
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC166]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
                 CHAPTER 2--CAPITOL BUILDING AND GROUNDS
 
Sec. 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. Sec. 1816; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 
124, 41 Stat. 1291; Oct. 31, 1951, ch. 654, Sec. 3(15), 65 Stat. 708.)

                          Codification

    R.S. Sec. 1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat. 
617; acts Mar. 30, 1867, ch. 24, Sec. 2, 15 Stat. 13; July 20, 1868, ch. 
177, Sec. 1, 15 Stat. 115; Mar. 3, 1869, ch. 121, Sec. 1, 15 Stat. 283, 
284; Mar. 3, 1871, ch. 114, Sec. 1, 16 Stat. 500; Aug. 15, 1876, ch. 
287, 19 Stat. 147.
    Provision of R.S. Sec. 1816 relating to purchase of furniture or 
carpets for House or Senate is classified to section 170 of this title.


                               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, Sec. 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, Sec. 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, Sec. 306, Nov. 21, 1989, 103 Stat. 1064.
    Pub. L. 100-458, title III, Sec. 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, Sec. 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 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, Sec. 305, Aug. 14, 1991, 105 Stat. 466.
    Pub. L. 101-520, title III, Sec. 305, Nov. 5, 1990, 104 Stat. 2276.
    Pub. L. 101-163, title III, Sec. 305, Nov. 21, 1989, 103 Stat. 1063.
    Pub. L. 100-458, title III, Sec. 305, Oct. 1, 1988, 102 Stat. 2182.
    Pub. L. 100-202, Sec. 101(i) [title III, Sec. 305], Dec. 22, 1987, 
101 Stat. 1329-290, 1329-308.
    Pub. L. 99-500, Sec. 101(j) [H.R. 5203, title III, Sec. 305], Oct. 
18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j) [H.R. 
5203, title III, Sec. 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, $49,000,000, 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.
