2 USC CHAPTER 28, SUBCHAPTER IV: APPROPRIATIONS AND EXPENDITURES

From Title 2—THE CONGRESSCHAPTER 28—ARCHITECT OF THE CAPITOL

SUBCHAPTER IV—APPROPRIATIONS AND EXPENDITURES

§1861. Appropriations under control of Architect of the Capitol

Appropriations under the control of the Architect of the Capitol shall be available for expenses of advertising and personal and other services.

(Feb. 28, 1929, ch. 367, 45 Stat. 1395; June 6, 1930, ch. 407, 46 Stat. 513.)

Editorial Notes

Codification

Section was classified to section 689 of former Title 31, prior to the enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877, and then to section 166a–1 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 consolidates provisions from the Legislative Branch Appropriation Acts for fiscal years 1930 and 1931.

§1862. Transfer of funds

During fiscal year 1997 and fiscal years thereafter, amounts appropriated to the Architect of the Capitol (including amounts relating to the Botanic Garden) may be transferred among accounts available to the Architect of the Capitol upon the approval of—

(1) the Committee on Appropriations of the House of Representatives, in the case of amounts transferred from the appropriation for Capitol buildings and grounds under the heading "house office buildings";

(2) the Committee on Appropriations of the Senate, in the case of amounts transferred from the appropriation for Capitol buildings and grounds under the heading "senate office buildings"; and

(3) the Committees on Appropriations of the Senate and the House of Representatives, in the case of amounts transferred from any other appropriation.

(Pub. L. 104–197, title III, §306, Sept. 16, 1996, 110 Stat. 2413.)

Editorial Notes

Codification

Section was classified to section 166h 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.

§1862a. Use of construction project funds to reimburse Capitol Police for related overtime costs

(a) Payment of overtime costs

The Architect of the Capitol shall transfer amounts made available for construction projects during a fiscal year to the applicable appropriations accounts of the United States Capitol Police in order to reimburse the Capitol Police for overtime costs incurred in connection with such projects.

(b) Effective date

This section shall apply with respect to fiscal year 2013 and each succeeding fiscal year.

(Pub. L. 112–74, div. G, title I, §1201, Dec. 23, 2011, 125 Stat. 1128.)

Editorial Notes

Codification

Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.

§1862b. Transfer of amounts appropriated for Architect of the Capitol under House Office Buildings

(a) During fiscal year 2019 and each succeeding fiscal year, amounts appropriated or otherwise made available for the Architect of the Capitol under the heading "House Office Buildings" may be transferred to the House of Representatives and merged with and made available under the heading "Allowances and Expenses", subject to the approval of the Committee on Appropriations of the House of Representatives.

(b) The period of availability of any amounts transferred to the House of Representatives under this section shall be the same period of availability applicable to such amounts as appropriated for the Architect of the Capitol.

(Pub. L. 116–6, div. H, title II, §204, Feb. 15, 2019, 133 Stat. 476.)

§1863. Funds out of Contingent Expenses, Architect of the Capitol Appropriation

Any expenditures required to implement the provisions of section 1818 of this title shall be paid from the appropriation "Contingent Expenses, Architect of the Capitol" and any funds appropriated under this head shall hereafter be available for such purpose.

(Pub. L. 93–180, §2, Dec. 13, 1973, 87 Stat. 705.)

Editorial Notes

Codification

Section was classified to section 166e 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.

§1864. Funds out of Capitol Buildings, Architect of the Capitol Appropriation

On and after October 18, 1986, the Architect of the Capitol may incur expenses authorized by section 1818 of this title to be paid from the appropriation "Capitol Buildings, Architect of the Capitol".

(Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287, as amended Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425.)

Editorial Notes

Codification

Section was classified to section 166f 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 the words "to hereafter incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704)" appearing under heading "Architect of the Capitol" and subheading "Capitol Buildings" contained in H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), as incorporated by reference in section 101(j) of Pub. L. 99–500 and Pub. L. 99–591, as amended by Pub. L. 100–71, to be effective as if enacted into law.

§1865. Capitol Police Buildings and Grounds Account

(a) Establishment

There is hereby established in the Treasury of the United States an account for the Architect of the Capitol to be known as "Capitol Police Buildings and Grounds" (hereinafter in this section referred to as the "account").

(b) Use of funds

Funds in the account shall be used by the Architect of the Capitol for all necessary expenses for—

(1) resilience and security programs of the Architect of the Capitol; and

(2) the maintenance, care, and operation of buildings, grounds, and security enhancements for facilities of the United States Capitol Police and for other facilities associated with such resilience and security programs at any location.

(c) Approval of transfers of appropriations from Legislative Branch agencies

(1) For carrying out the purposes of the account, the Architect of the Capitol may receive transfers of appropriations from any agency of the Legislative Branch upon the approval of—

(A) the Committee on Appropriations of the House of Representatives, in the case of a transfer from an office of the House of Representatives;

(B) the Committee on Appropriations of the Senate, in the case of a transfer from an office of the Senate; or

(C) the Committees on Appropriations of the House of Representatives and the Senate, in the case of a transfer from any other office of the Government.

(2) Amounts transferred under this subsection shall be merged with the account and made available under this section.

(3) This subsection shall apply with respect to fiscal year 2019 and each succeeding fiscal year.

(d) Effective date; transfer of funds

This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. Any amounts provided to the Architect of the Capitol prior to August 2, 2002, for the maintenance, care, and operation of buildings of the United States Capitol Police during fiscal year 2002 shall be transferred to the account.

(Pub. L. 107–206, title I, §906, Aug. 2, 2002, 116 Stat. 877; Pub. L. 115–244, div. B, title I, §132, Sept. 21, 2018, 132 Stat. 2936.)

Editorial Notes

Codification

Section was classified to section 166l 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.

Amendments

2018—Subsecs. (b) to (d). Pub. L. 115–244 added subsec. (c), redesignated former subsec. (c) as (d), and amended subsec. (b) generally. Prior to amendment, text of subsec. (b) read as follows: "Funds in the account shall be used by the Architect of the Capitol for all necessary expenses for the maintenance, care, and operation of buildings and grounds of the United States Capitol Police."

§1866. Certification of vouchers

It shall not be a duty of the Architect of the Capitol to certify any pay roll or other voucher covering any expenditure from any appropriation for the Senate Office Building, or for any other building or activity, unless the obligation involved was incurred by him or under his direction.

(June 8, 1942, ch. 396, 56 Stat. 343.)

Editorial Notes

Codification

Section was classified to section 174e 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.

§1867. Advancement and reimbursement of expenses for flying American flags and providing certification services therefor

On and after November 19, 1995, expenses, based on full cost recovery, for flying American flags and providing certification services therefor shall be advanced or reimbursed upon request of the Architect of the Capitol, and amounts so received shall be deposited into the Treasury.

(Pub. L. 104–53, title I, Nov. 19, 1995, 109 Stat. 528.)

Editorial Notes

Codification

Section was classified to section 166g 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.

Statutory Notes and Related Subsidiaries

Flag Office Revolving Fund

Pub. L. 115–31, div. I, title I, §1203, May 5, 2017, 131 Stat. 581, provided that:

"(a) Establishment.—There is established in the Treasury of the United States a revolving fund to be known as the 'Flag Office Revolving Fund' (in this section referred to as the 'Fund') for services provided by the Flag Office of the Architect of the Capitol (in this section referred to as the 'Flag Office').

"(b) Deposit of Fees.—The Architect of the Capitol shall deposit any fees charged for services described in subsection (a) into the Fund.

"(c) Contents of Fund.—The Fund shall consist of the following amounts:

"(1) Amounts deposited by the Architect of the Capitol under subsection (b).

"(2) Any other amounts received by the Architect of the Capitol which are attributable to services provided by the Flag Office.

"(3) Such other amounts as may be appropriated under law.

"(d) Use of Amounts in Fund.—Amounts in the Fund shall be available for disbursement by the Architect of the Capitol, without fiscal year limitation, for expenses in connection with the services provided by the Flag Office, including—

"(1) supplies, inventories, equipment, and other expenses;

"(2) the reimbursement of any applicable appropriations account for amounts used from such appropriations account to pay the salaries of employees of the Flag Office; and

"(3) amounts necessary to carry out the authorized levels in the Fallen Heroes Flag Act of 2016 [2 U.S.C. 1881 et seq.]."

§1868. Semiannual compilation and report of expenditures

(1) Commencing with the semiannual period beginning January 1, 1965 and for each semiannual period thereafter, the Architect of the Capitol shall compile and, not later than sixty days following the close of the semiannual period, submit to the Senate and the House of Representatives a report of all expenditures made from monies appropriated to the Architect of the Capitol, based on payrolls and other vouchers transmitted during such period to the Treasury Department for disbursement, such report to include (1) the name, title, and gross salary payment to each employee; (2) a list of government contributions to retirement, health, insurance, and other similar funds; and (3) name of payee, brief description of service rendered or items furnished under contract, purchase order or other agreement. Such report shall be printed as a Senate document.

(2) The report by the Architect of the Capitol under paragraph (1) for the semiannual period beginning on January 1, 1976, shall include the period beginning on July 1, 1976, and ending on September 30, 1976, and such semiannual period shall be treated as closing on September 30, 1976. Thereafter, the report by the Architect of the Capitol under paragraph (1) shall be for the semiannual periods beginning on October 1 and ending on March 31 and beginning on April 1 and ending on September 30 of each year.

(Pub. L. 88–454, §105(b), Aug. 20, 1964, 78 Stat. 551; Pub. L. 94–303, title I, §118(c), June 1, 1976, 90 Stat. 616.)

Editorial Notes

Codification

Section was classified to section 162b 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.

Amendments

1976—Pub. L. 94–303 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in par. (1) of this section relating to the requirement that the Architect of the Capitol submit a semiannual report to the Senate and the House of Representatives, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 1 of House Document No. 103–7.

§1868a. Semiannual report of disbursements

(a) Reports required

Not later than 60 days after the last day of each semiannual period, the Architect of the Capitol shall submit to Congress, with respect to that period, a detailed, itemized report of the disbursements for the operations of the Office of the Architect of the Capitol.

(b) Contents

The report required by subsection (a) shall include—

(1) the name of each person who receives a payment from the Office of the Architect of the Capitol;

(2) the quantity and price of any item furnished to the Office of the Architect of the Capitol;

(3) a description of any service rendered to the Office of the Architect of the Capitol, together with a statement of the time required for the service, and the name, title, and amount paid to each person who renders the service;

(4) a statement of all amounts appropriated to, or received or expended by, the Office of the Architect of the Capitol and any unexpended balances of such amounts;

(5) the information submitted to the Comptroller General under section 3523(b) of title 31; and

(6) such additional information as may be required by regulation of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate.

(c) Printing

Each report under this section shall be printed as a House document.

(d) Effective date

This section shall apply with respect to the semiannual periods of January 1 through June 30 and July 1 through December 31 of each year, beginning with the semiannual period in which this section is enacted.

(Pub. L. 113–76, div. I, title I, §1301, Jan. 17, 2014, 128 Stat. 428.)

§1869. Advance payments

During fiscal year 2008 and each succeeding fiscal year, following notification of the Committees on Appropriations of the House of Representatives and the Senate, the Architect of the Capitol may make payments in advance for obligations of the Office of the Architect of the Capitol for subscription services if the Architect determines it to be more prompt, efficient, or economical to do so.

(Pub. L. 110–161, div. H, title I, §1304, Dec. 26, 2007, 121 Stat. 2242.)

Editorial Notes

Codification

Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.

§1870. House Historic Buildings Revitalization Trust Fund

(a) Establishment

There is hereby established in the Treasury of the United States, as an account for the Architect of the Capitol, the House Historic Buildings Revitalization Trust Fund (hereafter in this section referred to as the "Fund").

(b) Use of amounts

Amounts in the Fund shall be used by the Architect of the Capitol for the revitalization of the major historical buildings and assets of the House of Representatives which the Architect is responsible for maintaining and preserving, except that the Architect may not obligate any amounts in the Fund without the approval of the Committee on Appropriations of the House of Representatives.

(c) Continuing availability of funds

Any amounts transferred to and merged with, or otherwise deposited into, the Fund shall remain available until expended.

(d) Omitted

(e) Effective date

This section and the amendment made by this section shall apply with respect to fiscal year 2010 and each succeeding fiscal year.

(Pub. L. 111–68, div. A, title I, §1304, Oct. 1, 2009, 123 Stat. 2035.)

Editorial Notes

Codification

Section is comprised of section 1304 of Pub. L. 111–68. Subsec. (d) of section 1304 of Pub. L. 111–68 amended section 5507 of this title.

Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of Pub. L. 111–68.

§1871. Expired appropriations available for deposit into Employees' Compensation Fund

(a) In general

Notwithstanding section 1101, available balances of expired Architect of the Capitol appropriations shall be available to the Architect of the Capitol to make the deposit to the credit of the Employees' Compensation Fund required by section 8147(b) of title 5.

(b) Effective date

This section shall apply with respect to appropriations for fiscal year 2013 and each year thereafter.

(Pub. L. 113–6, div. F, title VI, §1606, Mar. 26, 2013, 127 Stat. 426.)

Editorial Notes

References in Text

Section 1101, referred to in subsec. (a), is section 1101 of title I of div. F of Pub. L. 113—6, Mar. 26, 2013, 127 Stat. 412, which is not classified to the Code.

§1872. Use of expired funds for unemployment compensation payments

(a) Available balances of expired Architect of the Capitol appropriations shall be available to the Architect of the Capitol for reimbursing the Federal Employees Compensation Account (as established by section 1109 of title 42) for any amounts paid with respect to unemployment compensation payments for former employees of the Architect of the Capitol, notwithstanding any other provision of law, without regard to the fiscal year for which the obligation to make such payments is incurred.

(b) This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.

(Pub. L. 115–31, div. I, title I, §1204, May 5, 2017, 131 Stat. 581.)

§1873. Acceptance of travel expenses from non-Federal sources

(a) Permitting acceptance of expenses

Notwithstanding any other provision of law, the Architect of the Capitol may accept payment or authorize an employee of the Office of the Architect of the Capitol to accept payment on the Office's behalf from non-Federal sources for travel, subsistence, and related expenses with respect to attendance of the employee (or the spouse of such employee) at any meeting or similar function relating to the employee's official duties. Any cash payment so accepted shall be credited to the appropriation applicable to such expenses. In the case of a payment in kind so accepted, a pro rata reduction shall be made in any entitlement of the employee to payment from the Government for such expenses.

(b) Prohibiting acceptance from other sources

Except as provided in this section or section 7342 of title 5, the Office or an employee of the Office may not accept payment for expenses referred to in subsection (a). An employee who accepts any payment in violation of the preceding sentence—

(1) may be required, in addition to any penalty provided by law, to repay, for deposit in the general fund of the Treasury, an amount equal to the amount of the payment so accepted; and

(2) in the case of a repayment under paragraph (1), shall not be entitled to any payment from the Government for such expenses.

(c) Effective date

This section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.

(Pub. L. 115–244, div. B, title I, §135, Sept. 21, 2018, 132 Stat. 2937.)