2 U.S.C. § 1831 — Human resources program

Page 393 TITLE 2—THE CONGRESS § 1831 (3) the Committee on Rules and Administra- tion of the Senate and the House Office Build- ing Commission for easements granted on any other property. (g) Effective date This section shall apply to fiscal year 2008 and each fiscal year thereafter. (Pub. L. 110–161, div. H, title I, § 1307, Dec. 26, 2007, 121 Stat. 2243.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2008, which is div. H of the Consolidated Ap- propriations Act, 2008. § 1827. Support and maintenance during emer- gencies (a) During an emergency involving the safety of human life or the protection of property, as determined or declared by the Capitol Police Board, the Architect of the Capitol— (1) may accept contributions of comfort and other incidental items and services to support employees of the Office of the Architect of the Capitol while such employees are on duty in response to the emergency; and (2) may incur obligations and make expendi- tures out of available appropriations for meals, refreshments, and other support and maintenance for the Office of the Architect of the Capitol if, in the judgment of the Archi- tect, such obligations and expenditures are necessary to respond to the emergency. (b) This section shall apply with respect to fis- cal year 2010 and each succeeding fiscal year. (Pub. L. 111–68, div. A, title I, § 1305, Oct. 1, 2009, 123 Stat. 2035.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2010, which is div. A of Pub. L. 111–68. SUBCHAPTER III—PERSONNEL PART A—GENERAL § 1831. Human resources program (a) Short title This section may be cited as the ‘‘Architect of the Capitol Human Resources Act’’. (b) Finding and purpose (1) Finding The Congress finds that the Office of the Ar- chitect of the Capitol should develop human resources management programs that are con- sistent with the practices common among other Federal and private sector organiza- tions. (2) Purpose It is the purpose of this section to require the Architect of the Capitol to establish and maintain a personnel management system that incorporates fundamental principles that exist in other modern personnel systems. (c) Personnel management system (1) Establishment The Architect of the Capitol shall establish and maintain a personnel management sys- tem. (2) Requirements The personnel management system shall at a minimum include the following: (A) A system which ensures that appli- cants for employment and employees of the Architect of the Capitol are appointed, pro- moted, and assigned on the basis of merit and fitness after fair and equitable consider- ation of all applicants and employees through open competition. (B) An equal employment opportunity pro- gram which includes an affirmative employ- ment program for employees and applicants for employment, and procedures for moni- toring progress by the Architect of the Cap- itol in ensuring a workforce reflective of the diverse labor force. (C) A system for the classification of posi- tions which takes into account the dif- ficulty, responsibility, and qualification re- quirements of the work performed, and which conforms to the principle of equal pay for substantially equal work. (D) A program for the training of Archi- tect of the Capitol employees which has among its goals improved employee perform- ance and opportunities for employee ad- vancement. (E) A formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective cri- teria for all Architect of the Capitol employ- ees. (F) A fair and equitable system to address unacceptable conduct and performance by Architect of the Capitol employees, includ- ing a general statement of violations, sanc- tions, and procedures which shall be made known to all employees, and a formal griev- ance procedure. (G) A program to provide services to deal with mental health, alcohol abuse, drug abuse, and other employee problems, and which ensures employee confidentiality. (H) A formal policy statement regarding the use and accrual of sick and annual leave which shall be made known to all employees, and which is consistent with the other re- quirements of this section. (d) Implementation of personnel management system (1) Development of plan The Architect of the Capitol shall— (A) develop a plan for the establishment and maintenance of a personnel manage- ment system designed to achieve the re- quirements of subsection (c); (B) submit the plan to the Speaker of the House of Representatives, the House Office Building Commission, the Committee on Rules and Administration of the Senate, the Joint Committee on the Library, and the Committees on Appropriations of the Senate and the House of Representatives not later than 12 months after July 22, 1994; and Page 394 TITLE 2—THE CONGRESS § 1831 (C) implement the plan not later than 90 days after the plan is submitted to the Speaker of the House of Representatives, the House Office Building Commission, the Com- mittee on Rules and Administration of the Senate, the Joint Committee on the Library, and the Committees on Appropriations of the Senate and the House of Representa- tives, as specified in subparagraph (B). (2) Evaluation and reporting The Architect of the Capitol shall develop a system of oversight and evaluation to ensure that the personnel management system of the Architect of the Capitol achieves the require- ments of subsection (c) and complies with all other relevant laws, rules and regulations. The Architect of the Capitol shall report to the Speaker of the House of Representatives, the House Office Building Commission, the Com- mittee on Rules and Administration of the Senate, and the Joint Committee on the Li- brary on an annual basis the results of its evaluation under this subsection. (3) Application of laws Nothing in this section shall be construed to alter or supersede any other provision of law otherwise applicable to the Architect of the Capitol or its employees, unless expressly pro- vided in this section. (Pub. L. 103–283, title III, § 312, July 22, 1994, 108 Stat. 1443; Pub. L. 104–1, title V, § 504(c)(1), Jan. 23, 1995, 109 Stat. 41.) Editorial Notes CODIFICATION Section was classified to section 166b–7 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 comprised of section 312 of Pub. L. 103–283. Subsec. (f) of section 312 of Pub. L. 103–283 amended sec- tions 60m, 1201, 1205, and 1212 of this title. AMENDMENTS 1995—Subsec. (e). Pub. L. 104–1 struck out subsec. (e) which related to processing of discrimination com- plaints. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 104–1, title V, § 504(c)(1), Jan. 23, 1995, 109 Stat. 41, provided in part that subsec. (e) of this section is re- pealed, except as provided in section 1435 of this title. FLEXIBLE WORK SCHEDULES Pub. L. 110–161, div. H, title I, § 1302, Dec. 26, 2007, 121 Stat. 2242, as amended by Pub. L. 110–437, § 505(a), Oct. 20, 2008, 122 Stat. 4998, provided authority, through Sept. 30, 2010, to the Architect of the Capitol to estab- lish and conduct a pilot program to test flexible work schedules within the Architect of the Capitol and Bo- tanic Garden in accordance with chapter 61 of Title 5, United States Code. TEMPORARY EMPLOYEES; BENEFITS Pub. L. 108–83, title I, § 1101(b)–(d), Sept. 30, 2003, 117 Stat. 1027, provided that: ‘‘(b) Any individual who exercised an option offered by the Architect of the Capitol under section 133(a)(2) of the Legislative Branch Appropriations Act, 2002 [Pub. L. 107–68, set out below], prior to the date of the enactment of this Act [Sept. 30, 2003] may revoke the option during the 90-day period which begins on the date of the enactment of this Act. ‘‘(c) The amendments made by subsection (a) [amend- ing Pub. L. 107–68, § 133(a), set out below] shall take ef- fect as if included in the enactment of section 133(a) of the Legislative Branch Appropriations Act, 2002. ‘‘(d) Notwithstanding any other provision of law, upon enactment of this Act the Architect of the Capitol shall take all steps which may be required to carry out section 133(a) of the Legislative Branch Appropriations Act, 2002 [Pub. L. 107–68, set out as a note below].’’ Pub. L. 107–68, title I, § 133(a), Nov. 12, 2001, 115 Stat. 581, as amended by Pub. L. 108–83, title I, § 1101(a), Sept. 30, 2003, 117 Stat. 1027, provided that: ‘‘(1) Except as provided in paragraph (2), none of the funds provided by this Act or any other Act may be used by the Architect of the Capitol after the expira- tion of the 90-day period which begins on the date of the enactment of this Act [Nov. 12, 2001] to employ any individual as a temporary employee within a category of temporary employment which does not provide em- ployees with the same eligibility for life insurance, health insurance, retirement, and other benefits which is provided to temporary employees who are hired for a period exceeding 1 year in length. ‘‘(2) Paragraph (1) shall not apply with respect to any of the following individuals: ‘‘(A) An individual who is employed under the Ar- chitect of the Capitol Summer Employment Pro- gram. ‘‘(B) An individual who is hired for a total of 120 days or less during any 5-year period (excluding any days in which the individual is employed under the Architect of the Capitol Summer Employment Pro- gram). ‘‘(C) An individual employed by the Architect of the Capitol as a temporary employee as of the date of the enactment of this Act [Nov. 12, 2001] who exercises in writing, not later than 90 days after such date, an op- tion offered by the Architect to remain under the pay system (including benefits) provided for the indi- vidual as of such date. ‘‘(D) An individual who becomes employed by the Architect of the Capitol after the date of the enact- ment of this Act [Nov. 12, 2001] who exercises in writ- ing, prior to the individual’s employment, an option offered by the Architect to receive pay and benefits under an alternative system which does not provide the benefits described in paragraph (1), except that under such an option the Architect shall be required to provide the individual with the benefits described in paragraph (1) as soon as the individual’s period of service as a temporary employee exceeds 1 year in length. ‘‘(E) An individual who is covered by a collective bargaining agreement entered into by the Architect of the Capitol establishing terms and conditions of employment which include eligibility for life insur- ance, health insurance, retirement, and other bene- fits. ‘‘(3) Nothing in this subsection may be construed to require the Architect of the Capitol to provide duplica- tive benefits for any employee. ‘‘(4) The Architect of the Capitol shall make em- ployer contributions for benefits for employees of the Architect (including temporary employees) directly to any third party designated to receive such contribu- tions on behalf of the employees under a collective bar- gaining agreement, participation agreement, or any other arrangement entered into by the Architect which provides for such contributions.’’ TREATMENT OF SEPARATED EMPLOYEES OF ARCHITECT OF CAPITOL Pub. L. 105–55, title III, § 310, Oct. 7, 1997, 111 Stat. 1199, as amended by Pub. L. 105–275, title III, § 308(b)–(d), Oct. 21, 1998, 112 Stat. 2452, 2453; Pub. L. 106–57, title III, § 308, Sept. 29, 1999, 113 Stat. 427, provided early retire- Page 395 TITLE 2—THE CONGRESS § 1835 ment benefits, voluntary separation incentive pay- ments, competitive service treatment, and retraining, job placement, and counseling services to certain em- ployees of the Office of the Architect of the Capitol. § 1832. Assignment and reassignment of per- sonnel Notwithstanding any other provisions of law, in order to improve the economic use of the per- sonal services of his employees, the Architect of the Capitol is authorized on and after October 12, 1979, to assign and reassign, without increase or decrease in basic salary or wages, any person on the employment rolls of his Office, for per- sonal services in any buildings, facilities or grounds under his jurisdiction or for personal services in connection with any project under his jurisdiction for which appropriations have been made and are available, whenever such ac- tion, in his opinion, will be most advantageous to the interest of or result in either specific or overall savings to the Government. Exceptions may be made where there are differences in equipment. No assignment or reassignment of personnel by the Architect of the Capitol pursu- ant to this provision shall operate in any respect to augment or decrease any general or specific appropriation. (Pub. L. 96–86, § 101(c), Oct. 12, 1979, 93 Stat. 657; Pub. L. 100–202, § 106, Dec. 22, 1987, 101 Stat. 1329–433.) Editorial Notes CODIFICATION Section was classified to section 166b–6 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 102 of title I of H.R. 4390 (Legislative Branch Appropriation Act, 1980), as incor- porated by reference by section 101(c) of Pub. L. 96–86, and enacted into law by section 106 of Pub. L. 100–202. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–202, § 106, Dec. 22, 1987, 101 Stat. 1329–433, provided in part that this section is effective on date of enactment [Oct. 12, 1979] of the ‘‘pertinent joint resolu- tion’’ making continuing appropriations for fiscal year 1980 [Pub. L. 96–86]. § 1833. Lighting, heating, and ventilating House of Representatives The electrician, together with everything per- taining to the electrical machinery and appa- ratus, and the ventilation and heating of the House of Representatives, and all laborers and others connected with the lighting, heating, and ventilating thereof, shall be subject exclusively to the orders, and in all respects under the di- rection, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his ap- proval. And all engineers and others who are en- gaged in heating and ventilating the House shall be subject to the orders, and in all respects under the direction, of the Architect of the Cap- itol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. (Mar. 3, 1877, ch. 105, 19 Stat. 348; Mar. 3, 1881, ch. 130, § 1, 21 Stat. 388.) Editorial Notes CODIFICATION Section was classified to section 167 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, except the words ‘‘and the ventilation and heating of the House of Representatives,’’ is based on act Mar. 3, 1881, popularly known as the ‘‘Legislative, Executive, and Judicial Appropriation Act’’. The ex- cepted words were based on act Mar. 3, 1877, popularly known as the ‘‘Sundry Civil Appropriation Act, fiscal year 1878’’. 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. § 1834. Heating and ventilating Senate wing All engineers and others who are engaged in heating and ventilating the Senate wing of the Capitol shall be subject to the orders and in all respects under the direction of the Architect of the Capitol, subject to the approval of the Sen- ate Committee on Rules and Administration. (July 11, 1888, ch. 615, 25 Stat. 258; Aug. 2, 1946, ch. 753, title I, § 102, title II, § 224, 60 Stat. 814, 838.) Editorial Notes CODIFICATION Section was classified to section 168 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 act July 11, 1888, popularly known as the ‘‘Legislative, Executive, and Judicial Appropria- tion Act July 11, 1888, fiscal year 1889’’. AMENDMENTS 1946—Act Aug. 2, 1946, substituted ‘‘Committee on Rules and Administration’’ for ‘‘Committee on Rules’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1946 AMENDMENT Act Aug. 2, 1946, ch. 753, title I, § 142, 60 Stat. 834, pro- vided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of title II of that act, 60 Stat. 839, provided that section 224 thereof shall ‘‘take effect on the day on which the Eightieth Congress con- venes’’. The Eightieth Congress convened on Jan. 3, 1947. § 1835. Interagency details (a) Authorizing details of employees under joint agency agreements In addition to any other authority relating to the detail of employees, the Architect of the Capitol and the head of any other department, agency, or instrumentality of the United States Government may enter into a joint agency agreement under which— (1) employees of the Office of the Architect of the Capitol (including employees of the