2 U.S.C. § 1803 — Delegation of authority

Page 380 TITLE 2—THE CONGRESS § 1802 section 1801 of this title. Subsec. (d)(2) of section 5702 of Pub. L. 118–31 amended section 1811 of this title. § 1802. Compensation The compensation of the Architect of the Cap- itol shall be at an annual rate which is equal to the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5. (Pub. L. 96–146, § 1, formerly § 1(1), Dec. 14, 1979, 93 Stat. 1086; Pub. L. 107–68, title I, § 129(a), Nov. 12, 2001, 115 Stat. 579; renumbered § 1 and amend- ed Pub. L. 116–94, div. E, title II, § 212(a)(3)(D), Dec. 20, 2019, 133 Stat. 2775; Pub. L. 117–103, div. I, title II, § 212(a), Mar. 15, 2022, 136 Stat. 526.) 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 Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. PRIOR PROVISIONS Prior provisions prescribing the annual rate of com- pensation of the Architect of the Capitol were con- tained in the following prior sections 162a of former Title 40, Public Buildings, Property, and Works: Pub. L. 88–426, title II, § 203(c), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90–206, title II, § 219(2), Dec. 16, 1967, 81 Stat. 639; Pub. L. 94–82, title II, § 204(b), Aug. 9, 1975, 89 Stat. 421, which was omitted as superseded by Pub. L. 96–146, § 1(1). Acts Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 880; Aug. 5, 1955, ch. 568, § 101, 69 Stat. 515, which was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 655. AMENDMENTS 2022—Pub. L. 117–103 substituted ‘‘the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.’’ for ‘‘the maximum rate of pay in effect under section 4575(f) of this title.’’ 2019—Pub. L. 116–94 amended section generally. Prior to amendment, text read as follows: ‘‘The compensa- tion of the Architect of the Capitol shall be at an an- nual rate which is equal to the lesser of the annual sal- ary for the Sergeant at Arms of the House of Rep- resentatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate.’’ 2001—Pub. L. 107–68, which directed amendment of ‘‘Section 203(c) of the Federal Legislative Salary Act of 1964 (40 U.S.C. 162a)’’ by striking ‘‘the annual rate of basic pay’’ and all that follows and inserting ‘‘the less- er of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate.’’, was executed by substituting the new language for ‘‘the an- nual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5’’ in this section, which is section 1(1) of Pub. L. 96–146, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–103, div. I, title II, § 212(c), Mar. 15, 2022, 136 Stat. 527, provided that: ‘‘This section [amending this section and section 1902 of this title] and the amendments made by this section shall take effect on the first day of the first applicable pay period begin- ning on or after the date of enactment of this Act [Mar. 15, 2022].’’ EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period begin- ning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–68, title I, § 129(e), Nov. 12, 2001, 115 Stat. 580, provided that: ‘‘Except as provided in subsections (c)(2) and (d) [enacting provisions set out as notes under sections 1801 and 1849 of this title], this section [amending this section and section 1849 of this title and enacting provisions set out as notes under sections 1801, 1848, and 1849 of this title] and the amendments made by this section shall apply with respect to pay pe- riods beginning on or after October 1, 2001.’’ EFFECTIVE DATE Pub. L. 96–146, § 2, Dec. 14, 1979, 93 Stat. 1086, provided that: ‘‘The provisions of this Act [enacting this section and section 166b of former Title 40, Public Buildings, Property, and Works] shall take effect on the first day of the first applicable pay period commencing on or after the date of the enactment of this Act [Dec. 14, 1979].’’ 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 section 358 of this title. 1977—Salary of Architect increased to $50,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of this title. 1969—Salary of Architect increased to $38,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of this title. § 1803. Delegation of authority The Architect of the Capitol may delegate the duties and authorities of the Architect to offi- cers and employees of the Office of the Architect of the Capitol, as the Architect determines ap- propriate. (Aug. 5, 1955, ch. 568, 69 Stat. 515; Pub. L. 108–7, div. H, title I, § 1205, Feb. 20, 2003, 117 Stat. 375; Pub. L. 116–260, div. O, title VII, § 701(a), Dec. 27, 2020, 134 Stat. 2154.) 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 Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. Section is from the Legislative Branch Appropriation Act, 1956. AMENDMENTS 2020—Pub. L. 116–260 substituted ‘‘delegate the duties and authorities of the Architect to officers and employ- ees of the Office of the Architect of the Capitol, as the Architect determines appropriate’’ for ‘‘delegate to the assistants of the Architect such authority of the Archi- tect as the Architect may determine proper, except those authorities, duties, and responsibilities specifi- cally assigned to the Deputy Architect of the Capitol by the Legislative Branch Appropriations Act, 2003’’. 2003—Pub. L. 108–7 substituted ‘‘Architect of the Cap- itol may delegate to the assistants of the Architect such authority of the Architect as the Architect may determine proper, except those authorities, duties, and responsibilities specifically assigned to the Deputy Ar- chitect of the Capitol by the Legislative Branch Appro- Page 381 TITLE 2—THE CONGRESS § 1805 priations Act, 2003’’ for ‘‘Architect of the Capitol is au- thorized on and after August 5, 1955, to delegate to the Assistant Architect and other assistants such author- ity of the Architect as he may deem proper’’. § 1804. Repealed. Pub. L. 118–31, div. E, title LVII, § 5704(d), Dec. 22, 2023, 137 Stat. 962 Section, Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 817; Pub. L. 101–163, title I, § 106(d), Nov. 21, 1989, 103 Stat. 1057; Pub. L. 108–7, div. H, title I, § 1204, Feb. 20, 2003, 117 Stat. 374, provided that the Deputy Architect of the Capitol would act as Architect of the Capitol during the absence or disability of that official or whenever there was no Architect. See section 1805a of this title. 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 Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 87–730, Oct. 2, 1962, 76 Stat. 688. Pub. L. 87–130, Aug. 10, 1961, 75 Stat. 329. Pub. L. 86–628, July 12, 1960, 74 Stat. 455. Pub. L. 86–176, Aug. 21, 1959, 73 Stat. 407. Pub. L. 85–570, July 31, 1958, 72 Stat. 448. Pub. L. 85–75, July 1, 1957, 71 Stat. 251. June 27, 1956, ch. 453, 70 Stat. 365. Aug. 5, 1955, ch. 568, 69 Stat. 515. July 2, 1954, ch. 455, title I, 68 Stat. 405. Aug. 1, 1953, ch. 304, title I, 67 Stat. 327. July 9, 1952, ch. 598, 66 Stat. 472. Oct. 11, 1951, ch. 485, 65 Stat. 396. Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 602. June 22, 1949, ch. 235, 63 Stat. 224. June 14, 1948, ch. 467, 62 Stat. 430. July 17, 1947, ch. 262, 61 Stat. 369. July 1, 1946, ch. 530, 60 Stat. 400. May 18, 1946, ch. 263, title I, 60 Stat. 185. June 13, 1945, ch. 189, 59 Stat. 251. June 26, 1944, ch. 277, title I, 58 Stat. 346. June 28, 1943, ch. 173, title I, 57 Stat. 232. June 8, 1942, ch. 396, 56 Stat. 341. July 1, 1941, ch. 268, 55 Stat. 457. June 18, 1940, ch. 396, 54 Stat. 472. June 16, 1939, ch. 208, 53 Stat. 831. May 17, 1938, ch. 236, 52 Stat. 390. May 18, 1937, ch. 223, 50 Stat. 179. Apr. 17, 1936, ch. 233, 49 Stat. 1224. July 8, 1935, ch. 374, 49 Stat. 469. May 30, 1934, ch. 372, 48 Stat. 826. Feb. 28, 1933, ch. 134, 47 Stat. 1360. June 30, 1932, ch. 314, 47 Stat. 391. Feb. 20, 1931, ch. 234, 46 Stat. 1183. June 6, 1930, ch. 407, 46 Stat. 513. § 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 dele- gate to the Deputy Architect such duties as the Architect determines are necessary or appro- priate. (b) Deadline The Architect shall appoint a Deputy Archi- tect under subsection (a) not later than 120 days after— (1) the date on which the Architect is ap- pointed under section 1801a of this title, if there is no Deputy Architect on the date of the appointment; or (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 an- nual rate of pay to be determined by the Archi- tect 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 Ar- chitect on or before the applicable date specified in subsection (b), the congressional commission described in section 1801a(a) of this title shall appoint the Deputy Architect by a majority vote of the members of the commission. (e) Notification If the position of Deputy Architect becomes vacant, the Architect shall immediately notify the members of the congressional commission described in section 1801a(a) of this title. (Pub. L. 108–7, div. H, title I, § 1203, Feb. 20, 2003, 117 Stat. 373; Pub. L. 108–11, title II, § 2601(a), Apr. 16, 2003, 117 Stat. 599; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–316, § 1(b), Dec. 18, 2010, 124 Stat. 3452; Pub. L. 116–260, div. O, title VII, § 701(b), Dec. 27, 2020, 134 Stat. 2154; Pub. L. 118–31, div. E, title LVII, § 5703, Dec. 22, 2023, 137 Stat. 961.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2003, which is div. H of Pub. L. 108–7. AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 5703(1), inserted ‘‘(in this section referred to as the ‘Architect’)’’ after ‘‘The Architect of the Capitol’’ and ‘‘(in this section referred to as the ‘Deputy Architect’)’’ after ‘‘Deputy Architect of the Capitol’’. Subsec. (b). Pub. L. 118–31, § 5703(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 118–31, § 5703(2), (4), redesignated subsec. (b) as (c) and struck out ‘‘of the Capitol’’ after ‘‘The Deputy Architect’’ and after ‘‘pay for the Archi- tect’’. Subsecs. (d), (e). Pub. L. 118–31, § 5703(5), added sub- secs. (d) and (e). 2020—Pub. L. 116–260, § 701(b)(1), substituted ‘‘Capitol’’ for ‘‘Capitol/Chief Operating Officer’’ in section catch- line. Subsec. (a). Pub. L. 116–260, § 701(b)(2), inserted text of subsec. (a) and struck out former text of subsec. (a) which read as follows: ‘‘There shall be a Deputy Archi- tect of the Capitol who shall serve as the Chief Oper- ating Officer of the Office of the Architect of the Cap- itol. The Deputy Architect of the Capitol shall be ap- pointed by the Architect of the Capitol and shall report directly to the Architect of the Capitol and shall be subject to the authority of the Architect of the Capitol. The Architect of the Capitol shall appoint the Deputy Architect of the Capitol not later than 180 days after February 20, 2003. The Architect of the Capitol shall consult with the Comptroller General or his designee before making the appointment.’’ Subsecs. (b) to (h). Pub. L. 116–260, § 701(b)(3), (4), re- designated subsec. (h) as (b) and struck out former sub- secs. (b) to (g) which related to Deputy Architect quali-