2 U.S.C. § 1814 — Repairs of Capitol

Page 386 TITLE 2—THE CONGRESS § 1812 law and subject to the availability of appropriations, the Architect of the Capitol is authorized to secure, through multi-year rental, lease, or other appropriate agreement, the property located at 67 K Street, S.W., Washington, D.C., for use of Legislative Branch agen- cies, and to incur any necessary incidental expenses in- cluding maintenance, alterations, and repairs in con- nection therewith: Provided, That in connection with the property referred to under the preceding proviso, the Architect of the Capitol is authorized to expend funds appropriated to the Architect of the Capitol for the purpose of the operations and support of Legisla- tive Branch agencies, including the United States Cap- itol Police, as may be required for that purpose.’’ § 1812. Care and superintendence of Capitol The Architect of the Capitol shall on and after March 3, 1977, have the care and superintendence of the Capitol, including lighting. His office shall be in the Capitol Building. (Aug. 15, 1876, ch. 287, 19 Stat. 147; Mar. 3, 1877, ch. 102, 19 Stat. 298; Oct. 31, 1951, ch. 654, § 3(14), 65 Stat. 708.) Editorial Notes CODIFICATION Section was classified to section 163 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. The first sentence of this section is from act Mar. 3, 1877. The second sentence of this section is from act Aug. 15, 1876, popularly known as the ‘‘Sundry Civil Ap- propriation Act’’. PRIOR PROVISIONS Provisions similar to those comprising the first sen- tence of this section were contained in act Aug. 15, 1876, ch. 287, 19 Stat. 147. AMENDMENTS 1951—Act Oct. 31, 1951, struck out ‘‘, and shall submit through the Secretary of the Interior estimates there- of’’ at end of first sentence. Statutory Notes and Related Subsidiaries CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title. § 1813. Exterior of Capitol On and after July 7, 1884, it shall be the duty of the Architect to clean and keep in proper order the exterior of the Capitol. (July 7, 1884, ch. 332, 23 Stat. 209.) Editorial Notes REFERENCES IN TEXT The Architect, referred to in text, means the Archi- tect of the Capitol. CODIFICATION Section was classified to section 163a 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 Sundry Civil Appropriation Act July 7, 1884, fiscal year 1885. § 1814. Repairs of Capitol All improvements, alterations, additions, and repairs of the Capitol Building shall be made by the direction and under the supervision of the Architect of the Capitol. (R.S. § 1816; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291; Oct. 31, 1951, ch. 654, § 3(15), 65 Stat. 708.) Editorial Notes CODIFICATION Section was classified to section 166 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. R.S. § 1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat. 617; acts Mar. 30, 1867, ch. 24, § 2, 15 Stat. 13; July 20, 1868, ch. 177, § 1, 15 Stat. 115; Mar. 3, 1869, ch. 121, § 1, 15 Stat. 283, 284; Mar. 3, 1871, ch. 114, § 1, 16 Stat. 500; Aug. 15, 1876, ch. 287, 19 Stat. 147. Provision of R.S. § 1816 relating to purchase of fur- niture or carpets for House or Senate is classified to section 2184 of this title. AMENDMENTS 1951—Act Oct. 31, 1951, struck out requirement that such improvements, etc., should be paid for by Sec- retary of the Interior out of appropriations for Capitol extension, and from no other appropriation. Statutory Notes and Related Subsidiaries CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Prior Provisions and Change of Name notes set out under former section 1801 of this title. CONDITIONS FOR USE OF CERTAIN TELECOMMUNICATIONS SYSTEMS AND SERVICES BY AGENCY OF LEGISLATIVE BRANCH Pub. L. 101–520, title III, § 306, Nov. 5, 1990, 104 Stat. 2277, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that: ‘‘(a) Hereafter, notwithstanding any other provision of law, any agency of the legislative branch is author- ized to use telecommunications systems and services provided by the Architect of the Capitol or the House of Representatives or the Senate under the approved plan required by section 305 of Public Law 100–202 (101 Stat. 1329–308) [see source credits following note below] if such systems and services— ‘‘(1) have been acquired competitively; and ‘‘(2) in the case of long distance service, have been determined by the Architect of the Capitol to be at least equal in quality to, and not greater in cost than, the systems and services available under the procurement conducted by the Administrator of Gen- eral Services known as ‘FTS2000’. ‘‘(b) As used in this section, the term ‘agency of the legislative branch’ means the office of the Architect of the Capitol, the Botanic Garden, the Government Ac- countability Office, the Government Publishing Office, the Library of Congress, the Office of Technology As- sessment, and the Congressional Budget Office.’’ Similar provisions were contained in the following prior appropriations acts: Pub. L. 101–163, title III, § 306, Nov. 21, 1989, 103 Stat. 1064. Pub. L. 100–458, title III, § 307B, Oct. 1, 1988, 102 Stat. 2183. DEVELOPMENT OF OVERALL PLAN FOR SATISFYING TELECOMMUNICATIONS REQUIREMENTS OF AGENCIES OF LEGISLATIVE BRANCH Pub. L. 102–392, title III, § 305, Oct. 6, 1992, 106 Stat. 1721, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that: Page 387 TITLE 2—THE CONGRESS § 1816a ‘‘(a) The Architect of the Capitol, in consultation with the heads of the agencies of the legislative branch, shall develop an overall plan for satisfying the tele- communications requirements of such agencies, using a common system architecture for maximum inter- connection capability and engineering compatibility. The plan shall be subject to joint approval by the Com- mittee on House Administration of the House of Rep- resentatives and the Committee on Rules and Adminis- tration of the Senate, and, upon approval, shall be com- municated to the Committee on Appropriations of the House of Representatives and the Committee on Appro- priations of the Senate. No part of any appropriation in this Act or any other Act shall be used for acquisition of any new or expanded telecommunications system for an agency of the legislative branch, unless, as deter- mined by the Architect of the Capitol, the acquisition is in conformance with the plan, as approved. ‘‘(b) As used in this section— ‘‘(1) the term ‘agency of the legislative branch’ means the Office of the Architect of the Capitol, the Botanic Garden, the Government Accountability Of- fice, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office; and ‘‘(2) the term ‘telecommunications system’ means an electronic system for voice, data, or image com- munication, including any associated cable and switching equipment. ‘‘(c) This section shall apply with respect to fiscal years beginning after September 30, 1992.’’ Similar provisions were contained in the following prior appropriations acts: Pub. L. 102–90, title III, § 305, Aug. 14, 1991, 105 Stat. 466. Pub. L. 101–520, title III, § 305, Nov. 5, 1990, 104 Stat. 2276. Pub. L. 101–163, title III, § 305, Nov. 21, 1989, 103 Stat. 1063. Pub. L. 100–458, title III, § 305, Oct. 1, 1988, 102 Stat. 2182. Pub. L. 100–202, § 101(i) [title III, § 305], Dec. 22, 1987, 101 Stat. 1329–290, 1329–308. Pub. L. 99–500, § 101(j) [H.R. 5203, title III, § 305], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(j) [H.R. 5203, title III, § 305], Oct. 30, 1986, 100 Stat. 3341–287. § 1815. Repealed. Pub. L. 109–58, title I, § 101(c), Aug. 8, 2005, 119 Stat. 606 Section, Pub. L. 105–275, title III, § 310, Oct. 21, 1998, 112 Stat. 2456, related to energy conservation and man- agement. Editorial Notes CODIFICATION Section was classified to section 166i 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. § 1816. Construction contracts (a) Liquidated damages The Architect of the Capitol may not enter into or administer any construction contract with a value greater than $50,000 unless the con- tract includes a provision requiring the payment of liquidated damages in the amount determined under subsection (b) in the event that comple- tion of the project is delayed because of the con- tractor. (b) Amount of payment The amount of payment required under a liq- uidated damages provision described in sub- section (a) shall be equal to the product of— (1) the daily liquidated damage payment rate; and (2) the number of days by which the comple- tion of the project is delayed. (c) Daily liquidated damage payment rate (1) In general In subsection (b), the ‘‘daily liquidated dam- age payment rate’’ means— (A) $140, in the case of a contract with a value greater than $50,000 and less than $100,000; (B) $200, in the case of a contract with a value equal to or greater than $100,000 and equal to or less than $500,000; and (C) the sum of $200 plus $50 for each $100,000 increment by which the value of the con- tract exceeds $500,000, in the case of a con- tract with a value greater than $500,000. (2) Adjustment in rate permitted Notwithstanding paragraph (1), the daily liq- uidated damage payment rate may be adjusted by the contracting officer involved to a rate greater or lesser than the rate described in such paragraph if the contracting officer makes a written determination that the rate described does not accurately reflect the an- ticipated damages which will be suffered by the United States as a result of the delay in the completion of the contract. (d) Effective date This section shall apply with respect to con- tracts entered into during fiscal year 2002 or any succeeding fiscal year. (Pub. L. 107–68, title I, § 130, Nov. 12, 2001, 115 Stat. 580.) Editorial Notes CODIFICATION Section was classified to section 166j 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. § 1816a. Design-build contracts (a) Notwithstanding any other provision of law, the Architect of the Capitol may use the two-phase selection procedures authorized in section 3309 of title 41 for entering into a con- tract for the design and construction of a public building, facility, or work in the same manner and under the same terms and conditions as the head of an executive agency under such section. (b) This section shall apply with respect to fis- cal year 2008 and each succeeding fiscal year. (Pub. L. 110–161, div. H, title I, § 1308, Dec. 26, 2007, 121 Stat. 2244.) Editorial Notes CODIFICATION In subsec. (a), ‘‘section 3309 of title 41’’ substituted for ‘‘section 303M of the Federal Property and Adminis- trative Services Act of 1949 (41 U.S.C. 253m)’’ on author- ity of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section is from the Legislative Branch Appropria- tions Act, 2008, which is div. H of the Consolidated Ap- propriations Act, 2008.