United States Code

§ 141. Duties of Architect of the Capitol and Librarian of Congress

The Architect of the Capitol shall have charge of all structural work at the Library of Congress buildings and grounds (as defined in section 167j of this title), including all necessary repairs, the operation, 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 Superintendent of the Library Building and Grounds shall be performed under the direction of the Librarian of Congress, who shall appoint the employees necessary therefor. The Librarian of Congress shall provide for the purchase and supply of office equipment and furniture for library purposes.

(As amended Nov. 5, 1990, Pub. L. 101-520, title II, § 205(b), 104 Stat. 2272; Nov. 15, 1990, Pub. L. 101-562, § 2(a), 104 Stat. 2780.)

AMENDMENTS

1990-Pub. L. 101-520 and Pub. L. 101-562 made substantively identical amendments, substituting reference to the Library of Congress buildings and grounds (as defined in section 167j of this title) for reference to the Library Building and on the grounds.

EFFECTIVE DATE OF 1990 AMENDMENTS Amendment by Pub. L. 101-562 and 101-520 effective on date [Nov. 6, 1991] Architect of the Capitol acquires the property and improvements described in Pub. L. 101-562, § 1, and Pub. L. 101-520, § 205(a), see sections 2(d) of Pub. L. 101-562 and 205(e) of Pub. L. 101-520, set out as a Special Facilities Center note below.

SPECIAL FACILITIES CENTER

Pub. L. 101-562, Nov. 15, 1990, 104 Stat. 2780, provided that:

“SECTION 1. ACQUISITION OF SPECIAL FACILITIES CENTER.

"The Architect of the Capitol may acquire on behalf of the United States Government by purchase, con

demnation, transfer, or otherwise (A) all publicly or privately 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 (B) improvements to such real property.

"SEC. 2. REPAIR, ALTERATION, AND EXEMPTIONS.

"(a) REPAIRS AND ALTERATIONS.—[Amended section 141 of this title.]

“(b) REPAIR AND ALTERATION STANDARDS.-The property and improvements acquired under section 1 shall be repaired and altered, to the maximum extent feasible as determined by the Architect of the Capitol, in compliance with one of the nationally recognized model building codes and with other applicable nationally recognized codes (including electrical codes, fire and life safety codes, plumbing codes, as determined appropriate by the Architect), using the latest edition of the nationally recognized codes referred to in this paragraph.

"(c) LIBRARY BUILDINGS AND GROUNDS.—[Amended section 167j of this title.]

“(d) EFFECTIVE DATE.-Subsections (a) and (b) and the amendment made by subsection (c) shall take effect on the date [Nov. 6, 1991] the Architect of the Capitol acquires the property and improvements described in section 1.

"SEC. 3. PENALTY.

[Amended section 167g of this title.]

"SEC. 4. AUTHORIZATION OF APPROPRIATION. "There is authorized to be appropriated to the Architect of the Capitol $5,000,000 for carrying out the purposes of this Act, to remain available until expended."

Similar provisions were contained in Pub. L. 101-520, title II, § 205, Nov. 5, 1990, 104 Stat. 2272. § 142. Omitted

CODIFICATION

Section, acts June 29, 1922, ch. 251, § 1, 42 Stat. 715; Nov. 5, 1990, Pub. L. 101-520, title III, § 307, 104 Stat. 2277, established office of administrative assistant and disbursing officer of Library of Congress which was abolished by section 142a of this title.

§ 142f. Office of Technology Assessment; disbursement of funds, computation and disbursement of basic pay, and provision of financial management support by Library of Congress

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 142h, 142j of this title.

§ 142h. Biomedical Ethics Board; disbursement of funds, computation and disbursement of basic pay, and provision of financial management services and support by Library of Congress Effective October 1, 1988, and to continue thereafter, the Disbursing Officer of the Library of Congress is authorized to

(1) disburse funds appropriated for the Biomedical Ethics Board;

(2) compute and disburse the basic pay for all personnel of the Biomedical Ethics Board; and

(3) provide financial management services and support to the Biomedical Ethics Board,

in the same manner as provided with respect to the Office of Technology Assessment under section 142f of this title.

(Pub. L. 101-163, title I, Nov. 21, 1989, 103 Stat. 1054.)

SIMILAR PROVISIONS

Similar provisions were contained in the following prior appropriation act:

Pub. L. 100-458, title I, Oct. 1, 1988, 102 Stat. 2168.

§ 1421. United States Capitol Preservation Commission; provision of financial management services and support by Library of Congress

Effective June 15, 1989, the Library of Congress shall provide financial management services and support to the United States Capitol Preservation Commission as may be required and mutually agreed to by the Librarian of Congress and the Cochairmen of the United States Capitol Preservation Commission.

(Pub. L. 101-45, title I, June 30, 1989, 103 Stat. 107.)

§ 142j. John C. Stennis Center for Public Service Training and Development; disbursement of funds, computation and disbursement of basic pay, and provision of financial management services and support by Library of Congress; payment for services

From and after October 1, 1988, the Library of Congress is authorized to

(1) disburse funds appropriated for the John C. Stennis Center for Public Service Training and Development;

(2) compute and disburse the basic pay for all personnel of the John C. Stennis Center for Public Service Training and Development;

(3) provide financial management services and support to the John C. Stennis Center for Public Service Training and Development, in the same manner as provided with respect to the Office of Technology Assessment under section 142f of this title; and

(4) collect from the funds appropriated for the John C. Stennis Center for Public Service Training and Development the full costs of providing the services specified in (1), (2), and (3) above, as provided under an agreement for services ordered under 31 U.S.C. 1535 and 1536.

(Pub. L. 101-163, title II, § 205, Nov. 21, 1989, 103 Stat. 1060.)

§ 166. Congressional Research Service

REFERENCES IN OTHER LAWS TO GS-16, 17, or 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5.

COMPENSATION OF DIRECTOR OF CONGRESSIONAL
RESEARCH SERVICE

Pub. L. 102-90, title I, Aug. 14, 1991, 105 Stat. 460, provided: "That notwithstanding any other provisions of law, the compensation of the Director of the Congressional Research Service, Library of Congress, shall be at an annual rate which is equal to the annual rate of basic pay for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 101-520, title I, Nov. 5, 1990, 104 Stat. 2269. Pub. L. 101-163, title I, Nov. 21, 1989, 103 Stat. 1057.

§ 167g. Prosecution and punishment of offenses in Library buildings and grounds

Whoever violates any provision of sections 167a to 167e of this title, or of any regulation prescribed under section 167f of this title, commits a Class B misdemeanor, prosecution for such offenses to be had in the Superior Court of the District of Columbia upon information by the United States attorney or any of his assistants: Provided, That in any case where, in the commission of any such offense, public property is damaged in an amount exceeding $100, the person commits a Class D felonly. (As amended Nov. 15, 1990, Pub. L. 101-562, § 3, 104 Stat. 2781.)

AMENDMENTS

1990-Pub. L. 101-562 substituted "commits a Class B misdemeanor" for "shall be fined not more than $100 or imprisoned not more than sixty days, or both" and "the person commits a Class D felony" for "the period of imprisonment for the offense may not be more than five years".

§ 167j. Area comprising Library of Congress grounds; “buildings and grounds” defined

[See main edition for text of (a) and (b)]

(c) For the purpose of sections 167 to 167j of this title, the term "Library of Congress buildings and grounds" shall include (1) all real

§ 142k. Library of Congress disbursing office; payroll property in lot 51 in square 869 in the District processing functions

From and after October 1, 1989, the Librarian of Congress shall take appropriate action to assure that no legislative branch employee whose salary is disbursed by the Library of Congress disbursing office is adversely affected by alternative ways of performing the personnel/payroll processing function.

(Pub. L. 101-163, title II, § 206, Nov. 21, 1989, 103 Stat. 1060.)

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.

(As amended Nov. 5, 1990, Pub. L. 101-520, title II, § 205(d), 104 Stat. 2272; Nov. 15, 1990, Pub. L. 101-562, § 2(c), 104 Stat. 2780.)

AMENDMENTS

1990-Subsec. (c). Pub. L. 101-520 and Pub. L. 101-562 made substantively identical amendments, adding subsec. (c).

EFFECTIVE Date of 1990 AMENDMENTS Amendment by Pub. L. 101-562 and Pub. L. 101-520 effective on date [Nov. 6, 1991] Architect of the Capitol acquires the property and improvements described in Pub. L. 101-562, § 1, and Pub. L. 101-520, § 205(a), see sections 2(d) of Pub. L. 101-562 and 205(e) of Pub. L. 101-520, set out as a Special Facilities Center note under section 141 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 141 of this title; title 40 section 136.

§ 178g. National Film Preservation Board

REFERENCES IN TEXT

Section 5311(b) of title 5, referred to in subsec. (c)(2), was repealed by Pub. L. 101-509, title V, § 529 [title I, § 104(c)(1)], Nov. 5, 1990, 104 Stat. 1427, 1447.

§ 178h. Staff of Board; experts and consultants REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

(As amended Pub. L. 101-194, title VII, § 701(a), Nov. 30, 1989, 103 Stat. 1763.)

AMENDMENTS

1989-Pub. L. 101-194 substituted "Citizens' Commission on Public Service and Compensation" for "Commission on Executive, Legislative, and Judicial Salaries".

§ 352. Membership

(1) The Commission shall be composed of 11 members, who shall be appointed from private life as follows:

(A) 2 appointed by the President of the United States;

(B) 1 appointed by the President pro tempore of the Senate, upon the recommendation of the majority and minority leaders of the Senate;

(D) 2 appointed by the Chief Justice of the United States; and

(E) 5 appointed by the Administrator of General Services in accordance with paragraph (4).

(2) No person shall serve as a member of the Commission who is

(A) an officer or employee of the Federal Government;

(B) registered (or required to register) under the Federal Regulation of Lobbying Act [2 U.S.C. 261 et seq.]; or

(3) The persons appointed under subparagraphs (A) through (D) of paragraph (1) shall be selected without regard to political affiliation, and should be selected from among persons who have experience or expertise in such areas as government, personnel management, or public administration.

(4) The Administrator of General Services shall by regulation establish procedures under which persons shall be selected for appointment under paragraph (1)(E). Such procedures

(A) shall be designed in such a way so as to provide for the maximum degree of geographic diversity practicable among members under paragraph (1)(E);

(B) shall include provisions under which those members shall be chosen by lot from among names randomly selected from voter registration lists; and

(5) The chairperson shall be designated by the President.

(6) A vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made.

(7) Each member of the Commission shall be paid at the rate of $100 for each day such member is engaged upon the work of the Commission and shall be allowed travel expenses, including a per diem allowance, in accordance with section 5703 of title 5, when engaged in

the performance of services for the Commission.

(8)(A) The terms of office of persons first appointed as members of the Commission shall be for the period of the 1993 fiscal year of the Federal Government, and shall begin not later than February 14, 1993.

(B) After the close of the 1993 fiscal year of the Federal Government, persons shall be appointed as members of the Commission with respect to every fourth fiscal year following the 1993 fiscal year. The terms of office of persons so appointed shall be for the period of the fiscal year with respect to which the appointment is made, except that, if any appointment is made after the beginning and before the close of any such fiscal year, the term of office based on such appointment shall be for the remainder of such fiscal year.

(C)(i) Notwithstanding any provision of subparagraph (A) or (B), members of the Commission may continue to serve after the close of a fiscal year, if the date designated by the President under section 357 of this title (relating to the date by which the Commission is to submit its report to the President) is subsequent to the close of such fiscal year, and only if or to the extent necessary to allow the Commission to submit such report.

(ii) Notwithstanding any provision of section 353 of this title, authority under such section shall remain available, after the close of a fiscal year, so long as members of the Commission continue to serve.

(As amended Pub. L. 101-194, title VII, § 701(b), Nov. 30, 1989, 103 Stat. 1763.)

REFERENCES IN TEXT

The Federal Regulation of Lobbying Act, referred to in par. (2)(B), is title III of act Aug. 2, 1946, ch. 753, 60 Stat. 839, which is classified generally to chapter 8A (§ 261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 261 of this title and Tables.

AMENDMENTS

1989-Pub. L. 101-194 amended section generally, substituting pars. (1) to (8) for former pars. (1) to (5).

§ 353. Executive Director; additional personnel; detail of personnel of other agencies

(1) Without regard to the provisions of title 5 governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, and on a temporary basis for periods covering all or part of any fiscal year referred to in subparagraphs (A) and (B) of section 352(8) of this title

[See main edition for text of (A) and (B)]

(2) Upon the request of the Commission, the head of any department, agency, or establishment of any branch of the Federal Government is authorized to detail, on a reimbursable basis, for periods covering all or part of any fiscal year referred to in subparagraphs (A) and (B) of section 352(8) of this title, any of the personnel of such department, agency, or establishment to assist the Commission in carrying out its function.

(As amended Pub. L. 101-194, title VII, § 701(c), Nov. 30, 1989, 103 Stat. 1764.)

AMENDMENTS

1989-Pub. L. 101-194 substituted "subparagraphs (A) and (B) of section 352(8) of this title" for "section 352(2) and (3) of this title" in pars. (1) and (2).

REFERENCES IN OTHER LAWS to GS-16, 17, or 18 PAY RATES

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 352 of this title. § 356. Functions

The Commission shall conduct, in each of the respective fiscal years referred to in subparagraphs (A) and (B) of section 352(8) of this title, a review of the rates of pay of

[See main edition for text of (A) to (E)] Such review by the Commission shall be made for the purpose of determining and providing—

[See main edition for text of (i) and (ii)] In reviewing the rates of pay of the offices or positions referred to in subparagraph (D) of this section, the Commission shall determine and consider the appropriateness of the executive levels of such offices and positions.

(As amended Pub. L. 101-194, title VII, § 701(d), Nov. 30, 1989, 103 Stat. 1764.)

AMENDMENTS

1989-Pub. L. 101-194 substituted “subparagraphs (A) and (B) of section 352(8) of this title" for "section 352(2) and (3) of this title”.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 60a-2a, 357, 358, 362, 363, 364 of this title.

§ 357. Report by Commission to President with respect to pay

The Commission shall submit to the President a report of the results of each review conducted by the Commission with respect to rates of pay for the offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 356 of this title, together with its recommendations. Each such report shall be submitted on such date as the President may designate but not later than December 15 next following the close of the fiscal year in which the review is conducted by the Commission.

(As amended Pub. L. 101-194, title VII, § 701(e), Nov. 30, 1989, 103 Stat. 1764.)

AMENDMENTS

1989-Pub. L. 101-194 amended section catchline generally and in text substituted "Commission with respect to rates of pay for" for "Commission of” and "December 15 next following the close of the fiscal

year in which the review is conducted by the Commission." for "December 15 of the fiscal year in which the review is conducted by the Commission.”

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 352, 358, 362, 363 of this title.

§ 358. Recommendations of President with respect to pay

(1) After considering the report and recommendations of the Commission submitted under section 357 of this title, the President shall transmit to Congress his recommendations with respect to the exact rates of pay, for offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 356 of this title, which the President considers to be fair and reasonable in light of the Commission's report and recommendations, the prevailing market value of the services rendered in the offices and positions involved, the overall economic condition of the country, and the fiscal condition of the Federal Government.

(2) The President shall transmit his recommendations under this section to Congress on the first Monday after January 3 of the first calendar year beginning after the date on which the Commission submits its report and recommendations to the President under section 357 of this title.

(As amended Pub. L. 101-194, title VII, § 701(f), Nov. 30, 1989, 103 Stat. 1765.)

AMENDMENTS

1989-Pub. L. 101-194 amended section generally. Prior to amendment, section read as follows: "The President shall include, in the budget next transmitted under section 1105(a) of title 31 by him to the Congress after the date of the submission of the report and recommendations of the Commission under section 357 of this title, his recommendations with respect to the exact rates of pay which he deems advisable, for those offices and positions within the purview of subparagraphs (A), (B), (C), and (D) of section 356 of this title."

COMMISSION'S FIRST REPORT AFTER JULY 30, 1983, To INCLUDE RECOMMENDATION FOR APPROPRIATE SALARY FOR MEMBERS OF CONGRESS; PROHIBITION ON RECEIPT OF HONORARIA

Pub. L. 98-63, title I, § 908(e), July 30, 1983, 97 Stat. 338, which directed Commission on Executive, Legislative, and Judicial Salaries to include in first report required to be submitted by it after July 30, 1983, a recommendation for an appropriate salary for Members, which recommendation was to assume a prohibition on receipt of honoraria by Members, was repealed by Pub. L. 102-90, title I, § 6(c), Aug. 14, 1991, 105 Stat. 451.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 359, 360, 362 of this title.

§ 359. Effective date of recommendations of President (1) None of the President's recommendations under section 358 of this title shall take effect unless approved under paragraph (2).

(2)(A) The recommendations of the President under section 358 of this title shall be considered approved under this paragraph if there is enacted into law a bill or joint resolution ap

proving such recommendations in their entirety. This bill or joint resolution shall be passed by recorded vote to reflect the vote of each Member of Congress thereon.

(B)(i) The provisions of this subparagraph are enacted by the Congress—

(I) as an exercise of the rulemaking power of the Senate and the House of Representatives and as such shall be considered as part of the rules of each House, and shall supersede other rules only to the extent that they are inconsistent therewith; and

(II) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

(ii) During the 60-calendar-day period beginning on the date that the President transmits his recommendations to the Congress under section 358 of this title, it shall be in order as a matter of highest privilege in each House of Congress to consider a bill or joint resolution, if offered by the majority leader of such House (or a designee), approving such recommendations in their entirety.

(3) Except as provided in paragraph (4), any recommended pay adjustment approved under paragraph (2) shall take effect as of the date proposed by the President under section 358 of this title with respect to such adjustment.

(4)(A) Notwithstanding the approval of the President's pay recommendations in accordance with paragraph (2), none of those recommendations shall take effect unless, between the date on which the bill or resolution approving those recommendations is signed by the President (or otherwise becomes law) and the earliest date as of which the President proposes (under section 358 of this title) that any of those recommendations take effect, an election of Representatives shall have intervened.

(B) For purposes of this paragraph, the term "election of Representatives" means an election held on the Tuesday following the first Monday of November in any even-numbered calendar

year.

(As amended Pub. L. 101-194, title VII, § 701(g), Nov. 30, 1989, 103 Stat. 1765.)

AMENDMENTS

1989-Pub. L. 101-194 amended section generally. Prior to amendment, section read as follows:

"(1) The recommendations of the President which are transmitted to the Congress pursuant to section 358 of this title shall be effective as provided in paragraph (2) of this section unless any such recommendation is disapproved by a joint resolution agreed to by the Congress not later than the last day of the 30-day period which begins on the date of which such recommendations are transmitted to the Congress.

"(2) The effective date of the rate or rates of pay which take effect for an office or position under paragraph (1) of this section shall be the first day of the first pay period which begins for such office or position after the end of the 30-day period described in such paragraph."

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