
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC174k]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
                 CHAPTER 2--CAPITOL BUILDING AND GROUNDS
 
Sec. 174k. House of Representatives restaurant, cafeteria, and 
        food services
        

(a) Management and duties

    Notwithstanding any other authority with respect to the jurisdiction 
and control over the management of the House Restaurant and the 
cafeteria and other food service facilities of the House of 
Representatives, the jurisdiction over such restaurant and facilities 
and authority over the direction and supervision of the immediate 
management and operation thereof shall be vested in the Committee on 
House Oversight; and the immediate management and operation of such 
restaurant and facilities may be vested in such official or other 
authority, acting as the agent of the committee, as the committee may 
designate; and the official or authority so designated shall perform the 
duties vested in the Architect of the Capitol by section 208 \1\ of the 
First Supplemental Civil Functions Appropriation Act, 1941 (54 Stat. 
1056; Public, No. 812, Seventy-sixth Congress).
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(b) Transfer of accounts, records, supplies, equipment, and assets

    The Architect of the Capitol is hereby authorized and directed to 
transfer, as the Committee on House Oversight directs, all accounts, 
records, supplies, equipment, and assets of the House Restaurant and the 
cafeteria and other food service facilities of the House which are in 
the possession or under the control of the Architect of the Capitol in 
order that all such items may be available for the maintenance and 
operation of the House Restaurant under the authority of, and as 
directed by, the Committee on House Oversight.

(c) Special deposit account

    All authority, responsibility, and functions vested in or imposed 
upon the Architect of the Capitol in connection with the special deposit 
account established by section 208 \1\ of the First Supplemental Civil 
Functions Appropriation Act, 1941, shall be vested in or imposed upon 
such other official, authority, or authorities as the Committee on House 
Oversight may designate.

(d) Effective date

    The provisions of this section shall become effective on the first 
day of the first calendar month beginning after the date of adoption of 
this resolution, until otherwise provided by law.

(Pub. L. 92-51, July 9, 1971, 85 Stat. 133; Pub. L. 104-186, title II, 
Sec. 221(3)(A), Aug. 20, 1996, 110 Stat. 1748.)

                       References in Text

    Section 208 of the First Supplemental Civil Functions Appropriation 
Act, 1941, referred to in subsecs. (a) and (c), is section 208 of act 
Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was formerly 
classified to this section, and was repealed by Pub. L. 104-186, title 
II, Sec. 221(3)(B), Aug. 20, 1996, 110 Stat. 1748. See Prior Provisions 
note below.
    The first day of the first calendar month beginning after the date 
of adoption of this resolution, referred to in subsec. (d), is April 1, 
1971.

                          Codification

    Section is based on section 2 of House Resolution No. 317, Ninety-
second Congress, Mar. 25, 1971, which was enacted into permanent law by 
Pub. L. 92-51.


                            Prior Provisions

    A prior section 174k, act Oct. 9, 1940, ch. 780, title II, Sec. 208, 
54 Stat. 1056, which provided that the House Restaurant was to be 
managed under the direction of the Architect of the Capitol, was 
classified to this section and was repealed by Pub. L. 104-186, title 
II, Sec. 221(3)(B), Aug. 20, 1996, 110 Stat. 1748.


                               Amendments

    1996--Subsecs. (a) to (c). Pub. L. 104-186 substituted ``House 
Oversight'' for ``House Administration'' wherever appearing.

                         Change of Name

    Committee on House Oversight of House of Representatives changed to 
Committee on House Administration of House of Representatives by House 
Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.


             Special Deposit Account From Vending Operations

    Pub. L. 104-53, title I, Sec. 107A, Nov. 19, 1995, 109 Stat. 522, as 
amended by Pub. L. 104-197, title I, Sec. 101(a), Sept. 16, 1996, 110 
Stat. 2400, provided that:
    ``(a) Subject to the direction of the Committee on House Oversight 
of the House of Representatives, the amounts deposited in the account 
specified in subsection (b) from vending operations of the House of 
Representatives Restaurant System shall be available to pay the cost of 
goods sold for such operations.
    ``(b) The account referred to in subsection (a) is the special 
deposit account established for the House of Representatives Restaurant 
by section 208 of the First Supplemental Civil Functions Appropriation 
Act, 1941 (40 U.S.C. 174k note).''
    [Pub. L. 104-197, title I, Sec. 101(b), Sept. 16, 1996, 110 Stat. 
2401, provided that: ``The amendments made by subsection (a) [amending 
section 107A of Pub. L. 104-53, set out above] shall apply with respect 
to fiscal years beginning after September 30, 1996.'']


   Transfer of Food Service Operations; Election by Certain Affected 
     Employees; Disability and Retirement Benefits; Promulgation of 
                               Regulations

    Pub. L. 99-500, Sec. 111, Oct. 18, 1986, 100 Stat. 1783-348, and 
Pub. L. 99-591, Sec. 111, Oct. 30, 1986, 100 Stat. 3341-348, provided 
that:
    ``(a) Any individual who--
        ``(1) on the day before the date on which food services 
    operations for the House of Representatives are transferred by 
    contract to a corporation or other person--
            ``(A) is a congressional employee (as defined in section 
        2107 of title 5, United States Code), other than an employee of 
        the Architect of the Capitol, engaged in providing such food 
        services under the administrative control of the Architect of 
        the Capitol; and
            ``(B) is subject to subchapter III of chapter 83 of title 5, 
        United States Code, or chapter 84 of such title;
        ``(2) as a result of such contract, ceases to be an employee 
    described in paragraph (1); and
        ``(3) becomes employed to provide such food services under 
    contract, including a successor contract;
may, for purposes of the provisions of law specified in subsection (b), 
elect to be treated, for so long as such individual continues to be 
employed (without a break in service) as described in paragraph (3), as 
if such individual had not ceased to be an employee described in 
paragraph (1). Such election shall be made on or before the day referred 
to in paragraph (1) and shall be available only to an individual whose 
transition from the employment described in paragraph (1) to the 
employment described in paragraph (3) takes place without a break in 
service.
    ``(b) The provisions of law referred to in subsection (a) are--
        ``(1) subchapter III of chapter 83 of title 5, United States 
    Code (including section 8339(m) of such title (which shall be 
    applied, when an employee retires on an immediate annuity or dies, 
    as if the employment at the time of retirement or death were under a 
    formal leave system), with respect to unused sick leave to the 
    credit of an employee on the day referred to in subsection (a)(1));
        ``(2) chapter 84 of title 5, United States Code; and
        ``(3) title III of the Federal Employees' Retirement System Act 
    of 1986 [sections 301 to 312 of Pub. L. 99-335, see Tables for 
    classification].
    ``(c)(1) At the earliest practicable opportunity, the Director of 
the Office of Personnel Management shall, in consultation with the 
Architect of the Capitol, prescribe regulations to carry out this 
section with respect to matters within the jurisdiction of the Office, 
including regulations under which--
        ``(A) an individual who makes an election under subsection (a) 
    shall pay into the Civil Service Retirement and Disability Fund any 
    employee contributions which would be required if such individual 
    were a Congressional employee; and
        ``(B) the employer furnishing food services under a contract 
    referred to in subsection (a) shall pay into the Civil Service 
    Retirement and Disability Fund amounts equal to any agency 
    contributions which would be required if the individual were a 
    Congressional employee.
    ``(2) At the earliest practicable opportunity, the Executive 
Director of the Federal Retirement Thrift Investment Board shall, in 
consultation with the Architect of the Capitol, prescribe regulations to 
carry out this section with respect to matters within the jurisdiction 
of the Board.''

                  Section Referred to in Other Sections

    This section is referred to in section 166b-1f of this title; title 
5 section 5533.
