[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2985 Enrolled Bill (ENR)]
H.R.2985
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
Making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2006, 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, 2006, and for other purposes, namely:
TITLE I--LEGISLATIVE BRANCH APPROPRIATIONS
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader of the
Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip
of the Senate, $10,000; Minority Whip of the Senate, $10,000; President
Pro Tempore emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $5,000 for each Chairman; in
all, $195,000.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized
by law, including agency contributions, $147,120,000, which shall be
paid from this appropriation without regard to the following
limitations:
office of the vice president
For the Office of the Vice President, $2,181,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $582,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore emeritus, $290,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $4,340,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $2,644,000.
committee on appropriations
For salaries of the Committee on Appropriations, $13,758,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,470,000 for each such committee; in all, $2,940,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $728,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,524,000 for each such committee; in all,
$3,048,000.
office of the chaplain
For Office of the Chaplain, $354,000.
office of the secretary
For Office of the Secretary, $20,866,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $56,700,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,584,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $37,105,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $5,437,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,306,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $6,000;
Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary for
the Majority of the Senate, $6,000; Secretary for the Minority of the
Senate, $6,000; in all, $24,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of
the Senate, section 112 of the Supplemental Appropriations and
Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281,
96th Congress, agreed to March 11, 1980, $119,637,000.
expenses of the united states senate caucus on international
narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $520,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$1,980,000.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper
of the Senate, $142,000,000, which shall remain available until
September 30, 2010.
miscellaneous items
For miscellaneous items, $17,000,000, of which up to $500,000 shall
be made available for a pilot program for mailings of postal patron
postcards by Senators for the purpose of providing notice of a town
meeting by a Senator in a county (or equivalent unit of local
government) at which the Senator will personally attend: Provided, That
any amount allocated to a Senator for such mailing shall not exceed 50
percent of the cost of the mailing and the remaining cost shall be paid
by the Senator from other funds available to the Senator.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$350,000,000.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
Sec. 1. Gross Rate of Compensation in Offices of Senators.
Effective on and after October 1, 2005, each of the dollar amounts
contained in the table under section 105(d)(1)(A) of the Legislative
Branch Appropriations Act, 1968 (2 U.S.C. 61-1(d)(1)(A)) shall be
deemed to be the dollar amounts in that table, as adjusted by law and
in effect on September 30, 2005, increased by an additional $50,000
each.
Sec. 2. Consultants. With respect to fiscal year 2006, the first
sentence of section 101(a) of the Supplemental Appropriations Act, 1977
(2 U.S.C. 61h-6(a)) shall be applied by substituting ``nine individual
consultants'' for ``eight individual consultants''.
Sec. 3. United States Senate Collection. Section 316 of Public Law
101-302 (2 U.S.C. 2107) is amended in the first sentence of subsection
(a) by striking ``2005'' and inserting ``2006''.
Sec. 4. Senate Commission on Art. Section 3(c)(2) of Public Law
108-83 (2 U.S.C. 2108(c)(2)) is amended by striking ``and for any
purposes'' through the period and inserting ``for any purposes for
which funds from the contingent fund of the Senate may be used under
section 316(a) of Public Law 101-302 (2 U.S.C. 2107(a)), and for
expenditures, not to exceed $10,000 in any fiscal year, for meals and
refreshments in Capitol facilities in connection with official
activities of the Commission or other authorized programs or
activities.''.
Sec. 5. Absences. Section 40 of the Revised Statutes (2 U.S.C. 39)
is amended by--
(1) striking ``Secretary of the Senate and the'';
(2) striking ``, respectively, shall'' and inserting ``shall'';
(3) striking ``Senate or''; and
(4) striking ``, respectively, unless'' and inserting ``,
unless''.
Sec. 6. Modification of Certain Consultant Requirement. Section
10(a)(5) of the Legislative Branch Appropriations Act, 1999 (2 U.S.C.
72d) is amended by inserting ``, except that any approval (and related
reporting requirement) shall not apply'' after ``May 14, 1975''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,100,907,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law, $19,844,000,
including: Office of the Speaker, $2,788,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,089,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $2,928,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,797,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$1,345,000, including $5,000 for official expenses of the Minority
Whip; Speaker's Office for Legislative Floor Activities, $482,000;
Republican Steering Committee, $906,000; Republican Conference,
$1,548,000; Republican Policy Committee, $307,000; Democratic Steering
and Policy Committee, $1,945,000; Democratic Caucus, $816,000; nine
minority employees, $1,445,000; training and program development--
majority, $290,000; training and program development--minority,
$290,000; Cloakroom Personnel--majority, $434,000; and Cloakroom
Personnel--minority, $434,000.
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, $542,109,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $117,913,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2006.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$25,668,000, 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, 2006.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $172,249,000, including: for salaries and expenses
of the Office of the Clerk, including not more than $13,000, of which
not more than $10,000 is for the Family Room, for official
representation and reception expenses, $21,911,000; for salaries and
expenses of the Office of the Sergeant at Arms, including the position
of Superintendent of Garages, and including not more than $3,000 for
official representation and reception expenses, $6,284,000; for
salaries and expenses of the Office of the Chief Administrative
Officer, $121,471,000, of which $7,806,000 shall remain available until
expended; for salaries and expenses of the Office of the Inspector
General, $3,991,000; for salaries and expenses of the Office of
Emergency Planning, Preparedness and Operations, $5,000,000, to remain
available until expended; for salaries and expenses of the Office of
General Counsel, $962,000; for the Office of the Chaplain, $161,000;
for salaries and expenses of the Office of the Parliamentarian,
including the Parliamentarian and $2,000 for preparing the Digest of
Rules, $1,767,000; for salaries and expenses of the Office of the Law
Revision Counsel of the House, $2,453,000; for salaries and expenses of
the Office of the Legislative Counsel of the House, $6,963,000; for
salaries and expenses of the Office of Interparliamentary Affairs,
$720,000; for other authorized employees, $161,000; and for salaries
and expenses of the Office of the Historian, $405,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $223,124,000, including: supplies, materials, administrative costs
and Federal tort claims, $4,179,000; 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, $214,422,000; supplies, materials,
and other costs relating to the House portion of expenses for the
Capitol Visitor Center, $3,410,000, to remain available until expended;
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,
$703,000.
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
(2 U.S.C. 2112), subject to the level specified in the budget of the
Center, as submitted to the Committee on Appropriations of the House of
Representatives.
Administrative Provision
Sec. 101. (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 2006. Any amount
remaining after all payments are made under such allowances for fiscal
year 2006 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.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,276,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$8,781,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
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 $2,175 per month to the Attending
Physician; (2) an allowance of $725 per month each to four medical
officers while on duty in the Office of the Attending Physician; (3) an
allowance of $725 per month to two assistants and $580 per month each
not to exceed 11 assistants on the basis heretofore provided for such
assistants; and (4) $1,834,000 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, $2,545,000, to be disbursed by
the Chief Administrative Officer of the House of Representatives.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and Special
Services Office, $4,098,000, to be disbursed by the Secretary of the
Senate: Provided, That no part of such amount may be used to employ
more than 58 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 109th 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.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay differential, and Government contributions
for health, retirement, social security, professional liability
insurance, and other applicable employee benefits, $217,456,000, to be
disbursed by the Chief of the Capitol Police or his designee.
General Expenses
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, the awards
program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $32,000,000, to be
disbursed by the Chief of the Capitol Police or his designee: 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 2006 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
Administrative Provisions
(including transfer of funds)
Sec. 1001. Transfer Authority. Amounts appropriated for fiscal year
2006 for the Capitol Police may be transferred between the headings
``salaries'' and ``general expenses'' upon the approval of the
Committees on Appropriations of the Senate and the House of
Representatives.
Sec. 1002. Mounted Horse Unit. (a) The United States Capitol Police
may not operate a mounted horse unit during fiscal year 2006 or any
succeeding fiscal year.
(b) Not later than 60 days after the date of the enactment of this
Act, the Chief of the Capitol Police shall transfer to the Chief of the
United States Park Police the horses, equipment, and supplies of the
Capitol Police mounted horse unit which remain in the possession of the
Capitol Police as of such date.
Sec. 1003. Ethics in Goverment Act. (a) Section 103(h)(1)(A)(i)(I)
of the Ethics in Government Act of 1978 (5 U.S.C. App.
103(h)(1)(A)(i)(I)) is amended by inserting ``United States Capitol
Police,'' after ``Architect of the Capitol,''.
(b) The amendment made by subsection (a) shall apply with respect
to reports filed under the Ethics in Government Act of 1978 for
calendar year 2005 and each succeeding calendar year.
Sec. 1004. Inspector General for the United States Capitol Police.
(a) Establishment of Office.--There is established in the United States
Capitol Police the Office of the Inspector General (hereafter in this
section referred to as the ``Office''), headed by the Inspector General
of the United States Capitol Police (hereafter in this section referred
to as the ``Inspector General'').
(b) Inspector General.--
(1) Appointment.--The Inspector General shall be appointed by,
and under the general supervision of, the Capitol Police Board. The
appointment shall be made in consultation with the Inspectors
General of the Library of Congress, Government Printing Office, and
the Government Accountability Office. The Capitol Police Board
shall appoint the Inspector General without regard to political
affiliation and solely on the basis of integrity and demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations.
(2) Term of service.--The Inspector General shall serve for a
term of 5 years, and an individual serving as Inspector General may
be reappointed for not more than 2 additional terms.
(3) Removal.--The Inspector General may be removed from office
prior to the expiration of his term only by the unanimous vote of
all of the voting members of the Capitol Police Board, and the
Board shall communicate the reasons for any such removal to the
Committee on House Administration, the Senate Committee on Rules
and Administration and the Committees on Appropriations of the
House of Representatives and of the Senate.
(4) Salary.--The Inspector General shall be paid at an annual
rate equal to $1,000 less than the annual rate of pay in effect for
the Chief of the Capitol Police.
(5) Deadline.--The Capitol Police Board shall appoint the first
Inspector General under this section not later than 180 days after
the date of the enactment of this Act.
(c) Duties.--
(1) Applicability of duties of inspector general of executive
branch establishment.--The Inspector General shall carry out the
same duties and responsibilities with respect to the United States
Capitol Police as an Inspector General of an establishment carries
out with respect to an establishment under section 4 of the
Inspector General Act of 1978, (5 U.S.C. App. 4), under the same
terms and conditions which apply under such section.
(2) Semiannual reports.--The Inspector General shall prepare
and submit semiannual reports summarizing the activities of the
Office in the same manner, and in accordance with the same
deadlines, terms, and conditions, as an Inspector General of an
establishment under section 5 (other than subsection (a)(13)
thereof) of the Inspector General Act of 1978, (5 U.S.C. App. 5).
For purposes of applying section 5 of such Act to the Inspector
General, the Chief of the Capitol Police shall be considered the
head of the establishment. The Chief shall, within 30 days of
receipt of a report, report to the Capitol Police Board, the
Committee on House Administration, the Senate Committee on Rules
and Administration, and the Committees on Appropriations of the
House of Representatives and of the Senate consistent with section
5(b) of such Act.
(3) Investigations of complaints of employees and members.--
(A) Authority.--The Inspector General may receive and
investigate complaints or information from an employee or
member of the Capitol Police concerning the possible existence
of an activity constituting a violation of law, rules, or
regulations, or mismanagement, gross waste of funds, abuse of
authority, or a substantial and specific danger to the public
health and safety, including complaints or information the
investigation of which is under the jurisdiction of the
Internal Affairs Division of the Capitol Police as of the date
of the enactment of this Act.
(B) Nondisclosure.--The Inspector General shall not, after
receipt of a complaint or information from an employee or
member, disclose the identity of the employee or member without
the consent of the employee or member, unless required by law
or the Inspector General determines such disclosure is
otherwise unavoidable during the course of the investigation.
(C) Prohibiting retaliation.--An employee or member of the
Capitol Police who has authority to take, direct others to
take, recommend, or approve any personnel action, shall not,
with respect to such authority, take or threaten to take any
action against any employee or member as a reprisal for making
a complaint or disclosing information to the Inspector General,
unless the complaint was made or the information disclosed with
the knowledge that it was false or with willful disregard for
its truth or falsity.
(4) Independence in carrying out duties.--Neither the Capitol
Police Board, the Chief of the Capitol Police, nor any other member
or employee of the Capitol Police may prevent or prohibit the
Inspector General from carrying out any of the duties or
responsibilities assigned to the Inspector General under this
section.
(d) Powers.--
(1) In general.--The Inspector General may exercise the same
authorities with respect to the United States Capitol Police as an
Inspector General of an establishment may exercise with respect to
an establishment under section 6(a) of the Inspector General Act of
1978, (5 U.S.C. App. 6(a)), other than paragraphs (7) and (8) of
such section.
(2) Staff.--
(A) In general.--The Inspector General may appoint and fix
the pay of such personnel as the Inspector General considers
appropriate. Such personnel may be appointed without regard to
the provisions of title 5, United States Code, regarding
appointments in the competitive service, and may be paid
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification and
General Schedule pay rates, except that no personnel of the
Office (other than the Inspector General) may be paid at an
annual rate greater than $500 less than the annual rate of pay
of the Inspector General under subsection (b)(4).
(B) Experts and consultants.--The Inspector General may
procure temporary and intermittent services under section 3109
of title 5, United States Code, at rates not to exceed the
daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of such title.
(C) Independence in appointing staff.--No individual may
carry out any of the duties or responsibilities of the Office
unless the individual is appointed by the Inspector General, or
provides services procured by the Inspector General, pursuant
to this paragraph. Nothing in this subparagraph may be
construed to prohibit the Inspector General from entering into
a contract or other arrangement for the provision of services
under this section.
(D) Applicability of capitol police personnel rules.--None
of the regulations governing the appointment and pay of
employees of the Capitol Police shall apply with respect to the
appointment and compensation of the personnel of the Office,
except to the extent agreed to by the Inspector General.
Nothing in the previous sentence may be construed to affect
subparagraphs (A) through (C).
(3) Equipment and supplies.--The Chief of the Capitol Police
shall provide the Office with appropriate and adequate office
space, together with such equipment, supplies, and communications
facilities and services as determined by the Inspector General to
be necessary for the operation of the Office, and shall provide
necessary maintenance services for such office space and the
equipment and facilities located therein.
(e) Transfer of Functions.--
(1) Transfer.--To the extent that any office or entity in the
Capitol Police prior to the appointment of the first Inspector
General under this section carried out any of the duties and
responsibilities assigned to the Inspector General under this
section, the functions of such office or entity shall be
transferred to the Office upon the appointment of the first
Inspector General under this section.
(2) No reduction in pay or benefits.--The transfer of the
functions of an office or entity to the Office under paragraph (1)
may not result in a reduction in the pay or benefits of any
employee of the office or entity, except to the extent required
under subsection (d)(2)(A).
(f) Effective Date.--This section shall be effective upon enactment
of this Act.
(g) Conforming Amendment.--Section 108(b)(2)(D) of the Legislative
Branch Appropriations Act, 2001, Public Law 106-554 (2 U.S.C.
1903(b)(2)(D)) is amended to read as follows:
``(D) Prepare annual financial statements for the Capitol
Police, and such financial statements shall be audited by the
Inspector General of the Capitol Police or by an independent
public accountant, as determined by the Inspector General.''.
Sec. 1005. Report of Disbursements. (a) In General.--Not later than
60 days after the last day of each semiannual period, the Chief of the
Capitol Police shall submit to Congress, with respect to that period, a
detailed, itemized report of the disbursements for the operations of
the United States Capitol Police.
(b) Contents.--The report required by subsection (a) shall
include--
(1) the name of each person or entity who receives a payment
from the Capitol Police and the amount thereof;
(2) a description of any service rendered to the Capitol
Police, together with service dates;
(3) a statement of all amounts appropriated to, or received or
expended by, the Capitol Police and any unexpended balances of such
amounts for any open fiscal year; and
(4) such additional information as may be required by
regulation of the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration of the
Senate.
(c) Printing.--Each report under this section shall be printed as a
House document.
(d) Effective Date.--This section shall apply with respect to the
semiannual periods of October 1 through March 31 and April 1 through
September 30 of each year, beginning with the semiannual period in
which this section is enacted.
Sec. 1006. Capitol Police and Transfer of Library of Congress
Police. (a) Limitation On Certain Hiring Authority of Capitol Police.--
Section 1006(b)(3) of the Legislative Branch Appropriations Act, 2004
(Public Law 108-83; 117 Stat. 1023), as amended by section 1002 of the
Legislative Branch Appropriations Act, 2005 (2 U.S.C. 1901 note; Public
Law 108-447; 118 Stat. 3179), is further amended by adding after
subparagraph (D), the following:
``(E) Limitation for fiscal year 2006.--During fiscal year
2006, the number of individuals hired under this subsection may
not exceed--
``(i) the number of Library of Congress Police
employees who separated from service or transferred to a
position other than a Library of Congress Police employee
position during fiscal year 2005 for whom a corresponding
hire was not made under this subsection; and
``(ii) the number of Library of Congress Police
employees who separate from service or transfer to a
position other than a Library of Congress Police employee
position during fiscal year 2006.''.
(b) Memorandum of Understanding.--The Memorandum of Understanding
between the Library of Congress and the Capitol Police entered into on
December 12, 2004, shall remain in effect through fiscal year 2006,
subject to such modifications as may be made in accordance with the
modification and dispute resolution provisions of the Memorandum of
Understanding.
Sec. 1007. (a) Waiving Repayment of Certain Overtime Compensation
Paid Incorrectly.--Except as provided in subsection (b), any individual
to whom overtime compensation was paid under section 1009 of the
Legislative Branch Appropriations Act, 2003 (Public Law 108-7; 117
Stat. 359), in violation of the restrictions applicable to the payment
of such compensation under section 1009(b) of such Act shall not be
required to repay the compensation, but only to the extent the
compensation was paid for services provided prior to June 15, 2005.
(b) Exception.--Subsection (a) shall not apply with respect to any
officer or employee of the United States Capitol Police whose annual
rate of pay is specified in statute and is not established under the
schedule of rates of basic pay established and maintained by the
Capitol Police Board.
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), $3,112,000, of which $780,000 shall remain
available until September 30, 2007: Provided, That the Executive
Director of the Office of Compliance may, within the limits of
available appropriations, dispose of surplus or obsolete personal
property by interagency transfer, donation, or discarding: Provided
further, That not more than $500 may be expended on the certification
of the Executive Director of the Office of Compliance in connection
with official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, 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, $35,450,000.
Administrative Provision
Sec. 1100. (a) Permitting Waiver of Claims For Overpayment of Pay
and Allowances.--Section 5584(g) of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by inserting immediately after paragraph (6) the following
new paragraph:
``(7) the Congressional Budget Office.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2006 and each succeeding fiscal year.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the 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 $5,000 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, $76,812,000.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $23,352,000, of which $8,300,000 shall remain available
until September 30, 2010.
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, $7,511,000.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be
expended under the control and supervision of the Architect of the
Capitol, $67,004,000, of which $15,745,000 shall remain available until
September 30, 2010.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $59,616,000, of which $20,922,000 shall
remain available until September 30, 2010.
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, $58,685,000, of which $1,600,000 shall remain available
until September 30, 2010: Provided, That not more than $6,600,000 of
the funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2006.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$68,763,000, of which $42,500,000 shall remain available until
September 30, 2010.
Capitol Police Buildings and Grounds
For all necessary expenses for the maintenance, care and operation
of buildings and grounds of the United States Capitol Police,
$14,902,000, of which $5,000,000 shall remain available until September
30, 2010.
Botanic Garden
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, $7,633,000: Provided, That this
appropriation shall not be available for construction of the National
Garden: Provided further, That of the amount made available under this
heading, the Architect may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the National
Garden established under section 307E of the Legislative Branch
Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers approved by the
Architect or a duly authorized designee.
Capitol Visitor Center
For an additional amount for the Capitol Visitor Center project,
$41,900,000, to remain available until expended, and in addition,
$2,300,000 for Capitol Visitor Center operation costs: Provided, That
the Architect of the Capitol may not obligate any of the funds which
are made available for the Capitol Visitor Center project without an
obligation plan approved by the Committees on Appropriations of the
Senate and House of Representatives.
Administrative Provisions
Sec. 1201. (a) Section 108 of the Legislative Branch Appropriations
Act, 1991 (2 U.S.C. 1849), is amended in subsection (b), by striking
``8 positions'' and inserting ``9 positions''.
(b) The amendment made by subsection (a) shall apply with respect
to pay periods beginning on or after the date of the enactment of this
Act.
Sec. 1202. (a) Section 905 of the 2002 Supplemental Appropriations
Act for Further Recovery From and Response To Terrorist Attacks on the
United States (2 U.S.C. 1819) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) In the case of a building or facility acquired through
purchase pursuant to subsection (a), the Architect of the Capitol may
enter into or assume a lease with another person for the use of any
portion of the building or facility that the Architect of the Capitol
determines is not required to be used to carry out the purposes of this
section, subject to the approval of the entity which approved the
acquisition of such building or facility under subsection (b).''.
(b) The amendments made by subsection (a) shall apply with respect
to leases entered into on or after the date of the enactment of this
Act.
LIBRARY OF CONGRESS
Salaries and Expenses
(including rescission of funds)
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
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, $395,754,000, of which
not more than $6,000,000 shall be derived from collections credited to
this appropriation during fiscal year 2006, 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 2006 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 $6,350,000:
Provided further, That of the total amount appropriated, $13,972,000
shall remain available until expended for the partial 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, 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:
Provided further, That of the total amount appropriated, $5,860,000
shall remain available until expended for the digital collections and
educational curricula program under section 1306 of this Act: Provided
further, That of the total amount appropriated, $600,000 shall remain
available until expended, and shall be transferred to the Abraham
Lincoln Bicentennial Commission for carrying out the purposes of Public
Law 106-173, of which $10,000 may be used for official representation
and reception expenses of the Abraham Lincoln Bicentennial Commission:
Provided further, That of the total amount appropriated, $11,078,000
shall remain available until expended for partial support of the
National Audio-Visual Conservation Center: Provided further, That of
the total amount appropriated, $250,000 shall be used to provide a
grant to the Middle Eastern Text Initiative for translation and
publishing of middle eastern text: Provided further, That no funds made
available under this heading may be expended inconsistently with the
provisions and intent of section 1006 of the Legislative Branch
Appropriations Act, 2004 (Public Law 108-83), as amended, and the
memorandum of understanding between the Library of Congress and the
Capitol Police entered into on December 12, 2004: Provided further,
That of the total amount appropriated, $300,000 shall be available to
the University of South Carolina for the Cooperative Preservation and
Conservation project for the Movietone Newsreel collection: Provided
further, That of the total amount appropriated, $400,000 shall be
available to the University of Mississippi American Music Archives:
Provided further, That of the amounts made available under this heading
in chapter 9 of division A of the Miscellaneous Appropriations Act,
2001 (Public Law 106-554; 114 Stat. 2763A-194), $6,858,000 are
rescinded.
Copyright Office
Salaries and Expenses
For necessary expenses of the Copyright Office, $58,601,000, of
which not more than $30,481,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2006 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess of the
amount authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $5,465,000 shall be derived from
collections during fiscal year 2006 under sections 111(d)(2),
119(b)(2), 802(h), 1005, and 1316 of such title: Provided further, That
the total amount available for obligation shall be reduced by the
amount by which collections are less than $35,946,000: 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: Provided further, That
notwithstanding any provision of chapter 8 of title 17, United States
Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program.
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, $100,916,000: 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.
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), $54,449,000, of which
$16,231,000 shall remain available until expended: Provided, That of
the total amount appropriated, $400,000 shall remain available until
expended to reimburse the National Federation of the Blind for costs
incurred in the operation of its ``NEWSLINE'' program.
Administrative Provisions
Sec. 1301. Incentive Awards Program. 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. 1302. Reimbursable and Revolving Fund Activities. (a) In
General.--For fiscal year 2006, the obligational authority of the
Library of Congress for the activities described in subsection (b) may
not exceed $109,943,000.
(b) Activities.--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) Transfer of Funds.--During fiscal year 2006, the Librarian of
Congress may temporarily transfer funds appropriated in this Act, under
the heading ``LIBRARY OF CONGRESS'' under the subheading ``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. 1303. National Digital Information Infrastructure and
Preservation Program. The Miscellaneous Appropriations Act, 2001
(enacted into law by section 1(a)(4) of Public Law 106-554, 114 Stat.
2763A-194) is amended in the first proviso under the subheading
``Salaries and Expenses'' under the heading ``LIBRARY OF CONGRESS'' in
chapter 9 of division A by adding at the end ``, except that an amount
not to exceed $10,000,000 of such additional $75,000,000 shall remain
available until expended and may be used for competitive grants to
State governmental entities, without regard to any matching
contribution requirement, to work cooperatively to collect and preserve
at-risk digital State and local government information''.
Sec. 1304. United States Diplomatic Facilities. Funds made
available for the Library of Congress under this Act are available for
transfer to the Department of State as remittance for a fee charged by
the Department for fiscal year 2006 for the maintenance, upgrade, or
construction of United States diplomatic facilities only to the extent
that the amount of the fee so charged is equal to or less than the
unreimbursed value of the services provided during fiscal year 2006 to
the Library of Congress on State Department diplomatic facilities.
Sec. 1305. Parliamentary Development. (a) Section 208 of the
Legislative Branch Appropriations Act, 1996 (Public Law 104-53; 109
Stat. 532), is hereby repealed.
(b) The amendment made by this section shall take effect on the
date of the enactment of this Act or October 1, 2005, whichever occurs
earlier.
Sec. 1306. Incorporation of Digital Collections Into Educational
Curricula. (a) Short Title.--This section may be cited as the ``Library
of Congress Digital Collections and Educational Curricula Act of
2005''.
(b) Program.--The Librarian of Congress shall administer a program
to teach educators and librarians how to incorporate the digital
collections of the Library of Congress into educational curricula.
(c) Educational Consortium.--In administering the program under
this section, the Librarian of Congress may--
(1) establish an educational consortium to support the program;
and
(2) make funds appropriated for the program available to
consortium members, educational institutions, and libraries.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2006 and each fiscal year thereafter.
Sec. 1307. Inspector General of the Library of Congress. (a) Short
Title.--This section may be cited as the ``Library of Congress
Inspector General Act of 2005''.
(b) Office of Inspector General.--There is an Office of Inspector
General within the Library of Congress which is an independent
objective office to--
(1) conduct and supervise audits and investigations (excluding
incidents involving violence and personal property) relating to the
Library of Congress;
(2) provide leadership and coordination and recommend policies
to promote economy, efficiency, and effectiveness; and
(3) provide a means of keeping the Librarian of Congress and
the Congress fully and currently informed about problems and
deficiencies relating to the administration and operations of the
Library of Congress.
(c) Appointment of Inspector General; Supervision; Removal.--
(1) Appointment and supervision.--
(A) In general.--There shall be at the head of the Office
of Inspector General, an Inspector General who shall be
appointed by the Librarian of Congress without regard to
political affiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations. The Inspector General shall report to, and be
under the general supervision of, the Librarian of Congress.
(B) Audits, investigations, and reports.--The Librarian of
Congress shall have no authority to prevent or prohibit the
Inspector General from--
(i) initiating, carrying out, or completing any audit
or investigation;
(ii) issuing any subpoena during the course of any
audit or investigation; or
(iii) issuing any report.
(2) Removal.--The Inspector General may be removed from office
by the Librarian of Congress. The Librarian of Congress shall,
promptly upon such removal, communicate in writing the reasons for
any such removal to each House of the Congress.
(d) Duties, Responsibilities, Authority, and Reports.--
(1) In general.--Sections 4, 5 (other than subsections
(a)(13)), 6(a) (other than paragraphs (7) and (8) thereof), and 7
of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply to
the Inspector General of the Library of Congress and the Office of
such Inspector General and such sections shall be applied to the
Library of Congress and the Librarian of Congress by substituting--
(A) ``Library of Congress'' for ``establishment''; and
(B) ``Librarian of Congress'' for ``head of the
establishment''.
(2) Employees.--The Inspector General, in carrying out the
provisions of this section, is authorized to select, appoint, and
employ such officers and employees (including consultants) as may
be necessary for carrying out the functions, powers, and duties of
the Office of Inspector General subject to the provisions of law
governing selections, appointments, and employment in the Library
of Congress.
(e) Transfers.--All functions, personnel, and budget resources of
the Office of Investigations of the Library of Congress are transferred
to the Office of Inspector General.
(f) Incumbent.--The individual who serves in the position of
Inspector General of the Library of Congress on the date of enactment
of this Act shall continue to serve in that position, subject to
removal in accordance with this section.
(g) References.--References in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to the Inspector General of the Library of Congress shall
be deemed to refer to the Inspector General of the Library of Congress
as set forth under this section.
(h) Effective Date.--This section shall be effective upon enactment
of this Act.
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 (section 902 of title 44, United States
Code); 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, $88,090,000: 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
section 906 of title 44, United States Code: 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.
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, $33,337,000: Provided, 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 fiscal years 2004 and 2005 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
For payment to the Government Printing Office Revolving Fund,
$2,000,000 for workforce retraining: Provided, That the Government
Printing Office may make such expenditures, within the limits of funds
available and in accordance with 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 further, That not more than $5,000 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 2,621 workyears (or such other
number of workyears as the Public Printer may request, subject to the
approval of the Committees on Appropriations of the House of
Representatives and Senate): Provided further, That activities financed
through the revolving fund may provide information in any format:
Provided further, That not more than $10,000 may be expended from the
revolving fund in support of the activities of the Benjamin Franklin
Tercentenary Commission established by Public Law 107-202.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability 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), (6), and (8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
the Comptroller General of the United States, rental of living quarters
in foreign countries, $482,395,000: Provided, That not more than
$5,104,000 of payments received under section 782 of title 31, United
States Code, shall be available for use in fiscal year 2006: Provided
further, That not more than $2,061,000 of reimbursements received under
section 9105 of title 31, United States Code, shall be available for
use in fiscal year 2006: 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.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$14,000,000.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2
U.S.C. 1105), $430,000.
TITLE II--GENERAL PROVISIONS
Sec. 201. Maintenance and Care of Private Vehicles. 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. 202. Fiscal Year Limitation. No part of the funds appropriated
in this Act shall remain available for obligation beyond fiscal year
2006 unless expressly so provided in this Act.
Sec. 203. Rates of Compensation and Designation. Whenever in this
Act any office or position not specifically established by the
Legislative Pay Act of 1929 (46 Stat. 32 et seq.) 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. 204. Consulting Services. The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
under 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 under
existing law.
Sec. 205. Awards and Settlements. Such sums as may be necessary are
appropriated to the account described in subsection (a) of section 415
of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to
pay awards and settlements as authorized under such subsection.
Sec. 206. Costs of LBFMC. 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 $2,000.
Sec. 207. Landscape Maintenance. 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. 208. Limitation on Transfers. None of the funds made available
in this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or any
other appropriation Act.
TITLE III--CONTINUITY IN REPRESENTATION
Sec. 301. Section 26 of the Revised Statutes of the United States
(2 U.S.C. 8) is amended--
(1) by striking ``The time'' and inserting ``(a) In General.--
Except as provided in subsection (b), the time''; and
(2) by adding at the end the following new subsection:
``(b) Special Rules in Extraordinary Circumstances.--
``(1) In general.--In extraordinary circumstances, the
executive authority of any State in which a vacancy exists in its
representation in the House of Representatives shall issue a writ
of election to fill such vacancy by special election.
``(2) Timing of special election.--A special election held
under this subsection to fill a vacancy shall take place not later
than 49 days after the Speaker of the House of Representatives
announces that the vacancy exists, unless, during the 75-day period
which begins on the date of the announcement of the vacancy--
``(A) a regularly scheduled general election for the office
involved is to be held; or
``(B) another special election for the office involved is
to be held, pursuant to a writ for a special election issued by
the chief executive of the State prior to the date of the
announcement of the vacancy.
``(3) Nominations by parties.--If a special election is to be
held under this subsection, the determination of the candidates who
will run in such election shall be made--
``(A) by nominations made not later than 10 days after the
Speaker announces that the vacancy exists by the political
parties of the State that are authorized by State law to
nominate candidates for the election; or
``(B) by any other method the State considers appropriate,
including holding primary elections, that will ensure that the
State will hold the special election within the deadline
required under paragraph (2).
``(4) Extraordinary circumstances.--
``(A) In general.--In this subsection, `extraordinary
circumstances' occur when the Speaker of the House of
Representatives announces that vacancies in the representation
from the States in the House exceed 100.
``(B) Judicial review.--If any action is brought for
declaratory or injunctive relief to challenge an announcement
made under subparagraph (A), the following rules shall apply:
``(i) Not later than 2 days after the announcement, the
action shall be filed in the United States District Court
having jurisdiction in the district of the Member of the
House of Representatives whose seat has been announced to
be vacant and shall be heard by a 3-judge court convened
pursuant to section 2284 of title 28, United States Code.
``(ii) A copy of the complaint shall be delivered
promptly to the Clerk of the House of Representatives.
``(iii) A final decision in the action shall be made
within 3 days of the filing of such action and shall not be
reviewable.
``(iv) The executive authority of the State that
contains the district of the Member of the House of
Representatives whose seat has been announced to be vacant
shall have the right to intervene either in support of or
opposition to the position of a party to the case regarding
the announcement of such vacancy.
``(5) Protecting ability of absent military and overseas voters
to participate in special elections.--
``(A) Deadline for transmittal of absentee ballots.--In
conducting a special election held under this subsection to
fill a vacancy in its representation, the State shall ensure to
the greatest extent practicable (including through the use of
electronic means) that absentee ballots for the election are
transmitted to absent uniformed services voters and overseas
voters (as such terms are defined in the Uniformed and Overseas
Citizens Absentee Voting Act) not later than 15 days after the
Speaker of the House of Representatives announces that the
vacancy exists.
``(B) Period for ballot transit time.--Notwithstanding the
deadlines referred to in paragraphs (2) and (3), in the case of
an individual who is an absent uniformed services voter or an
overseas voter (as such terms are defined in the Uniformed and
Overseas Citizens Absentee Voting Act), a State shall accept
and process any otherwise valid ballot or other election
material from the voter so long as the ballot or other material
is received by the appropriate State election official not
later than 45 days after the State transmits the ballot or
other material to the voter.
``(6) Application to district of columbia and territories.--
This subsection shall apply--
``(A) to a Delegate or Resident Commissioner to the
Congress in the same manner as it applies to a Member of the
House of Representatives; and
``(B) to the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, and the United States Virgin
Islands in the same manner as it applies to a State, except
that a vacancy in the representation from any such jurisdiction
in the House shall not be taken into account by the Speaker in
determining whether vacancies in the representation from the
States in the House exceed 100 for purposes of paragraph
(4)(A).
``(7) Rule of construction regarding federal election laws.--
Nothing in this subsection may be construed to affect the
application to special elections under this subsection of any
Federal law governing the administration of elections for Federal
office (including any law providing for the enforcement of any such
law), including, but not limited to, the following:
``(A) The Voting Rights Act of 1965 (42 U.S.C. 1973 et
seq.), as amended.
``(B) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.), as amended.
``(C) The Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff et seq.), as amended.
``(D) The National Voter Registration Act of 1993 (42
U.S.C. 1973gg et seq.), as amended.
``(E) The Americans With Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), as amended.
``(F) The Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), as amended.
``(G) The Help America Vote Act of 2002 (42 U.S.C. 15301 et
seq.), as amended.''.
This Act may be cited as the ``Legislative Branch Appropriations
Act, 2006''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.