[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2985 Reported in Senate (RS)]
Calendar No. 138
109th CONGRESS
1st Session
H.R. 2985
[Report No. 109-89]
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2005
Received; read twice and referred to the Committee on Appropriations
June 24, 2005
Reported by Mr. Allard, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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 section 134(a) of the Legislative Reorganization Act
of 1946 (Public Law 97-601), 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,
$1,092,407,000, 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.
<DELETED>Capitol Guide Service and Special Services Office</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Statements of Appropriations</DELETED>
<DELETED> 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.</DELETED>
<DELETED>CAPITOL POLICE</DELETED>
<DELETED>salaries</DELETED>
<DELETED> 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.</DELETED>
<DELETED>general expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Administrative Provisions</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 1002. (a) The United States Capitol Police may not
operate a mounted horse unit during fiscal year 2006 or any succeeding
fiscal year.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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,''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) the request contains clearly stated and
detailed documentation presenting justification for the
reprogramming, transfer, or use of funds;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) both Committees approve the request.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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'').</DELETED>
<DELETED> (b) Inspector General.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Duties.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Investigations of complaints of employees and
members.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Powers.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Staff.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Transfer of Functions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (b) Contents.--The report required by subsection (a) shall
include--</DELETED>
<DELETED> (1) the name of each person or entity who receives
a payment from the Capitol Police;</DELETED>
<DELETED> (2) the cost of any item furnished to the Capitol
Police;</DELETED>
<DELETED> (3) a description of any service rendered to the
Capitol Police, together with service dates;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Printing.--Each report under this section shall be
printed as a House document.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>OFFICE OF COMPLIANCE</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>CONGRESSIONAL BUDGET OFFICE</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Administrative Provision</DELETED>
<DELETED> Sec. 1100. (a) Permitting Waiver of Claims For Overpayment
of Pay and Allowances.--Section 5584(g) of title 5, United States Code,
is amended--</DELETED>
<DELETED> (1) by striking ``and'' at the end of paragraph
(5);</DELETED>
<DELETED> (2) by striking the period at the end of paragraph
(6) and inserting ``; and''; and</DELETED>
<DELETED> (3) by inserting immediately after paragraph (6)
the following new paragraph:</DELETED>
<DELETED> ``(7) the Congressional Budget
Office.''.</DELETED>
<DELETED> (b) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2006 and each succeeding fiscal
year.</DELETED>
<DELETED>ARCHITECT OF THE CAPITOL</DELETED>
<DELETED>General Administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Capitol Building</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Capitol Grounds</DELETED>
<DELETED> 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.</DELETED>
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, $222,600,000, 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, $42,000,000, 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 2005 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. 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.
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.
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, $35,853,000.
Administrative Provision
Sec. 1100. Waiver of Certain Claims. Section 5584(g) of title 5,
United States Code, (relating to the definition of an agency) is
amended--
(1) by redesignating paragraph (6) as a paragraph (7);
(2) by striking ``and'' at the end of paragraph (5);
(3) by inserting after paragraph (5) the following:
``(6) the Congressional Budget Office; and''; and
(4) in the last sentence, by striking ``paragraph (6)'' and
inserting ``paragraph (7)''.
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, $76,522,000.
Capitol Building
For all necessary expenses for the maintenance, care, and operation
of the Capitol, $25,380,000, of which $10,055,000 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, $7,061,000.
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, 2008.
<DELETED>Capitol Power Plant</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Library Buildings and Grounds</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Capitol Police Buildings and Grounds</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Botanic Garden</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Capitol Visitor Center</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Administrative Provisions</DELETED>
<DELETED> Sec. 1201. (a) Section 108 of the Legislative Branch
Appropriations Act, 1991 (2 U.S.C. 1849), is amended--</DELETED>
<DELETED> (1) in subsection (b), by striking ``8 positions''
and inserting ``10 positions''; and</DELETED>
<DELETED> (2) in subsection (c), by striking ``4 positions''
and inserting ``2 positions''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) by redesignating subsection (d) as subsection
(e); and</DELETED>
<DELETED> (2) by inserting after subsection (c) the
following new subsection:</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) The Speaker of the House of Representatives,
or the Speaker's designee.</DELETED>
<DELETED> (2) The minority leader of the House of
Representatives, or the minority leader's designee.</DELETED>
<DELETED> (3) The majority leader of the Senate, or the
majority leader's designee.</DELETED>
<DELETED> (4) The minority leader of the Senate, or the
minority leader's designee.</DELETED>
<DELETED> (5) The chairman of the Committee on House
Administration of the House of Representatives, who shall serve
as co-chairman of the Governing Board.</DELETED>
<DELETED> (6) The ranking minority member of the Committee
on House Administration of the House of
Representatives.</DELETED>
<DELETED> (7) The chairman of the Committee on Rules and
Administration of the Senate, who shall serve as co-chairman of
the Governing Board.</DELETED>
<DELETED> (8) The ranking minority member of the Committee
on Rules and Administration of the Senate.</DELETED>
<DELETED> (b) The Governing Board shall be responsible for
establishing the policies which govern the operations of the Capitol
Visitor Center, consistent with applicable law.</DELETED>
<DELETED> (c) This section shall apply with respect to fiscal year
2006 and each succeeding fiscal year.</DELETED>
<DELETED>LIBRARY OF CONGRESS</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including rescission)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Copyright Office</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Congressional Research Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Books for the Blind and Physically Handicapped</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Administrative Provisions</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 1304. (a) Section 208 of the Legislative Branch
Appropriations Act, 1996 (Public Law 104-53; 109 Stat. 532), is hereby
repealed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>GOVERNMENT PRINTING OFFICE</DELETED>
<DELETED>Congressional Printing and Binding</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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 (reduced by
$5,400,000): 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.</DELETED>
<DELETED>Office of Superintendent of Documents</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Government Printing Office Revolving Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>GOVERNMENT ACCOUNTABILITY OFFICE</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Payment to the Open World Leadership Center Trust
Fund</DELETED>
<DELETED> 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.</DELETED>
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, $58,817,000, of which $1,600,000 shall remain available
until September 30, 2010: Provided, That not more than $6,500,000 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,
$70,948,000, of which $42,950,000 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,
$10,031,000.
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 Committee on Appropriations of the
Senate and House of Representatives.
Administrative Provision
Sec. 1201. Executive Director of the Capitol Visitor Center. The
Architect of the Capitol may appoint an Executive Director of the
Capitol Visitor Center whose annual rate of pay shall be determined by
the Architect of the Capitol and shall not exceed $1,500 less than the
annual rate of pay for the Architect of the Capitol.
LIBRARY OF CONGRESS
Salaries and Expenses
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, $397,285,000, 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, $4,000,000
shall remain available until expended for the digital collections and
school curricula program under section 1305 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, $12,085,000
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.
Copyright Office
salaries and expenses
For necessary expenses of the Copyright Office and the new
Copyright Royalty Judges program, $57,322,000, 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 $4,141,000 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 $34,622,000: 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.
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, $101,755,000: 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), $64,172,000, of which
$25,667,000 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. 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 $25,000,000 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. Incorporation of Digital Collections Into School
Curricula. (a) Short Title.--This section may be cited as the ``Library
of Congress Digital Collections and School 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 school 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 necessary to carry out this section for
fiscal year 2006 and each fiscal year thereafter.
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, $33,837,000: 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,
$5,000,000 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 section 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, $484,383,000: 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, $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.
<DELETED> 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.</DELETED>
Sec. 209. Compensation Limitation. Legislative branch
appropriations are not available to pay the salary of any officer or
employee to the extent that the aggregate amount of compensation
(including base salary, awards, bonus incentives, excluding in-kind
compensation) exceeds the annual rate for a Senator or Member unless
the applicable entity head has certified that the entity has a
performance appraisal system which (as designed and applied) makes
meaningful distinctions based on relative performance consistent with
the criteria established pursuant to 5 U.S.C. 5307(d)(3)(A). Each
entity head shall recertify its performance appraisal system (bi-
annually in accordance with 5 U.S.C. 5307(d)(3)(B)). Entities with such
certified appraisal systems may pay total annual compensation up to the
amounts Executive branch personnel subject to certified performance
appraisal systems may receive.
<DELETED>TITLE III--CONTINUITY IN REPRESENTATION</DELETED>
<DELETED> Sec. 301. Section 26 of the Revised Statutes of the United
States (2 U.S.C. 8) is amended--</DELETED>
<DELETED> (1) by striking ``The time'' and inserting ``(a)
In General.--Except as provided in subsection (b), the time'';
and</DELETED>
<DELETED> (2) by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(b) Special Rules in Extraordinary Circumstances.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) a regularly scheduled general
election for the office involved is to be held;
or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(4) Extraordinary circumstances.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) A copy of the complaint
shall be delivered promptly to the Clerk of the
House of Representatives.</DELETED>
<DELETED> ``(iii) A final decision in the
action shall be made within 3 days of the
filing of such action and shall not be
reviewable.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Protecting ability of absent military and
overseas voters to participate in special elections.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(6) Application to district of columbia and
territories.--This subsection shall apply--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) The Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.), as amended.</DELETED>
<DELETED> ``(B) The Voting Accessibility for the
Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.),
as amended.</DELETED>
<DELETED> ``(C) The Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.), as
amended.</DELETED>
<DELETED> ``(D) The National Voter Registration Act
of 1993 (42 U.S.C. 1973gg et seq.), as
amended.</DELETED>
<DELETED> ``(E) The Americans With Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.), as
amended.</DELETED>
<DELETED> ``(F) The Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.), as amended.</DELETED>
<DELETED> ``(G) The Help America Vote Act of 2002
(42 U.S.C. 15301 et seq.), as amended.''.</DELETED>
This Act may be cited as the ``Legislative Branch Appropriations
Act, 2006''.
Calendar No. 138
109th CONGRESS
1st Session
H.R. 2985
[Report No. 109-89]
_______________________________________________________________________
AN ACT
Making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2006, and for other purposes.
_______________________________________________________________________
June 24, 2005
Received; read twice and referred to the Committee on Appropriations
June 24, 2005
Reported with amendments