2 U.S.C. § 2061 — Designation of play areas on Capitol

Page 463 TITLE 2—THE CONGRESS § 2061 REGULATIONS Pub. L. 116–21, § 1(b), June 12, 2019, 133 Stat. 903, pro- vided that: ‘‘(1) IN GENERAL.—The Director of the Office of Per- sonnel Management shall promulgate regulations to carry out this section [amending this section and en- acting provisions set out as a note under this section]. ‘‘(2) EFFECTIVE DATE.—The regulations promulgated under paragraph (1) shall take effect not later than 180 days after the date of enactment of this Act [June 12, 2019].’’ § 2052. Senate restaurant deficit fund; deposit of proceeds from surcharge on orders The Committee on Rules and Administration of the United States Senate is authorized and di- rected hereafter to add a minimum of 10 per cen- tum to each order in excess of 10 cents served in the Senate restaurants and 20 per centum to all orders served outside of said restaurants, and the proceeds accruing therefrom shall be placed in a fund to be used in the payment of any def- icit incurred in the management of such kitch- ens and restaurants. (May 18, 1937, ch. 223, § 1, 50 Stat. 173; Aug. 2, 1946, ch. 753, title I, § 102, 60 Stat. 814.) Editorial Notes CODIFICATION Section was formerly classified to section 121 of this title prior to editorial reclassification and renumbering as this section. 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 the amendment made by that act is effective Jan. 2, 1947. SUBCHAPTER IV—CHILD CARE § 2061. Designation of play areas on Capitol grounds for children attending day care cen- ter (a) Authority of Capitol Police Board Notwithstanding any other provision of law and subject to the provisions of paragraph (1) of subsection (b), the Capitol Police Board is au- thorized to designate certain portions of the Capitol grounds (other than a portion within the area bounded on the North by Constitution Ave- nue, on the South by Independence Avenue, on the East by First Street, and on the West by First Street) for use exclusively as play areas for the benefit of children attending a day care center which is established for the primary pur- pose of providing child care for the children of Members and employees of the Senate or the House of Representatives. (b) Required approval; fences; termination of au- thority (1) In the case of any such designation referred to in subsection (a) involving a day care center established for the benefit of children of Mem- bers and employees of the Senate, the designa- tion shall be with the approval of the Senate Committee on Rules and Administration, and in the case of such a center established for the ben- efit of children of Members and employees of the House of Representatives, the designation shall be with the approval of the House Committee on House Oversight, with the concurrence of the House Office Building Commission. (2) The Architect of the Capitol shall enclose with a fence any area designated pursuant to subsection (a) as a play area. (3) The authority to use an area designated pursuant to subsection (a) as a play area may be terminated at any time by the Committee which approved such designation. (c) Playground equipment; required approval Nothing in this or any other Act shall be con- strued as prohibiting any day care center re- ferred to in subsection (a) from placing play- ground equipment within an area designated pursuant to subsection (a) for use solely in con- nection with the operation of such center, sub- ject to, in the case of a day care center estab- lished for the benefit of children of Members and employees of the Senate, the approval of the Senate Committee on Rules and Administration, and in the case of such a center established for the benefit of children of Members and employ- ees of the House of Representatives, the ap- proval of the House Committee on House Over- sight, with the concurrence of the House Office Building Commission. (d) Day care center The day care center referred to in S. Res. 269, Ninety-eighth Congress, first session, is a day care center for which space may be designated under subsection (a) for use as a play area. (Pub. L. 98–392, § 3, Aug. 21, 1984, 98 Stat. 1362; Pub. L. 104–186, title II, § 221(14), Aug. 20, 1996, 110 Stat. 1750.) Editorial Notes REFERENCES IN TEXT S. Res. 269, Ninety-eighth Congress, first session, re- ferred to in subsec. (d), is dated Nov. 14, 1983, and reads as follows: ‘‘Resolved, That payment is authorized from the contingent fund of the Senate in an amount not to exceed $20,000 for the start-up costs, including the pro- curement of the services of individual consultants or organizations, for a Senate day care center, which shall be ready for occupancy by January 1, 1984. ‘‘SEC. 2. Payments under this resolution shall be paid from the appropriation account for ‘Miscellaneous Items’ in the contingent fund of the Senate upon vouchers approved by the chairman of the Committee on Rules and Administration. ‘‘SEC. 3. The Committee on Rules and Administration shall supervise any contract entered into on behalf of the Senate, under authority of this resolution. Such contract shall not be subject to the provisions of sec- tion 5 of title 41 of the United States Code [now 41 U.S.C. 6101] or any other provision of law requiring ad- vertising.’’ CODIFICATION Section was classified to section 214b 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. AMENDMENTS 1996—Subsecs. (b)(1), (c). Pub. L. 104–186 substituted ‘‘House Oversight’’ for ‘‘House Administration’’. Page 464 TITLE 2—THE CONGRESS § 2062 Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. § 2062. House of Representatives Child Care Cen- ter (a) Maintenance and operation; admission of children (1) The Chief Administrative Officer of the House of Representatives shall maintain and op- erate a child care center (to be known as the ‘‘House of Representatives Child Care Center’’) to furnish pre-school child care and (subject to the approval of regulations by the Committee on House Administration) child care for school age children other than during the course of the or- dinary school day— (A) for children of individuals whose pay is disbursed by the Chief Administrative Officer of the House of Representatives and children of support personnel of the House of Rep- resentatives; (B) if places are available after admission of all children who are eligible under subpara- graph (A), for children of individuals whose pay is disbursed by the Secretary of the Sen- ate and children of employees of agencies of the legislative branch; and (C) if places are available after admission of all children who are eligible under subpara- graph (A) or (B), for children of employees of other offices, departments, and agencies of the Federal Government. (2) Children shall be admitted to the center on a nondiscriminatory basis and without regard to any office or position held by their parents. (b) Advisory board; membership, functions, etc. (1)(A) The Speaker of the House of Representa- tives shall appoint 15 individuals (of whom 7 shall be upon recommendation of the minority leader of the House of Representatives), to serve without pay, as members of an advisory board for the center. The board shall— (i) provide advice to the Chief Administra- tive Officer on matters of policy relating to the administration and operation of the center (including the selection of the director of the center); (ii) be chosen from among Members of the House of Representatives, spouses of Members, parents of children enrolled in the center, and other individuals with expertise in child care or interest in the center; and (iii) serve during the Congress in which they are appointed, except that a member of the board may continue to serve after the expira- tion of a term until a successor is appointed. (B) The director of the center shall serve as an additional member of the board, ex officio and without the right to vote. (2) A vacancy on the board shall be filled in the manner in which the original appointment is made. (3) The chairman of the board shall be elected by the members of the board. (c) Duties of Chief Administrative Officer of House of Representatives In carrying out subsection (a), the Chief Ad- ministrative Officer is authorized— (1) to collect fees for child care services; (2) to accept such gifts of money and prop- erty as may be approved by the Chairman and the ranking minority party member of the Committee on House Oversight of the House of Representatives, acting jointly; and (3) to employ a director and other employees for the center. (d) Salaries and expenses; funding limits (1) There is established in the Treasury of the United States a revolving fund for the House of Representatives to be known as the ‘‘House Child Care Center Revolving Fund’’ (hereafter in this section referred to as the ‘‘Fund’’), con- sisting of the amounts received under subsection (c) and any other funds deposited by the Chief Administrative Officer of the House of Rep- resentatives from amounts received by the House of Representatives with respect to the op- eration of the center. Except as provided in paragraphs (2) and (3), the Fund shall be the ex- clusive source for all salaries and expenses for activities carried out under this section. (2) With respect to employees of the center, the House of Representatives shall make Gov- ernment contributions and payments for health insurance, retirement, employment taxes, and similar benefits and programs (including the subsidies provided on behalf of employees of the center as a result of reductions in the amount of tuition otherwise charged with respect to chil- dren of such employees under paragraph (4)) in the same manner as such contributions and pay- ments are made for other employees of the House of Representatives. (3) The House of Representatives shall make payments from amounts provided in appropria- tions acts for salaries and expenses of the Office of the Chief Administrative Officer for the fol- lowing activities carried out under this section: (A) The payment of the salary of the direc- tor of the center, and, at the option of the Chief Administrative Officer during an emer- gency situation, the payment of the salary of other employees of the Center. (B) The cost of training classes and con- ferences for individuals employed by the cen- ter in connection with the provision of child care services, together with the cost of travel (including transportation and subsistence) in- curred in connection with such classes and conferences. (C) During an emergency situation, the pay- ment of such other expenses for activities car- ried out under this section as the Chief Ad- ministrative Officer determines appropriate. (4) In the case of a child of an employee of the center who is furnished care at the center, the Chief Administrative Officer shall reduce the amount of tuition otherwise charged with re- spect to such child during a month by the great- er of— (A) 50 percent; or (B) such percentage as may be necessary to ensure that the total amount of tuition paid by the employee with respect to all children of