1994 US Code
Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
CHAPTER 2 - CAPITOL BUILDING AND GROUNDS
Sec. 166 - Architect of Capitol; repairs of Capitol

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§166. Architect of Capitol; repairs of Capitol

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

(R.S. §1816; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291; Oct. 31, 1951, ch. 654, §3(15), 65 Stat. 708.)

Codification

R.S. §1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat. 617; acts Mar. 30, 1867, ch. 24, §2, 15 Stat. 13; July 20, 1868, ch. 177, §1, 15 Stat. 115; Mar. 3, 1869, ch. 121, §1, 15 Stat. 283, 284; Mar. 3, 1871, ch. 114, §1, 16 Stat. 500; Aug. 15, 1876, ch. 287, 19 Stat. 147.

Amendments

1951—Act Oct. 31, 1951, struck out requirement that such improvements, etc., should be paid for by Secretary of the Interior out of appropriations for Capitol extension, and from no other appropriation.

Change of Name

Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title.

Energy Management Requirements for Congressional Buildings

Pub. L. 102–486, title I, §168, Oct. 24, 1992, 106 Stat. 2862, provided that:

“(a) In General.—The Architect of the Capitol (hereafter in this section referred to as the ‘Architect’) shall undertake a program of analysis and, as necessary, retrofit of the Capitol Building, the Senate Office Buildings, the House Office Buildings, and the Capitol Grounds, in accordance with subsection (b).

“(b) Program.—

“(1) Lighting.—

“(A) Implementation.—

“(i) In general.—Not later than 18 months after the date of the enactment of this Act [Oct. 24, 1992] and subject to the availability of funds to carry out this section, the Architect shall begin implementing a program to replace in each building described in subsection (a) all inefficient office and general use area fluorescent lighting systems with systems that incorporate the best available design and technology and that have payback periods of 10 years or less, as determined by using methods and procedures established under section 544(a) of the National Energy and Conservation Policy Act (42 U.S.C. 8254(a)).

“(ii) Replacement of incandescent lighting.—Whenever practicable in office and general use areas, the Architect shall replace incandescent lighting with efficient fluorescent lighting.

“(B) Completion.—Subject to the availability of funds to carry out this section, the program described in subparagraph (A) shall be completed not later than 5 years after the date of the enactment of this Act.

“(2) Evaluation and report.—

“(A) In general.—Not later than 6 months after the date of the enactment of this Act [Oct. 24, 1992], the Architect shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report evaluating potential energy conservation measures for each building described in subsection (a) in the areas of heating, ventilation, air conditioning equipment, insulation, windows, domestic hot water, food service equipment, and automatic control equipment.

“(B) Costs.—The report submitted under subparagraph (A) shall detail the projected installation cost, energy and cost savings, and payback period of each energy conservation measure, as determined by using methods and procedures established under section 544(a) of the National Energy Conservation Policy Act (42 U.S.C. 8254(a)).

“(3) Review and approval of energy conservation measures.—The Committee on Public Works and Transportation of the House of Representatives and the Committee on Rules and Administration of the Senate shall review the energy conservation measures identified in accordance with paragraph (2) and shall approve any such measure before it may be implemented.

“(4) Utility incentive programs.—In carrying out this section, the Architect is authorized and encouraged to—

“(A) accept any rebate or other financial incentive offered through a program for energy conservation or demand management of electricity, water, or gas that—

“(i) is conducted by an electric, natural gas, or water utility;

“(ii) is generally available to customers of the utility; and

“(iii) provides for the adoption of energy efficiency technologies or practices that the Architect determines are cost-effective for the buildings described in subsection (a); and

“(B) enter into negotiations with electric and natural gas utilities to design a special demand management and conservation incentive program to address the unique needs of the buildings described in subsection (a).

“(5) Use of savings.—The Architect shall use an amount equal to the rebate or other savings from the financial incentive programs under paragraph (4)(A), without additional authorization or appropriation, for the implementation of additional energy and water conservation measures in the buildings under the jurisdiction of the Architect.

“(c) Authorization of Appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section.”

Conditions for Use of Certain Telecommunications Systems and Services by Agency of Legislative Branch

Pub. L. 101–520, title III, §306, Nov. 5, 1990, 104 Stat. 2277, provided that:

“(a) Hereafter, notwithstanding any other provision of law, any agency of the legislative branch is authorized to use telecommunications systems and services provided by the Architect of the Capitol or the House of Representatives or the Senate under the approved plan required by section 305 of Public Law 100–202 (101 Stat. 1329–308) [formerly set out below] if such systems and services—

“(1) have been acquired competitively; and

“(2) in the case of long distance service, have been determined by the Architect of the Capitol to be at least equal in quality to, and not greater in cost than, the systems and services available under the procurement conducted by the Administrator of General Services known as ‘FTS2000’.

“(b) As used in this section, the term ‘agency of the legislative branch’ means the office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office.”

Similar provisions were contained in the following prior appropriations acts:

Pub. L. 101–163, title III, §306, Nov. 21, 1989, 103 Stat. 1064.

Pub. L. 100–458, title III, §307B, Oct. 1, 1988, 102 Stat. 2183.

Development of Overall Plan for Satisfying Telecommunications Requirements of Agencies of Legislative Branch

Pub. L. 102–392, title III, §305, Oct. 6, 1992, 106 Stat. 1721, provided that:

“(a) The Architect of the Capitol, in consultation with the heads of the agencies of the legislative branch, shall develop an overall plan for satisfying the telecommunications requirements of such agencies, using a common system architecture for maximum interconnection capability and engineering compatibility. The plan shall be subject to joint approval by the Committee on House Administration [now Committee on House Oversight] of the House of Representatives and the Committee on Rules and Administration of the Senate, and, upon approval, shall be communicated to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. No part of any appropriation in this Act or any other Act shall be used for acquisition of any new or expanded telecommunications system for an agency of the legislative branch, unless, as determined by the Architect of the Capitol, the acquisition is in conformance with the plan, as approved.

“(b) As used in this section—

“(1) the term ‘agency of the legislative branch’ means the Office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office; and

“(2) the term ‘telecommunications system’ means an electronic system for voice, data, or image communication, including any associated cable and switching equipment.

“(c) This section shall apply with respect to fiscal years beginning after September 30, 1992.”

Similar provisions were contained in the following prior appropriations acts:

Pub. L. 102–90, title III, §305, Aug. 14, 1991, 105 Stat. 466.

Pub. L. 101–520, title III, §305, Nov. 5, 1990, 104 Stat. 2276.

Pub. L. 101–163, title III, §305, Nov. 21, 1989, 103 Stat. 1063.

Pub. L. 100–458, title III, §305, Oct. 1, 1988, 102 Stat. 2182.

Pub. L. 100–202, §101(i) [title III, §305], Dec. 22, 1987, 101 Stat. 1329–290, 1329–308.

Pub. L. 99–500, §101(j) [H.R. 5203, title III, §305], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j) [H.R. 5203, title III, §305], Oct. 30, 1986, 100 Stat. 3341–287.

Restoration of West Central Front of United States Capitol; Appropriation of Funds; Consulting Architect

Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 335, which made supplemental appropriations for fiscal year ending Sept. 30, 1983, provided in part that: “Notwithstanding any other provision of law, to enable the Architect of the Capitol, under the direction of the Commission on the West Central Front of the United States Capitol, to restore the West Central Front of the United States Capitol (without change of location or change of the present architectural appearance thereof) in substantial accordance with the ‘Restoration of the West Central Facade’ report dated March 1978, ,000,000, to remain available until expended: Provided, That the Architect of the Capitol, under the direction of such Commission and without regard to the provisions of section 3709 of the Revised Statutes, as amended [41 U.S.C. 5], is authorized and directed to enter into such contracts, incur such obligations, and make such expenditures for personal and other services and other expenses as may be necessary to carry out this paragraph: Provided further, That any general construction contracts entered into under authority of this paragraph shall be for a firm fixed price, supported by standard performance and payment bonds, and shall be awarded competitively among selected responsible general contractors approved by such Commission and upon the approval by such Commission of the amount of the firm fixed price contracts: Provided further, That, the Commission on the West Central Front of the United States Capitol shall appoint, from among private individuals who are qualified, by reason of education, training, and experience, a consulting architect who shall assist the Commission in directing the Architect of the Capitol with respect to the restoration of the West Central Front of the United States Capitol: Provided further, That the Architect of the Capitol shall keep the consulting architect appointed under this paragraph fully and currently informed of the progress of the restoration of the West Central Front of the United States Capitol: Provided further, That the consulting architect for the restoration of the West Central Front of the United States Capitol appointed under this paragraph shall be paid for his services (out of the sum appropriated by this paragraph) at such rate of pay as the Commission considers appropriate, but not exceeding a rate equal to the daily equivalent of the rate of basic pay payable for grade GS–18 under the General Schedule under section 5332 of title 5, United States Code.”

Study and Report on Utilization of Space in United States Capitol and House and Senate Office Buildings and Annexes; Drawings and Specifications for Restoration and Extension of West Central Front of United States Capitol; Funding, Etc.

Pub. L. 95–94, title III, §301, Aug. 5, 1977, 91 Stat. 681, provided that: “The Architect of the Capitol is authorized and directed (1) to conduct a study of the utilization of space in the United States Capitol for the purpose of recommending and reporting to the Speaker of the House of Representatives and the President of the Senate and to the Committees on Appropriations of both Houses, and the Senate Committee on Rules and Administration, those offices which, by virtue of the functions performed therein, should be located in the Capitol and those offices which could be relocated to the House and Senate Office Buildings and Annexes; (2) to prepare drawings and specifications for restoration of the West Central Front of the United States Capitol in accordance with each of the various plans and alternatives proposed to the Committees on Appropriations during hearings on Legislative Branch Appropriations for 1978; and (3) to prepare drawings and specifications for extension of the West Central Front of the United States Capitol in accordance with the modified plan for extension of the West Central Front approved by the Commission for Extension of the United States Capitol on April 7, 1977; the drawings and specifications to be prepared in such detail as will enable the cost of such restoration proposals and extension proposal to be ascertained. The unexpended balance of appropriations heretofore appropriated under the heading, ‘Extension of the Capitol’ shall be transferred immediately upon approval of this Act to a Commission on the West Central Front of the United States Capitol which shall be composed of the following: The Vice President of the United States, who shall be the Chairman, the Speaker of the House of Representatives, the Majority and Minority Leaders of the House of Representatives, and the Majority and Minority Leaders of the Senate. Such unexpended balances shall be available for (1) the conduct of such study and (2) the preparation of such drawings and specifications under the direction of the Commission on the West Central Front of the United States Capitol. The drawings and specifications shall be completed by March 1, 1978, and submitted for the approval of the Committees on Appropriations of the Senate and House of Representatives and the Commission on the West Central Front of the United States Capitol prior to the issuance of invitations to bid on the restoration or extension of the West Central Front of the United States Capitol.”

Preliminary Design Sketches of Murals for House Wing of United States Capitol as Gift From United States Capitol Historical Society; Funds for Designs; Employment of Artist; Contract Authority; Funds Available Until Expended

Pub. L. 94–497, Oct. 14, 1976, 90 Stat. 2377, provided: “That, notwithstanding any other provision of law, the Joint Committee on the Library is authorized to accept, on behalf of the Congress, as a gift from the United States Capitol Historical Society, preliminary design sketches intended as a basic design for murals proposed to be painted on the ceiling and walls of the first floor corridors in the House wing of the United States Capitol.

“Sec. 2. Notwithstanding any other provision of law, the Architect of the Capitol is authorized—

“(1) to accept in the name of the United States, from the United States Capitol Historical Society, such sum or sums as such society may tender in full payment thereof, and such sum or sums, when so received, shall be credited to the appropriation account ‘Capitol Buildings, Architect of the Capitol’, and

“(2) subject to section 3 of this joint resolution, to expend such sum or sums for the employment, by contract, of an artist or artists, for the execution of mural decorations on the ceiling and walls of the first floor corridor in the House wing of the United States Capitol in substantial accordance with the preliminary design sketches referred to in the first section of the joint resolution, after the acceptance by the Joint Committee on the Library, and for all other necessary items in connection therewith, subject to such modifications thereof as may be approved by such joint committee.

“Sec. 3. The Architect of the Capitol, under the direction of the Speaker of the House of Representatives, is authorized to enter into contracts and to incur such other obligations and make such expenditures, as may be necessary to carry out the purposes of the joint resolution.

“Sec. 4. Sums received under the joint resolution, when credited to the appropriation account ‘Capitol Buildings, Architect of the Capitol’, shall be expended and shall remain available until expended. Any net monetary amounts remaining after the completion of the project authorized by the joint resolution, and in excess of the cost of such project, shall be returned to the United States Capitol Historical Society.”

Remodeling of Caucus Rooms and Restaurants

Act Aug. 2, 1946, ch. 753, §241, 60 Stat. 838, authorized the Architect of the Capitol to prepare plans for the remodeling and improvement of the caucus rooms of the Senate and House Office Buildings and Restaurants in the Senate and House and directed him to submit said plans at the earliest practicable date.

Section 241 of act Aug. 2, 1946, was made effective Aug. 2, 1946 by section 245 of said act.

Extension, Reconstruction, and Replacement of Central Portion of the United States Capitol

Act Aug. 5, 1955, ch. 568, §101, 69 Stat. 515, as amended by Pub. L. 91–77, Sept. 29, 1969, 83 Stat. 124, provided in part that: “The Architect of the Capitol is hereby authorized, under the direction of a Commission for Extension of the United States Capitol, to be composed of the President of the Senate, the Speaker of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, and the Architect of the Capitol, to provide for the extension, reconstruction, and replacement of the central portion of the United States Capitol in substantial accordance with scheme B of the architectural plan submitted by a joint commission of Congress and reported to Congress on March 3, 1905 (House Document numbered 385, Fifty-eighth Congress), but with such modifications and additions, including provisions for restaurant facilities, and such other facilities in the Capitol Grounds, together with utilities, equipment, approaches, and other appurtenant or necessary items, as may be approved by said Commission.”

Gallery Facilities in House Chamber: Modernization and Improvement; Appointment and Termination of Special Commission; Program Formulation, Development, and Implementation; Completion Date; Contract Authority; Appropriations

Pub. L. 91–510, title IV, §499, Oct. 26, 1970, 84 Stat. 1200, provided that:

“(a) The Speaker of the House of Representatives shall appoint a special commission of the House, to be designated the ‘Special Commission on Modernization of House Gallery Facilities’, composed of five Members of the House, three from the majority party and two from the minority party. The Speaker shall designate as chairman of the commission one of the Members so appointed. A vacancy in the membership of the commission shall be filled in the same manner as the original appointment. The commission shall conduct a study of the structure and uses of the gallery facilities in the Chamber of the House of Representatives and shall formulate and develop a program for the modernization and improvement of the House gallery facilities in order to improve the physical conditions under which the proceedings on the floor of the House are conducted and to provide for spectators in the House galleries modernized and improved accommodations for their enlightenment, information, and understanding with respect to the proceedings on the floor of the House and the role of the House generally in the legislative branch of the Government. Any such program formulated and developed by the commission shall provide for—

“(1) the enclosure of the galleries with soundproof and transparent coverage in such manner as to preserve the visibility from the galleries of proceedings on the House floor and eliminate the audibility on the House floor of noise in the galleries;

“(2) the installation of facilities and devices which will permit the proceedings on the floor of the House to be heard by spectators in the galleries, together with facilities and devices by which appropriate comments and explanations may be made to spectators in the galleries with respect to the proceedings on the House floor; and

“(3) such other items or features of modernization and improvement of the House galleries as may be directed by the commission, including items and features of modernization designed to provide for and facilitate the consultation of legislative materials and the taking of written notes by visitors to the House galleries, under such regulations as the Speaker may from time to time prescribe, without any distraction to or disturbance of the conduct of proceedings on the floor of the House.

“(b) At the request of the commission, the Architect of the Capitol shall provide advice, counsel, and assistance to the commission in the conduct of its study.

“(c) Such study shall be completed not later than the close of the first session of the Ninety-second Congress.

“(d) After the completion of such study, the commission through the Architect of the Capitol, subject to the availability of appropriations for such purpose, shall put the program for the modernization and improvement of the galleries into effect. The Architect of the Capitol may procure or make such plans, enter into such contracts, employ such personnel, and take such other actions and make such expenditures, as may be necessary to complete such program of modernization and improvement of the House galleries. In all matters connected with such program, the Architect shall be subject to the supervision, direction, and control of the commission.

“(e) The commission shall cease to exist when the Speaker determines that the program for modernization and improvement of the galleries has been completed.

“(f) There are hereby authorized to be appropriated, to remain available until expended, such sums as may be necessary to carry out the provisions of this section.”

Section 499 of Pub. L. 91–510 effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress.

Cross References

Changes in architectural features of the Capitol Building or in landscape features of Capitol grounds, see section 162 of this title.