[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2985 Reported in House (RH)]
Union Calendar No. 83
109th CONGRESS
1st Session
H. R. 2985
[Report No. 109-139]
Making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2006, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2005
Mr. Lewis, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
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:
HOUSE OF REPRESENTATIVES
salaries and expenses
For salaries and expenses of the House of Representatives,
$1,092,407,000, 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, $538,109,000.
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, $167,749,000, 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, $116,971,000, of which $3,306,000 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 Provisions
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, $4,268,000, 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, $210,350,000, 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, $29,345,000, 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. (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. (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. Section 1003 of the Legislative Branch Appropriations
Act, 2004 (Public Law 108-83; 117 Stat. 1021), is hereby repealed, and
each provision of law amended by such section is hereby restored as if
such section had not been enacted into law.
Sec. 1005. (a) During fiscal year 2006 and each succeeding fiscal
year, the United States Capitol Police may not carry out any
reprogramming, transfer, or use of funds described in subsection (b)
unless--
(1) the Chief of the Capitol Police submits a request for
the reprogramming, transfer, or use of funds to the Committees
on Appropriations of the House of Representatives and Senate on
or before August 1 of the respective year, unless both such
Committees agree to accept the request at a later date because
of extraordinary and emergency circumstances cited by the
Chief;
(2) the request contains clearly stated and detailed
documentation presenting justification for the reprogramming,
transfer, or use of funds;
(3) the request contains a declaration that, as of the date
of the request, none of the funds included in the request have
been obligated, and none will be obligated, until both
Committees have approved the request; and
(4) both Committees approve the request.
(b) A reprogramming, transfer, or use of funds described in this
subsection is any reprogramming or transfer of funds, or use of
unobligated balances, under which--
(1) the amount to be shifted to or from any object class,
approved budget, or program involved under the request, or the
aggregate amount to be shifted to or from any object class,
approved budget, or program involved during the fiscal year
taking into account the amount contained in the request, is in
excess of $250,000 or 10 percent, whichever is less, of the
object class, approved budget, or program;
(2) the reprogramming, transfer, or use of funds would
result in a major change to the program or item which is
different than that presented to and approved by the Committees
on Appropriations of the House of Representatives and Senate;
or
(3) the funds involved were earmarked by either of the
Committees for a specific activity which is different than the
activity proposed under the request, without regard to whether
the amount provided in the earmark is less than, equal to, or
greater than the amount required to carry out the activity.
Sec. 1006. (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 the Capitol Police Board, in consultation with and subject
to the approval of the Speaker of the House of Representatives
and the President pro tempore of the Senate, acting jointly,
and shall be appointed 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 members of the Capitol Police
Board, and the Board shall communicate the reasons for any such
removal to the Speaker of the House of Representatives and
President pro tempore 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 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 Capitol
Police Board shall be considered the head of the establishment,
except that the Inspector General shall transmit to the Chief
of the Capitol Police a copy of any report submitted to the
Board pursuant to this paragraph.
(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 the Inspector General determines such
disclosure is 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 may 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).
Sec. 1007. (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;
(2) the cost of any item furnished to the Capitol Police;
(3) a description of any service rendered to the Capitol
Police, together with service dates;
(4) 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
(5) 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.
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, $77,002,000, of which $350,000 shall remain
available until September 30, 2008.
Capitol Building
For all necessary expenses for maintenance, care, and operation of
the Capitol, $22,097,000, of which $6,580,000 shall remain available
until September 30, 2008.
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, $7,723,000, of which $740,000 shall remain
available until September 30, 2008.
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, 2008.
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, $58,585,000, of which $1,592,000 shall remain available
until September 30, 2008: 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,
$31,318,000, of which $6,325,000 shall remain available until September
30, 2008.
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,
$16,830,000, of which $5,500,000 shall remain available until September
30, 2008.
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, $7,211,000: 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,
$36,900,000, to remain available until expended: 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--
(1) in subsection (b), by striking ``8 positions'' and
inserting ``10 positions''; and
(2) in subsection (c), by striking ``4 positions'' and
inserting ``2 positions''.
(b) The amendments 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.
Sec. 1203. (a) There is hereby established the Capitol Visitor
Center Governing Board (hereafter in this section referred to as the
``Governing Board''), consisting of each of the following individuals:
(1) The Speaker of the House of Representatives, or the
Speaker's designee.
(2) The minority leader of the House of Representatives, or
the minority leader's designee.
(3) The majority leader of the Senate, or the majority
leader's designee.
(4) The minority leader of the Senate, or the minority
leader's designee.
(5) The chairman of the Committee on House Administration
of the House of Representatives, who shall serve as co-chairman
of the Governing Board.
(6) The ranking minority member of the Committee on House
Administration of the House of Representatives.
(7) The chairman of the Committee on Rules and
Administration of the Senate, who shall serve as co-chairman of
the Governing Board.
(8) The ranking minority member of the Committee on Rules
and Administration of the Senate.
(b) The Governing Board shall be responsible for establishing the
policies which govern the operations of the Capitol Visitor Center,
consistent with applicable law.
(c) This section shall apply with respect to fiscal year 2006 and
each succeeding fiscal year.
LIBRARY OF CONGRESS
salaries and expenses
(including rescission)
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, $388,144,000, 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, $500,000 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 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), $15,500,000 is
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, $99,952,000: 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), $54,049,000, of which $15,831,000 shall remain available
until expended.
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. 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. 1304. (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.
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,
$1,200,000 for workforce retraining. The Government Printing Office may
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 $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.
Payment to the 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.
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.
Sec. 209. Compensation Limitation.--None of the funds contained in
this Act or any other Act may be used to pay the salary of any officer
or employee of the legislative branch during fiscal year 2006 or any
succeeding fiscal year to the extent that the aggregate amount of
compensation paid to the employee during the year (including base
salary, performance awards and other bonus payments, and incentive
payments, but excluding the value of any in-kind benefits and payments)
exceeds the annual rate of pay for a Member of the House of
Representatives or a Senator.
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''.
Union Calendar No. 83
109th CONGRESS
1st Session
H. R. 2985
[Report No. 109-139]
_______________________________________________________________________
A BILL
Making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2006, and for other purposes.
_______________________________________________________________________
June 20, 2005
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed