Title 2, The CongressRelease 119-110

§1852 Withholding and Remittance of State Income Tax

Title 2 › CHAPTER 28 — ARCHITECT OF THE CAPITOL › SUBCHAPTER III — PERSONNEL › Part B — Compensation › § 1852

Last updated Sep 22, 2026|Official source

Summary

The Architect of the Capitol can make a deal with a State so the Architect’s payroll can withhold and send that State’s income tax for certain workers. This option applies when a State’s law generally requires employers to withhold income tax from pay and when that duty generally covers residents. It only covers people who work for the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant, and only if those workers ask for the withholdings. The Architect will not have to send money more often than once each calendar quarter. Withheld amounts must follow the State’s usual employer rules. An employee may have only one active request at a time and may not have withholdings for more than two different States in the same calendar year. A request is effective on the first day of the first pay period that starts on or after the office receives it, except the Architect may set a start date when he first makes an agreement with a State, and a new hire’s request is effective on the day of appointment if made then. Employees can change or revoke their request, and that change takes effect on the first day of the first pay period after the office receives it. The Architect may make rules and enter agreements when he thinks appropriate. Nothing here creates extra duties, penalties, or liabilities for the United States or its officers beyond what this law says. State = any of the States of the United States.

Full Legal Text

Title 2, §1852

The Congress, Source: USLM XML via OLRC

(a)Agreement by Architect with appropriate State official; covered individuals
Whenever—
(1)the law of any State provides for the collection of an income tax by imposing upon employers generally the duty of withholding sums from the compensation of employees and remitting such sums to the authorities of such State; and
(2)such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State;
then the Architect of the Capitol is authorized, in accordance with the provisions of this section, to enter into an agreement with the appropriate official of that State to provide for the withholding and remittance of sums for individuals—
(A)employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant; and
(B)who request the Architect to make such withholdings for remittance to that State.
(b)Number of remittances authorized
Any agreement entered into under subsection (a) of this section shall not require the Architect to remit such sums more often than once each calendar quarter.
(c)Requests for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations
(1)An individual employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant may request the Architect to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers.
(2)An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first pay period commencing on or after the day on which the request is received in the Office of the Architect, the Botanic Garden Office, or the Senate Restaurant Accounting Office except that—
(A)when the Architect first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Architect may determine; and
(B)when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment.
(3)An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted in accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated or revocation is effective on the first day of the first pay period commencing on or after the day on which the request for change or the revocation is received in the appropriate office.
(4)The Architect is authorized to issue rules and regulations he considers appropriate in carrying out this subsection.
(d)Time or times of agreements by Architect
The Architect may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate.
(e)Provisions as not imposing duty, burden, requirement or penalty upon United States or any officer or employee of United States
This section imposes no duty, burden, or requirement upon the United States, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section.
(f)“State” defined
For the purposes of this section, “State” means any of the States of the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was classified to section 166b–5 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.

Reference

Citations & Metadata

Citation

2 U.S.C. § 1852

Title 2, The Congress

Last Updated

Sep 22, 2026

Release point: 119-110