2 U.S.C. § 1822 — Leasing of space

Page 390 TITLE 2—THE CONGRESS § 1821 Editorial Notes REFERENCES IN TEXT Sections 1922, 1961, 1966, 1967, and 1969 of this title and sections 5101 to 5107 and 5109 of title 40, referred to in subsec. (b), was in the original a reference to the Act entitled ‘‘An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes’’, approved July 31, 1946, which is act July 31, 1946, ch. 707, 60 Stat. 718. Sections 9, 9A, 9B, 9C, and 14 of the Act are classified, respectively, to sections 1961, 1966, 1967, 1922, and 1969 of this title, and section 16(b) of the Act is set out as a note under sec- tion 1961 of this title. Sections 1 to 8, 10 to 13, and 16(a) of the Act, which were classified to sections 193a to 193m of former Title 40, Public Buildings, Property, and Works, were repealed and reenacted as sections 5101 to 5107 and 5109 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1312, the first section of which enacted Title 40. Section 5(c) of Pub. L. 107–217, set out as a note pre- ceding section 101 of Title 40, provides that a reference to a law replaced by section 1 of Pub. L. 107–217 is deemed to refer to the corresponding provision enacted by Pub. L. 107–217. For complete classification of the act of July 31, 1946, to the Code, see Tables. For disposi- tion of sections of former Title 40, see table at the be- ginning of Title 40. CODIFICATION Section was classified to section 166m 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 ACQUISITION OF PROPERTY BY ARCHITECT OF THE CAPITOL Pub. L. 108–199, div. H, § 152, Jan. 23, 2004, 118 Stat. 448, provided that: ‘‘(a) Notwithstanding section 907(a) of Public Law 107–206 (116 Stat. 977) [2 U.S.C. 1820(a)] or section 1102 of the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1822(b)), the Architect of the Capitol, at any time after the date of the enactment of this Act [Jan. 23, 2004] and subject to the availability of appropria- tions, may enter into an agreement to acquire by lease any portion of the real property located at 499 South Capitol Street Southwest in the District of Columbia for the use of the United States Capitol Police. ‘‘(b) Any real property acquired by the Architect of the Capitol pursuant to subsection (a) shall be subject to the provisions of the Act entitled ‘An Act to define the area of the United States Capitol Grounds, to regu- late the use thereof, and for other purposes’, approved July 31, 1946 [2 U.S.C. 1922, 1961, 1966, 1967, 1969, see Ref- erences in Text note above].’’ § 1821. Small purchase contracting authority (a) In general To promote efficiency and economy in con- tracting and to avoid unnecessary burdens, the Architect of the Capitol is granted authority to utilize special simplified procedures for pur- chases of property and services the aggregate amount of which does not exceed $250,000. Not- withstanding any other provision of law— (1) section 6101 of title 41 shall apply with re- spect to purchases and contracts for the Archi- tect of the Capitol as if the reference to ‘‘$25,000’’ in paragraph (1) of such section were a reference to ‘‘$100,000’’; and (2) the Architect may procure services, equipment, and construction for security re- lated projects in the most efficient manner he determines appropriate. (b) Effective date This section shall apply to fiscal year 2003 and each fiscal year thereafter. (Pub. L. 108–7, div. H, title I, § 1201, Feb. 20, 2003, 117 Stat. 372; Pub. L. 115–244, div. B, title I, § 133(a), Sept. 21, 2018, 132 Stat. 2936.) Editorial Notes CODIFICATION In subsec. (a)(1), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)’’ on authority 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, 2003, which is div. H of Pub. L. 108–7. PRIOR PROVISIONS Prior similar provisions were contained in Pub. L. 107–68, title I, § 131, Nov. 12, 2001, 115 Stat. 581. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–244, which directed amendment of ‘‘2 U.S.C. 1821’’ by inserting ‘‘To promote efficiency and economy in contracting and to avoid un- necessary burdens, the Architect of the Capitol is granted authority to utilize special simplified proce- dures for purchases of property and services the aggre- gate amount of which does not exceed $250,000.’’ before ‘‘Notwithstanding any other provision of law—’’, was executed by making the insertion in subsec. (a) of sec- tion 1201 of Pub. L. 108–7, div. H, title I, which is classi- fied to this section, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–244, div. B, title I, § 133(b), Sept. 21, 2018, 132 Stat. 2936, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2019 and each succeeding fiscal year.’’ § 1822. Leasing of space (a) In general Funds appropriated to the Architect of the Capitol shall be available— (1) for the leasing of space in areas within the District of Columbia and its environs be- yond the boundaries of the United States Cap- itol Grounds to meet space requirements of the United States Senate, United States House of Representatives, United States Capitol Po- lice, and the Architect of the Capitol under such terms and conditions as the Committee or Commission referred to under subsection (b) may authorize; and (2) to incur any necessary expense in connec- tion with any leasing of space under paragraph (1). (b) Conditions to lease space The Architect of the Capitol may lease space under subsection (a) upon submission of written notice of intent to lease such space to, and ap- proved by— (1) the Committees on Appropriations and Rules and Administration of the Senate for space to be leased for the Senate; (2) the Committee on Appropriations of the House of Representatives and the House Office Page 391 TITLE 2—THE CONGRESS § 1824 Building Commission for space to be leased for the House of Representatives; and (3) the Committees on Appropriations of the Senate and House of Representatives, for space to be leased for any other entity under subsection (a). (c) Effective date This section shall apply with respect to fiscal year 2004, and each fiscal year thereafter. (Pub. L. 108–83, title I, § 1102, Sept. 30, 2003, 117 Stat. 1027; Pub. L. 110–161, div. H, title I, § 1306(a), Dec. 26, 2007, 121 Stat. 2243.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2004. AMENDMENTS 2007—Subsec. (b)(1). Pub. L. 110–161, § 1306(a)(1), sub- stituted ‘‘Committees on Appropriations and Rules and Administration’’ for ‘‘Committee on Rules and Admin- istration’’. Subsec. (b)(2). Pub. L. 110–161, § 1306(a)(2), substituted ‘‘the Committee on Appropriations of the House of Rep- resentatives and the House Office Building Commis- sion’’ for ‘‘the House Office Building Commission’’. Subsec. (b)(3). Pub. L. 110–161, § 1306(a)(3), substituted ‘‘, for space to be leased for any other entity under sub- section (a).’’ for period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–161, div. H, title I, § 1306(b), Dec. 26, 2007, 121 Stat. 2243, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect as if included in the enactment of the Legislative Branch Appropriations Act, 2004 [Pub. L. 108–83].’’ § 1823. Acquisition of real property for Sergeant at Arms and Doorkeeper of the Senate (1) The Architect of the Capitol may acquire (through purchase, lease, transfer from another Federal entity, or otherwise) real property, for the use of the Sergeant at Arms and Doorkeeper of the Senate to support the operations of the Senate— (A) subject to the approval of the Committee on Rules and Administration of the Senate; and (B) subject to the availability of appropria- tions and upon approval of an obligation plan by the Committee on Appropriations of the Senate. (2) Subject to the approval of the Committee on Appropriations of the Senate, the Secretary of the Senate may transfer funds for the acquisi- tion or maintenance of any property under para- graph (1) from the account under the heading ‘‘Senate, Contingent Expenses of the Senate, Sergeant at Arms and Doorkeeper of the Sen- ate’’ to the account under the heading ‘‘Archi- tect of the Capitol, Senate Office Buildings’’. (3) This section shall apply with respect to fis- cal year 2007 and each fiscal year thereafter. (Pub. L. 109–289, div. B, title II, § 20701(b), as added Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 37.) Editorial Notes CODIFICATION Section is from the Continuing Appropriations Reso- lution, 2007. § 1823a. Acquisition of real property for Library of Congress (a) Permitting leasing of space Subject to the availability of funds, the Archi- tect of the Capitol may acquire real property by lease for the use of the Library of Congress in any State or the District of Columbia if— (1) the Architect of the Capitol and the Li- brarian of Congress submit a joint request for the Architect to lease the property to the Joint Committee on the Library and to the Committees on Appropriations of the House of Representatives and Senate; and (2) the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate each ap- prove the request. (b) Transfer of funds Subject to the approval of the Joint Com- mittee on the Library and the Committees on Appropriations of the House of Representatives and the Senate, the Architect of the Capitol and the Librarian of Congress may transfer between themselves appropriations or other available funds to pay the costs incurred in acquiring real property pursuant to the authority of this sec- tion and the costs of necessary expenses in- curred in connection with the acquisition of the property. (c) Limit on obligations No obligation entered into pursuant to the au- thority of this section shall be in advance of, or in excess of, available appropriations. (d) Effective date This section shall apply with respect to fiscal year 2009 and each succeeding fiscal year. (Pub. L. 111–8, div. G, title I, § 1102, Mar. 11, 2009, 123 Stat. 823.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2009, which is div. G of the Omnibus Appro- priations Act, 2009. § 1824. Energy and environmental measures in Capitol Complex Master Plan (a) In general To the maximum extent practicable, the Ar- chitect of the Capitol shall include energy effi- ciency and conservation measures, greenhouse gas emission reduction measures, and other ap- propriate environmental measures in the Cap- itol Complex Master Plan. (b) Report Not later than 6 months after December 19, 2007, the Architect of the Capitol shall submit to the Committee on Transportation and Infra- structure of the House of Representatives and the Committee on Rules and Administration of