limits of the United States Capitol Grounds;

"(2) to regulate and assign such additional parking facilities;

"(3) to utilize the United States Capitol Police with respect to such parking areas, and transit routes; and

"(4) to utilize the services of the Architect of the Capitol to prepare bids, leases, or otherwise assist in obtaining such additional parking facilities.

Until otherwise provided by law, there shall be paid out of the applicable accounts of the House of Representatives such sums as may be necessary to carry out this authorization."

Inclusion of Additional Areas and Buildings

For inclusion of additional areas and buildings as part of the United States Capitol grounds, see order of the House Office Building Commission affecting the Capitol grounds and buildings, set out as a note under section 5102 of Title 40, Public Buildings, Property, and Works.

Compensation of Superintendent of Garages of House Office Buildings

Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2170 , as amended by Pub. L. 102–90, title I, §105, Aug. 14, 1991, 105 Stat. 460 ; Pub. L. 104–186, title II, §221(4)(A), Aug. 20, 1996, 110 Stat. 1748 , provided: "That upon enactment of this Act [Oct. 1, 1988], the pay for the position of Superintendent of Garages shall be equivalent to the pay payable for positions at step 1 of level 12 of the House Employees Schedule, subject to the further increases authorized under section 5306(a)(1)(B) of title 5, United States Code, relating to the implementation of salary comparability policy, and subject to any increase which may be allowed by the Committee on House Oversight [now Committee on House Administration] based on performance exceeding an acceptable level of competence over a 52-week period (except that no such performance-based increase shall affect the waiting period or effective date of any longevity step-increase or increase under such section 5306(a)(1)(B))."

Compensation of Personnel Assigned to House Garages in Connection With Parking Activities

Pub. L. 93–245, ch. VI, Jan. 3, 1974, 87 Stat. 1079 , provided that: "Effective on the first day of the first applicable pay period which begins on or after the date of enactment of this Act [Jan. 3, 1974], the compensation of personnel assigned to the House garages in connection with parking activities and paid from the appropriation 'House Office Building' under the Architect of the Capitol, shall be fixed by the Architect of the Capitol without regard to chapter 51 and subchapters III and IV of chapter 53 of title 5, United States Code, and shall thereafter be adjusted in accordance with 5 U.S.C. 5307."

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