2 U.S.C. § 141 — Allocation of responsibilities for Library

Page 64 TITLE 2—THE CONGRESS § 141 1 So in original. Probably should be ‘‘forth’’. § 141. Allocation of responsibilities for Library buildings and grounds (a) Architect of the Capitol (1) In general The Architect of the Capitol shall have charge of all work at the Library of Congress buildings and grounds (as defined in section 167j of this title) that affects— (A) the structural integrity of the build- ings; (B) buildings systems, including mechan- ical, electrical, plumbing, and elevators; (C) the architectural features of the build- ings; (D) compliance with building and fire codes, laws, and regulations with respect to the specific responsibilities set for 1 under this paragraph; (E) the care and maintenance of Library grounds; and (F) purchase of all equipment necessary to fulfill the responsibilities set forth under this paragraph. (2) Employees The employees required for the performance of the duties under paragraph (1) shall be ap- pointed by the Architect of the Capitol. (b) Librarian of Congress The Librarian of Congress shall have charge of all work (other than work under subsection (a)) at the Library of Congress buildings and grounds. (c) Transfer of funds The Architect of the Capitol and the Librarian of Congress may enter into agreements with each other to perform work under this section, and, subject to the approval of the Committees on Appropriations of the House of Representa- tives and the Senate and the Joint Committee on the Library, may transfer between them- selves appropriations or other available funds to pay the costs therefor. (June 29, 1922, ch. 251, § 1, 42 Stat. 715; Pub. L. 91–280, June 12, 1970, 84 Stat. 309; Pub. L. 101–520, title II, § 205(b), Nov. 5, 1990, 104 Stat. 2272; Pub. L. 101–562, § 2(a), Nov. 15, 1990, 104 Stat. 2780; Pub. L. 108–7, div. H, title I, § 1208(a), Feb. 20, 2003, 117 Stat. 375.) Editorial Notes AMENDMENTS 2003—Pub. L. 108–7 inserted section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘The Architect of the Capitol shall have charge of all structural work at the Library of Con- gress buildings and grounds (as defined in section 167j of this title), including all necessary repairs, the oper- ation, maintenance, and repair of the mechanical plant and elevators, the care and maintenance of the grounds, and the purchasing of all equipment other than office equipment. The employees required for the performance of the foregoing duties shall be appointed by the Architect of the Capitol. All other duties on June 29, 1922, required to be performed by the Super- intendent of the Library Building and Grounds shall be performed under the direction of the Librarian of Con- gress, who shall appoint the employees necessary there- for. The Librarian of Congress shall provide for the pur- chase and supply of office equipment and furniture for library purposes.’’ 1990—Pub. L. 101–520 and Pub. L. 101–562 made sub- stantively identical amendments, substituting ref- erence to the Library of Congress buildings and grounds (as defined in section 167j of this title) for ref- erence to the Library Building and on the grounds. 1970—Pub. L. 91–280 substituted ‘‘purchasing of all equipment other than office equipment’’ for ‘‘pur- chasing and supplying of all furniture and equipment for the building’’ in second sentence and inserted sen- tence at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–7, div. H, title I, § 1208(b), Feb. 20, 2003, 117 Stat. 376, provided that: ‘‘The amendments made by this section [amending this section and section 142 of this title] shall apply to fiscal year 2003 and each fiscal year thereafter.’’ EFFECTIVE DATE OF 1990 AMENDMENTS Amendment by Pub. L. 101–520 and 101–562 effective on date [Nov. 6, 1991] Architect of the Capitol acquires the property and improvements described in Pub. L. 101–520, § 205(a), and Pub. L. 101–562, § 1, see section 205(e) of Pub. L. 101–520 and former section 2(d) of Pub. L. 101–562, set out as a Special Facilities Center; Acqui- sition note below. ACQUISITION OF REAL PROPERTY FOR LIBRARY OF CONGRESS Pub. L. 105–144, Dec. 15, 1997, 111 Stat. 2667, as amend- ed by Pub. L. 106–554, § 1(a)(2) [title II, § 207], Dec. 21, 2000, 114 Stat. 2763, 2763A–114; Pub. L. 108–83, title I, § 1203(a), Sept. 30, 2003, 117 Stat. 1031, provided that: ‘‘SECTION 1. ACQUISITION OF FACILITY IN CULPEPER, VIRGINIA. ‘‘(a) ACQUISITION.—The Architect of the Capitol may acquire on behalf of the United States Government by transfer of title, without reimbursement or transfer of funds, the following property: ‘‘(1) Three parcels totaling approximately 45 acres, more or less, located in Culpeper County, Virginia, and identified as Culpeper County Tax Parcel Num- bers 51–80B, 51–80C, and 51–80D, further described as real estate (consisting of 40.949 acres) conveyed to David and Lucile Packard Foundation by deed from Federal Reserve Bank of Richmond, dated May 15, 1998, and recorded May 19, 1998, in the Clerk’s Office, Circuit Court of Culpeper County, Virginia, in Deed Book 644, page 372; and real estate (consisting of 4.181 acres) conveyed to Packard Humanities Institute by deed from Russell H. Inskeep, dated February 13, 2002, and recorded February 13, 2002, in the Clerk’s Office, Circuit Court of Culpeper County, Virginia, as instru- ment number 020001299. ‘‘(2) Improvements to such real property. ‘‘(b) USES.—Effective on the date on which the Archi- tect of the Capitol acquires the property under sub- section (a), such property shall be available to the Li- brarian of Congress for use as a national audiovisual conservation center. ‘‘(c) TRANSFER PAYMENT BY ARCHITECT.—Notwith- standing the limitation on reimbursement or transfer of funds under subsection (a) of this section, the Archi- tect of the Capitol may, not later than 90 days after ac- quisition of the property under this section, transfer funds to the entity from which the property was ac- quired by the Architect of the Capitol. Such transfers may not exceed a total of $16,500,000. ‘‘SEC. 2. LIBRARY BUILDINGS AND GROUNDS. ‘‘[Amended section 167j of this title.] ‘‘SEC. 3. ACCEPTANCE OF TRANSFERRED GIFTS OR TRUST FUNDS. ‘‘Gifts or trust funds given to the Library or the Li- brary of Congress Trust Fund Board for the structural Page 65 TITLE 2—THE CONGRESS § 141 and mechanical work and refurbishment of Library buildings and grounds specified in section 1 shall be transferred to the Architect of the Capitol to be spent in accordance with the provisions of the first section of the Act of June 29, 1922 (2 U.S.C. 141). ‘‘SEC. 4. FUND FOR TRANSFERRED FUNDS. ‘‘There is established in the Treasury of the United States a fund consisting of those gifts or trust funds transferred to the Architect of the Capitol under sec- tion 3. Upon prior approval of the Committee on House Oversight [now Committee on House Administration] of the House of Representatives and Committee on Rules and Administration of the Senate, amounts in the fund shall be available to the Architect of the Capitol, sub- ject to appropriation, to remain available until ex- pended, for the structural and mechanical work and re- furbishment of Library buildings and grounds. Such funds shall be available for expenditure in fiscal year 1998, subject to the prior approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate. ‘‘SEC. 5. EFFECTIVE DATE. ‘‘(a) IN GENERAL.—Except as provided in subsection (b), the provisions of this Act shall take effect on the date of the enactment of this Act [Dec. 15, 1997]. ‘‘(b) SPECIAL RULE FOR INCLUSION OF PROPERTY WITH- IN LIBRARY BUILDINGS AND GROUNDS.—The amendment made by section 2 shall take effect upon the acquisition by the Architect of the Capitol of the property de- scribed in section 1.’’ TRANSFER OF PROPERTY BY SECRETARY OF ARMY TO PROVIDE FACILITIES TO ACCOMMODATE LONG-TERM STORAGE AND SERVICE NEEDS Pub. L. 103–110, § 122, Oct. 21, 1993, 107 Stat. 1043, pro- vided that: ‘‘(a) Notwithstanding any other provision of law, the Secretary of the Army shall transfer, no later than September 30, 1994, without reimbursement or transfer of funds, to the Architect of the Capitol, a portion of the real property, including improvements thereon, consisting of not more than 100 acres located at Fort George G. Meade in Anne Arundel County, Maryland, as determined under subsection (c). ‘‘(b) The Architect of the Capitol shall, upon comple- tion of the survey performed pursuant to subsection (c) and the transfer effected pursuant to subsection (a), utilize the transferred property to provide facilities to accommodate the varied long-term storage and service needs of the Library of Congress and other Legislative Branch agencies. ‘‘(c) The exact acreage and legal description of the property to be transferred under this section shall be determined by a survey satisfactory to the Architect of the Capitol and the Secretary of the Army, and in con- sultation with officials of Anne Arundel County, Mary- land. ‘‘(d) Any real property and improvements thereon transferred pursuant to this section shall be under the jurisdiction of the Architect of the Capitol, subject to the rules and regulations providing for the use of such property as may be approved by the House Office Build- ing Commission and the Senate Committee on Rules and Administration: Provided, That any existing im- provements made available by the Architect to the Li- brarian of Congress, under the direction of the Joint Committee on the Library, or hereafter erected upon such real property pursuant to law for the purposes of providing for the long-term storage and service needs of the Library of Congress shall be subject to the provi- sions of sections 136, 141 and 167 to 167j of title 2, United States Code. ‘‘(e) Portions of the real property and any improve- ments thereon transferred pursuant to this section that are not determined to be immediately required for stor- age or service needs by the Architect are authorized to be leased temporarily to the Secretary of the Army: Provided, That nominal lease payments made by the Secretary of the Army shall be credited to the appro- priation ‘Architect of the Capitol, Library Buildings and Grounds, Structural and Mechanical Care, No Year’. ‘‘(f) There are authorized to be appropriated to the Architect of the Capitol such sums as may be necessary to carry out the provisions of this section.’’ SPECIAL FACILITIES CENTER; TEMPORARY RESTRICTION ON EVENING USE Pub. L. 102–451, § 4, Oct. 23, 1992, 106 Stat. 2253, pro- vided that: ‘‘No evening meetings may be held at the Library of Congress Special Facilities Center until an on-site parking plan for the property is approved by the Joint Committee on the Library.’’ SPECIAL FACILITIES CENTER; ACQUISITION Pub. L. 101–520, title II, § 205, Nov. 5, 1990, 104 Stat. 2272, as amended by Pub. L. 102–451, §§ 1–3, Oct. 23, 1992, 106 Stat. 2253, provided that: ‘‘(a) The Architect of the Capitol may acquire on be- half of the United States Government by purchase, con- demnation, transfer, or otherwise (1) all publicly or pri- vately owned real property in lot 51 in square 869 in the District of Columbia, as that lot appears on the records in the office of the Surveyor of the District of Columbia on August 1, 1990, extending to the outer face of the curbs of the square in which it is located and including all alleys or parts of alleys and streets within the lot lines and curb lines surrounding such real property, and (2) improvements to such real property. The prop- erty acquired under this section shall be known as the ‘Library of Congress Special Facilities Center’ (herein- after in this section referred to as the ‘Center’). ‘‘(b) [Amended section 141 of this title.] ‘‘(c) The property and improvements acquired under subsection (a) shall be repaired and altered, to the max- imum extent feasible as determined by the Architect of the Capitol, in compliance with one of the nationally recognized model building codes and with other appli- cable nationally recognized codes (including electrical codes, fire and life safety codes, plumbing codes, as de- termined appropriate by the Architect), using the lat- est edition of the nationally recognized codes referred to in this paragraph. ‘‘(d) [Amended section 167j of this title.] ‘‘(e) Subsections (b) and (c) and the amendment made by subsection (d) shall take effect on the date [Nov. 6, 1991] the Architect of the Capitol acquires the property and improvements described in subsection (a). ‘‘(f) There is authorized to be appropriated to the Ar- chitect of the Capitol $5,000,000 for carrying out the purposes of this section, to remain available until ex- pended. ‘‘(g) Effective on the date [Nov. 6, 1991] on which the Architect of the Capitol acquires the property known as St. Cecilia’s School (Lot 51 in square 869) in the Dis- trict of Columbia, as provided by law, such property shall be available to the Librarian of Congress for use— ‘‘(1) as a day care center for children of employees of the Library of Congress and children of other em- ployees of the legislative branch of the Government; ‘‘(2) for staff training and development for employ- ees of the Library of Congress; ‘‘(3) for external training; ‘‘(4) for general assembly and education programs of the Library; ‘‘(5) for temporary living quarters and common areas for visiting scholars using the collections of the Library or participating in the programs of the Li- brary; and ‘‘(6) for other purposes relating to the operations of the Library of Congress. Any use of such property shall be subject to approval by the Joint Committee on the Library, the Committee on House Administration of the House of Representa- tives, and the Committee on Rules and Administration of the Senate. Page 66 TITLE 2—THE CONGRESS § 141a ‘‘(h)(1) The Librarian of Congress— ‘‘(A) may charge fees for use of the Center under paragraphs (3), (4), and (5) of subsection (g); and ‘‘(B) shall deposit the fees in the fund under para- graph (2). ‘‘(2) There is established in the Treasury a fund which shall consist of amounts deposited under paragraph (1) and such other amounts as may be appropriated to the fund. The fund shall be— ‘‘(A) available to the Librarian of Congress, in amounts specified in appropriations Acts, for the ex- penses of the Center; and ‘‘(B) subject to audit by the Comptroller General at the discretion of the Comptroller General.’’ Similar provisions were contained in Pub. L. 101–562, §§ 1, 2, 4, Nov. 15, 1990, 104 Stat. 2780, 2781, which was re- pealed by Pub. L. 102–451, § 5, Oct. 23, 1992, 106 Stat. 2254, eff. Nov. 15, 1990. ADDITIONAL BUILDING FOR LIBRARY OF CONGRESS Pub. L. 86–469, May 14, 1960, 74 Stat. 132, authorized Architect of the Capitol, under direction and super- vision of Joint Committee on the Library, to prepare preliminary plans and estimates of cost for an addi- tional building for Library of Congress. LIBRARY OF CONGRESS THOMAS JEFFERSON BUILDING Pub. L. 104–208, div. A, title V, § 5402, Sept. 30, 1996, 110 Stat. 3009–511, provided that: ‘‘The Founders Hall in- structional area in the House of Representatives Page School, located in the Thomas Jefferson Building of the Library of Congress, shall be known and designated as ‘Bill Emerson Hall’.’’ Pub. L. 96–269, § 1, June 13, 1980, 94 Stat. 486, provided: ‘‘That the building in the block bounded by East Cap- itol Street, Second Street Southeast, Independence Av- enue Southeast, and First Street Southeast, in the Dis- trict of Columbia (commonly known as the Library of Congress Building or the Library of Congress Main Building), shall hereafter be known and designated as the ‘Library of Congress Thomas Jefferson Building’. Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the Library of Congress Thomas Jefferson Building.’’ Pub. L. 94–264, Apr. 13, 1976, 90 Stat. 329, which had designated the Library of Congress Annex as the Li- brary of Congress Thomas Jefferson Building, was re- pealed by Pub. L. 96–269, § 3, June 13, 1980, 94 Stat. 486, as part of the redesignation of that building as the Li- brary of Congress John Adams Building and the des- ignation of the main building of the Library of Con- gress as the Library of Congress Thomas Jefferson Building. LIBRARY OF CONGRESS JOHN ADAMS BUILDING Pub. L. 96–269, § 2, June 13, 1980, 94 Stat. 486, provided that: ‘‘The building in the block bounded by East Cap- itol Street, Second Street Southeast, Third Street Southeast, and Pennsylvania Avenue Southeast, in the District of Columbia (commonly known as the Library of Congress Thomas Jefferson Building or the Library of Congress Annex Building), shall hereafter be known and designated as the ‘Library of Congress John Adams Building’. Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the Library of Congress John Adams Building.’’ LIBRARY OF CONGRESS JAMES MADISON MEMORIAL BUILDING Pub. L. 91–214, § 2, Mar. 16, 1970, 84 Stat. 69, provided that: ‘‘Nothing contained in the Act of October 19, 1965 (79 Stat. 986) [set out as a note under this section], shall be construed to authorize the use of the third Library of Congress building authorized by such Act for general office building purposes.’’ Pub. L. 89–260, Oct. 19, 1965, 79 Stat. 987, as amended by Pub. L. 91–214, § 1, Mar. 16, 1970, 84 Stat. 69; Pub. L. 94–219, Feb. 27, 1976, 90 Stat. 194; Pub. L. 95–548, Oct. 30, 1978, 92 Stat. 2064, provided: ‘‘That (a) the Architect of the Capitol under the direction jointly of the House Of- fice Building Commission, the Senate Office Building Commission, and the Joint Committee on the Library, after consultation with a committee designated by the American Institute of Architects, is authorized and di- rected to construct (including, but not limited to, the preparation of all necessary designs, plans, and speci- fications) in square 732 in the District of Columbia a third Library of Congress fireproof building, which shall be known as the Library of Congress James Madi- son Memorial Building. The design of such building shall include a Madison Memorial Hall and shall be in keeping with the prevailing architecture of the Federal buildings on Capitol Hill. The Madison Memorial Hall shall be developed in consultation with the James Madison Memorial Commission. ‘‘(b) In carrying out his authority under this joint resolution, the Architect of the Capitol, under the di- rection jointly of the House Office Building Commis- sion, the Senate Office Building Commission, and the Joint Committee on the Library, is authorized (1) to provide for such equipment, such connections with the Capitol Power Plant and other utilities, such access fa- cilities over or under public streets, such changes in the present Library of Congress buildings, such changes in or additions to the present tunnels, and such other appurtenant facilities, as may be necessary, and (2) to do such landscaping as may be necessary by reason of the construction authorized by this joint resolution. ‘‘SEC. 2. The structural and mechanical care of the building authorized by this joint resolution and the care of the surrounding grounds shall be under the Ar- chitect of the Capitol. ‘‘SEC. 3. There is hereby authorized to be appro- priated not to exceed $130,675,000 to construct the build- ing authorized by this joint resolution (including the preparation of all necessary designs, plans, and speci- fications). ‘‘There is also authorized to be appropriated not ex- ceeding $10,000 to pay the expenses of the James Madi- son Memorial Commission.’’ § 141a. Design, installation, and maintenance of security systems; transfer of responsibility The responsibility for design, installation, and maintenance of security systems to protect the physical security of the buildings and grounds of the Library of Congress is transferred from the Architect of the Capitol to the Capitol Police Board. Such design, installation, and mainte- nance shall be carried out under the direction of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, and without regard to section 6101 of title 41. Any alteration to a structural, mechanical, or architectural feature of the buildings and grounds of the Li- brary of Congress that is required for a security system under the preceding sentence may be carried out only with the approval of the Archi- tect of the Capitol. (Pub. L. 105–277, div. B, title II, Oct. 21, 1998, 112 Stat. 2681–570.) Editorial Notes CODIFICATION In text, ‘‘section 6101 of title 41’’ substituted for ‘‘sec- tion 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 Omnibus Consolidated and Emer- gency Supplemental Appropriations Act, 1999.