SUBCHAPTER I—GENERAL
§1801. Repealed. Pub. L. 118–31, div. E, title LVII, §5702(d)(1), Dec. 22, 2023, 137 Stat. 960
Section,
Editorial Notes
Codification
Section was classified to section 162–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Prior Provisions
Act Aug. 15, 1876, ch. 287,
Act Mar. 2, 1867, ch. 167, §2,
Act Sept. 30, 1850, ch. 90, §1,
Act Mar. 3, 1829, ch. 51, §2,
Act May 2, 1828, ch. 45, §3,
Statutory Notes and Related Subsidiaries
Change of Name
The name of Superintendent of the Capitol Building and Grounds was changed to Architect of the Capitol by Act Mar. 3, 1921, ch. 124,
The name of Architect of the Capitol was changed to Superintendent of the Capitol Building and Grounds, by act Feb. 14, 1902, ch. 17,
Effective Date of Repeal
Repeal applicable with respect to appointments made on or after Dec. 22, 2023, see
Short Title of 2023 Amendment
Short Title of 2016 Amendment
Comprehensive Management Study and Response
Accounting and Financial Management System
§1801a. Appointment and term of service of Architect of the Capitol
(a) Appointment
The Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the "commission") consisting of the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate.
(b) Term of service
The Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms.
(c) Removal
The Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission.
(d) Omitted
(e) Effective date
This section, and the amendments made by this section, shall apply with respect to appointments made on or after December 22, 2023.
(
Editorial Notes
References in Text
For the amendments made by this section, referred to in subsec. (e), see Codification note below.
Codification
Section is comprised of section 5702 of
§1802. Compensation
The compensation of the Architect of the Capitol shall be at an annual rate which is equal to the annual rate of basic pay for level II of the Executive Schedule under
(
Editorial Notes
Codification
Section was classified to section 162a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Prior Provisions
Prior provisions prescribing the annual rate of compensation of the Architect of the Capitol were contained in the following prior sections 162a of former Title 40, Public Buildings, Property, and Works:
Acts Oct. 15, 1949, ch. 695, §5(a),
Amendments
2022—
2019—
2001—
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Effective Date of 2019 Amendment
Amendment by
Effective Date of 2001 Amendment
Effective Date
Salary Increases
1987—Salary of Architect increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under
1977—Salary of Architect increased to $50,000 per annum, on recommendation of the President of the United States, see note set out under
1969—Salary of Architect increased to $38,000 per annum, on recommendation of the President of the United States, see note set out under
§1803. Delegation of authority
The Architect of the Capitol may delegate the duties and authorities of the Architect to officers and employees of the Office of the Architect of the Capitol, as the Architect determines appropriate.
(Aug. 5, 1955, ch. 568,
Editorial Notes
Codification
Section was classified to section 163b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is from the Legislative Branch Appropriation Act, 1956.
Amendments
2020—
2003—
§1804. Repealed. Pub. L. 118–31, div. E, title LVII, §5704(d), Dec. 22, 2023, 137 Stat. 962
Section,
Editorial Notes
Codification
Section was classified to section 164a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation acts:
June 27, 1956, ch. 453,
Aug. 5, 1955, ch. 568,
July 2, 1954, ch. 455, title I,
Aug. 1, 1953, ch. 304, title I,
July 9, 1952, ch. 598,
Oct. 11, 1951, ch. 485,
Sept. 6, 1950, ch. 896, Ch. II,
June 22, 1949, ch. 235,
June 14, 1948, ch. 467,
July 17, 1947, ch. 262,
July 1, 1946, ch. 530,
May 18, 1946, ch. 263, title I,
June 13, 1945, ch. 189,
June 26, 1944, ch. 277, title I,
June 28, 1943, ch. 173, title I,
June 8, 1942, ch. 396,
July 1, 1941, ch. 268,
June 18, 1940, ch. 396,
June 16, 1939, ch. 208,
May 17, 1938, ch. 236,
May 18, 1937, ch. 223,
Apr. 17, 1936, ch. 233,
July 8, 1935, ch. 374,
May 30, 1934, ch. 372,
Feb. 28, 1933, ch. 134,
June 30, 1932, ch. 314,
Feb. 20, 1931, ch. 234,
June 6, 1930, ch. 407,
§1805. Deputy Architect of the Capitol
(a) Establishment of Deputy Architect of the Capitol
The Architect of the Capitol (in this section referred to as the "Architect") shall appoint a suitable individual to be the Deputy Architect of the Capitol (in this section referred to as the "Deputy Architect"). The Architect may delegate to the Deputy Architect such duties as the Architect determines are necessary or appropriate.
(b) Deadline
The Architect shall appoint a Deputy Architect under subsection (a) not later than 120 days after—
(1) the date on which the Architect is appointed under
(2) the date on which a vacancy arises in the office of the Deputy Architect.
(c) Compensation
The Deputy Architect shall be paid at an annual rate of pay to be determined by the Architect but not to exceed $1,500 less than the annual rate of pay for the Architect.
(d) Failure to appoint
If the Architect does not appoint a Deputy Architect on or before the applicable date specified in subsection (b), the congressional commission described in
(e) Notification
If the position of Deputy Architect becomes vacant, the Architect shall immediately notify the members of the congressional commission described in
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of
Amendments
2023—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
2020—
Subsec. (a).
Subsecs. (b) to (h).
Subsecs. (i), (j).
2010—Subsec. (e)(3).
2004—Subsecs. (f), (j).
2003—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Effective Date of 2003 Amendment
§1805a. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy
(a) In general
The Deputy Architect of the Capitol (in this section referred to as the "Deputy Architect") shall act as Architect of the Capitol (in this section referred to as the "Architect") if the Architect is absent or disabled or there is no Architect.
(b) Absence, disability, or vacancy in Office of Deputy Architect
For purposes of subsection (a), if the Deputy Architect is also absent or disabled or there is no Deputy Architect, the congressional commission described in
(1) the end of the absence or disability of the Architect or the Deputy Architect; or
(2) in the case of vacancies in both positions, an Architect has been appointed under
(c) Authority
An officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with
(
Editorial Notes
Codification
Section is comprised of section 5704 of
§1806. Repealed. Pub. L. 110–437, title II, §202(e)(2), Oct. 20, 2008, 122 Stat. 4987
Section,
§1807. Repealed. Pub. L. 110–437, title II, §204(b)(2), Oct. 20, 2008, 122 Stat. 4988
Section,
§1808. Inspector General of the Architect of the Capitol
(a) Short title
This section may be cited as the "Architect of the Capitol Inspector General Act of 2007".
(b) Office of Inspector General
There is an Office of Inspector General within the Office of the Architect of the Capitol which is an independent objective office to—
(1) conduct and supervise audits and investigations relating to the Architect of the Capitol;
(2) provide leadership and coordination and recommend policies to promote economy, efficiency, and effectiveness; and
(3) provide a means of keeping the Architect of the Capitol and the Congress fully and currently informed about problems and deficiencies relating to the administration of programs and operations of the Architect of the Capitol.
(c) Appointment of Inspector General; supervision; removal; pay; limits on bonuses; counsel
(1) Appointment and supervision
(A) In general
There shall be at the head of the Office of Inspector General, an Inspector General who shall be appointed by the Architect of the Capitol, in consultation with the Inspectors General of the Library of Congress, Government Publishing Office, Government Accountability Office, and United States Capitol Police. The appointment shall be made without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Inspector General shall report to, and be under the general supervision of, the Architect of the Capitol.
(B) Audits, investigations, reports, and other duties and responsibilities
The Architect of the Capitol shall have no authority to prevent or prohibit the Inspector General from—
(i) initiating, carrying out, or completing any audit or investigation;
(ii) issuing any subpoena during the course of any audit or investigation;
(iii) issuing any report; or
(iv) carrying out any other duty or responsibility of the Inspector General under this section.
(2) Removal or transfer
(A) In general
The Inspector General may be removed from office, or transferred to another position within, or another location of, the Office of the Architect of the Capitol, by the Architect of the Capitol.
(B) Notice
Not later than 30 days before the Architect of the Capitol removes or transfers the Inspector General under subparagraph (A), the Architect of the Capitol shall communicate in writing the reason for the removal or transfer to—
(i) the Committee on House Administration and the Committee on Appropriations of the House of Representatives; and
(ii) the Committee on Rules and Administration and the Committee on Appropriations of the Senate.
(C) Applicability
Nothing in this paragraph shall prohibit a personnel action (except for removal or transfer) that is otherwise authorized by law.
(3) Compensation
The Inspector General shall be paid at an annual rate of pay equal to $1,500 less than the annual rate of pay of the Architect of the Capitol.
(4) No bonuses
The Inspector General may not receive any cash award or cash bonus, including a cash award under
(5) Counsel
The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Office of the Architect of the Capitol, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.
(d) Duties, responsibilities, authority, and reports
(1) In general
Sections 404, 405 (other than subsections (b)(13) and (f)(1)(B) thereof), 406 (other than subsection (a)(7) and (8) thereof), and 407 of title 5 shall apply to the Inspector General of the Architect of the Capitol and the Office of such Inspector General and such sections shall be applied to the Office of the Architect of the Capitol and the Architect of the Capitol by substituting—
(A) "Office of the Architect of the Capitol" for "establishment"; and
(B) "Architect of the Capitol" for "head of the establishment".
(2) Employees
(A) In general
The Inspector General, in carrying out this section, is authorized, without the supervision or approval of any other employee, office, or other entity within the Office of the Architect of the Capitol, to select, appoint, and employ such officers and employees (including consultants) as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General subject to the provisions of law governing selections, appointments, and employment in the Office of the Architect of the Capitol.
(B) Security and suitability
Appointments under the authority under subparagraph (A) shall be made consistent with personnel security and suitability requirements.
(C) Consultants
Any appointment of a consultant under the authority under subparagraph (A) shall be made consistent with section 6(a)(8) of the Inspector General Act of 1978 (5 U.S.C. App.).1
(3) Law enforcement authority
(A) In general
Subject to subparagraph (B), any supervisory special agent under the Inspector General and any special agent supervised by such a supervisory special agent is authorized to—
(i) make an arrest without a warrant while engaged in official duties as authorized under this section or any other statute for any offense against the United States committed in the presence of such supervisory special agent or special agent, or for any felony cognizable under the laws of the United States if such supervisory special agent or special agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony;
(ii) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed; and
(iii) carry a firearm while engaged in official duties as authorized under this section or any other statute.
(B) Requirements to exercise authority
(i) Required certification
(I) In general
In order to exercise the authority under subparagraph (A), a supervisory special agent or a special agent supervised by such a supervisory special agent shall certify that he or she—
(aa) is a citizen of the United States;
(bb) has successfully completed a basic law enforcement training program or military or other equivalent; and
(cc) is not prohibited from receiving a firearm under Federal law, including under
(II) Additional requirements
After providing notice to the appropriate committees of Congress, the Inspector General may add requirements to the certification required under subclause (I), as determined appropriate by the Inspector General.
(ii) Maintenance of requirements
The Inspector General shall maintain firearms-related requirements (including quarterly firearms qualifications) and use of force training requirements that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in accordance with the Council of the Inspectors General on Integrity and Efficiency use of force policies, which incorporate Department of Justice guidelines.
(iii) Eligibility determination
(I) In general
The Inspector General shall—
(aa) determine whether an individual meets the requirements under this paragraph; and
(bb) revoke any authority granted to an individual under subparagraph (A) if the individual is not in compliance with the requirements of this paragraph.
(II) Reauthorization
The Inspector General may reauthorize an individual to exercise the authority granted under subparagraph (A) if the Inspector General determines the individual has achieved compliance with the requirements under this paragraph.
(III) Limitation on appeal
A revocation of the authority granted under subparagraph (A) shall not be subject to administrative, judicial, or other review, unless the revocation results in an adverse action. Such an adverse action may, at the election of the applicable individual, be reviewed in accordance with the otherwise applicable procedures.
(C) Semiannual certification of program
(i) In general
Before the first grant of authority under subparagraph (A), and semiannually thereafter as part of the report under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.),1 the Inspector General shall submit to the appropriate committees of Congress a written certification that adequate internal safeguards and management procedures exist that, except to the extent the Inspector General determines necessary to effectively carry out the duties of the Office of the Inspector General, are in compliance with standards established by the Council of the Inspectors General on Integrity and Efficiency, which incorporate Department of Justice guidelines, to ensure proper exercise of the powers authorized under this paragraph.
(ii) Suspension of authority
The authority granted under this paragraph (including any grant of authority to an individual under subparagraph (A), without regard to whether the individual is in compliance with subparagraph (B)) may be suspended by the Inspector General if the Office of Inspector General fails to comply with the reporting and review requirements under clause (i) of this subparagraph or subparagraph (D). Any suspension of authority under this clause shall be reported to the appropriate committees of Congress.
(D) Peer review
To ensure the proper exercise of the law enforcement powers authorized under this paragraph, the Office of Inspector General shall submit to and participate in the external review process established by the Council of the Inspectors General on Integrity and Efficiency for ensuring that adequate internal safeguards and management procedures continue to exist. Under the review process, the exercise of the law enforcement powers by the Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the Inspector General, the Council of the Inspectors General on Integrity and Efficiency, and the appropriate committees of Congress.
(E) Alleged misconduct
Any allegation of misconduct by an individual granted authority under subparagraph (A) may be reviewed by the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.
(F) Appropriate committees of Congress
In this paragraph, the term "appropriate committees of Congress" means—
(i) the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and
(ii) the Committee on House Administration and the Committee on Appropriations of the House of Representatives.
(4) Budget independence
The Architect of the Capitol shall include the annual budget request of the Inspector General in the budget of the Office of the Architect of the Capitol without change.
(e) Transfers
All functions, personnel, and budget resources of the Office of the Inspector General of the Architect of the Capitol as in effect before the effective date of this section are transferred to the Office of Inspector General described under subsection (b).
(f) References
References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Inspector General of the Architect of the Capitol shall be deemed to refer to the Inspector General as set forth under this section.
(g) First appointment
By the date occurring 180 days after December 26, 2007, the Architect of the Capitol shall appoint an individual to the position of Inspector General of the Architect of the Capitol described under subparagraph (A) of subsection (c)(1) in accordance with that subparagraph.
(h) Effective date
(1) In general
Except as provided under paragraph (2), this section shall take effect 180 days after December 26, 2007, and apply with respect to fiscal year 2008 and each fiscal year thereafter.
(2) First appointment
Subsection (g) shall take effect on December 26, 2007, and the Architect of the Capitol shall take such actions as necessary after December 26, 2007, to carry out that subsection.
(
Editorial Notes
References in Text
Sections 5 and 6(a)(8) of the Inspector General Act of 1978, referred to in subsec. (d)(2)(C), (3)(C)(i), are sections 5 and 6(a)(8) of
Codification
Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
Amendments
2022—Subsec. (d)(1).
2019—Subsec. (c).
Subsec. (c)(2).
Subsec. (c)(4), (5).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (c)(1)(A) on authority of section 1301(b) of