[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2647 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
                                H. R. 2647

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for the Legislative Branch for the fiscal year 
           ending September 30, 2002, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Legislative Branch for the 
fiscal year ending September 30, 2002, and for other purposes, namely:

                   TITLE I--CONGRESSIONAL OPERATIONS

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

    For salaries and expenses of the House of Representatives, 
$882,100,000, as follows:

                        house leadership offices

    For salaries and expenses, as authorized by law, $15,910,000, 
including: Office of the Speaker, $1,866,000, including $25,000 for 
official expenses of the Speaker; Office of the Majority Floor Leader, 
$1,830,000, including $10,000 for official expenses of the Majority 
Leader; Office of the Minority Floor Leader, $2,224,000, including 
$10,000 for official expenses of the Minority Leader; Office of the 
Majority Whip, including the Chief Deputy Majority Whip, $1,562,000, 
including $5,000 for official expenses of the Majority Whip; Office of 
the Minority Whip, including the Chief Deputy Minority Whip, 
$1,168,000, including $5,000 for official expenses of the Minority 
Whip; Speaker's Office for Legislative Floor Activities, $431,000; 
Republican Steering Committee, $806,000; Republican Conference, 
$1,342,000; Democratic Steering and Policy Committee, $1,435,000; 
Democratic Caucus, $713,000; nine minority employees, $1,293,000; 
training and program development--majority, $290,000; training and 
program development--minority, $290,000; and Cloakroom Personnel--
majority, $330,000; and minority $330,000.

                  Members' Representational Allowances

   Including Members' Clerk Hire, Official Expenses of Members, and 
                             Official Mail

    For Members' representational allowances, including Members' clerk 
hire, official expenses, and official mail, $479,472,000.

                          Committee Employees

                Standing Committees, Special and Select

    For salaries and expenses of standing committees, special and 
select, authorized by House resolutions, $104,514,000: Provided, That 
such amount shall remain available for such salaries and expenses until 
December 31, 2002.

                      Committee on Appropriations

    For salaries and expenses of the Committee on Appropriations, 
$23,002,000, including studies and examinations of executive agencies 
and temporary personal services for such committee, to be expended in 
accordance with section 202(b) of the Legislative Reorganization Act of 
1946 and to be available for reimbursement to agencies for services 
performed: Provided, That such amount shall remain available for such 
salaries and expenses until December 31, 2002.

                    Salaries, Officers and Employees

    For compensation and expenses of officers and employees, as 
authorized by law, $101,766,000, including: for salaries and expenses 
of the Office of the Clerk, including not more than $11,000, of which 
not more than $10,000 is for the Family Room, for official 
representation and reception expenses, $15,408,000; for salaries and 
expenses of the Office of the Sergeant at Arms, including the position 
of Superintendent of Garages, and including not more than $750 for 
official representation and reception expenses, $4,139,000; for 
salaries and expenses of the Office of the Chief Administrative 
Officer, $67,495,000, of which $3,525,000 shall remain available until 
expended, including $31,510,000 for salaries, expenses and temporary 
personal services of House Information Resources, of which $31,390,000 
is provided herein: Provided, That of the amount provided for House 
Information Resources, $8,656,000 shall be for net expenses of 
telecommunications: Provided further, That House Information Resources 
is authorized to receive reimbursement from Members of the House of 
Representatives and other governmental entities for services provided 
and such reimbursement shall be deposited in the Treasury for credit to 
this account; for salaries and expenses of the Office of the Inspector 
General, $3,756,000; for salaries and expenses of the Office of General 
Counsel, $894,000; for the Office of the Chaplain, $144,000; for 
salaries and expenses of the Office of the Parliamentarian, including 
the Parliamentarian and $2,000 for preparing the Digest of Rules, 
$1,344,000; for salaries and expenses of the Office of the Law Revision 
Counsel of the House, $2,107,000; for salaries and expenses of the 
Office of the Legislative Counsel of the House, $5,456,000; for 
salaries and expenses of the Corrections Calendar Office, $883,000; and 
for other authorized employees, $140,000.

                        allowances and expenses

    For allowances and expenses as authorized by House resolution or 
law, $157,436,000, including: supplies, materials, administrative costs 
and Federal tort claims, $3,379,000; official mail for committees, 
leadership offices, and administrative offices of the House, $410,000; 
Government contributions for health, retirement, Social Security, and 
other applicable employee benefits, $152,957,000; and miscellaneous 
items including purchase, exchange, maintenance, repair and operation 
of House motor vehicles, interparliamentary receptions, and gratuities 
to heirs of deceased employees of the House, $690,000.

                           child care center

    For salaries and expenses of the House of Representatives Child 
Care Center, such amounts as are deposited in the account established 
by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 
(40 U.S.C. 184g(d)(1)), subject to the level specified in the budget of 
the Center, as submitted to the Committee on Appropriations of the 
House of Representatives.

                       Administrative Provisions

    Sec. 101. (a) Effective October 1, 2001, the following four 
majority positions shall be transferred from the Clerk to the Speaker:
            (1) The position of chief of floor service.
            (2) Two positions of assistant floor chief.
            (3) One position of cloakroom attendant.
    (b) Effective October 1, 2001, the following four minority 
positions shall be transferred from the Clerk to the minority leader:
            (1) The position of chief of floor service.
            (2) Two positions of assistant floor chief.
            (3) One position of cloakroom attendant.
    (c) Each individual who is an incumbent of a position transferred 
by subsection (a) or subsection (b) at the time of the transfer shall 
remain subject to the House Employees Position Classification Act (2 
U.S.C. 290 et seq.), except that the authority of the Clerk and the 
committee under the Act shall be exercised--
            (1) by the Speaker, in the case of an individual in a 
        position transferred under subsection (a); and
            (2) by the minority leader, in the case of an individual in 
        a position transferred under subsection (b).
    Sec. 102. (a) The third sentence of section 104(a)(1) of the 
Legislative Branch Appropriations Act, 1987 (as incorporated by 
reference in section 101(j) of Public Law 99-500 and Public Law 99-591) 
(2 U.S.C. 117e(1)) is amended by striking ``for credit to the 
appropriate account'' and all that follows and inserting the following: 
``for credit to the appropriate account of the House of 
Representatives, and shall be available for expenditure in accordance 
with applicable law. For purposes of the previous sentence, in the case 
of receipts from the sale or disposal of any audio or video transcripts 
prepared by the House Recording Studio, the `appropriate account of the 
House of Representatives' shall be the account of the Chief 
Administrative Officer of the House of Representatives.''.
    (b) The amendment made by subsection (a) shall apply with respect 
to fiscal year 2002 and each succeeding fiscal year.
    Sec. 103. (a) Requiring Amounts Remaining in Members' 
Representational Allowances To Be Used for Deficit Reduction or To 
Reduce the Federal Debt.--Notwithstanding any other provision of law, 
any amounts appropriated under this Act for ``HOUSE OF 
REPRESENTATIVES--Salaries and Expenses--Members' Representational 
Allowances'' shall be available only for fiscal year 2002. Any amount 
remaining after all payments are made under such allowances for fiscal 
year 2002 shall be deposited in the Treasury and used for deficit 
reduction (or, if there is no Federal budget deficit after all such 
payments have been made, for reducing the Federal debt, in such manner 
as the Secretary of the Treasury considers appropriate).
    (b) Regulations.--The Committee on House Administration of the 
House of Representatives shall have authority to prescribe regulations 
to carry out this section.
    (c) Definition.--As used in this section, the term ``Member of the 
House of Representatives'' means a Representative in, or a Delegate or 
Resident Commissioner to, the Congress.
    Sec. 104. (a) Day for Paying Salaries of the House of 
Representatives.--The usual day for paying salaries in or under the 
House of Representatives shall be the last day of each month, except 
that if the last day of a month falls on a Saturday, Sunday, or a legal 
public holiday, the Chief Administrative Officer of the House of 
Representatives shall pay such salaries on the first weekday which 
precedes the last day.
    (b) Conforming Amendment.--(1) The first section and section 2 of 
the Joint Resolution entitled ``Joint resolution authorizing the 
payment of salaries of the officers and employees of Congress for 
December on the 20th day of that month each year'', approved May 21, 
1937 (2 U.S.C. 60d and 60e), are each repealed.
    (2) The last paragraph under the heading ``Contingent Expense of 
the House'' in the First Deficiency Appropriation Act, 1946 (2 U.S.C. 
60e-1), is repealed.
    (c) Effective Date.--This section and the amendments made by this 
section shall apply with respect to pay periods beginning after the 
expiration of the 1-year period which begins on the date of the 
enactment of this Act.

                              JOINT ITEMS

    For Joint Committees, as follows:

                        Joint Economic Committee

    For salaries and expenses of the Joint Economic Committee, 
$3,424,000, to be disbursed by the Secretary of the Senate.

                      Joint Committee on Taxation

    For salaries and expenses of the Joint Committee on Taxation, 
$6,733,000, to be disbursed by the Chief Administrative Officer of the 
House.
    For other joint items, as follows:

                   Office of the Attending Physician

    For medical supplies, equipment, and contingent expenses of the 
emergency rooms, and for the Attending Physician and his assistants, 
including: (1) an allowance of $1,500 per month to the Attending 
Physician; (2) an allowance of $500 per month each to three medical 
officers while on duty in the Office of the Attending Physician; (3) an 
allowance of $500 per month to two assistants and $400 per month each 
not to exceed 11 assistants on the basis heretofore provided for such 
assistants; and (4) $1,253,904 for reimbursement to the Department of 
the Navy for expenses incurred for staff and equipment assigned to the 
Office of the Attending Physician, which shall be advanced and credited 
to the applicable appropriation or appropriations from which such 
salaries, allowances, and other expenses are payable and shall be 
available for all the purposes thereof, $1,865,000, to be disbursed by 
the Chief Administrative Officer of the House of Representatives.

                          Capitol Police Board

                             Capitol Police

                                salaries

    For the Capitol Police Board for salaries of officers, members, and 
employees of the Capitol Police, including overtime, hazardous duty pay 
differential, clothing allowance of not more than $600 each for members 
required to wear civilian attire, and Government contributions for 
health, retirement, Social Security, and other applicable employee 
benefits, $112,592,000, of which $55,013,000 is provided to the 
Sergeant at Arms of the House of Representatives, to be disbursed by 
the Chief of the Capitol Police or the Chief's delegee, and $57,579,000 
is provided to the Sergeant at Arms and Doorkeeper of the Senate, to be 
disbursed by the Secretary of the Senate: Provided, That, of the 
amounts appropriated under this heading, such amounts as may be 
necessary may be transferred between the Sergeant at Arms of the House 
of Representatives and the Sergeant at Arms and Doorkeeper of the 
Senate, upon approval of the Committee on Appropriations of the House 
of Representatives and the Committee on Appropriations of the Senate.

                            general expenses

    For the Capitol Police Board for necessary expenses of the Capitol 
Police, including motor vehicles, communications and other equipment, 
security equipment and installation, uniforms, weapons, supplies, 
materials, training, medical services, forensic services, stenographic 
services, personal and professional services, the employee assistance 
program, not more than $2,000 for the awards program, postage, 
telephone service, travel advances, relocation of instructor and 
liaison personnel for the Federal Law Enforcement Training Center, and 
$85 per month for extra services performed for the Capitol Police Board 
by an employee of the Sergeant at Arms and Doorkeeper of the Senate or 
the Sergeant at Arms of the House of Representatives designated by the 
Chairman of the Board, $11,081,000, to be disbursed by the Chief of the 
Capitol Police or the Chief's delegee: Provided, That, notwithstanding 
any other provision of law, the cost of basic training for the Capitol 
Police at the Federal Law Enforcement Training Center for fiscal year 
2002 shall be paid by the Secretary of the Treasury from funds 
available to the Department of the Treasury.

                       Administrative Provisions

    Sec. 105. Amounts appropriated for fiscal year 2002 for the Capitol 
Police may be transferred between the headings ``salaries'' and 
``general expenses'' upon the approval of--
            (1) the Committee on Appropriations of the House of 
        Representatives, in the case of amounts transferred from the 
        appropriation provided to the Sergeant at Arms of the House of 
        Representatives under the heading ``salaries'';
            (2) the Committee on Appropriations of the Senate, in the 
        case of amounts transferred from the appropriation provided to 
        the Sergeant at Arms and Doorkeeper of the Senate under the 
        heading ``salaries''; and
            (3) the Committees on Appropriations of the Senate and the 
        House of Representatives, in the case of other transfers.

           Capitol Guide Service and Special Services Office

    For salaries and expenses of the Capitol Guide Service and Special 
Services Office, $2,512,000, to be disbursed by the Secretary of the 
Senate: Provided, That no part of such amount may be used to employ 
more than 43 individuals: Provided further, That the Capitol Guide 
Board is authorized, during emergencies, to employ not more than two 
additional individuals for not more than 120 days each, and not more 
than 10 additional individuals for not more than 6 months each, for the 
Capitol Guide Service.

                      Statements of Appropriations

    For the preparation, under the direction of the Committees on 
Appropriations of the Senate and the House of Representatives, of the 
statements for the first session of the One Hundred Seventh Congress, 
showing appropriations made, indefinite appropriations, and contracts 
authorized, together with a chronological history of the regular 
appropriations bills as required by law, $30,000, to be paid to the 
persons designated by the chairmen of such committees to supervise the 
work.

                          OFFICE OF COMPLIANCE

                         Salaries and Expenses

    For salaries and expenses of the Office of Compliance, as 
authorized by section 305 of the Congressional Accountability Act of 
1995 (2 U.S.C. 1385), $2,059,000, of which $254,000 shall remain 
available until September 30, 2003.

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

    For salaries and expenses necessary to carry out the provisions of 
the Congressional Budget Act of 1974 (Public Law 93-344), including not 
more than $3,000 to be expended on the certification of the Director of 
the Congressional Budget Office in connection with official 
representation and reception expenses, $30,780,000: Provided, That no 
part of such amount may be used for the purchase or hire of a passenger 
motor vehicle.

                       Administrative Provisions

    Sec. 106. (a) The Director of the Congressional Budget Office may, 
by regulation, make applicable such provisions of chapter 41 of title 
5, United States Code, as the Director determines necessary to provide 
hereafter for training of individuals employed by the Congressional 
Budget Office.
    (b) The implementing regulations shall provide for training that, 
in the determination of the Director, is consistent with the training 
provided by agencies subject to chapter 41 of title 5, United States 
Code.
    (c) Any recovery of debt owed to the Congressional Budget Office 
under this section and its implementing regulations shall be credited 
to the appropriations account available for salaries and expenses of 
the Office at the time of recovery.
    Sec. 107. Section 105(a) of the Legislative Branch Appropriations 
Act, 1997 (2 U.S.C. 606(a)), is amended by striking ``or discarding.'' 
and inserting ``sale, trade-in, or discarding.'', and by adding at the 
end the following: ``Amounts received for the sale or trade-in of 
personal property shall be credited to funds available for the 
operations of the Congressional Budget Office and be available for the 
costs of acquiring the same or similar property. Such funds shall be 
available for such purposes during the fiscal year in which received 
and the following fiscal year.''.

                        ARCHITECT OF THE CAPITOL

                     Capitol Buildings and Grounds

                       general and administration

                         salaries and expenses

    For salaries for the Architect of the Capitol, the Assistant 
Architect of the Capitol, and other personal services, at rates of pay 
provided by law; for surveys and studies in connection with activities 
under the care of the Architect of the Capitol; for all necessary 
expenses for the general and administrative support of the operations 
under the Architect of the Capitol including the Botanic Garden; 
electrical substations of the Capitol, Senate and House office 
buildings, and other facilities under the jurisdiction of the Architect 
of the Capitol; including furnishings and office equipment; including 
not more than $1,000 for official reception and representation 
expenses, to be expended as the Architect of the Capitol may approve; 
for purchase or exchange, maintenance, and operation of a passenger 
motor vehicle; and not to exceed $30,000 for attendance, when 
specifically authorized by the Architect of the Capitol, at meetings or 
conventions in connection with subjects related to work under the 
Architect of the Capitol, $46,705,000, of which $3,414,000 shall remain 
available until expended.

                           minor construction

    For minor construction (as established under section 108 of this 
Act), $9,482,000, to remain available until expended, to be used in 
accordance with the terms and conditions described in such section.

                           capitol buildings

    For all necessary expenses for the maintenance, care and operation 
of the Capitol $17,674,000, of which $6,267,000 shall remain available 
until expended.

                            capitol grounds

    For all necessary expenses for care and improvement of grounds 
surrounding the Capitol, the Senate and House office buildings, and the 
Capitol Power Plant, $6,904,000, of which $100,000 shall remain 
available until expended.

                         house office buildings

    For all necessary expenses for the maintenance, care and operation 
of the House office buildings, $49,006,000, of which $18,344,000 shall 
remain available until expended.

                          capitol power plant

    For all necessary expenses for the maintenance, care and operation 
of the Capitol Power Plant; lighting, heating, power (including the 
purchase of electrical energy) and water and sewer services for the 
Capitol, Senate and House office buildings, Library of Congress 
buildings, and the grounds about the same, Botanic Garden, Senate 
garage, and air conditioning refrigeration not supplied from plants in 
any of such buildings; heating the Government Printing Office and 
Washington City Post Office, and heating and chilled water for air 
conditioning for the Supreme Court Building, the Union Station complex, 
the Thurgood Marshall Federal Judiciary Building and the Folger 
Shakespeare Library, expenses for which shall be advanced or reimbursed 
upon request of the Architect of the Capitol and amounts so received 
shall be deposited into the Treasury to the credit of this 
appropriation, $45,324,000, of which $100,000 shall remain available 
until expended: Provided, That not more than $4,400,000 of the funds 
credited or to be reimbursed to this appropriation as herein provided 
shall be available for obligation during fiscal year 2002.

                       administrative provisions

    Sec. 108. (a) Establishment of Account for Minor Construction.--
There is hereby established in the Treasury of the United States an 
account for the Architect of the Capitol to be known as ``minor 
construction'' (hereafter in this section referred to as the 
``account'').
    (b) Uses of Funds in Account.--Subject to subsection (c), funds in 
the account shall be used by the Architect of the Capitol for land and 
building acquisition, construction, repair, and alteration projects 
resulting from unforeseen and unplanned conditions in connection with 
construction and maintenance activities under the jurisdiction of the 
Architect (including the United States Botanic Garden).
    (c) Prior Notification Required for Obligation.--The Architect of 
the Capitol may not obligate any funds in the account with respect to a 
project unless, not fewer than 21 days prior to the obligation, the 
Architect provides notice of the obligation to--
            (1) the Committee on Appropriations of the House of 
        Representatives, in the case of a project on behalf of the 
        House of Representatives;
            (2) the Committee on Appropriations of the Senate, in the 
        case of a project on behalf of the Senate; or
            (3) both the Committee on Appropriations of the House of 
        Representatives and the Committee on Appropriations of the 
        Senate, in the case of any other project.
    (d) Effective Date.--This section shall apply with respect to 
fiscal year 2002 and each succeeding fiscal year.
    Sec. 109. (a) Acquisition of Property by Architect of the 
Capitol.--Notwithstanding any other provision of law, the Architect of 
the Capitol is authorized to secure, subject to the availability of 
appropriated funds (through such agreement as the Architect considers 
appropriate), the property and facilities located at 67 K Street 
Southwest in the District of Columbia (square 645, lot 814).
    (b) Uses and Control of Property.--
            (1) In general.--The property and facilities secured by the 
        Architect under subsection (a) shall be under the control of 
        the Chief of the United States Capitol Police and shall be used 
        by the Chief for the care and maintenance of vehicles of the 
        United States Capitol Police, in accordance with a plan 
        prepared by the Chief and approved by the Committees on 
        Appropriations of the House of Representatives and Senate.
            (2) Additional uses permitted.--In addition to the use 
        described in paragraph (1), the Chief of the United States 
        Capitol Police may permit the property and facilities secured 
        by the Architect under subsection (a) to be used for other 
        purposes by the United States Capitol Police, the House of 
        Representatives, the Senate, and the Architect of the Capitol, 
        subject to--
                    (A) the approval of the Committee on Appropriations 
                of the House of Representatives, in the case of use by 
                the House of Representatives;
                    (B) the approval of the Committee on Appropriations 
                of the Senate, in the case of use by the Senate; or
                    (C) the approval of both the Committee on 
                Appropriations of the House of Representatives and the 
                Committee on Appropriations of the Senate, in the case 
                of use by the United States Capitol Police or the 
                Architect of the Capitol.
    (c) Expenses.--
            (1) In general.--The Architect of the Capitol shall be 
        responsible for the costs of the necessary expenses incidental 
        to the use of the property and facilities described in 
        subsection (a) (including payments under the lease), including 
        expenses for maintenance, alterations, and repair of the 
        property and facilities, except that the Chief of the United 
        States Capitol Police shall be responsible for the costs of any 
        equipment, furniture, and furnishings used in connection with 
        the care and maintenance of vehicles pursuant to subsection 
        (b)(1).
            (2) Source of funds.--
                    (A) In general.--The funds expended by the 
                Architect to carry out paragraph (1) in any fiscal year 
                shall be derived solely from funds appropriated to the 
                Architect for the fiscal year for purposes of the 
                United States Capitol Police.
                    (B) Use of certain 1999 funds.--The funds expended 
                by the Architect to carry out paragraph (1) may also be 
                derived from funds appropriated to the Architect in the 
                Legislative Branch Appropriations Act, 1999, under the 
                heading ``ARCHITECT OF THE CAPITOL--Capitol Buildings 
                and Grounds--capitol buildings--salaries and expenses'' 
                for the design of police security projects, which shall 
                remain available until expended.
    (d) Effective Date.--This section shall take effect on the date of 
enactment of this Act.
    Sec. 110. (a) Compensation of Certain Positions in the Office of 
the Architect of the Capitol.--In accordance with the authority 
described in section 308(a) of the Legislative Branch Appropriations 
Act, 1988 (40 U.S.C. 166b-3a(a)), section 108 of the Legislative Branch 
Appropriations Act, 1991 (40 U.S.C. 166b-3b) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) The Architect of the Capitol may fix the rate of basic pay 
for not more than 11 positions (of whom 1 shall be the project manager 
for the Capitol Visitor Center and 1 shall be the project manager for 
the modification of the Capitol Power Plant) at a rate not to exceed 
the highest total rate of pay for the Senior Executive Service under 
subchapter VIII of chapter 53 of title 5, United States Code, for the 
locality involved.''; and
            (2) by redesignating subsection (c) as subsection (b).
    (b) Comprehensive Management Study and Response.--
            (1) Study by comptroller general.--The Comptroller General 
        shall conduct a comprehensive management study of the 
        operations of the Architect of the Capitol, and shall submit 
        the study to the Architect of the Capitol and the Committees on 
        Appropriations of the House of Representatives and Senate.
            (2) Plan by architect in response.--The Architect of the 
        Capitol shall develop and submit to the Committees referred to 
        in paragraph (1) a management improvement plan which addresses 
        the study of the Comptroller General under paragraph (1) and 
        which indicates how the salary adjustments made by the 
        amendments made by this section will support such plan.
    (c) Effective Date.--This section (other than subsection (b)) and 
the amendments made by this section shall apply with respect to pay 
periods beginning on or after the date on which the Committees on 
Appropriations of the House of Representatives and Senate approve the 
plan submitted by the Architect of the Capitol under subsection (b)(2).
    Sec. 111. (a) Liquidated Damages.--The Architect of the Capitol may 
not enter into or administer any construction contract with a value 
greater than $50,000 unless the contract includes a provision requiring 
the payment of liquidated damages in the amount determined under 
subsection (b) in the event that completion of the project is delayed 
because of the contractor.
    (b) Amount of Payment.--The amount of payment required under a 
liquidated damages provision described in subsection (a) shall be equal 
to the product of--
            (1) the daily liquidated damage payment rate; and
            (2) the number of days by which the completion of the 
        project is delayed.
    (c) Daily Liquidated Damage Payment Rate.--
            (1) In general.--In subsection (b), the ``daily liquidated 
        damage payment rate'' means--
                    (A) $140, in the case of a contract with a value 
                greater than $50,000 and less than $100,000;
                    (B) $200, in the case of a contract with a value 
                equal to or greater than $100,000 and equal to or less 
                than $500,000; and
                    (C) the sum of $200 plus $50 for each $100,000 
                increment by which the value of the contract exceeds 
                $500,000, in the case of a contract with a value 
                greater than $500,000.
            (2) Adjustment in rate permitted.--Notwithstanding 
        paragraph (1), the daily liquidated damage payment rate may be 
        adjusted by the contracting officer involved to a rate greater 
        or lesser than the rate described in such paragraph if the 
        contracting officer makes a written determination that the rate 
        described does not accurately reflect the anticipated damages 
        which will be suffered by the United States as a result of the 
        delay in the completion of the contract.
    (d) Effective Date.--This section shall apply with respect to 
contracts entered into during fiscal year 2002 or any succeeding fiscal 
year.
    Sec. 112. (a) Notwithstanding any other provision of law, the 
Architect of the Capitol may not reprogram any funds with respect to 
any project or object class without the approval of--
            (1) the Committee on Appropriations of the House of 
        Representatives, in the case of a project or object class 
        within the House of Representatives;
            (2) the Committee on Appropriations of the Senate, in the 
        case of a project or object class within the Senate; or
            (3) both the Committee on Appropriations of the House of 
        Representatives and the Committee on Appropriations of the 
        Senate, in the case of any other project or object class.
    (b) This section shall apply with respect to funds provided to the 
Architect of the Capitol before, on, or after the date of the enactment 
of this Act.
    Sec. 113. (a) Limitation.--(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 during fiscal year 2002 or any succeeding 
fiscal year 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 individual 
who is a temporary employee of the Senate Restaurant or a temporary 
employee who is hired for a total of 120 days or less during any 5-year 
period.
    (b) Allotment and Assignment of Pay.--(1) Section 5525 of title 5, 
United States Code, is amended by adding at the end the following new 
sentence: ``For purposes of this section, the term `agency' includes 
the Office of the Architect of the Capitol.''.
    (2) The amendment made by paragraph (1) shall apply with respect to 
pay periods beginning on or after the date of the enactment of this 
Act.

                          LIBRARY OF CONGRESS

                     Congressional Research Service

                         salaries and expenses

    For necessary expenses to carry out the provisions of section 203 
of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to 
revise and extend the Annotated Constitution of the United States of 
America, $81,454,000: Provided, That no part of such amount may be used 
to pay any salary or expense in connection with any publication, or 
preparation of material therefor (except the Digest of Public General 
Bills), to be issued by the Library of Congress unless such publication 
has obtained prior approval of either the Committee on House 
Administration of the House of Representatives or the Committee on 
Rules and Administration of the Senate.

                       GOVERNMENT PRINTING OFFICE

                   Congressional Printing and Binding

                     (including transfer of funds)

    For authorized printing and binding for the Congress and the 
distribution of Congressional information in any format; printing and 
binding for the Architect of the Capitol; expenses necessary for 
preparing the semimonthly and session index to the Congressional 
Record, as authorized by law (44 U.S.C. 902); printing and binding of 
Government publications authorized by law to be distributed to Members 
of Congress; and printing, binding, and distribution of Government 
publications authorized by law to be distributed without charge to the 
recipient, $81,000,000: Provided, That this appropriation shall not be 
available for paper copies of the permanent edition of the 
Congressional Record for individual Representatives, Resident 
Commissioners or Delegates authorized under 44 U.S.C. 906: Provided 
further, That this appropriation shall be available for the payment of 
obligations incurred under the appropriations for similar purposes for 
preceding fiscal years: Provided further, That notwithstanding the 2-
year limitation under section 718 of title 44, United States Code, none 
of the funds appropriated or made available under this Act or any other 
Act for printing and binding and related services provided to Congress 
under chapter 7 of title 44, United States Code, may be expended to 
print a document, report, or publication after the 27-month period 
beginning on the date that such document, report, or publication is 
authorized by Congress to be printed, unless Congress reauthorizes such 
printing in accordance with section 718 of title 44, United States 
Code: Provided further, That any unobligated or unexpended balances in 
this account or accounts for similar purposes for preceding fiscal 
years may be transferred to the Government Printing Office revolving 
fund for carrying out the purposes of this heading, subject to the 
approval of the Committees on Appropriations of the House of 
Representatives and Senate.
    This title may be cited as the ``Congressional Operations 
Appropriations Act, 2002''.

                        TITLE II--OTHER AGENCIES

                             BOTANIC GARDEN

                         Salaries and Expenses

    For all necessary expenses for the maintenance, care and operation 
of the Botanic Garden and the nurseries, buildings, grounds, and 
collections; and purchase and exchange, maintenance, repair, and 
operation of a passenger motor vehicle; all under the direction of the 
Joint Committee on the Library, $5,946,000: Provided, That this 
appropriation shall not be available for any activities of the National 
Garden: Provided further, That not more than $25,000 of the amount 
appropriated under this heading is available for official reception and 
representation expenses in connection with the opening of the renovated 
Botanic Garden Conservatory, upon approval by the Speaker of the House 
of Representatives and the President Pro Tempore of the Senate.

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

    For necessary expenses of the Library of Congress not otherwise 
provided for, including development and maintenance of the Union 
Catalogs; custody and custodial care of the Library buildings; special 
clothing; cleaning, laundering and repair of uniforms; preservation of 
motion pictures in the custody of the Library; operation and 
maintenance of the American Folklife Center in the Library; preparation 
and distribution of catalog records and other publications of the 
Library; hire or purchase of one passenger motor vehicle; and expenses 
of the Library of Congress Trust Fund Board not properly chargeable to 
the income of any trust fund held by the Board, $304,692,000, of which 
not more than $6,500,000 shall be derived from collections credited to 
this appropriation during fiscal year 2002, and shall remain available 
until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 
480; 2 U.S.C. 150) and not more than $350,000 shall be derived from 
collections during fiscal year 2002 and shall remain available until 
expended for the development and maintenance of an international legal 
information database and activities related thereto: Provided, That the 
Library of Congress may not obligate or expend any funds derived from 
collections under the Act of June 28, 1902, in excess of the amount 
authorized for obligation or expenditure in appropriations Acts: 
Provided further, That the total amount available for obligation shall 
be reduced by the amount by which collections are less than the 
$6,850,000: Provided further, That of the total amount appropriated, 
$15,824,474 is to remain available until expended for acquisition of 
books, periodicals, newspapers, and all other materials including 
subscriptions for bibliographic services for the Library, including 
$40,000 to be available solely for the purchase, when specifically 
approved by the Librarian, of special and unique materials for 
additions to the collections: Provided further, That of the total 
amount appropriated, $1,517,903 is to remain available until expended 
for the acquisition and partial support for implementation of an 
Integrated Library System (ILS): Provided further, That of the total 
amount appropriated, $5,600,000 is to remain available until expended 
for the purpose of teaching educators how to incorporate the Library's 
digital collections into school curricula and shall be transferred to 
the educational consortium formed to conduct the ``Joining Hands Across 
America: Local Community Initiative'' project as approved by the 
Library.

                            Copyright Office

                         salaries and expenses

    For necessary expenses of the Copyright Office, $40,896,000, of 
which not more than $21,880,000, to remain available until expended, 
shall be derived from collections credited to this appropriation during 
fiscal year 2002 under 17 U.S.C. 708(d): Provided, That the Copyright 
Office may not obligate or expend any funds derived from collections 
under 17 U.S.C. 708(d), in excess of the amount authorized for 
obligation or expenditure in appropriations Acts: Provided further, 
That not more than $5,984,000 shall be derived from collections during 
fiscal year 2002 under 17 U.S.C. 111(d)(2), 119(b)(2), 802(h), and 
1005: Provided further, That the total amount available for obligation 
shall be reduced by the amount by which collections are less than 
$27,864,000: Provided further, That not more than $100,000 of the 
amount appropriated is available for the maintenance of an 
``International Copyright Institute'' in the Copyright Office of the 
Library of Congress for the purpose of training nationals of developing 
countries in intellectual property laws and policies: Provided further, 
That not more than $4,250 may be expended, on the certification of the 
Librarian of Congress, in connection with official representation and 
reception expenses for activities of the International Copyright 
Institute and for copyright delegations, visitors, and seminars.

             Books for the Blind and Physically Handicapped

                         salaries and expenses

    For salaries and expenses to carry out the Act of March 3, 1931 
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $49,788,000, of which 
$14,437,000 shall remain available until expended.

                       Furniture and Furnishings

    For necessary expenses for the purchase, installation, maintenance, 
and repair of furniture, furnishings, office and library equipment, 
$7,932,000.

                       Administrative Provisions

    Sec. 201. Appropriations in this Act available to the Library of 
Congress shall be available, in an amount of not more than $203,560, of 
which $60,486 is for the Congressional Research Service, when 
specifically authorized by the Librarian of Congress, for attendance at 
meetings concerned with the function or activity for which the 
appropriation is made.
    Sec. 202. (a) No part of the funds appropriated in this Act shall 
be used by the Library of Congress to administer any flexible or 
compressed work schedule which--
            (1) applies to any manager or supervisor in a position the 
        grade or level of which is equal to or higher than GS-15; and
            (2) grants such manager or supervisor the right to not be 
        at work for all or a portion of a workday because of time 
        worked by the manager or supervisor on another workday.
    (b) For purposes of this section, the term ``manager or 
supervisor'' means any management official or supervisor, as such terms 
are defined in section 7103(a)(10) and (11) of title 5, United States 
Code.
    Sec. 203. Appropriated funds received by the Library of Congress 
from other Federal agencies to cover general and administrative 
overhead costs generated by performing reimbursable work for other 
agencies under the authority of sections 1535 and 1536 of title 31, 
United States Code, shall not be used to employ more than 65 employees 
and may be expended or obligated--
            (1) in the case of a reimbursement, only to such extent or 
        in such amounts as are provided in appropriations Acts; or
            (2) in the case of an advance payment, only--
                    (A) to pay for such general or administrative 
                overhead costs as are attributable to the work 
                performed for such agency; or
                    (B) to such extent or in such amounts as are 
                provided in appropriations Acts, with respect to any 
                purpose not allowable under subparagraph (A).
    Sec. 204. Of the amounts appropriated to the Library of Congress in 
this Act, not more than $5,000 may be expended, on the certification of 
the Librarian of Congress, in connection with official representation 
and reception expenses for the incentive awards program.
    Sec. 205. Of the amount appropriated to the Library of Congress in 
this Act, not more than $12,000 may be expended, on the certification 
of the Librarian of Congress, in connection with official 
representation and reception expenses for the Overseas Field Offices.
    Sec. 206. (a) For fiscal year 2002, the obligational authority of 
the Library of Congress for the activities described in subsection (b) 
may not exceed $114,473,000.
    (b) The activities referred to in subsection (a) are reimbursable 
and revolving fund activities that are funded from sources other than 
appropriations to the Library in appropriations Acts for the 
legislative branch.
    (c) For fiscal year 2002, the Librarian of Congress may temporarily 
transfer funds appropriated in this Act under the heading ``LIBRARY OF 
CONGRESS--Salaries and Expenses'' to the revolving fund for the FEDLINK 
Program and the Federal Research Program established under section 103 
of the Library of Congress Fiscal Operations Improvement Act of 2000 
(Public Law 106-481; 2 U.S.C. 182c): Provided, That the total amount of 
such transfers may not exceed $1,900,000: Provided further, That the 
appropriate revolving fund account shall reimburse the Library for any 
amounts transferred to it before the period of availability of the 
Library appropriation expires.
    Sec. 207. Section 101 of the Library of Congress Fiscal Operations 
Improvement Act of 2000 (Public Law 106-481; 2 U.S.C. 182a) is 
amended--
            (1) in the heading, by striking ``AUDIO AND VIDEO''; and
            (2) in subsection (a), by striking ``audio and video''.

                        ARCHITECT OF THE CAPITOL

                     Library Buildings and Grounds

                     structural and mechanical care

    For all necessary expenses for the mechanical and structural 
maintenance, care and operation of the Library buildings and grounds, 
$22,252,000, of which $8,918,000 shall remain available until expended.

                       GOVERNMENT PRINTING OFFICE

                 Office of Superintendent of Documents

                         salaries and expenses

                     (including transfer of funds)

    For expenses of the Office of Superintendent of Documents necessary 
to provide for the cataloging and indexing of Government publications 
and their distribution to the public, Members of Congress, other 
Government agencies, and designated depository and international 
exchange libraries as authorized by law, $29,639,000: Provided, That 
travel expenses, including travel expenses of the Depository Library 
Council to the Public Printer, shall not exceed $175,000: Provided 
further, That amounts of not more than $2,000,000 from current year 
appropriations are authorized for producing and disseminating 
Congressional serial sets and other related publications for 2000 and 
2001 to depository and other designated libraries: Provided further, 
That any unobligated or unexpended balances in this account or accounts 
for similar purposes for preceding fiscal years may be transferred to 
the Government Printing Office revolving fund for carrying out the 
purposes of this heading, subject to the approval of the Committees on 
Appropriations of the House of Representatives and Senate.

               Government Printing Office Revolving Fund

    The Government Printing Office is hereby authorized to make such 
expenditures, within the limits of funds available and in accord with 
the law, and to make such contracts and commitments without regard to 
fiscal year limitations as provided by section 9104 of title 31, United 
States Code, as may be necessary in carrying out the programs and 
purposes set forth in the budget for the current fiscal year for the 
Government Printing Office revolving fund: Provided, That not more than 
$2,500 may be expended on the certification of the Public Printer in 
connection with official representation and reception expenses: 
Provided further, That the revolving fund shall be available for the 
hire or purchase of not more than 12 passenger motor vehicles: Provided 
further, That expenditures in connection with travel expenses of the 
advisory councils to the Public Printer shall be deemed necessary to 
carry out the provisions of title 44, United States Code: Provided 
further, That the revolving fund shall be available for temporary or 
intermittent services under section 3109(b) of title 5, United States 
Code, but at rates for individuals not more than the daily equivalent 
of the annual rate of basic pay for level V of the Executive Schedule 
under section 5316 of such title: Provided further, That the revolving 
fund and the funds provided under the headings ``Office of 
Superintendent of Documents'' and ``salaries and expenses'' together 
may not be available for the full-time equivalent employment of more 
than 3,260 workyears (or such other number of workyears as the Public 
Printer may request, subject to the approval of the Committees on 
Appropriations of the Senate and the House of Representatives): 
Provided further, That activities financed through the revolving fund 
may provide information in any format: Provided further, That the 
revolving fund shall not be used to administer any flexible or 
compressed work schedule which applies to any manager or supervisor in 
a position the grade or level of which is equal to or higher than GS-
15: Provided further, That expenses for attendance at meetings shall 
not exceed $75,000.

                        Administrative Provision

   extension of early retirement and voluntary separation incentive 
                            payments for gpo

    Sec. 208. (a) Section 309 of the Legislative Branch Appropriations 
Act, 1999 (44 U.S.C. 305 note), is amended--
            (1) in subsection (b)(1)(A), by striking ``October 1, 
        2001'' and inserting ``October 1, 2004''; and
            (2) in subsection (c)(2), by striking ``September 30, 
        2001'' and inserting ``September 30, 2004''.
    (b) The amendments made by this section shall take effect as if 
included in the enactment of the Legislative Branch Appropriations Act, 
1999.

                       GENERAL ACCOUNTING OFFICE

                         Salaries and Expenses

    For necessary expenses of the General Accounting Office, including 
not more than $12,500 to be expended on the certification of the 
Comptroller General of the United States in connection with official 
representation and reception expenses; temporary or intermittent 
services under section 3109(b) of title 5, United States Code, but at 
rates for individuals not more than the daily equivalent of the annual 
rate of basic pay for level IV of the Executive Schedule under section 
5315 of such title; hire of one passenger motor vehicle; advance 
payments in foreign countries in accordance with section 3324 of title 
31, United States Code; benefits comparable to those payable under 
sections 901(5), 901(6), and 901(8) of the Foreign Service Act of 1980 
(22 U.S.C. 4081(5), 4081(6), and 4081(8)); and under regulations 
prescribed by the Comptroller General of the United States, rental of 
living quarters in foreign countries, $421,844,000: Provided, That not 
more than $1,751,000 of payments received under section 782 of title 
31, United States Code, shall be available for use in fiscal year 2002: 
Provided further, That not more than $750,000 of reimbursements 
received under section 9105 of title 31, United States Code, shall be 
available for use in fiscal year 2002: Provided further, That this 
appropriation and appropriations for administrative expenses of any 
other department or agency which is a member of the National 
Intergovernmental Audit Forum or a Regional Intergovernmental Audit 
Forum shall be available to finance an appropriate share of either 
Forum's costs as determined by the respective Forum, including 
necessary travel expenses of non-Federal participants: Provided 
further, That payments hereunder to the Forum may be credited as 
reimbursements to any appropriation from which costs involved are 
initially financed: Provided further, That this appropriation and 
appropriations for administrative expenses of any other department or 
agency which is a member of the American Consortium on International 
Public Administration (ACIPA) shall be available to finance an 
appropriate share of ACIPA costs as determined by the ACIPA, including 
any expenses attributable to membership of ACIPA in the International 
Institute of Administrative Sciences.

                     TITLE III--GENERAL PROVISIONS

    Sec. 301. No part of the funds appropriated in this Act shall be 
used for the maintenance or care of private vehicles, except for 
emergency assistance and cleaning as may be provided under regulations 
relating to parking facilities for the House of Representatives issued 
by the Committee on House Administration and for the Senate issued by 
the Committee on Rules and Administration.
    Sec. 302. No part of the funds appropriated in this Act shall 
remain available for obligation beyond fiscal year 2002 unless 
expressly so provided in this Act.
    Sec. 303. Whenever in this Act any office or position not 
specifically established by the Legislative Pay Act of 1929 is 
appropriated for or the rate of compensation or designation of any 
office or position appropriated for is different from that specifically 
established by such Act, the rate of compensation and the designation 
in this Act shall be the permanent law with respect thereto: Provided, 
That the provisions in this Act for the various items of official 
expenses of Members, officers, and committees of the Senate and House 
of Representatives, and clerk hire for Senators and Members of the 
House of Representatives shall be the permanent law with respect 
thereto.
    Sec. 304. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 
section 3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 305. (a) It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with funds 
made available in this Act should be American-made.
    (b) In providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this Act, the 
head of each Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement made in 
subsection (a) by the Congress.
    (c) If it has been finally determined by a court or Federal agency 
that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, such person shall be ineligible to receive any contract 
or subcontract made with funds provided pursuant to this Act, pursuant 
to the debarment, suspension, and ineligibility procedures described in 
section 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 306. Such sums as may be necessary are appropriated to the 
account described in subsection (a) of section 415 of Public Law 104-1 
to pay awards and settlements as authorized under such subsection.
    Sec. 307. Amounts available for administrative expenses of any 
legislative branch entity which participates in the Legislative Branch 
Financial Managers Council (LBFMC) established by charter on March 26, 
1996, shall be available to finance an appropriate share of LBFMC costs 
as determined by the LBFMC, except that the total LBFMC costs to be 
shared among all participating legislative branch entities (in such 
allocations among the entities as the entities may determine) may not 
exceed $252,000.
    Sec. 308. (a) Section 5596(a) of title 5, United States Code, is 
amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(6) the Architect of the Capitol; and
            ``(7) the United States Botanic Garden.''.
    (b) The amendment made by subsection (a) shall apply with respect 
to personnel actions taken on or after the date of the enactment of 
this Act.
    Sec. 309. Section 4(b) of the House Employees Position 
Classification Act (2 U.S.C. 293(b)) is amended by adding at the end 
the following: ``Notwithstanding any other provision of this Act, for 
purposes of applying the adjustment made by the committee under this 
subsection for 2002 and each succeeding year, positions under the Chief 
Administrative Officer shall include positions of the United States 
Capitol telephone exchange under the Chief Administrative Officer.''.
    Sec. 310. The Architect of the Capitol, in consultation with the 
District of Columbia, is authorized to maintain and improve the 
landscape features, excluding streets and sidewalks, in the irregular 
shaped grassy areas bounded by Washington Avenue, SW on the northeast, 
Second Street SW on the west, Square 582 on the south, and the 
beginning of the I-395 tunnel on the southeast.
    Sec. 311. Of the amounts made available in this Act for the Chief 
Administrative Officer of the House of Representatives and the amounts 
made available in this Act for the Architect of the Capitol for the 
item relating to ``house office buildings'', an aggregate amount of 
$75,000 shall be made available for the installation of compact 
fluorescent light bulbs in table, floor, and desk lamps in House office 
buildings for offices of the House which request them (including any 
retrofitting of the lamps which may be necessary to install such 
bulbs), consistent with the energy conservation plan of the Architect 
under section 310 of the Legislative Branch Appropriations Act, 1999.
    Sec. 312. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    This Act may be cited as the ``Legislative Branch Appropriations 
Act, 2002''.

            Passed the House of Representatives July 31, 2001.

            Attest:

                                                                 Clerk.
107th CONGRESS

  1st Session

                               H. R. 2647

_______________________________________________________________________

                                 AN ACT

 Making appropriations for the Legislative Branch for the fiscal year 
           ending September 30, 2002, and for other purposes.