2 U.S.C. § 2026 — Senate Staff Health and Fitness Facility

Page 455 TITLE 2—THE CONGRESS § 2026 Editorial Notes CODIFICATION Section was classified to section 185a 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 1980—Subsec. (a). Pub. L. 96–444, § 1(a)(1), designated existing provision as subsec. (a) and substituted provi- sion transferring, on October 1, 1980, employees of the Senate garage engaged by the Architect of the Capitol for the primary purpose of servicing official motor ve- hicles, together with the functions performed by such employees, to the jurisdiction of the Sergeant at Arms and Doorkeeper of the Senate for provision transfer- ring, on July 1, 1932, employees engaged in the care and maintenance of the Senate garage to the jurisdiction of the Architect of the Capitol, without any reduction in compensation to these employees as the result of such transfer. Subsec. (b). Pub. L. 96–444, § 1(b), added subsec. (b). 1964—Pub. L. 88–454 redesignated the Legislative Ga- rage as the Senate Garage, transferred the authority to promulgate rules from the Vice President and the Speaker of the House to the Senate Committee on Rules and Administration, and directed that the regu- lations provide for the continued assignment of space and the continued furnishing of service for official motor vehicles of the House and the Senate and the Ar- chitect of the Capitol and Capitol Grounds mainte- nance equipment. Statutory Notes and Related Subsidiaries AVAILABILITY OF APPROPRIATIONS FOR EXPENSES OF SENATE GARAGE Title I of S. 2939, Ninety-seventh Congress, 2d Ses- sion, as reported Sept. 22, 1982, and incorporated by ref- erence in Pub. L. 97–276, § 101(e), Oct. 2, 1982, 96 Stat. 1189, to be effective as if enacted into law, provided in part: ‘‘That appropriations under this head [SENATE OF- FICE BUILDINGS] shall hereafter be available for mainte- nance, alternations [alterations], personal and other services, and for all other necessary expenses of the Senate Garage as authorized by the paragraph begin- ning ‘Capitol Garages’ under the general heading ‘AR- CHITECT OF THE CAPITOL’ in the first section of the Act entitled ‘An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes’, ap- proved June 30, 1933 [1932] (40 U.S.C. 185a) [now this sec- tion] and Public Law 96–444 [amending this section and enacting provisions set out as notes under this section and section 185a of former Title 40, Public Buildings, Property, and Works].’’ APPOINTMENT OF GARAGE ATTENDANTS; COMPENSATION; LONGEVITY COMPENSATION Pub. L. 96–444, § 2, Oct. 13, 1980, 94 Stat. 1889, provided that: ‘‘(a) Effective October 1, 1980, the Sergeant at Arms and Doorkeeper of the Senate is authorized to appoint and fix the compensation of four garage attendants at not to exceed $14,100 per annum each. ‘‘(b) If, and to the extent that, positions established by subsection (a) are first filled by individuals trans- ferred under subsection (a)(1) of the first section [amending subsec. (a) of this section], the Sergeant at Arms and Doorkeeper of the Senate is authorized to fix, in lieu of the compensation prescribed in subsection (a), the compensation— ‘‘(1) of not more than two of such positions so filled at not to exceed $16,560 per annum each; ‘‘(2) of one of such positions so filled at not to ex- ceed $15,485 per annum; and ‘‘(3) of one of such positions so filled at not to ex- ceed $14,390 per annum. Compensation fixed under this subsection for a position first filled by an individual transferred under sub- section (a)(1) of the first section shall cease to be appli- cable with respect to such position on the date that such individual first ceases to occupy such position. ‘‘(c) During any period with respect to which sub- section (b) is applicable to a position occupied by an in- dividual described in such subsection, such individual shall be credited, for purposes of longevity compensa- tion, as authorized by section 106(a), (b), and (d) of the Legislative Branch Appropriation Act, 1963 (2 U.S.C. 60j) [now 2 U.S.C. 4507], for service performed by such individual in the position of garage attendant, as an employee of the Architect of the Capitol, as certified to the Secretary of the Senate by the Architect of the Capitol.’’ § 2026. Senate Staff Health and Fitness Facility Revolving Fund (a) Establishment There is established in the Treasury of the United States a revolving fund to be known as the Senate Staff Health and Fitness Facility Re- volving Fund (‘‘the revolving fund’’). (b) Deposit of receipts The Architect of the Capitol shall deposit in the revolving fund— (1) any amounts received as dues or other as- sessments for use of the Senate Staff Health and Fitness Facility, and (2) any amounts received from the operation of the Senate waste recycling program. (c) Availability of funds Subject to the approval of the Committee on Appropriations of the Senate, amounts in the re- volving fund shall be available to the Architect of the Capitol, without fiscal year limitation, for payment of costs of the Senate Staff Health and Fitness Facility. (d) Withdrawal of excess amounts The Architect of the Capitol shall withdraw from the revolving fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the revolving fund that the Architect determines are in excess of the current and reasonably foreseeable needs of the Senate Staff Health and Fitness Facility. (e) Regulations The Committee on Rules and Administration of the Senate shall promulgate regulations per- taining to the operation and use of the Senate Staff Health and Fitness Facility. (Pub. L. 106–554, § 1(a)(2) [title I, § 4], Dec. 21, 2000, 114 Stat. 2763, 2763A–96; Pub. L. 108–7, div. H, title I, § 1207, Feb. 20, 2003, 117 Stat. 375.) Editorial Notes CODIFICATION Section was formerly classified to section 121f of this title prior to editorial reclassification and renumbering as this section. Section is from the Congressional Operations Appro- priations Act, 2001, which is title I of the Legislative Branch Appropriations Act, 2001. AMENDMENTS 2003—Subsecs. (a), (b)(1). Pub. L. 108–7, § 1207(1), (2), in- serted ‘‘Staff’’ after ‘‘Senate’’. Subsec. (c). Pub. L. 108–7, § 1207(3), inserted ‘‘Staff’’ after ‘‘costs of the Senate’’. Page 456 TITLE 2—THE CONGRESS § 2041 Subsec. (d). Pub. L. 108–7, § 1207(4), inserted ‘‘Staff’’ after ‘‘Senate’’. Subsec. (e). Pub. L. 108–7, § 1207(5), added subsec. (e) and struck out former subsec. (e) which read as follows: ‘‘Subject to the approval of the Committee on Rules and Administration of the Senate, the Architect of the Capitol may issue such regulations as may be necessary to carry out the provisions of this section.’’ SUBCHAPTER III—RESTAURANTS § 2041. House of Representatives restaurant, cafe- teria, and food services (a) Management and duties Notwithstanding any other authority with re- spect 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 imme- diate 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 des- ignated shall perform the duties vested in the Architect of the Capitol by section 208 of the First Supplemental Civil Functions Appropria- tion Act, 1941 (54 Stat. 1056; Public, No. 812, Sev- enty-sixth Congress). (b) Transfer of accounts, records, supplies, equipment, and assets The Architect of the Capitol is hereby author- ized 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 Archi- tect of the Capitol in order that all such items may be available for the maintenance and oper- ation of the House Restaurant under the author- ity 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 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 des- ignate. (d) Effective date The provisions of this section shall become ef- fective 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, § 221(3)(A), Aug. 20, 1996, 110 Stat. 1748.) Editorial Notes REFERENCES IN TEXT Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in subsecs. (a) and (c), means section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was classified to section 174k of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 104–186, title II, § 221(3)(B), Aug. 20, 1996, 110 Stat. 1748. The date of adoption of this resolution, referred to in subsec. (d), is Mar. 25, 1971. See Codification note below. CODIFICATION Section was classified to section 174k 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 section 2 of House Resolution No. 317, Ninety-second Congress, Mar. 25, 1971, which was enacted into permanent law by Pub. L. 92–51. AMENDMENTS 1996—Subsecs. (a) to (c). Pub. L. 104–186 substituted ‘‘House Oversight’’ for ‘‘House Administration’’ wher- ever appearing. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. SPECIAL DEPOSIT ACCOUNT FROM VENDING OPERATIONS Pub. L. 104–53, title I, § 107A, Nov. 19, 1995, 109 Stat. 522, as amended by Pub. L. 104–197, title I, § 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 sub- section (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) [former 40 U.S.C. 174k].’’ [Pub. L. 104–197, title I, § 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 RE- TIREMENT BENEFITS; PROMULGATION OF REGULATIONS Pub. L. 99–500, § 111, Oct. 18, 1986, 100 Stat. 1783–348, and Pub. L. 99–591, § 111, Oct. 30, 1986, 100 Stat. 3341–348, provided that: ‘‘(a) Any individual who— ‘‘(1) on the day before the date on which food serv- ices operations for the House of Representatives are transferred by contract to a corporation or other per- son— ‘‘(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 Cap- itol; 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 em- ployee described in paragraph (1); and ‘‘(3) becomes employed to provide such food serv- ices 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