### §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 Architect of the Capitol should develop human resources management programs that are consistent with the practices common among other Federal and private sector organizations.

#### (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 system.

#### (2) Requirements

The personnel management system shall at a minimum include the following:

(A) A system which ensures that applicants for employment and employees of the Architect of the Capitol are appointed, promoted, and assigned on the basis of merit and fitness after fair and equitable consideration of all applicants and employees through open competition.

(B) An equal employment opportunity program which includes an affirmative employment program for employees and applicants for employment, and procedures for monitoring progress by the Architect of the Capitol in ensuring a workforce reflective of the diverse labor force.

(C) A system for the classification of positions which takes into account the difficulty, responsibility, and qualification requirements of the work performed, and which conforms to the principle of equal pay for substantially equal work.

(D) A program for the training of Architect of the Capitol employees which has among its goals improved employee performance and opportunities for employee advancement.

(E) A formal performance appraisal system which will permit the accurate evaluation of job performance on the basis of objective criteria for all Architect of the Capitol employees.

(F) A fair and equitable system to address unacceptable conduct and performance by Architect of the Capitol employees, including a general statement of violations, sanctions, and procedures which shall be made known to all employees, and a formal grievance 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 requirements 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 management system designed to achieve the requirements 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

(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 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, 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 requirements 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 Committee on Rules and Administration of the Senate, and the Joint Committee on the Library 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 provided 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 sections 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 complaints.

#### **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 repealed, 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 establish and conduct a pilot program to test flexible work schedules within the Architect of the Capitol and Botanic 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) [amending Pub. L. 107–68, §133(a), set out below] shall take effect 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 expiration 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 employees 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 Architect of the Capitol Summer Employment Program.

"(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 Program).

"(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 option offered by the Architect to remain under the pay system (including benefits) provided for the individual as of such date.

"(D) An individual who becomes employed by the Architect of the Capitol after the date of the enactment of this Act [Nov. 12, 2001] who exercises in writing, 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 insurance, health insurance, retirement, and other benefits.

"(3) Nothing in this subsection may be construed to require the Architect of the Capitol to provide duplicative benefits for any employee.

"(4) The Architect of the Capitol shall make employer contributions for benefits for employees of the Architect (including temporary employees) directly to any third party designated to receive such contributions on behalf of the employees under a collective bargaining 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 retirement benefits, voluntary separation incentive payments, competitive service treatment, and retraining, job placement, and counseling services to certain employees of the Office of the Architect of the Capitol.