[Congressional Record Volume 148, Number 98 (Thursday, July 18, 2002)]
[House]
[Pages H4884-H4909]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2003

  The SPEAKER pro tempore. Pursuant to House Resolution 489 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 5121.

                              {time}  1422


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 5121) making appropriations for the Legislative Branch for the 
fiscal year ending September 30, 2003, and for other purposes, with Mr. 
Hansen in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from North Carolina (Mr. Taylor) and 
the gentleman from Virginia (Mr. Moran) each will control 30 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Taylor).
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, today we take up the fiscal year 2003 legislative 
branch appropriations bill; but before we begin, I would like to thank 
the hard work of the Members of the subcommittee, especially the 
gentleman from Virginia (Mr. Moran), our ranking member.
  I would like to note that our subcommittee has taken a reasoned 
approach to our increased needs in the aftermath of September 11. I am 
pleased to note that we provided a modest 5 percent overall increase 
over the current fiscal year in this bill. This is especially 
reasonable when one realizes that well over 75 percent of our costs are 
personnel related and the cost-of-living component government-wide this 
year is 4.1 percent. Price level increases account for 1.8 and almost 2 
percent of the government-wide spending increase this year. So, in real 
terms, we have kept our bill below the rate of inflation and cost 
increases.
  We have provided the necessary and sufficient funding in this bill 
for our security needs, a police pay increase of 5 percent, in addition 
to their COLA, and increased management flexibility for our new chief. 
We provide the police with all the additional manpower that they 
acknowledge that they can recruit and train in the upcoming year.
  We have continued our commitment to digitalization at the Library of 
Congress and gotten back on track with their building program and 
storage

[[Page H4885]]

needs by asking the Corps of Engineers to take over the completion of 
the library's storage facility at Fort Meade, Maryland.
  We have directed the Congressional Research Service to join with the 
rest of the legislative branch to join the communications revolution to 
better enable them to communicate with Members' offices. We have 
included language in this bill which authorizes a tuition reimbursement 
program for House employees.
  Finally, I would like to thank all the employees of this people's 
House for all their hard work, their stamina, and the good spirits 
through this tough year. I know this Member appreciates them, and the 
American people appreciate them as well.
  Of course, without the steady hand of Liz Dawson, Chuck Turner and 
our dedicated, knowledgeable committee staff, and Roger France of my 
staff, we would not have the bill we have today. Also, I would like to 
thank Scott Lilly, Mark Murray, Mike Malone, and Tim Aikin for all 
their hard work and dedication on this bill.

[[Page H4886]]

[GRAPHIC] [TIFF OMITTED] TH18JY02.001



[[Page H4887]]

[GRAPHIC] [TIFF OMITTED] TH18JY02.002



[[Page H4888]]

[GRAPHIC] [TIFF OMITTED] TH18JY02.003



[[Page H4889]]

[GRAPHIC] [TIFF OMITTED] TH18JY02.004



[[Page H4890]]

[GRAPHIC] [TIFF OMITTED] TH18JY02.005



[[Page H4891]]

[GRAPHIC] [TIFF OMITTED] TH18JY02.006



[[Page H4892]]

[GRAPHIC] [TIFF OMITTED] TH18JY02.007



[[Page H4893]]

[GRAPHIC] [TIFF OMITTED] TH18JY02.008



[[Page H4894]]

  Mr. Chairman, I reserve the balance of my time.
  Mr. MORAN of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  We have a good bill here. I was pleased to work with the gentleman 
from North Carolina (Mr. Taylor) to craft a legislative branch 
appropriation bill that really ought to deserve strong bipartisan 
support. The 302(b) allocation of $3.4 billion that the subcommittee 
received was fine. It may sound like a high number, but it reflects 
approximately a 5 percent increase over last year's appropriation.
  It largely covers the cost-of-living adjustment for all the Members' 
offices, committees and legislative branch agencies. In terms of total 
Federal spending, it is a pretty small amount, approximately .18 
percent of the fiscal year 2003 budget. In other words, if the whole 
budget was equal to $1, this would be \18/100\ of one penny, a small 
price to pay for the greatest functioning democratic body in the world.
  For as good or as bad as this institution may operate, on certain 
days it is this Nation's best check on tyranny and one-man rule. It is 
the best opportunity for the views and concerns of the public to be 
heard and addressed by the Federal Government.
  Mr. Chairman, the bill before us today will improve security and will 
ensure that this institution is better prepared to respond to any 
future terrorist threat. It ensures that the legislative branch 
agencies have the resources that they need next year to maintain their 
high level of professionalism and accountability.
  I am also pleased to see that we were able to provide for legislative 
branch employees more equitable treatment relative to their 
counterparts in the executive branch. By that, I mean a 4.1 percent 
annual wage adjustment for all employees in the legislative branch 
effective next January and funding for a full $100 monthly transit 
benefit for eligible employees of all agencies.
  Authorization and funding are also included for a student loan 
repayment program for the House which will resemble programs in the 
Senate, other legislative branch agencies and the executive branch, of 
course. This program will, in particular, help Members, committees and 
House offices to attract and to retain qualified employees.
  The Library of Congress, the GAO, General Accounting Office, the 
Congressional Budget Office, and Government Printing Office will 
largely receive what they requested.
  The Capitol Police should be able to hire and train all of the 
officers that they need to protect Capitol Hill. The current workforce 
of 1,166 officers will be increased by 288, bringing the full 
complement to 1,454 sworn police officers. The bill makes funds 
available for a 5 percent pay increase for the Capitol Police, 
including all civilians, and that is effective this fall. It includes a 
number of other provisions designed to reduce officer attrition and 
improve recruitment and several administrative and management reforms.
  Let me close by expressing my praise for how well the Congress, the 
staff, and the legislative branch agencies have conducted themselves 
since the terrorist attacks of September 11.

                              {time}  1430

  What we once took for granted, the continuous operation of this U.S. 
Congress, was threatened as it never has been before, and I want to 
applaud the many selfless individuals and officers that worked often 
around the clock to keep this institution in order and running through 
the attacks of September 11 and then the subsequent anthrax attack. 
This also is an opportunity to thank the members of the D.C. National 
Guard who filled in last fall to help beef up our security.
  It is always a privilege to serve on the Subcommittee on Legislative. 
The dedication of thousands of legislative branch employees since 
September has made it even more so. I do want to thank those 
outstanding professionals who have worked on the legislative branch, 
Mark Murray, Mike Malone, Liz Dawson, Chuck Turner, Kelly Wade, Roger 
France, with Chairman Taylor's office, and of course Tim Aiken, who is 
my legislative director and does this work for me, and David Pomerantz, 
who always does a great job in whatever his assignment might be. All of 
our staff is invaluable.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I reserve the balance of 
my time.
  Mr. MORAN of Virginia. Mr. Chairman, I yield 1 minute to the 
gentleman from Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Chairman, I rise to enter into a colloquy with the 
chairman. I would like to bring to the chairman's attention the Cameron 
elm, the one we walk by every day on the way to vote. It is one of the 
oldest and most historic trees on the Capitol grounds and was named 
after Senator Simon Cameron, a Republican from Pennsylvania, who saved 
it from being cut down in the 1870s for a walkway.
  This is a strong and vibrant tree that has overcome many obstacles 
and can clearly thrive for many more years. I want to make sure that 
proper attention is given to the Cameron elm to prevent treatable 
health problems from turning more severe. I would like to work with the 
chairman to ensure that the health of the Cameron elm is monitored and 
maintained.
  Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentleman yield?
  Mr. KUCINICH. I yield to the gentleman from North Carolina.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I thank the gentleman 
from Ohio for bringing this to my attention. I agree with him that 
every effort should be made toward helping to protect the health of 
this historic tree. I pledge to work with the gentleman and the 
Architect of the Capitol to ensure every effort will be made to protect 
this tree.
  Mr. KUCINICH. I thank the chairman.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I reserve the balance of 
my time.
  Mr. MORAN of Virginia. Mr. Chairman, I yield 6 minutes to the very 
distinguished gentleman from Maryland (Mr. Hoyer), the ranking member 
of the Committee on House Administration, who is also an invaluable 
member of our appropriations subcommittee.
  Mr. HOYER. Mr. Chairman, I thank the gentleman for his comments and 
for yielding me this time.
  Mr. Chairman, the bill before us deserves our support, and I want to 
congratulate the gentleman from Virginia (Mr. Moran) and the gentleman 
from North Carolina (Mr. Taylor) for working together. I also want to 
congratulate both Liz Dawson and Mark Murray, as well as the other 
members of the staff who worked on this bill.
  There are too many good provisions to discuss them all. One of the 
best, however, is funding for all the new Capitol police officers that 
the agency can recruit and train next year; a total of 288 more. We 
certainly hope that the police can reach this goal and bring the force 
to a total of 1,454 sworn personnel.
  As our challenges of security have increased substantially, we need 
this complement of personnel to carry out their duties not only in 
terms of the security to the building and the people who visit and work 
here, but also with respect to the safety of those officers. Our 
Capitol police have faced tremendous challenges since September 11. 
They worked 12-hour shifts, 6 days a week for months. Now they are 
losing officers to other agencies, especially the Transportation 
Security Administration, which offers, frankly, more money and 
benefits.
  In fiscal 2002, the Capitol police have already lost to other 
agencies over twice the number lost, on average, in the last 3 years. 
They will lose more unless we act. Fortunately, this bill includes key 
provisions of the retention bill that the gentleman from Ohio (Mr. Ney) 
and I cosponsored, and which the House passed on June 26, including a 5 
percent pay raise in the fall. It also includes a tuition reimbursement 
program, expanded specialty pay, and recruiting bonuses.
  As a matter of fairness, the bill makes whole those officers 
adversely affected during the recent period of heavy overtime by limits 
on holiday and other premium pay. In addition, it provides for the 
cost-of-living adjustment of 4.1 percent in January. This restores 
roughly $350,000 that the officers earned in premium pay but were not 
paid.

[[Page H4895]]

  To these, the bill adds new provisions to encourage recruitment and 
retention, including authority for premium pay in lieu of overtime and 
enhanced professional training. With these provisions, Mr. Chairman, we 
intend to assure Capitol police officers that we value their service 
and we hope that they will stay. We want to encourage those young men 
and women who seek a career in law enforcement to seek a position with 
the Capitol Police.
  Another excellent feature is the authorization of a student loan 
repayment program for the House. The Committee on House Administration 
met Wednesday and approved regulations so the Chief Administrative 
Officer can have the program in place as soon as we pass this bill. 
This program will help Members, committees, and officers recruit and 
retain qualified employees. It is needed, in my opinion, to enable the 
House to stay competitive with other agencies, including the United 
States Senate, which already has such a program.
  In this vein, Mr. Chairman, I want to highlight the work of our 
colleague, the gentlewoman from California (Ms. Lee), who is seated to 
my left. She has promoted this program tirelessly. The gentlewoman 
introduced a bill last year to bring this program to legislative branch 
agencies that did not have it.
  I understand the Architect, the last major agency without it, is 
certainly of significant interest to her, to me, and I think to the 
House. I am hopeful that as we move forward, and we expect to have a 
colloquy on this issue, to include them as well. I look forward to 
working with the gentlewoman and others to provide appropriate 
authority for the Architect, and I thank her for her strong leadership 
in this area.
  This bill also includes language authorizing a program to facilitate 
employment in the House of persons with disabilities. As a sponsor of 
the Americans with Disabilities Act, this is a particularly important 
provision to me, and I thank the gentleman from North Carolina (Mr. 
Taylor) and the gentleman from Virginia (Mr. Moran) for including it in 
the bill. I thank Ms. Dawson for her hard work on this program as well.
  This bill also funds, of course, all legislative employees, including 
the police, and extends to them the same 4.1 percent COLA that 
executive branch employees will receive next January. It funds the same 
$100 cash transit benefit for participants in that program. Federal 
employees in the legislative branch deserve parity on these important 
benefits.
  In addition to funding fire safety work in the complex, the bill 
calls for studying ways to beautify the power plant in conjunction with 
the needed capital improvements. Now, when I say beautify, I am working 
very hard, Mr. Chairman, with this committee and other committees to 
ensure that the south capital gateway to our capital is as impressive 
as are the other gateways to our capital. The power plant does not 
enhance that at this point in time. And as a good neighbor, we ought to 
work towards that end.
  Finally, last year's bill included a provision ending the Architect's 
employment of temporary workers for long periods without benefits. 
While implementing the provisions, the Architect of the Capitol faced 
several technical obstacles to carrying out the original intent and 
sought our assistance.
  The technical correction in this bill requires the Architect to make 
employer contributions for benefits for AOC employees directly to 
entities designated to receive such contributions.
  Those corrections are included in this bill, and I appreciate again 
the staff's help on accomplishing that.
  Mr. Chairman, this is a good bill. It will meet the needs of the 
legislative agencies in the coming year. The subcommittee staff, and I 
have mentioned Liz Dawson, but Chuck Turner, Mark Murray, Mike Malone, 
Tim Akin, of the office of the gentleman from Virginia (Mr. Moran), and 
many others, including agency budget officers, have done an excellent 
job. I also would be neglectful if I did not mention my own staffer 
Mike Harrison, who has worked so diligently on this bill, and others. 
And I would urge an ``aye'' vote.
  I will speak later on it, but I also want to speak to the Moran 
amendment, which I think will be a very important addition to this bill 
and which I hope passes.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 2 minutes to the 
gentleman from Iowa (Mr. Nussle).
  Mr. NUSSLE. Mr. Chairman, I rise in support of H.R. 5121, a bill to 
provide promotions for the legislative branch.
  I want to compliment the gentleman from Florida (Mr. Young) and the 
chairman of the subcommittee, the gentleman from North Carolina (Mr. 
Taylor) for their cooperation in making sure that this bill complies 
with the House-passed budget resolution for fiscal year 2003. It 
provides $2.7 billion in budget authority and $2.9 billion for outlays 
for fiscal year 2003. If this measure is enacted, spending will have 
increased on an average of 11.1 percent for each of the last 3 years.
  Consistent with longstanding practice under which each House 
establishes its own priorities, the bill does not include 
appropriations for the other Chamber, which will be incorporated into 
the bill during conference.
  I am pleased that the bill is within the subcommittee's 302(b) 
allocation and is fully consistent with the provisions of the 1974 
Budget Act. It does not designate any emergencies that would increase 
the 302(b) allocation or rescind any previously enacted budget 
authority.
  Let me also mention the Moran amendment that will be on the floor to 
cut $590,000 from the Joint Committee on Taxation. As the chairman of 
the Committee on the Budget, we rely on the estimates of this important 
committee. Particularly at this very difficult time for our country in 
estimating revenue, it would be unconscionable and irresponsible to cut 
the budget for the Joint Committee on Taxation.
  So I urge Members to support the committee mark, and, in closing, I 
again commend Chairman Young and Subcommittee Chairman Taylor for 
crafting a bill that meets the needs of the House in a manner that is 
consistent with the budget resolution.
  Mr. MORAN of Virginia. Mr. Chairman, I am very pleased to yield 3 
minutes to my distinguished colleague, the gentlewoman from Ohio (Ms. 
Kaptur), the ranking member of the Subcommittee on Agriculture, Rural 
Development, Food and Drug Administration and Related Agencies, as well 
as being a member of the Subcommittee on Legislative.
  Ms. KAPTUR. Mr. Chairman, I thank the ranking member, the gentleman 
from Virginia (Mr. Moran), for yielding me this time, and I want to 
thank him for his cooperative efforts and leadership on this bill, and 
also the chairman of the subcommittee, the gentleman from North 
Carolina (Mr. Taylor), who is an historian of the House as well, for 
their very gracious accommodation to so many of the needs of our 
Chamber and of this House.
  I want to use this opportunity as a member of the committee to thank 
all the personnel, especially over the last several months when there 
has been additional pressure on our officers and all of the House 
staff, for the tremendous cooperation and the patriotism that they have 
demonstrated. We have the public coming back into our Chambers now, 
there is security beyond what we had before. We have to do this for the 
moment, but we want to thank all of them for their dedication to our 
country and the cause of liberty.
  I also want to say that in this bill we have funds, obviously, for 
the Congressional Research Service and the Library of Congress, two of 
the most distinguished organizations in the world for the assembly of 
the documents, materials, and analysis that represent us as a free 
people. Without question, the Library of Congress is the finest library 
in the world, and we hope that we will make it even better with the 
appropriations in this bill.
  In addition to that, we appreciate the openness of the head 
librarian, Dr. Billington, in looking at ethnic museums across our 
country and their respective archives and trying to bring those into 
some sort of coordinated affiliation with the Library of Congress where 
those types of affiliations are sought.
  We also want to thank Ranking Member Moran and Chairman Taylor for 
including report language dealing with enhancing our capability as the 
chief legislative body for our country through expanded televideo 
conferencing, where we can conference with

[[Page H4896]]

our colleagues in parliaments around the world. Would that not be a 
contributor to peace? Would it not be great if we could do that in many 
places in the Middle East right now? We hope that by expanding these 
facilities and getting recommendations through the report language that 
is in here that we will leave those who follow us here in better 
condition than we found the institution when we arrived.

                              {time}  1445

  Also regarding the renumbering of the offices in all of these 
buildings, so important to helping the general public find their way 
around, we want to see a report on that.
  And the continuing efforts to bring the works of artists to represent 
the contributions of women to American life in this Capitol so that all 
of our society can see that they made a contribution. This has a real 
place in our bill.
  I thank the Capitol Police. We do not have a provision here in the 
bill, but we met with them regarding alternative fuel vehicles. We 
thank them for their leadership in assuring that the new purchases of 
vehicles will help us move this branch, and indeed our whole country, 
to a noncarbon-based future, and hopefully moving us to a carbohydrate-
based future.
  In closing, I thank the gentleman from Virginia (Mr. Moran) and the 
gentleman from North Carolina (Mr. Taylor) for their cooperation in 
helping us build an even better legislative branch for our country.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I reserve the balance of 
my time.
  Mr. MORAN of Virginia. Mr. Chairman, I yield 5\1/2\ minutes to the 
gentlewoman from California (Ms. Lee).
  Ms. LEE. Mr. Chairman, I thank our ranking member, the gentleman from 
Virginia (Mr. Moran), for his leadership, and also the gentleman from 
North Carolina (Mr. Taylor) for crafting a very excellent, bipartisan 
bill.
  I rise in strong support of H.R. 5121, this year's legislative branch 
appropriations act. I especially thank the chairman and the ranking 
member for the provision which includes our student loan for House 
employees. I want to give a huge thanks to the lead cosponsor of a bill 
I introduced early last year, H.R. 2555, which incorporated these 
student loan provisions, to the gentleman from Maryland (Mr. Hoyer). 
The gentleman's work on both the Subcommittee on Legislative Branch 
appropriations and as ranking member of the Committee on House 
Administration has been exemplary and tireless on this issue. We could 
not have done this without the gentleman from Maryland (Mr. Hoyer), so 
I want to say thanks to the gentleman. I am sure all of our House 
employees would like to thank the gentleman also today.
  Just a bit of history on this provision. Early last year, I 
introduced H.R. 2555 with the gentleman from Maryland (Mr. Hoyer) as 
the lead cosponsor. This bill would have provided student loan 
forgiveness for all legislative branch employees. I tried to offer an 
amendment in last year's legislative branch appropriations bill, but it 
was not allowed by the Committee on Rules. While I was pleased that 
subsequently Senate employees were included in the other body's version 
of the legislative branch appropriations act, and the Capitol Police 
were included in other legislation last year, we had hoped that we 
could have included all Hill staff.
  Once again, I am very thankful to the gentleman from North Carolina 
(Mr. Taylor), to the ranking member, the gentleman from Virginia (Mr. 
Moran), and the gentleman from Maryland (Mr. Hoyer) for their inclusion 
of loan forgiveness provisions this year.
  As a former House staff member and as the employer of a number of 
staffers who have a great deal of student loans, I strongly support 
loan forgiveness for all legislative branch employees. I believe it is 
essential that we establish such a program for the legislative branch. 
Employees on Capitol Hill on average earn less than their executive 
branch counterparts, but they still have the same student loan debt. 
Executive branch and Senate employees have loan forgiveness, and our 
congressional employees should have it also. They work long hours, and 
they provided the expertise for us to deliberate public policy for the 
betterment of our country and for the entire world.
  Loan forgiveness is really an excellent tool for attracting and 
retaining the fantastic staff that we work with each and every day. It 
is also one of the important ways that we can compete with the private 
sector, which really does offer higher salaries and other benefits. 
Many young people want to come to work for the United States Congress 
and dedicate themselves to public service, but they cannot afford to 
when they owe tens of thousands of dollars in student loans. This new 
program will make public service more attractive to them.
  Additionally, many support personnel in the legislative branch, many 
are Architect of the Capitol employees, cannot afford to go to college 
in the first place. So a student loan forgiveness program would be 
immensely helpful in allowing them to take college classes. The AOC 
staff work hard each and every day to make sure that our offices are 
clean and our buildings are well taken care of. But, unfortunately, 
they are one of the few categories of Hill staffers that were not 
included in this loan forgiveness program, and I am delighted that the 
gentleman from Maryland (Mr. Hoyer) is committed to working with us to 
make sure that we include them, or at least attempt to once we get into 
conference. I think we owe it to the people who take care of us. We owe 
it to them to add them to this program, and I hope Members will join us 
in supporting this provision when we go to conference.
  In conclusion, I must thank my legislative director, Danielle 
LeClair, for her diligence, her focus, and hard work on this. Her 
staying the course did help us get this far. I also thank Mike Harrison 
on the staff of the gentleman from Maryland (Mr. Hoyer) for his 
cooperation and hard work. Again, I thank the ranking member for really 
carrying out the provisions which were included in my legislation last 
year by expanding the student loan forgiveness program, and hope that 
we can work together as we move forward to include the AOC staff.
  Mr. HOYER. Mr. Chairman, will the gentlewoman yield?
  Ms. LEE. I yield to the gentleman from Maryland.
  Mr. HOYER. Mr. Chairman, I thank the gentlewoman for her leadership 
and extraordinary efforts on behalf of all of the employees of the 
legislative branch. I know her deep concern for the Architect's office, 
which is a sort of hybrid of the legislative branch. I appreciate very 
much the gentlewoman giving credit to a lot of other people, but she 
has been the spark plug on this issue and the engine behind it.
  I wanted to also say that Liz Dawson of our committee was 
extraordinarily helpful in getting us to this point, as well as the 
other staffers that were mentioned.
  And more importantly, I know that the employees of the House and of 
the Architect's office and others on Capitol Hill appreciate the 
gentlewoman's work.
  Mr. MORAN of Virginia. Mr. Chairman, I yield 4 minutes to the 
gentleman from Oregon (Mr. Blumenauer), who has been the national 
leader on smart growth policies and is probably going to suggest some 
smart policies for the Congress.
  Mr. BLUMENAUER. Mr. Chairman, I appreciate the hard work that has 
been undertaken by the subcommittee dealing with the quality of life 
here on Capitol Hill for our employees, for the tens of thousands of 
Washington, D.C. residents, and for the millions of visitors who come 
to the Capitol every year, many of whom are outside right now as we are 
deliberating in the Chamber.
  I think it is important for the committee to continue its work in 
focusing on what is going on around the Capitol during these difficult 
times. I appreciate the concern dealing with the security of our 
visitors, of our neighbors, our employees, and of the men and women who 
are in Congress itself. At times, however, some things happen that we 
find sort of mystifying.
  As chairman of the Bicycle Caucus, I have received some people who 
are sort of mystified about the signage that has appeared around 
Capitol Hill indicating that no longer are bicycles welcomed on the 
Capitol grounds and streets surrounding the Capitol. It is somewhat 
ironic because bicycles have been an important part of the circulation 
around here. People wonder why

[[Page H4897]]

we are prohibiting in the name of security people who use this as an 
important passageway. Many bicycle commuters who live near the Capitol 
ride to their downtown offices, staying off the streets, not 
contributing to congestion and air pollution. One of the few bicycle 
lanes that has been available has been through the Capitol grounds. One 
of the most convenient follows East Capitol right to the doorstep of 
the Capitol where some of our employees can come, and others have gone 
around on down the Mall and to its monuments. Now we have these signs 
that say people cannot do this any more.
  Mr. Chairman, I am hopeful we can be sensitive to what this is doing 
to the people who enjoy cycling around here, tourists or employees or 
commuters. Currently the only legal option for bicyclists is to travel 
on heavily trafficked, four-lane thoroughfares with no shoulders around 
Capitol Hill.
  I would suggest that perhaps Congress can lead by example by making 
sure that our campus is amenable to men and women who use cycling to 
commute. While we work to ensure safety and access for the surrounding 
community and visitors alike, it is no reason that we have to barricade 
these grounds off to bicyclists.
  With the recent groundbreaking of the visitors center, it is clear 
that it is time to address long-term plans, including, parking, 
circulation and cycling. I sincerely hope that we can use the influence 
of this august subcommittee to help the Capitol Police and the 
Architect of the Capitol develop plans that accommodate cyclists and 
visitors. We must not ignore the need of local citizens who should have 
input as well. We need to make sure that we are working with the 
citizens who are our neighbors who were never consulted.
  I hope that we can find language that Members can help us with that 
encourages a different approach so that we are aware that we are part 
of the community here in Washington, D.C., that the impacts that we 
make affect the health, safety and economy and overall livability of 
tens of thousands of residents on the Hill, millions of visitors every 
year, and the fact that the bicycle is not a terrorist threat. The 
bicycle provides an opportunity to improve the quality of life on the 
Hill for tourists, for employees, and for our neighbors.
  Mr. MORAN of Virginia. Mr. Chairman, I yield 3 minutes to the 
gentleman from California (Mr. Stark).
  (Mr. STARK asked and was given permission to revise and extend his 
remarks.)
  Mr. STARK. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  It is my understanding that the gentleman from Virginia will be 
offering an amendment to reduce the amount of funds for the Joint 
Committee on Taxation of which I am a Member. The issue at hand is the 
production of a report that may or may not be complete but which the 
general public, through reports in the press, suspects is complete.
  There are several issues involved here, but the principal issue is 
that a joint committee with the long record of serving on a bipartisan, 
bicameral nature should not selectively withhold information from 
Members. I rather suspect that the rules of the House give any Member 
of the House a right to go in and look at committee records. That is 
generally the case, and in the absence of any rules prohibiting that, 
it could be done. It might raise a question of personal privilege in 
the House. It ought not to.
  Regardless of who has requested the reports or regardless of what the 
reports will say, it does not translate into legislation. It ought not 
to disadvantage anyone. Much of the information that is of an exciting 
nature has already been made public in Forbes magazine. Whether it is 
accurate or not, we do not know.
  But for us to begin on a partisan basis to withhold information that 
is produced by joint committees, whether it is the Congressional Budget 
Office or GAO or the joint committee, I think takes us down a road that 
we should all be very hesitant to travel.

                              {time}  1500

  While the gentleman from Virginia's amendment is a harsh remedy, it 
could easily be solved by the chairman of the Committee on Ways and 
Means, who also serves as chair of the Joint Committee on Taxation, 
agreeing to make that report available, at least to members of the 
Joint Committee on Taxation. I am sure, given that kind of an 
assurance, the gentleman from Virginia would withhold. That would seem 
to me to be a way to resolve it and not start a precedent in the House 
of withholding information because someone has the power to do it. I 
think it is a bad precedent. I am not sure the information we are 
talking about is going to make huge changes in the tax law, but I think 
we are all entitled to it. I urge my colleagues to think about 
supporting the gentleman from Virginia's amendment on the basis of not 
changing a long-held precedent in the House of being able to rely on 
jointly produced, bipartisan, bicameral information that is useful to 
all of us.
  Mr. BARTLETT of Maryland. Mr. Chairman, as the Chairman of the 
Subcommittee on Energy of the House Science Committee, and as a 
conferee for the National Energy Strategy bill, I would like to thank 
the Subcommittee Chairman and floor manager of the Legislative Branch 
Appropriations bill. First, I want to compliment the gentleman for 
providing the needed funding for the ongoing efforts of the Architect 
of the Capitol to improve the energy efficiency of the buildings of the 
Capitol complex. It is important that we in the Congress practice what 
we preach, both as an example to others and to make the best use of 
taxpayer dollars by getting the most out of our energy related 
expenditures. In this regard, it has come to my attention that the 
Capitol Power Plant provides heat for buildings in the Capitol complex 
but is not currently used to generate electric power. It occurs to me 
that there is an opportunity here to not only capture the efficiency 
benefits of Combined Heat and Power but also to provide emergency 
backup power for the Capitol complex in the event of disruption of the 
local grid. It is my understanding that funding provided in the bill 
will allow the Architect of the Capitol to undertake the needed studies 
to determine the feasibility of such a generation demonstration 
project.
  The Legislative Branch Appropriations bill includes $267.7 million in 
funding for various operational and maintenance activities under the 
jurisdiction of the Architect of the Capitol, $40.6 million below the 
amount requested by the President and $17.7 million below the amount 
provided last year. These funds specifically include support for 
continued efforts to seek energy and operations savings such as this 
feasibility study.
  Mr. BLUMENAUER. Mr. Chairman, today I voted for the fiscal year 2003 
Appropriations Bill for the Legislative Branch. I am pleased with the 
focus Congress has given to livability in this bill through increased 
funding for the Capitol Police, important provisions for staff, and the 
direction to improve the Capitol Grounds.
  The Capitol Police will receive additional funding to help retain 
officers on the force and pay them for the significant overtime they 
have worked to protect the Capitol and visitors since September 11. 
This bill includes tuition payment provisions that will help attract 
and retain both congressional staff and officers.
  I am pleased to see the Legislative Branch catch up with much of the 
rest of the Federal Government and private employers across the country 
by providing funds to increase the staff transit benefit to $100 per 
month. Transit benefits are a valuable incentive that help reduce 
traffic congestion, improve air quality, and save transportation costs 
for hardworking families.
  The Capitol grounds have been ransacked since September 11, first by 
excessive and ill thought out security measures and now by the 
beginning construction phases of the planned Capitol Visitors Center. 
The bill contains language that directs that an English Elm Tree 
estimated to be 130 to 160 years old cannot be removed or cut down 
without approval of the House and Senate Appropriations committees. The 
committee is also working to ensure there is a long-term vision for 
bicycle and pedestrian accessibility on and around the Capitol grounds, 
which will improve the livability of congressional employees, 
neighboring residents, and visitors alike.
  For these reasons I support passage of this bill.
  Mr. MORAN of Virginia. Mr. Chairman, I yield back the balance of my 
time.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield back the balance 
of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the bill is considered read for amendment 
through page 61, line 16.
  The text of the bill through page 61, line 16 is as follows:

[[Page H4898]]

                               H.R. 5121

       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, 2003, and for 
     other purposes, namely:

                   TITLE I--CONGRESSIONAL OPERATIONS

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

       For salaries and expenses of the House of Representatives, 
     $960,406,000, as follows:


                        house leadership offices

       For salaries and expenses, as authorized by law, 
     $16,530,000, including: Office of the Speaker, $1,979,000, 
     including $25,000 for official expenses of the Speaker; 
     Office of the Majority Floor Leader, $1,899,000, including 
     $10,000 for official expenses of the Majority Leader; Office 
     of the Minority Floor Leader, $2,309,000, including $10,000 
     for official expenses of the Minority Leader; Office of the 
     Majority Whip, including the Chief Deputy Majority Whip, 
     $1,624,000, including $5,000 for official expenses of the 
     Majority Whip; Office of the Minority Whip, including the 
     Chief Deputy Minority Whip, $1,214,000, including $5,000 for 
     official expenses of the Minority Whip; Speaker's Office for 
     Legislative Floor Activities, $446,000; Republican Steering 
     Committee, $834,000; Republican Conference, $1,397,000; 
     Democratic Steering and Policy Committee, $1,490,000; 
     Democratic Caucus, $741,000; nine minority employees, 
     $1,337,000; training and program development--majority, 
     $290,000; training and program development--minority, 
     $290,000; Cloakroom Personnel--majority, $340,000; and 
     Cloakroom Personnel--minority, $340,000.

                  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, 
     $476,536,000.

                          Committee Employees

                Standing Committees, Special and Select

       For salaries and expenses of standing committees, special 
     and select, authorized by House resolutions, $108,741,000: 
     Provided, That such amount shall remain available for such 
     salaries and expenses until December 31, 2004.

                      Committee on Appropriations

       For salaries and expenses of the Committee on 
     Appropriations, $24,200,000, 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, 
     2004.

                    Salaries, Officers and Employees

       For compensation and expenses of officers and employees, as 
     authorized by law, $151,027,000, 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, 
     $20,032,000, of which $2,500,000 shall remain available until 
     expended; 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, $5,097,000; for 
     salaries and expenses of the Office of the Chief 
     Administrative Officer, $104,363,000, of which $7,693,000 
     shall remain available until expended; for salaries and 
     expenses of the Office of the Inspector General, $3,947,000; 
     for salaries and expenses of the Office of Emergency 
     Planning, Preparedness and Operations, $6,000,000, to remain 
     available until expended; for salaries and expenses of the 
     Office of General Counsel, $894,000; for the Office of the 
     Chaplain, $149,000; for salaries and expenses of the Office 
     of the Parliamentarian, including the Parliamentarian and 
     $2,000 for preparing the Digest of Rules, $1,464,000; for 
     salaries and expenses of the Office of the Law Revision 
     Counsel of the House, $2,168,000; for salaries and expenses 
     of the Office of the Legislative Counsel of the House, 
     $5,852,000; for salaries and expenses of the Corrections 
     Calendar Office, $915,000; and for other authorized 
     employees, $146,000.


                        allowances and expenses

       For allowances and expenses as authorized by House 
     resolution or law, $183,372,000, including: supplies, 
     materials, administrative costs and Federal tort claims, 
     $3,384,000; 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, $178,888,000; and 
     miscellaneous items including purchase, exchange, 
     maintenance, repair and operation of House motor vehicles, 
     interparliamentary receptions, and gratuities to heirs of 
     deceased employees of the House, $690,000.


                           child care center

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

                       Administrative Provisions

       Sec. 101. (a) 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 2003. Any amount remaining after all payments are 
     made under such allowances for fiscal year 2003 shall be 
     deposited in the Treasury and used for deficit reduction (or, 
     if there is no Federal budget deficit after all such payments 
     have been made, for reducing the Federal debt, in such manner 
     as the Secretary of the Treasury considers appropriate).
       (b) Regulations.--The Committee on House Administration of 
     the House of Representatives shall have authority to 
     prescribe regulations to carry out this section.
       (c) Definition.--As used in this section, the term ``Member 
     of the House of Representatives'' means a Representative in, 
     or a Delegate or Resident Commissioner to, the Congress.
       Sec. 102. (a) There is hereby established in the Treasury 
     of the United States a revolving fund for the House of 
     Representatives to be known as the Net Expenses of Equipment 
     Revolving Fund (hereafter in this section referred to as the 
     ``Revolving Fund''), consisting of funds deposited by the 
     Chief Administrative Officer of the House of Representatives 
     from amounts provided by offices of the House of 
     Representatives to purchase, lease, obtain, and maintain the 
     equipment located in such offices, and amounts provided by 
     Members of the House of Representatives (including Delegates 
     and Resident Commissioners to the Congress) to purchase, 
     lease, obtain, and maintain furniture for their district 
     offices.
       (b) Amounts in the Revolving Fund shall be used by the 
     Chief Administrative Officer without fiscal year limitation 
     to purchase, lease, obtain, and maintain equipment for 
     offices of the House of Representatives and furniture for the 
     district offices of Members of the House of Representatives 
     (including Delegates and Resident Commissioners to the 
     Congress).
       (c) The Revolving Fund shall be treated as a category of 
     allowances and expenses for purposes of section 101(a) of the 
     Legislative Branch Appropriations Act, 1993 (2 U.S.C. 
     95b(a)).
       (d) This section shall apply with respect to fiscal year 
     2003 and each succeeding fiscal year, except that for 
     purposes of making deposits into the Revolving Fund under 
     subsection (a), the Chief Administrative Officer may deposit 
     amounts provided by offices of the House of Representatives 
     during fiscal year 2002 or any succeeding fiscal year.
       Sec. 103. Effective with respect to fiscal year 2003 and 
     each succeeding fiscal year, any amount received by House 
     Information Resources from any office of the House of 
     Representatives as reimbursement for services provided shall 
     be deposited in the Treasury for credit to the account of the 
     Office of the Chief Administrative Officer of the House of 
     Representatives.
       Sec. 104. Section 3709 of the Revised Statutes of the 
     United States (41 U.S.C. 5) does not apply to purchases and 
     contracts for supplies or services for any office of the 
     House of Representatives in any fiscal year.
       Sec. 105. (a) Establishment.--The Chief Administrative 
     Officer shall establish a program under which an employing 
     office of the House of Representatives may agree to repay (by 
     direct payment on behalf of the employee) any student loan 
     previously taken out by an employee of the office. For 
     purposes of this section, a Member of the House of 
     Representatives (including a Delegate or Resident 
     Commissioner to the Congress) shall not be considered to be 
     an employee of the House of Representatives.
       (b) Regulations.--The Committee on House Administration 
     shall promulgate such regulations as may be necessary to 
     carry out the program under this section.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the program under this section during fiscal year 2003 and 
     each succeeding fiscal year.


       program to increase employment opportunities in house of 
           representatives for individuals with disabilities

       Sec. 106. (a) In General.--In order to promote an increase 
     in opportunities for individuals with disabilities to provide 
     services to the House of Representatives, the Chief 
     Administrative Officer of the House of Representatives is 
     authorized to--
       (1) enter into 1 or more contracts with nongovernmental 
     entities to provide for the performance of services for 
     offices of the House of Representatives by individuals with 
     disabilities who are employees of, or under contract with, 
     such entities; and
       (2) provide reasonable accommodations, including assistive 
     technology devices and assistive technology services, to 
     enable such individuals to perform such services under such 
     contracts.
       (b) Elements of Program.--The Chief Administrative Officer 
     of the House of Representatives, in entering into any 
     contract under subsection (a), shall seek to ensure that--

[[Page H4899]]

       (1) traditional and nontraditional outreach efforts are 
     used to attract individuals with disabilities for educational 
     benefit and employment opportunities in the House;
       (2) the non-governmental entity provides adequate education 
     and training for individuals with disabilities to enhance 
     such employment opportunities; and
       (3) efforts are made to educate employing offices in the 
     House about opportunities to employ individuals with 
     disabilities.
       (c) Funding.--There are authorized to be appropriated from 
     the applicable accounts of the House of Representatives 
     $500,000 to carry out this section for each of the fiscal 
     years 2003 through 2007.

                              JOINT ITEMS

       For Joint Committees, as follows:

                        Joint Economic Committee

       For salaries and expenses of the Joint Economic Committee, 
     $3,658,000, to be disbursed by the Secretary of the Senate.

                      Joint Committee on Taxation

       For salaries and expenses of the Joint Committee on 
     Taxation, $7,323,000, to be disbursed by the Chief 
     Administrative Officer of the House: Provided, That $590,000 
     of such amount shall not be made available until the Joint 
     Committee publicly releases the report on tax evasion by 
     expatriates which was requested by the Honorable William 
     Archer, the former chair of the Committee on Ways and Means 
     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) $1,414,000 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, $3,000,000, of which 
     $300,000 shall remain available until expended, to be 
     disbursed by the Chief Administrative Officer of the House of 
     Representatives.

           Capitol Guide Service and Special Services Office

       For salaries and expenses of the Capitol Guide Service and 
     Special Services Office, $3,035,000, 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 second session of 
     the One Hundred Seventh Congress, showing appropriations 
     made, indefinite appropriations, and contracts authorized, 
     together with a chronological history of the regular 
     appropriations bills as required by law, $30,000, to be paid 
     to the persons designated by the chairmen of such committees 
     to supervise the work.

                             CAPITOL POLICE


                                salaries

       For the Capitol Police for salaries of officers, members, 
     and employees of the Capitol Police, including overtime, 
     hazardous duty pay differential, and Government contributions 
     for health, retirement, Social Security, and other applicable 
     employee benefits, $175,675,000, to be disbursed by the 
     Capitol Police.


                            general expenses

       For the Capitol Police for necessary expenses, including 
     motor vehicles, communications and other equipment, security 
     equipment and installation, uniforms, weapons, supplies, 
     materials, training, medical services, forensic services, 
     stenographic services, personal and professional services, 
     the employee assistance program, not more than $2,000 for the 
     awards program, 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, postage, communication services, travel advances, 
     relocation of instructor and liaison personnel for the 
     Federal Law Enforcement Training Center, $43,000,000, of 
     which $7,632,000 shall remain available until expended, to be 
     disbursed by the Capitol Police or their delegee: Provided, 
     That $5,000,000 of the amount provided is withheld from 
     obligation subject to the approval of the House and Senate 
     Committees on Appropriations: Provided further, 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 2003 shall be 
     paid by the Secretary of the Treasury from funds available to 
     the Department of the Treasury.

                        ARCHITECT OF THE CAPITOL


                  capitol police buildings and grounds

                     (including transfer of funds)

       For all necessary expenses for the maintenance, care, and 
     operation of buildings and grounds of the United States 
     Capitol Police, $37,500,000, of which $36,500,000 shall 
     remain available until September 30, 2007: Provided, That 
     $13,000,000 of the amount provided is withheld from 
     obligation subject to the approval of the Committees on 
     Appropriations of the House of Representatives and Senate: 
     Provided further, That of this amount, not more than 
     $3,500,000 may be used for studying, planning, designing, and 
     architect and engineer services, except that this amount may 
     be increased to a greater amount determined by the Architect 
     of the Capitol to be necessary for such purposes if the 
     Architect notifies the Committees on Appropriations of the 
     House of Representatives and Senate of the determination, the 
     greater amount, and the Architect's reasons therefor: 
     Provided further, That any amounts provided to the Architect 
     of the Capitol prior to the date of the enactment of this Act 
     for maintenance, care, and operation of buildings of the 
     United States Capitol Police which remain unobligated as of 
     the date of the enactment of this Act shall be transferred to 
     the account under this heading.

                       Administrative Provisions


                     (including transfer of funds)

       Sec. 107. Amounts appropriated for fiscal year 2003 for the 
     Capitol Police may be transferred between the headings 
     ``salaries'', ``general expenses'', and ``ARCHITECT OF THE 
     CAPITOL'', ``capitol police buildings and grounds'', upon the 
     approval of the Committees on Appropriations of the Senate 
     and the House of Representatives.
       Sec. 108. During fiscal year 2003 and any succeeding fiscal 
     year, the Capitol Police may--
       (1) enter into contracts for the acquisition of severable 
     services for a period that begins in 1 fiscal year and ends 
     in the next fiscal year to the same extent as the head of an 
     executive agency under the authority of section 303L of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 253l); and
       (2) enter into multi-year contracts for the acquisitions of 
     property and nonaudit-related services to the same extent as 
     executive agencies under the authority of section 304B of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 254c).
       Sec. 109. (a) Within the limits of available 
     appropriations, the Capitol Police may dispose of surplus or 
     obsolete property of the Capitol Police by inter-agency 
     transfer, donation, sale, trade-in, or any other appropriate 
     method.
       (b) Any amounts received by the Capitol Police from the 
     disposition of property pursuant to subsection (a) shall be 
     credited to the account established for the general expenses 
     of the Capitol Police, and shall be available to carry out 
     the purposes of such account during the fiscal year in which 
     the amounts are received and the following fiscal year.
       (c) This section shall apply with respect to fiscal year 
     2003 and each succeeding fiscal year.
       Sec. 110. (a) Transfer of Disbursing Function.--(1) The 
     Chief of the Capitol Police shall be the disbursing officer 
     for the Capitol Police. Any reference in any law or 
     resolution before the enactment of this section to funds paid 
     or disbursed by the Chief Administrative Officer of the House 
     of Representatives and the Secretary of the Senate relating 
     to the pay and allowances of Capitol Police officers, 
     members, and employees shall be deemed to refer to the Chief 
     of the Capitol Police.
       (2) Any statutory function, duty, or authority of the Chief 
     Administrative Officer of the House of Representatives or the 
     Secretary of the Senate as disbursing officers for the 
     Capitol Police shall transfer to the Chief as the single 
     disbursing officer for the Capitol Police.
       (3) Until such time as the Chief notifies the Chief 
     Administrative Officer of the House of Representatives and 
     the Secretary of the Senate that systems are in place for 
     discharging the disbursing functions under this subsection, 
     the House of Representatives and the Senate shall continue to 
     serve as the disbursing authority on behalf of the Capitol 
     Police.
       (b) Treasury Accounts.--(1) There is established in the 
     Treasury of the United States a separate account for the 
     Capitol Police, to be deposited appropriations received by 
     the Chief of the Capitol Police and available for the 
     salaries of the Capitol Police.
       (2) There is established in the Treasury of the United 
     States a separate account for the Capitol Police, to be 
     deposited appropriations received by the Chief of the Capitol 
     Police and available for the general expenses of the Capitol 
     Police.
       (c) Transfer of Funds, Assets, Accounts, Records, and 
     Authority.--(1) The Chief Administrative Officer of the House 
     of Representatives and the Secretary of the Senate are hereby 
     authorized and directed to transfer to the Chief of the 
     Capitol Police all funds, assets, accounts, and copies of 
     original records of the Capitol Police that are in the 
     possession or under the control of the Chief Administrative 
     Officer of the House of Representatives or the Secretary of 
     the Senate in order that all such items may be available for 
     the unified operation of the Capitol Police. Any funds so 
     transferred shall be deposited in the Treasury accounts 
     established under subsection (b) and be available to the 
     Chief for the same purposes as, and in like manner and 
     subject to the

[[Page H4900]]

     same conditions as, the funds prior to the transfer.
       (2) Any transfer authority existing prior to the enactment 
     of this Act granted to the Chief Administrative Officer of 
     the House of Representatives or the Secretary of the Senate 
     for salaries, expenses, and operations of the Capitol Police 
     shall be transferred to the Chief.
       (d) Unexpended Balances.--Notwithstanding the provisions of 
     any other law, the unexpended balances of appropriations for 
     the fiscal year 2003 and succeeding fiscal years that are 
     subject to disbursement by the Chief of the Capitol Police 
     shall be withdrawn as of September 30 of the second fiscal 
     year following the period or year for which provided. Unpaid 
     obligations chargeable to any of the balances so withdrawn or 
     appropriations for prior years shall be liquidated from any 
     appropriations for the same general purpose, which, at the 
     time of payment, are available for disbursement.
       (e) Hiring Authority; Eligibility For Same Benefits as 
     House Employees.--(1) The Chief of the Capitol Police, in 
     carrying out the duties of office, is authorized to appoint, 
     hire, discharge, and set the terms, conditions, and 
     privileges of employment of officers, members, and employees 
     of the Capitol Police, subject to and in accordance with 
     applicable laws and regulations.
       (2) Officers, members, and employees of the Capitol Police 
     who are appointed by the Chief under the authority of this 
     subsection shall be subject to the same type of benefits 
     (including the payment of death gratuities, the withholding 
     of debt, and health, retirement, Social Security, and other 
     applicable employee benefits) as are provided to employees of 
     the House of Representatives, and any such individuals 
     serving as officers, members, and employees of the Capitol 
     Police as of the date of the enactment of this Act shall be 
     subject to the same rights, protections, pay, and benefits 
     received prior to such date.
       (f) Worker's Compensation.--(1) There shall be established 
     a separate account in the Capitol Police for purposes of 
     making payments for officers, members, and employees of the 
     Capitol Police under section 8147 of title 5, United States 
     Code.
       (2) Notwithstanding any other provision of law, payments 
     may be made from the account established under paragraph (1) 
     of this subsection without regard to the fiscal year for 
     which the obligation to make such payments is incurred.
       (g) Effect on Existing Law.--(1) The provisions of this 
     section shall not be construed to reduce the pay or benefits 
     of any officer, member, or employee of the Capitol Police 
     whose pay was disbursed by the Chief Administrative Officer 
     of the House of Representatives or the Secretary of the 
     Senate prior to the enactment of this Act.
       (2) All provisions of law inconsistent with this section 
     are hereby superseded to the extent of the inconsistency.
       (h) Conforming Amendments.--(1) Section 1821 of the Revised 
     Statutes of the United States (40 U.S.C. 206) is amended by 
     striking the third sentence.
       (2) Section 1822 of the Revised Statutes of the United 
     States (40 U.S.C. 207) is repealed.
       (3) Section 9C of the Act entitled ``An Act to define the 
     area of the United States Capitol Grounds, to regulate the 
     use thereof, and for other purposes'', approved July 31, 1946 
     (40 U.S.C. 207a) is amended by striking the second sentence.
       (4) Section 111 of title I of the Act entitled ``Making 
     supplemental appropriations for the fiscal year ending 
     September 30, 1977, and for other purposes'', approved May 4, 
     1977 (2 U.S.C. 64-3), is amended--
       (A) by striking ``Secretary of the Senate'' and inserting 
     ``Chief of the Capitol Police''; and
       (B) by striking ``United States Senate'' and inserting 
     ``Capitol Police''.
       (i) Effective Date.--This section and the amendments made 
     by this section shall take effect October 1, 2002, or the 
     date of the enactment of this Act, whichever is later.
       Sec. 111. (a) Conditions For Recruitment and Relocation 
     Bonuses.--Section 909(a) of chapter 9 of the Emergency 
     Supplemental Act, 2002 (40 U.S.C. 207b-2; Public Law 107-117; 
     115 Stat. 2320) (in this section referred to as the ``Act'') 
     is amended--
       (1) in paragraph (1), by striking ``determines that the 
     Capitol Police would be likely, in the absence of such a 
     bonus, to encounter difficulty in filling the position'' and 
     inserting ``, in the sole discretion of the Chief, determines 
     that such a bonus will assist the Capitol Police in 
     recruitment efforts''; and
       (2) by adding at the end the following:
       ``(6) Determinations not appealable or reviewable.--Any 
     determination of the Chief under this subsection shall not be 
     appealable or reviewable in any manner.''.
       (b) Conditions For Retention Allowances.--Section 909(b) of 
     the Act is amended--
       (1) in paragraph (1)--
       (A) by striking subparagraphs (A) and (B); and
       (B) by striking ``if--'' and inserting ``if the Chief, in 
     the sole discretion of the Chief, determines that such a 
     bonus will assist the Capitol Police in retention efforts.''; 
     and
       (2) in paragraph (3), by striking ``the reduction or 
     elimination of a retention allowance may not be appealed'' 
     and inserting ``any determination of the Chief under this 
     subsection, or the reduction or elimination of a retention 
     allowance, shall not be appealable or reviewable in any 
     manner''.
       (c) Tuition Reimbursement.--
       (1) In general.--Section 909 of the Act is amended--
       (A) by redesignating subsections (f) and (g) as subsections 
     (g) and (h); and
       (B) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Tuition Reimbursement.--
       ``(1) In general.--In order to recruit or retain highly 
     qualified personnel, the Chief of the Capitol Police shall 
     establish a tuition reimbursement program for officers and 
     members of the Capitol Police who are enrolled in or accepted 
     for enrollment in a degree, certificate, or other program 
     leading to a recognized educational credential at an 
     institution of higher education in a course of study relating 
     to law enforcement.
       ``(2) Conditions for eligibility.--In addition to meeting 
     any other conditions the Chief may by regulation impose, an 
     officer or member of the Capitol Police may participate in 
     the tuition reimbursement program under this subsection only 
     if--
       ``(A) the officer or member agrees in writing, before 
     receiving any reimbursement under the program, to remain in 
     the service of the Capitol Police for a period specified by 
     the Chief (not less than 3 years), unless involuntarily 
     separated; and
       ``(B) the officer or member has not participated, and 
     agrees in writing not to participate in, any student loan 
     repayment program covering the academic program involved.
       ``(3) Cap on amount of reimbursement.--The total amount 
     reimbursed with respect to any individual under the program 
     established under this subsection may not exceed $40,000.''.
       (2) Deadline for regulations.--Not later than 60 days after 
     the date of the enactment of this Act, the Chief of the 
     Capitol Police shall promulgate any regulations required to 
     carry out the amendment made by paragraph (1).
       Sec. 112. (a) Additional Compensation for Employees With 
     Specialty Assignments and Proficiencies.--
       (1) Establishment of positions.--The Chief of the Capitol 
     Police may establish and determine, from time to time, 
     positions in salary classes of officers, members, and 
     employees of the Capitol Police to be designated as employees 
     with specialty assignments or proficiencies, based on the 
     experience, education, training, or other appropriate factors 
     required to carry out the duties of such employees.
       (2) Additional compensation.--In addition to the regularly 
     scheduled rate of basic pay, each officer, member, or 
     employee holding a position designated under this subsection 
     shall receive a per annum amount determined by the Chief, 
     except that--
       (A) such amount may not exceed 25% of the member's or 
     employee's annual rate of basic pay; and
       (B) such amount may not be paid in a calendar year to the 
     extent that, when added to the total basic pay paid or 
     payable to such officer, member, or employee for service 
     performed in the year, such amount would cause the total to 
     exceed the annual rate of basic pay payable for level II of 
     the Executive Schedule, as of the end of such year.
       (3) Manner of payment.--The additional compensation 
     authorized by this subsection shall be paid to an officer or 
     employee in the same manner as the regular compensation paid 
     to the officer or employee.
       (b) Recruitment of Former Military and Law Enforcement 
     Personnel Without Regard to Age.--
       (1) In general.--The Chief of the Capitol Police shall 
     carry out any activities and programs to recruit former 
     members of the uniformed services and former officers of 
     other law enforcement agencies to serve as members of the 
     Capitol Police without regard to the age of such former 
     members and former officers.
       (2) Rule of construction.--Nothing in this subsection may 
     be construed to affect any provision of law or any rule or 
     regulation providing for the mandatory separation of members 
     of the Capitol Police on the basis of age, or any provision 
     of law or any rule or regulation regarding the calculation of 
     retirement or other benefits for members of the Capitol 
     Police.
       (c) Authorizing Premium Pay to Ensure Availability of 
     Personnel.--
       (1) In general.--The Chief of the Capitol Police may 
     provide premium pay to officers and members of the Capitol 
     Police to ensure the availability of such officers and 
     members for unscheduled duty in excess of a 40-hour work 
     week, based on the needs of the Capitol Police, in the same 
     manner and subject to the same terms and conditions as 
     premium pay provided to criminal investigators under section 
     5545a of title 5, United States Code (subject to paragraph 
     (2)).
       (2) Cap on total amount paid.--Premium pay for an officer 
     or member under this subsection may not be paid in a calendar 
     year to the extent that, when added to the total basic pay 
     paid or payable to such officer or member for service 
     performed in the year, such pay would cause the total to 
     exceed the annual rate of basic pay payable for level II of 
     the Executive Schedule, as of the end of such year.
       (d) Increase in Rates Applicable to Newly-Appointed Members 
     and Employees.--The Chief of the Capitol Police may 
     compensate newly-appointed officers, members, and civilian 
     employees of the Capitol Police at an annual rate of basic 
     compensation in excess of the lowest rate of compensation 
     otherwise applicable to the position to which the employee is 
     appointed, except that in no case may such a rate be

[[Page H4901]]

     greater than the maximum annual rate of basic compensation 
     otherwise applicable to the position.
       (e) Overtime Compensation For Officers and Members at Rank 
     of Lieutenant or Higher.--
       (1) In general.--The Chief of the Capitol Police may 
     provide for the compensation of overtime work of officers and 
     members of the Capitol Police at the rank of lieutenant and 
     higher. Nothing in this subsection may be construed to affect 
     the compensation of overtime work of officers and members of 
     the Capitol Police at any rank not described in the previous 
     sentence.
       (2) Terms and conditions.--In providing for the 
     compensation of overtime work under this subsection, the 
     Chief shall provide the compensation in the same manner and 
     subject to the same terms and conditions which are applicable 
     to the compensation of overtime work of officers and members 
     of the United States Secret Service Uniformed Division and 
     the United States Park Police who serve at the rank of 
     lieutenant and higher, in accordance with section 1 of the 
     Act entitled ``An Act to provide a 5-day week for officers 
     and members of the Metropolitan Police force, the United 
     States Park Police force, and the White House Police force, 
     and for other purposes'', approved August 15, 1950 (sec. 5-
     1304, D.C. Official Code).
       (f) Training Programs For Personnel.--
       (1) In general.--Chapter 41 of title 5, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 4120. Training for officers, members, and employees of 
       the Capitol Police

       ``(a) The Chief of the Capitol Police may, by regulation, 
     make applicable such provisions of this chapter as the Chief 
     determines necessary to provide for training of officers, 
     members, and employees of the Capitol Police. The regulations 
     shall provide for training which, in the determination of the 
     Chief, is consistent with the training provided by agencies 
     under the preceding sections of this chapter.
       ``(b) The Office of Personnel Management shall provide the 
     Chief of the Capitol Police with such advice and assistance 
     as the Chief may request in order to enable the Chief to 
     carry out the purposes of this section.''.
       (2) Clerical amendment.--The table of sections for chapter 
     41 of such title is amended by adding at the end the 
     following:

``4120. Training for officers, members, and employees of the Capitol 
              Police.''.

       (g) Application of Premium Pay Limits on Annualized 
     Basis.--
       (1) In general.--Any limits on the amount of premium pay 
     which may be earned by officers and members of the Capitol 
     Police during emergencies (as determined by the Capitol 
     Police Board) shall be applied by the Chief of the Capitol 
     Police on an annual basis and not on a pay period basis.
       (2) Effective date.--Paragraph (1) shall apply with respect 
     to hours of duty occurring on or after September 11, 2001.
       (h) Correction of Disparity Within Classes.--
       (1) In general.--The Chief of the Capitol Police shall 
     adjust the basic pay of members of the Capitol Police to the 
     extent necessary to ensure that all members within the same 
     rank who are within the same service class are paid the same 
     annual rate of basic pay, except that no member of the 
     Capitol Police may be subject to a reduction in the member's 
     rate of basic pay as a result of this subsection.
       (2) Effective date.--Paragraph (1) shall apply with respect 
     to pay periods beginning on or after October 1, 2001.
       (i) Effective Date; Regulations.--
       (1) Effective date.--Except as otherwise provided, this 
     section shall apply with respect to pay periods beginning on 
     or after the date of the enactment of this Act.
       (2) Deadline for regulations.--Not later than 60 days after 
     the date of the enactment of this Act, the Chief of the 
     Capitol Police shall promulgate any regulations required to 
     carry out this section.
       Sec. 113. (a) Capitol Police Board; Composition; Redefining 
     Mission.--
       (1) Purpose.--The purpose of the Capitol Police Board is to 
     oversee and support the Capitol Police in its mission and to 
     advance coordination between the Capitol Police and the 
     Sergeants at Arms of the House of Representatives and the 
     Senate, in their law enforcement capacities, and the 
     Congress. Consistent with this purpose, the Capitol Police 
     Board shall establish general goals and objectives covering 
     its major functions and operations to improve the efficiency 
     and effectiveness of its operations.
       (2) Composition.--The Capitol Police Board shall consist of 
     the Sergeant at Arms of the House of Representatives, the 
     Sergeant at Arms of the Senate, the Chief of the Capitol 
     Police, and the Architect of the Capitol. The Chief of 
     Capitol Police shall serve in an ex-officio capacity and be a 
     non-voting member of the Board.
       (3) Chair position.--The position of chair of the Capitol 
     Police Board shall rotate between the Sergeant at Arms of the 
     House of Representatives and the Sergeant at Arms of the 
     Senate every other year.
       (b) Initial Review and Report.--Not later than 180 days 
     after the date of the enactment of this Act, the Capitol 
     Police Board shall--
       (1) examine the mission of the Capitol Police Board and, 
     based on that analysis, redefine the Capitol Police Board's 
     mission, mission-related processes, and administrative 
     processes;
       (2) conduct an assessment of the effectiveness and 
     usefulness of its statutory functions in contributing to the 
     Capitol Police Board's ability to carry out its mission and 
     meet its goals, including an explanation of the reasons for 
     any determination that the statutory functions are 
     appropriate and advisable in terms of its purpose, mission, 
     and long-term goals; and
       (3) submit to the Speaker and minority leader of the House 
     of Representatives and the majority leader and minority 
     leader of the Senate a report on the results of its 
     examination and assessment, including recommendations for any 
     legislation that the Capitol Police Board considers 
     appropriate and necessary.
       (c) Executive Director.--
       (1) Establishment.--There shall be established in the 
     Capitol Police an Executive Director for the Capitol Police 
     Board to act as a central point for communication and enhance 
     the overall effectiveness and efficiency of the Capitol 
     Police Board's administrative activities.
       (2) Appointment; compensation.--The Executive Director 
     shall be appointed by the Chief of Police in consultation 
     with the Sergeant at Arms of the House of Representatives and 
     the Sergeant at Arms of the Senate. The Executive Director 
     shall be paid at an annual rate of compensation equal to the 
     annual rate of basic pay payable under level IV of the 
     Executive Schedule.
       (3) Duties.--The Executive Director shall be assigned to, 
     and report to, the Chairman of the Board. The Executive 
     Director shall assist the Capitol Police Board in developing, 
     documenting, and implementing a clearly defined process for 
     additional tasks assigned to the Capitol Police Board under 
     this section, and shall perform any additional duties 
     assigned by the Capitol Police Board.
       (d) Documentation.--
       (1) Functions and processes.--The Capitol Police Board 
     shall document its functions and processes, including its 
     mission statement, policies, directives, and operating 
     procedures established or revised under subsection (a)(1) or 
     (b), and make such documentation available for examination to 
     the Speaker and minority leader of the House of 
     Representatives, the majority leader and minority leader of 
     the Senate, the Capitol Police, and the Comptroller General.
       (2) Meetings.--The Capitol Police Board shall document 
     Board meetings and make the documentation available for 
     distribution to the Speaker and minority leader of the House 
     of Representatives and the majority leader and minority 
     leader of the Senate.
       (e) Assistance of Comptroller General.--Upon request, the 
     Comptroller General shall provide assistance to the Capitol 
     Police Board in carrying out its responsibilities under this 
     subsection.
       (f) References in Law; Effect on Other Laws.--(1) Any 
     reference in any law or resolution in effect as of the date 
     of the enactment of this Act to the ``Capitol Police Board'' 
     shall be deemed to refer to the Capitol Police Board as 
     composed under subsection (a)(2).
       (2) Nothing in this section shall be construed to affect 
     the jurisdiction, powers, or prerogatives of the Capitol 
     Police Board or its individual members unless specifically 
     provided herein.
       Sec. 114. (a) Subsection (c) of the first section of Public 
     Law 96-152 (40 U.S.C. 206-1) is amended to read as follows:
       ``(c) The annual rate of pay for the Chief of the Capitol 
     Police shall be the amount equal to $1,000 less than the 
     lower of the annual rate of pay in effect for the Sergeant-
     at-Arms of the House of Representatives or the annual rate of 
     pay in effect for the Sergeant-at-Arms and Doorkeeper of the 
     Senate.''.
       (b) Section 907(b) of the Emergency Supplemental Act, 2002 
     (40 U.S.C. 206 note) is amended to read as follows:
       ``(b) The annual rate of pay for the Assistant Chief of the 
     Capitol Police shall be the amount equal to $1,000 less than 
     the annual rate of pay in effect for the Chief of the Capitol 
     Police.''.
       (c) The amendments made by subsections (a) and (b) shall 
     apply with respect to the first pay period beginning on or 
     after the date of the enactment of the Act.

                          OFFICE OF COMPLIANCE

                         Salaries and Expenses

       For salaries and expenses of the Office of Compliance, as 
     authorized by section 305 of the Congressional Accountability 
     Act of 1995 (2 U.S.C. 1385), $2,059,000, of which $254,000 
     shall remain available until September 30, 2004.

                        Administrative Provision

       Sec. 115. (a) If any person files with the Office of 
     Compliance or the Board of Directors of the Office of 
     Compliance a written response to any decision or report of 
     the Office or the Board (as the case may be), the Office or 
     the Board shall include such response in its final 
     publication of the decision or report, unless the person 
     directs the Office or the Board to exclude the response from 
     publication.
       (b) This section shall apply with respect to decisions and 
     reports issued during fiscal year 2003 or any succeeding 
     fiscal year.

                      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, $32,390,000, of which 
     not more

[[Page H4902]]

     than $100,000 shall remain available until expended for the 
     acquisition and partial support for implementation of a 
     Central Financial Management System: Provided, That no part 
     of such amount may be used for the purchase or hire of a 
     passenger motor vehicle.

                       Administrative Provisions

       Sec. 116. The Director of the Congressional Budget Office 
     may, by regulation, make applicable such provisions of 
     section 3396 of title 5, United States Code, as the Director 
     determines necessary to establish hereafter a program 
     providing opportunities for employees of the Office to engage 
     in details or other temporary assignments in other agencies, 
     study, or uncompensated work experience which will contribute 
     to the employees' development and effectiveness.
       Sec. 117. The Director of the Congressional Budget Office 
     is hereafter authorized to enter into agreements or contracts 
     without regard to section 3709 of the Revised Statutes of the 
     United States (41 U.S.C. 5).

                        ARCHITECT OF THE CAPITOL

                     Capitol Buildings and Grounds

                         general administration

                         salaries and expenses

       For salaries for the Architect of the Capitol, the 
     Assistant Architect of the Capitol, and other personal 
     services, at rates of pay provided by law; for surveys and 
     studies in connection with activities under the care of the 
     Architect of the Capitol; for all necessary expenses for the 
     general and administrative support of the operations under 
     the Architect of the Capitol including the Botanic Garden; 
     electrical substations of the Capitol, Senate and House 
     office buildings, and other facilities under the jurisdiction 
     of the Architect of the Capitol; including furnishings and 
     office equipment; including not more than $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, $61,927,000, of which $6,450,000 shall remain 
     available until September 30, 2007.


                           CAPITOL BUILDINGS

       For all necessary expenses for the maintenance, care and 
     operation of the Capitol, $32,062,000, of which $19,065,000 
     shall remain available until September 30, 2007: Provided, 
     That of this amount, not more than $4,465,000 may be used for 
     studying, planning, designing, and architect and engineer 
     services, except that this amount may be increased to a 
     greater amount determined by the Architect of the Capitol to 
     be necessary for such purposes if the Architect notifies the 
     Committees on Appropriations of the House of Representatives 
     and Senate of the determination, the greater amount, and the 
     Architect's reasons therefor.


                            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, $8,125,000, of which 
     $1,530,000 shall remain available until September 30, 2007: 
     Provided, That of this amount, not more than $330,000 may be 
     used for studying, planning, designing, and architect and 
     engineer services, except that this amount may be increased 
     to a greater amount determined by the Architect of the 
     Capitol to be necessary for such purposes if the Architect 
     notifies the Committees on Appropriations of the House of 
     Representatives and Senate of the determination, the greater 
     amount, and the Architect's reasons therefor.


                         house office buildings

       For all necessary expenses for the maintenance, care and 
     operation of the House office buildings, $58,460,000, of 
     which $23,110,000 shall remain available until September 30, 
     2007: Provided, That of this amount, not more than 
     $10,020,000 may be used for studying, planning, designing, 
     and architect and engineer services, except that this amount 
     may be increased to a greater amount determined by the 
     Architect of the Capitol to be necessary for such purposes if 
     the Architect notifies the Committee on Appropriations of the 
     House of Representatives of the determination, the greater 
     amount, and the Architect's reasons therefor.


                          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, $107,173,000, of which $66,450,000 
     shall remain available until September 30, 2007: Provided, 
     That not more than $4,400,000 of the funds credited or to be 
     reimbursed to this appropriation as herein provided shall be 
     available for obligation during fiscal year 2003: Provided 
     further, That of this amount, not more than $450,000 may be 
     used for studying, planning, designing, and architect and 
     engineer services, except that this amount may be increased 
     to a greater amount determined by the Architect of the 
     Capitol to be necessary for such purposes if the Architect 
     notifies the Committees on Appropriations of the House of 
     Representatives and Senate of the determination, the greater 
     amount, and the Architect's reasons therefor.

                       Administrative Provisions

       Sec. 118. Notwithstanding any other provision of law: (a) 
     section 3709 of the Revised Statutes of the United States (41 
     U.S.C. 5) shall apply with respect to purchases and contracts 
     for the Architect of the Capitol as if the reference to 
     ``$25,000'' in clause (1) of such section were a reference to 
     ``$100,000''; and (b) the Architect may procure services, 
     equipment, and construction for security related projects in 
     the most efficient manner he determines appropriate.
       Sec. 119. (a) Section 133(a) of the Legislative Branch 
     Appropriations Act, 2002 (Public Law 107-68; 115 Stat. 581), 
     is amended--
       (1) by adding at the end of paragraph (2) the following new 
     subparagraph:
       ``(E) An individual who is covered by a collective 
     bargaining agreement entered into by the Architect of the 
     Capitol establishing terms and conditions of employment which 
     include eligibility for life insurance, health insurance, 
     retirement, and other benefits.''; and
       (2) by adding at the end the following new paragraph:
       ``(4) The Architect of the Capitol shall make employer 
     contributions for benefits for employees of the Architect 
     (including temporary employees) directly to any third party 
     designated to receive such contributions on behalf of the 
     employees under a collective bargaining agreement, 
     participation agreement, or any other arrangement entered 
     into by the Architect which provides for such 
     contributions.''.
       (b) Any individual who exercised an option offered by the 
     Architect of the Capitol under section 133(a)(2) of the 
     Legislative Branch Appropriations Act, 2002, prior to the 
     date of the enactment of this Act may revoke the option 
     during the 90-day period which begins on the date of the 
     enactment of this Act.
       (c) The amendments made by subsection (a) shall take effect 
     as if included in the enactment of section 133(a) of the 
     Legislative Branch Appropriations Act, 2002.

                          LIBRARY OF CONGRESS

                     Congressional Research Service


                         salaries and expenses

       For necessary expenses to carry out the provisions of 
     section 203 of the Legislative Reorganization Act of 1946 (2 
     U.S.C. 166) and to revise and extend the Annotated 
     Constitution of the United States of America, $86,241,000: 
     Provided, That no part of such amount may be used to pay any 
     salary or expense in connection with any publication, or 
     preparation of material therefor (except the Digest of Public 
     General Bills), to be issued by the Library of Congress 
     unless such publication has obtained prior approval of either 
     the Committee on House Administration of the House of 
     Representatives or the Committee on Rules and Administration 
     of the Senate.

                       GOVERNMENT PRINTING OFFICE

                   Congressional Printing and Binding


                     (including transfer of funds)

       For authorized printing and binding for the Congress and 
     the distribution of Congressional information in any format; 
     printing and binding for the Architect of the Capitol; 
     expenses necessary for preparing the semimonthly and session 
     index to the Congressional Record, as authorized by law 
     (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, 
     $90,143,000: 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.
       This title may be cited as the ``Congressional Operations 
     Appropriations Act, 2003''.

                        TITLE II--OTHER AGENCIES

                             BOTANIC GARDEN

                         Salaries and Expenses

       For all necessary expenses for the maintenance, care and 
     operation of the Botanic

[[Page H4903]]

     Garden and the nurseries, buildings, grounds, and 
     collections; and purchase and exchange, maintenance, repair, 
     and operation of a passenger motor vehicle; all under the 
     direction of the Joint Committee on the Library, $5,936,000, 
     of which $120,000 shall remain available until September 30, 
     2007: Provided, That of this amount, not more than $120,000 
     may be used for studying, planning, designing, and architect 
     and engineer services, except that this amount may be 
     increased to a greater amount determined by the Architect of 
     the Capitol to be necessary for such purposes if the 
     Architect notifies the Committees on Appropriations of the 
     House of Representatives and Senate of the determination, the 
     greater amount, and the Architect's reasons therefor: 
     Provided further, That this appropriation shall not be 
     available for any activities of the National Garden.

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

       For necessary expenses of the Library of Congress not 
     otherwise provided for, including development and maintenance 
     of the Union Catalogs; custody and custodial care of the 
     Library buildings; special clothing; cleaning, laundering and 
     repair of uniforms; preservation of motion pictures in the 
     custody of the Library; operation and maintenance of the 
     American Folklife Center in the Library; preparation and 
     distribution of catalog records and other publications of the 
     Library; hire or purchase of one passenger motor vehicle; and 
     expenses of the Library of Congress Trust Fund Board not 
     properly chargeable to the income of any trust fund held by 
     the Board, $358,797,000, of which not more than $6,500,000 
     shall be derived from collections credited to this 
     appropriation during fiscal year 2003, 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 
     2003 and shall remain available until expended for the 
     development and maintenance of an international legal 
     information database and activities related thereto: 
     Provided, That the Library of Congress may not obligate or 
     expend any funds derived from collections under the Act of 
     June 28, 1902, in excess of the amount authorized for 
     obligation or expenditure in appropriations Acts: Provided 
     further, That the total amount available for obligation shall 
     be reduced by the amount by which collections are less than 
     the $6,850,000: Provided further, That of the total amount 
     appropriated, $10,886,000 is to remain available until 
     expended for acquisition of books, periodicals, newspapers, 
     and all other materials including subscriptions for 
     bibliographic services for the Library, including $40,000 to 
     be available solely for the purchase, when specifically 
     approved by the Librarian, of special and unique materials 
     for additions to the collections: Provided further, That of 
     the total amount appropriated, 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, $2,200,000 shall 
     remain available until expended for the acquisition and 
     partial support for implementation of an Integrated Library 
     System (ILS): Provided further, That of the total amount 
     appropriated, $9,600,000 shall remain available until 
     expended for the purpose of teaching educators how to 
     incorporate the Library's digital collections into school 
     curricula and shall be transferred to the educational 
     consortium formed to conduct the ``Joining Hands Across 
     America: Local Community Initiative'' project as approved by 
     the Library: Provided further, That of the amount 
     appropriated, $500,000, shall remain available until 
     expended, shall be transferred to the Abraham Lincoln 
     Bicentennial Commission for carrying out the purposes of 
     Public Law 106-173, of which amount $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, $5,250,000 shall remain 
     available until expended for the acquisition and partial 
     support for implementation of a Central Financial Management 
     System: Provided further, That of the total amount 
     appropriated, $10,000,000 shall remain available until 
     expended for the purpose of developing a high-speed data 
     transmission between the Library of Congress and educational 
     facilities, libraries, or networks serving Western North 
     Carolina.

                            Copyright Office


                         salaries and expenses

       For necessary expenses of the Copyright Office, 
     $44,876,000, of which not more than $24,911,000, to remain 
     available until expended, shall be derived from collections 
     credited to this appropriation during fiscal year 2003 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 
     $6,191,000 shall be derived from collections during fiscal 
     year 2003 under sections 111(d)(2), 119(b)(2), 802(h), and 
     1005 of such title: Provided further, That the total amount 
     available for obligation shall be reduced by the amount by 
     which collections are less than $31,102,000: Provided 
     further, That not more than $100,000 of the amount 
     appropriated is available for the maintenance of an 
     ``International Copyright Institute'' in the Copyright Office 
     of the Library of Congress for the purpose of training 
     nationals of developing countries in intellectual property 
     laws and policies: Provided further, That not more than 
     $4,250 may be expended, on the certification of the Librarian 
     of Congress, in connection with official representation and 
     reception expenses for activities of the International 
     Copyright Institute and for copyright delegations, visitors, 
     and seminars.

             Books for the Blind and Physically Handicapped


                         salaries and expenses

       For salaries and expenses to carry out the Act of March 3, 
     1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), 
     $56,522,000, of which $20,256,000 shall remain available 
     until expended.

                       Administrative Provisions

       Sec. 201. 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. 202. (a) For fiscal year 2003, the obligational 
     authority of the Library of Congress for the activities 
     described in subsection (b) may not exceed $109,929,000.
       (b) The activities referred to in subsection (a) are 
     reimbursable and revolving fund activities that are funded 
     from sources other than appropriations to the Library in 
     appropriations Acts for the legislative branch.
       (c) For fiscal year 2003, the Librarian of Congress may 
     temporarily transfer funds appropriated in this Act under the 
     heading ``LIBRARY OF CONGRESS--Salaries and Expenses'' to the 
     revolving fund for the FEDLINK Program and the Federal 
     Research Program established under section 103 of the Library 
     of Congress Fiscal Operations Improvement Act of 2000 (Public 
     Law 106-481; 2 U.S.C. 182c): Provided, That the total amount 
     of such transfers may not exceed $1,900,000: Provided 
     further, That the appropriate revolving fund account shall 
     reimburse the Library for any amounts transferred to it 
     before the period of availability of the Library 
     appropriation expires.
       Sec. 203. National Digital Information Infrastructure and 
     Preservation Program.--The Miscellaneous Appropriations Act, 
     2001 (as enacted by section 1(a)(4) of Public Law 106-554, 
     114 Stat. 2763A-194), division A, chapter 9, under the 
     heading ``Library of Congress'' ``Salaries and Expenses'' is 
     amended by striking ``March 31, 2003'' and inserting in lieu 
     thereof ``March 31, 2005''.
       Sec. 204. Section 2(c)(3) of the History of the House 
     Awareness and Preservation Act (2 U.S.C. 183(c)(3)) is 
     amended by inserting ``excerpts of'' after ``dissemination 
     of''.

                        ARCHITECT OF THE CAPITOL

                     Library Buildings and Grounds


                     structural and mechanical care

       For all necessary expenses for the mechanical and 
     structural maintenance, care and operation of the Library 
     buildings and grounds, $35,319,000, of which $15,887,000 
     shall remain available until September 30, 2007 and 
     $5,500,000 shall remain available until expended: Provided, 
     That of this amount, not more than $2,958,000 may be used for 
     studying, planning, designing, and architect and engineer 
     services, except that this amount may be increased to a 
     greater amount determined by the Architect of the Capitol to 
     be necessary for such purposes if the Architect notifies the 
     Committees on Appropriations of the House of Representatives 
     and Senate of the determination, the greater amount, and the 
     Architect's reasons therefor.

                       GOVERNMENT PRINTING OFFICE

                 Office of Superintendent of Documents


                         salaries and expenses

                     (including transfer of funds)

       For expenses of the Office of Superintendent of Documents 
     necessary to provide for the cataloging and indexing of 
     Government publications and their distribution to the public, 
     Members of Congress, other Government agencies, and 
     designated depository and international exchange libraries as 
     authorized by law, $29,661,000: 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  2001 and 2002 
     to depository and other designated libraries: Provided 
     further, That any unobligated or unexpended balances in this 
     account or accounts for similar purposes for preceding fiscal 
     years may be transferred to the Government Printing Office 
     revolving fund for carrying out the purposes of this heading, 
     subject to the approval of the Committees on Appropriations 
     of the House of Representatives and Senate.

               Government Printing Office Revolving Fund

       The Government Printing Office is hereby authorized to make 
     such expenditures, within the limits of funds available and 
     in accord with the law, and to make such contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 9104 of title 31, United States Code, as 
     may be necessary in carrying out the programs and purposes 
     set forth in the budget for the current fiscal year for the 
     Government Printing Office revolving fund: Provided, That not 
     more than $2,500 may be expended on the certification of the 
     Public Printer in connection with official representation and 
     reception expenses: Provided further, That the revolving fund 
     shall be available for the hire or

[[Page H4904]]

     purchase of not more than 12 passenger motor vehicles: 
     Provided further, That expenditures in connection with travel 
     expenses of the advisory councils to the Public Printer shall 
     be deemed necessary to carry out the provisions of title 44, 
     United States Code: Provided further, That the revolving fund 
     shall be available for temporary or intermittent services 
     under section 3109(b) of title 5, United States Code, but at 
     rates for individuals not more than the daily equivalent of 
     the annual rate of basic pay for level V of the Executive 
     Schedule under section 5316 of such title: Provided further, 
     That the revolving fund and the funds provided under the 
     headings ``Office of Superintendent of Documents'' and 
     ``salaries and expenses'' together may not be available for 
     the full-time equivalent employment of more than 3,219 
     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.

                       GENERAL ACCOUNTING OFFICE

                         Salaries and Expenses

       For necessary expenses of the General Accounting Office, 
     including not more than $12,500 to be expended on the 
     certification of the Comptroller General of the United States 
     in connection with official representation and reception 
     expenses; temporary or intermittent services under section 
     3109(b) of title 5, United States Code, but at rates for 
     individuals not more than the daily equivalent of the annual 
     rate of basic pay for level IV of the Executive Schedule 
     under section 5315 of such title; hire of one passenger motor 
     vehicle; advance payments in foreign countries in accordance 
     with section 3324 of title 31, United States Code; benefits 
     comparable to those payable under sections 901(5), 901(6), 
     and 901(8) of the Foreign Service Act of 1980 (22 U.S.C. 
     4081(5), 4081(6), and 4081(8)); and under regulations 
     prescribed by the Comptroller General of the United States, 
     rental of living quarters in foreign countries, $453,534,000: 
     Provided, That not more than $2,210,000 of payments received 
     under section 782 of title 31, United States Code, shall be 
     available for use in fiscal year 2003: Provided further, That 
     not more than $790,000 of reimbursements received under 
     section 9105 of title 31, United States Code, shall be 
     available for use in fiscal year 2003: Provided further, That 
     this appropriation and appropriations for administrative 
     expenses of any other department or agency which is a member 
     of the National Intergovernmental Audit Forum or a Regional 
     Intergovernmental Audit Forum shall be available to finance 
     an appropriate share of either Forum's costs as determined by 
     the respective Forum, including necessary travel expenses of 
     non-Federal participants: Provided further, That payments 
     hereunder to the Forum may be credited as reimbursements to 
     any appropriation from which costs involved are initially 
     financed: Provided further, That this appropriation and 
     appropriations for administrative expenses of any other 
     department or agency which is a member of the American 
     Consortium on International Public Administration (ACIPA) 
     shall be available to finance an appropriate share of ACIPA 
     costs as determined by the ACIPA, including any expenses 
     attributable to membership of ACIPA in the International 
     Institute of Administrative Sciences.

    PAYMENT TO THE RUSSIAN LEADERSHIP DEVELOPMENT CENTER TRUST FUND

       For a payment to the Russian Leadership Development Center 
     Trust Fund for financing activities of the Center for Russian 
     Leadership Development, $13,000,000.

                     TITLE III--GENERAL PROVISIONS

       Sec. 301. No part of the funds appropriated in this Act 
     shall be used for the maintenance or care of private 
     vehicles, except for emergency assistance and cleaning as may 
     be provided under regulations relating to parking facilities 
     for the House of Representatives issued by the Committee on 
     House Administration and for the Senate issued by the 
     Committee on Rules and Administration.
       Sec. 302. No part of the funds appropriated in this Act 
     shall remain available for obligation beyond fiscal year 2003 
     unless expressly so provided in this Act.
       Sec. 303. Whenever in this Act any office or position not 
     specifically established by the Legislative Pay Act of 1929 
     is appropriated for or the rate of compensation or 
     designation of any office or position appropriated for is 
     different from that specifically established by such Act, the 
     rate of compensation and the designation in this Act shall be 
     the permanent law with respect thereto: Provided, That the 
     provisions in this Act for the various items of official 
     expenses of Members, officers, and committees of the House of 
     Representatives and Senate, and clerk hire for Senators and 
     Members of the House of Representatives shall be the 
     permanent law with respect thereto.
       Sec. 304. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 305. Such sums as may be necessary are appropriated to 
     the account described in subsection (a) of section 415 of the 
     Congressional Accountability Act to pay awards and 
     settlements as authorized under such subsection.
       Sec. 306. 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. 307. 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. 308. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 309. (a) In General.--Section 313 of the Legislative 
     Branch Appropriations Act, 2001 (2 U.S.C. 1151), as enacted 
     by reference in section 1(a)(2) of the Consolidated 
     Appropriations Act, 2001, is amended--
       (1) by redesignating subsections (c) through (h) as 
     subsections (d) through (i); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Russian Exchange Program for American Leadership.--
       ``(1) In general.--In addition to the program established 
     under subsection (b), the Center shall establish a program to 
     carry out activities (including the awarding of grants) to 
     enable emerging political leaders of the Federal Government 
     and State and local governments to visit the Russian 
     Federation to study the operation of political institutions, 
     business organizations, and nongovernmental organizations of 
     the Russian Federation.
       ``(2) Administration.--The provisions of paragraphs (3) and 
     (4) of subsection (b) shall apply with respect to the program 
     under this subsection in the same manner as such provisions 
     apply to the program under subsection (b).''.
       (b) Conforming Amendments.--Section 313 of such Act (2 
     U.S.C. 1151) is amended--
       (1) in subsection (b)(1), by striking the period at the end 
     and inserting the following: ``, and to establish and 
     administer the program described in subsection (c).''.; and
       (2) in subsection (i)(2) (as redesignated by subsection 
     (a)(1)), by striking ``Subsection (g)'' and inserting 
     ``Subsection (h)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect upon enactment of this Act.
       Sec. 310. (a) The Librarian of Congress and the Director of 
     the Congressional Research Service shall take such steps as 
     may be necessary to ensure that all materials of the 
     Congressional Research Service which are provided and 
     available to Members of Congress and officers and employees 
     of the House of Representatives and Senate at the United 
     States Capitol and Congressional office buildings (including 
     materials provided through electronic means) may be provided 
     and available to such individuals in the same manner and to 
     the same extent at all other locations where such individuals 
     carry out their official duties.
       (b) This section shall apply to materials of the 
     Congressional Research Service which are provided and 
     available at any time after the date of the enactment of this 
     Act.
       Sec. 311. (a) Each office in the legislative branch which 
     is responsible for preparing any written statement furnished 
     under part 3 of subchapter A of chapter 61 of the Internal 
     Revenue Code of 1986 on behalf of an person shall make the 
     statement available to the person in an electronic format (at 
     the direction of the person) which will enable the person to 
     provide the statement electronically to a tax preparer or 
     other provider of financial services.
       (b) Subsection (a) shall apply with respect to statements 
     prepared for taxable years ending on or after December 31, 
     2002.
  The CHAIRMAN. Are there any points of order to that portion of the 
bill?


                             Point of Order

  Mr. NEY. Mr. Chairman, I raise a point of order against section 110 
on page 16, line 21 through page 21, line 17 of H.R. 5121 on the ground 
that this provision changes existing law in violation of clause 2 of 
House rule XXI and therefore is legislation included in a general 
appropriations bill.
  The CHAIRMAN. Are there any Members that desire to be heard on the 
point of order?
  Mr. MORAN of Virginia. Mr. Chairman, I would like to be heard on this 
point of order, because section 110 would improve the administration of 
the Capitol Police in a couple of ways. It eliminates the last vestiges 
of the old bifurcated payroll system from an earlier era in which some 
officers were

[[Page H4905]]

paid on the House payroll and others on the Senate payroll in placing 
all Capitol Police officers under a single, unified payroll. That is 
what we are trying to do in this bill. It also provides for vesting 
administrative responsibility for the funds, for personnel and for 
other resources of the agency in the chief of the Capitol Police. If 
the gentleman is successful in striking the language in this bill, you 
will continue the current inefficient system in which some paychecks 
for Capitol Police officers are paid by the House administration office 
while other officers are paid out of the Senate disbursing office. You 
will have two payrolls which does not make sense given that we have one 
police force that protects both the House and Senate. This is a serious 
administrative burden for the House, the Senate and the Capitol Police 
which we are trying to correct in this bill.
  Currently officers may be posted on the House end of the Capitol and 
then moved to the Senate on another shift. Yet that same officer will 
be paid out of one payroll office or the other. We are just trying to 
update, to modernize, to make more intelligent the system of 
compensation and the system of management so that the chief of the 
Capitol Police has more direct authority over his officers. That is why 
the language is in. This should not be controversial language. This is 
constructive language. I would urge the gentleman to withdraw his point 
of order.
  The CHAIRMAN. Are there other Members who would like to speak to the 
point of order?
  Mr. NEY. Mr. Chairman, I think this is in the best interests of the 
entire force. It is not a matter of what has been completely historical 
but having elected officials of the House and the Senate to have a say 
about payroll versus turning it over to completely unelected 
individuals within this Capitol.
  I would ask for a ruling, Mr. Chairman.
  The CHAIRMAN. The Chair is prepared to rule.
  The general provision identified by the point of order--section 110 
of the bill--proposes to convey statutory authorities, to establish new 
accounts in the Treasury, and to directly change sundry existing laws. 
As such it constitutes legislation, in violation of clause 2(b) of rule 
XXI. The point of order is sustained, and section 110 is stricken from 
the bill.
  Are there further points of order?


                             Point of Order

  Mr. HERGER. Mr. Chairman, I raise a point of order against the 
provisions contained in title I, section 106, page 11, line 4 beginning 
with the word ``Provided'' through line 9 of this bill, H.R. 5121, on 
the grounds that this provision violates clause 2 of House rule XXI 
because it is legislation included in a general appropriations bill.
  The CHAIRMAN. Are there Members who want to speak to the point of 
order?
  Mr. MORAN of Virginia. Yes, I do, Mr. Chairman. We were hoping that 
this would not be struck. I know the gentleman listened to the debate 
on the rule. It can become a partisan and contentious issue which we 
would prefer to avoid. That is why we put this language in the 
committee. We do not want to be punitive. We do not even want to be 
particularly divisive. All we wanted to do is to say this increase, 
beyond the $6,377,000 that is going to the Joint Committee on Taxation, 
this increase of $590,000 is simply suspended until the Congress 
receives the report that was requested 3 years ago and from what we 
understand was completed 2 years ago. If this language is not struck, 
then there is no more debate, we conclude this bill, we get the report, 
the Joint Committee on Taxation gets its increase and we avoid a very 
contentious and perhaps embarrassing debate for some people. We are not 
going to be embarrassed about it because we know we are doing the right 
thing by simply getting the report that we are told was done. I guess I 
sound a little like I am suggesting that we try to save you from 
yourselves, those people who really want to have this debate. We are 
ready for the debate, but we also think we ought to say we told you so, 
that if we go forward in this manner, I will raise an amendment, offer 
my amendment, it is, of course, in order and we are going to have an 
extended debate and a contentious one.
  I would really suggest to the gentleman to avoid that divisiveness. I 
know he wants to see the report as much as I do. It is done. The 
taxpayers of America paid for it. I know they would like to know who 
has denounced their U.S. citizenship and gone overseas to avoid paying 
U.S. taxes. I know we would both like to see that. Let us withdraw the 
point of order. Let us go ahead, suspend the money and then the Joint 
Committee can get all the money that they have asked for once they give 
us the report that was asked for 3 years ago.
  The CHAIRMAN. Are there other Members who want to speak to the point 
of order? If not, the Chair is prepared to rule.
  The proviso identified by the point of order subjects a portion of 
the accompanying appropriation to a legislative condition precedent. It 
therefore constitutes a violation of clause 2(b) of rule XXI.
  The point of order is sustained, and the proviso is stricken from the 
bill.
  No amendment shall be in order except the amendment printed in House 
Report 107-586 and pro forma amendments offered by the chairman and 
ranking minority member of the Committee on Appropriations, or their 
designees, for the purpose of debate.
  The amendment printed in the report may be offered only by a Member 
designated in the report, shall be considered read, debatable for the 
time specified in the report, equally divided and controlled by the 
proponent and an opponent, and shall not be subject to amendment.
  It is now in order to consider the amendment printed in House Report 
107-586.


               Amendment Offered by Mr. Moran of Virginia

  Mr. MORAN of Virginia. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Moran of Virginia:
       Page 11, line 3, after the dollar amount, insert the 
     following: ``(reduced by $590,000)''.

  The CHAIRMAN. Pursuant to House Resolution 489, the gentleman from 
Virginia (Mr. Moran) and the gentleman from North Carolina (Mr. Taylor) 
each will control 10 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Moran).
  Mr. MORAN of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  As my colleagues know, I am reluctant to offer this, but I see no 
other way to insist that this report be released. After all, it has 
been 3 years since the report was requested.
  In 1999, to prevent action on the gentleman from New York (Mr. 
Rangel)'s bill that would have restricted the ability of people to 
renounce their American citizenship and go overseas to avoid paying 
taxes, the chairman of the Committee on Ways and Means requested the 
Joint Committee on Taxation to do a study and report on that study the 
following year, 2000. We all know we do that a lot. If we do not want 
to face up to actions that many people feel necessary, we come up with 
a compromise. We say, ``Well, let's do a study.'' And so that study was 
accepted by the gentleman from New York (Mr. Rangel) but not forgotten. 
He was willing to have the study done, but he feels very strongly, and 
I know he is going to want to speak for himself, that some action needs 
to be taken. The report has never been provided, presumably because its 
conclusions are very disturbing. The gentleman from New York (Mr. 
Rangel) has repeatedly requested the results of this report. The Joint 
Committee has refused to release it. These delays apparently have been 
efforts to protect wealthy expatriates. We have heard some debate 
excusing that decision to denounce their American citizenship and to 
move overseas in order to avoid paying their taxes to the United States 
Government. The gentleman from Georgia suggested this was 
understandable because they have lower rates of taxation. Let me just 
say to the gentleman, for those people who have moved to Bermuda or to 
Barbados or to Antigua or to any of these islands where the taxes, 
granted, are much lower, I doubt that those individuals if they are 
ever attacked are going to turn to the Bermuda navy to protect

[[Page H4906]]

them, or the Antigua air force, or the Jamaican marines. We pay for 
what we get, the strongest military in the world, and we all ought to 
be willing to pay for it. We all ought to be willing to pay for the 
costs of this government that keeps this country as prosperous and 
strong and free as it is. But freedom and democracy does not come 
cheap. And it is wrong for these people to denounce their citizenship 
because they are so wealthy they do not want to pay their share of 
funding our American military, their share of funding the education of 
our workforce, their share of the roads and the transportation systems 
that provide the infrastructure for their businesses. It is wrong. And 
the Committee found the specifics apparently to be very disturbing as 
to who has done this and how much money is being avoided. Yet the 
majority seems unwilling to release this information so we can act in 
an informed way and take appropriate legislative action on behalf of 
the American people, on behalf of all the other American taxpayers who 
are having to pay more money because these people, these cheats, are 
willing to go overseas, denounce their citizenship and avoid the 
responsibility of paying their fair share of taxes. It is not right. We 
need to get this information, and it is time. Three years later, it is 
time to get this information.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 2 minutes to the 
gentleman from Illinois (Mr. Crane).

                              {time}  1515

  Mr. CRANE. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  Mr. Chairman, I rise in opposition to the amendment to strike 
$595,000 in funding for the Joint Committee on Taxation, a committee on 
which I serve. A reduction in funding will place a terrible burden on 
Congress as it attempts to produce important and necessary changes to 
the Tax Code.
  That said, there is no doubt in my mind that the current revenue 
estimating process is flawed. Estimates do not take into account the 
total effect of revenue changes on the economy, including wages, 
prices, and consumer spending. We are locked into a model of estimating 
that only tips its hat to our dynamic economy.
  In response to my inquiry during a February hearing of the Committee 
on Ways and Means, the Treasury Secretary stated, ``Since I have been 
at Treasury, we have been working hard on this, the subject of 
estimation and looking at ways that we can bring to the Congress and to 
the American people not just the static estimates of the past but, as 
you characterize it, dynamic estimates so that everyone will have an 
opportunity to see the difference and, as we go through time, we can 
see which estimates turn out to be more correct through this process.''
  In another hearing, the Director of the Office of Management and 
Budget, in commenting on the revenue estimating process, made the 
following observation: ``We make the one assumption that we know is 
wrong. That is, that lower taxes have a zero effect, and honest people 
can differ about how big the effect of any given measure might be, but 
the answer we know is wrong is the one we use. And I am hopeful that 
some progress will be made.''
  This is not a criticism of the committee or its staff. Instead, it is 
a criticism of the process that we as Members of Congress have allowed 
to develop over the years to ensure that we do not get the most 
comprehensive revenue estimates.
  Fundamental reform to the revenue-estimating process which I am 
developing must occur. A reduction in funding to the joint committee 
will only lead to more incomplete estimates.
  Mr. MORAN of Virginia. Mr. Chairman, I yield myself 1 minute, just to 
respond to the distinguished gentleman from Illinois on the Committee 
on Ways and Means. We want the Joint Committee on Taxation to perform 
its legitimate function. We wanted them to get all of the increase they 
asked for. What we wanted to do was simply suspend that increase until 
we get the report the Congress asked for. Chairman Bill Archer asked 
for it 3 years ago. It was due in the year 2000. We keep getting 
newspaper reports about what was in it, but apparently, people do not 
want to reveal what is in it.
  Now, the majority, for some reason that eludes me, wants to help the 
committee avoid this being revealed to the public. It is the public's 
money. Every single taxpayer in America is paying more money because 
some of the wealthiest people who are earning their money in the United 
States are denouncing their citizenship and going overseas to these 
islands so that they do not have to pay their taxes. These no tax 
countries do not have any military, they do not have any 
infrastructure, they do not educate their people, and they live there 
because they can afford to because they are making money in the United 
States off the taxes that the American taxpayer is putting in to enable 
them to have an economy that is the strongest in the world. What 
parasites. They are safe and secure because the other American 
taxpayers are paying for their military that protects them. They make 
lots of money because of the investment other American taxpayers have 
made in America's infrastructure.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 3 minutes to the 
gentleman from California (Mr. Thomas).
  (Mr. THOMAS asked and was given permission to revise and extend his 
remarks.)
  Mr. THOMAS. Mr. Chairman, I take the floor as Chairman of the 
Committee on Ways and Means because the Joint Committee on Taxation is 
a bipartisan, nonpartisan research structure that is shared by both the 
House and the Senate. Some misstatements of fact have been made and I 
want to put it in its proper context.
  If anyone does not think this is not a pure partisan political 
contest, they did not hear the gentleman from Virginia. They have 
decided this now is an issue that they can ride, and of all the people 
to make the statement is the gentleman from Virginia.
  The chairman of the Joint Committee on Taxation is the United States 
Senator from Montana, the Democrat, Senator Baucus. The request that 
was made to release this statement cannot be a former Member of 
Congress; it has to be a current Member of Congress. That request was 
made by the gentleman from New York (Mr. Rangel).
  It has been said that the report has been completed. That simply is 
not true. How in the world could a report about ex-patriots started 
several years ago not be completed? The answer, very simple. The 
primary reason people give up their citizenship is not to pay taxes, 
but, more importantly, not to pay estate or death taxes.
  Somebody may have noticed last year, the United States House of 
Representatives, the United States Senate changed the estate or death 
taxes. That is now the law of the land, a fundamentally different way 
that we are taxing death or estates. The committee had to go back and 
reevaluate the question of who was and who was not going to leave based 
upon a change in the law. It is the Joint Committee on Taxation, and 
the underlying tax structure changed, so they are not going to release 
a document based upon old law; they are going to offer a document on 
new law, and it is just about here.
  So the statements saying it is finished are flat out not true. A 
Democrat asked for it, a Democrat is the chairman of the Joint 
Committee on Taxation, and is it not ironic that it is Democrats who 
are going to punish nonpartisan, bipartisan professionals who they 
argue they are supportive of in terms of working conditions and 
requirements by cutting their money.
  Now, if my colleagues understand it is politics, they understand what 
this amendment is all about. Ironically, it was the gentleman from 
Virginia who offered the motion that was declared out of order, passed 
by a voice vote of the Committee on Appropriations, so the Committee on 
Appropriations knew what it was doing. It was violating the Rules of 
the House in its own measure, and now we are forcing him to offer an 
amendment and exposing the political nature of the amendment.
  Mr. MORAN of Virginia. Mr. Chairman, I yield 2 minutes to the 
gentleman from California (Mr. Stark), a distinguished member of the 
Committee on Ways and Means.
  Mr. STARK. Mr. Chairman, I appreciate the gentleman yielding me this

[[Page H4907]]

time. I was wondering if the distinguished chairman of the Committee on 
Ways and Means would indulge me for an inquiry which might put this to 
rest.
  I must plead that I am not familiar with all of the details; I did 
not read the Forbes article, so I am not sure what is purported to be 
in the report. But it is my understanding that Members of the House and 
certainly members of the committee, which he and I are, have the right 
to go in and look at committee files. Is that the gentleman's 
understanding?
  Mr. THOMAS. Mr. Chairman, will the gentleman yield?
  Mr. STARK. I yield to the gentleman from California.
  Mr. THOMAS. Mr. Chairman, Members have a right to examine files. This 
is a report that is in progress. If the gentleman wishes to try to 
examine a report that is in progress, which clearly would not be 
conclusive, I think we can arrange that, if that is the concern that 
Members have.
  Mr. STARK. Mr. Chairman, I think that if that were the case, and I do 
not know, somebody would have some idea, it is certainly not secret.
  I yield to the gentleman from California (Mr. Thomas).
  Mr. THOMAS. Mr. Chairman, I think the gentleman has an excellent 
idea, and I think, in fact, if the goal is to get to the bottom of 
where the committee is and where it is not, that would solve the 
problem, but to cut the money of these hard-working professionals is 
not the answer.
  Mr. STARK. Mr. Chairman, reclaiming my time, as I say, that may very 
well be the solution to the gentleman's concern, that if Members were 
able to look at wherever the product is, it might satisfy the concerns 
that if there is something secret and untoward being held there, it 
might very well be the solution.
  Mr. THOMAS. Mr. Chairman, if the gentleman will yield further, it is 
a fact that the report is not completed. The argument that it is 
completed is simply not so because of the change in the tax law. But if 
someone wants to look at what is going on, we would assume the proper 
approach would be to ask the people who are involved.
  The current chairman is the chairman of the Finance Committee, Max 
Baucus, I would tell my colleague from California, but I am quite sure 
that we can work it out if somebody really wants to look at the report 
rather than making some kind of a partisan gesture.
  Mr. MORAN of Virginia. Mr. Chairman, as the person that represents 
the Committee on Ways and Means on the Republican side very well knows, 
there are more than 50 provisions in this bill that required a waiver 
of a point of order. This provision did not get that waiver and stands 
out by exception.
  Now, he makes a point about observing the rules. The point is, from 
our perspective, this was an exception to the rule. Why? We had tried 
to work together, Republicans and Democrats; the gentleman from North 
Carolina (Mr. Taylor) and I have worked very well together. The 
gentleman is aware that he is the one that came in and said no, do not 
provide the waiver for this one issue on the study.
  We do not want to punish the Joint Committee on Taxation employees. 
What we wanted to do was provide their entire increase. We are 
providing the base level that is currently funding their employees at 
$6.3 million, but the increase, let us just suspend it so we can get 
the report, because for 3 years, we have not gotten the report.
  I do not know why the gentleman does not want that report, He has the 
ability to get that report. If he was interested in providing 
legislation to stop these people who are denouncing their citizenship 
to avoid taxes, he has the ability to get that legislation. It is only 
the gentleman from New York (Mr. Rangel) that has had to continue 
putting on the pressure to get this information. The American people 
want this information. They deserve to get it.
  Mr. THOMAS. Mr. Chairman, will the gentleman yield?
  Mr. MORAN of Virginia. I will yield every time the gentleman has a 
right to expect me to yield, so I am not yielding, I am going to 
respond to his points.
  He has the opportunity and the responsibility to deal legislatively 
with the millions, tens of millions, probably hundreds of millions of 
dollars that are not being paid in to the American Treasury because 
there are some people, parasites, who will take advantage of our 
economy and take advantage of our military while making all kinds of 
money off the taxpayers' investments.
  The CHAIRMAN. The time of the gentleman from Virginia (Mr. Moran) has 
expired.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 1 minute to the 
gentleman from California (Mr. Thomas).
  Mr. THOMAS. Mr. Chairman, I would agree with the gentleman from 
Virginia on the point that he indicates there are parasites in the 
system and there are people who live off of others' hard-earned money 
by the way in which they conduct themselves.
  I would tell the gentleman the reason we objected to legislating on 
an appropriations bill, which is what the gentleman was trying to do, 
is the gentleman does not let us appropriate on our legislative 
vehicles. So it seems reasonable that if we get to legislate and you 
appropriate, that we do not confuse the two.
  Let me then also say that this report is coming out. If the 
gentleman's concern is getting this report out, the gentleman's report 
is going to be gotten out but, surely, someone would notice the 
fundamental tax change, at least the gentleman often mentions it on the 
floor about how big it is and how sweeping it is, and perhaps we should 
not have done it.

                              {time}  1530

  And here we are not even willing to take it into consideration as a 
reason why the professionals at the Joint Committee on Taxation have to 
go back and completely rewrite the report on expatriation because of 
the principal role of estate taxes.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 1 minute to the 
gentleman from Louisiana (Mr. McCrery).
  Mr. McCRERY. Mr. Chairman, I would say to the gentleman from 
Virginia, I do not disagree with the gentleman's purpose here, but 
there seems to be either some misunderstanding or some misstatement of 
fact by somebody as to the status of the report.
  I think the gentleman from California (Mr. Stark) said it correctly 
when he said that if the report is unfinished, indeed, and it is not a 
matter of somebody withholding a finished product, then maybe we could 
get to the bottom of it by inspecting the product in its current state.
  I was prepared to debate this based on our information from the Joint 
Committee on Taxation that the report is indeed unfinished; that it was 
requested by Mr. Archer, and they began work on it. When Mr. Archer 
left, they stopped work on it. Then the gentleman from New York (Mr. 
Rangel) just a few months ago requested that the report proceed, and 
indeed, they are proceeding. In fact, we are told that the Joint 
Committee on Taxation wrote the gentleman from Virginia (Mr. Moran).
  Mr. Chairman, I would ask that the gentleman withdraw his amendment 
and let us work together to get to the bottom of this. I think there is 
a misunderstanding.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 1 minute to the 
gentleman from Illinois (Mr. Weller).
  Mr. WELLER. Mr. Chairman, I rise in opposition to the amendment of 
the gentleman from Virginia. I consider myself a good friend of the 
gentleman from Virginia (Mr. Moran), but he is wrong by offering this 
amendment today. We all feel we are supporters of our public employees.
  Here is a situation: I, as a member of the Committee on Ways and 
Means, have a request in to the tax staff all the time, and sometimes 
they do not move fast enough, I think, or give me the response that I 
want; but I am not going to threaten their pay raise or threaten to 
take away their money, or to cut the number of staff in the Joint 
Committee on Taxation if they do not give me the result that I want.
  The gentleman from California (Chairman Thomas) and, of course, I 
assume the gentleman from Alabama (Chairman Bachus), would say the same 
thing, the Democrat who is the Chairman of the Joint Committee on 
Taxation says the report is going through the process and we are going 
to receive it.
  But if I am not going to get the answer I want when I request a 
revenue

[[Page H4908]]

estimate on the proposal I have, whether it is to eliminate the 
marriage tax penalty or any other issue, I am not going to threaten the 
staff and threaten to take away their cost-of-living increase.
  That is what this amendment does. If we adopt this amendment, we are 
taking away a cost-of-living increase for public servants, nonpartisan 
public servants.
  I urge a ``no'' vote on this amendment.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 1 minute to the 
gentleman from Florida (Mr. Foley).
  Mr. FOLEY. Mr. Chairman, I rise again in opposition to the Moran 
amendment. It is very creative. In fact, if we did this on everything 
we were unhappy with in this process, not only would we balance the 
budget, we would save the taxpayers billions of dollars.
  Mr. Chairman, we hear there is a discrepancy in the report, but I 
think there has been a genuine effort on behalf of the majority to try 
to work out the time schedule and advance this report. Nobody is hiding 
anything. Nobody is shielding any report. In fact, we all want to see 
this very, very important information.
  But I think, as the gentleman from Illinois just said, to cut 
salaries and budgets and use money as a fulcrum point against hard-
working employees is unreasonable.
  But if it is, in fact, reasonable under the gentleman's amendment, 
let us offer it on every appropriations bill, on every expenditure. In 
fact, let us reduce the spending in government because we are not 
satisfied, totally, with the reports. We could save billions of dollars 
by doing it.
  This is not the appropriate time, not the appropriate place. We will 
get the report, and we will answer the charges. The Joint Committee on 
Taxation needs the funding. They should not have a punitive amendment 
on the floor today.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield myself the 
balance of my time.
  Mr. RYAN of Wisconsin. Mr. Chairman, will the gentleman yield?
  Mr. TAYLOR of North Carolina. I yield to the gentleman from 
Wisconsin.
  Mr. RYAN of Wisconsin. Mr. Chairman, I think there is a 
misunderstanding. This is not about expatriates; it is about whether or 
not we are going to cut the Joint Committee on Taxation, a committee 
that is overworked right now. They take about 4,500 Member requests and 
process them. If we cut this back and deprive them of any cost-of-
living adjustments, which Members of Congress get, we are doing a 
disservice to the revenue-estimating function of this Congress.
  The study is not done yet. There is new tax policy to factor. They 
are going to get the study. We want to see the study. Let us not do 
this amendment and cut this vital funding, because if we do, Congress 
will not be well served in trying to do its job.
  Mr. TAYLOR of North Carolina. Mr. Chairman, reclaiming my time, it is 
unfortunate that this argument has occurred for this bill. I hope we 
can get some reconciliation in the future. But we do not need to cut 
$590,000 for this study and these employees.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Moran).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.


                             Recorded Vote

  Mr. MORAN of Virginia. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 206, 
noes 213, not voting 15, as follows:

                             [Roll No. 320]

                               AYES--206

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Becerra
     Bentsen
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Clay
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Duncan
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Hall (TX)
     Harman
     Hastings (FL)
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lucas (KY)
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shimkus
     Shows
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Wamp
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--213

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Cooksey
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McInnis
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stump
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Upton
     Vitter
     Walden
     Walsh
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--15

     Barrett
     Berkley
     Bonior
     Carson (OK)
     Clayton
     Fossella
     Hooley
     Lowey
     Mascara
     McCarthy (NY)
     McHugh
     McKeon
     Roukema
     Traficant
     Wicker

                              {time}  1601

  Messrs. TOM DAVIS of Virginia, JONES of North Carolina and EHLERS 
changed their vote from ``aye'' to ``no.''
  Messrs. ANDREWS, BLUMENAUER, PETERSON of Minnesota, DELAHUNT, 
HILLIARD, BARCIA, HILLEARY, DUNCAN and HALL of Texas changed their vote 
from ``no'' to ``aye.''
  So the amendment was rejected.

[[Page H4909]]

  The result of the vote was announced as above recorded.
  The CHAIRMAN. The Clerk will read the final lines of the bill.
  The Clerk read as follows:

       This Act may be cited as the ``Legislative Branch 
     Appropriations Act, 2003''.
  The CHAIRMAN. There being no further amendments, under the rule, the 
Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Gillmor) having assumed the chair, Mr. Hansen, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 5121) 
making appropriations for the Legislative Branch for the fiscal year 
ending September 30, 2003, and for other purposes, pursuant to House 
Resolution 489, he reported the bill back to the House.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 365, 
nays 49, not voting 20, as follows:

                             [Roll No. 321]

                               YEAS--365

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berman
     Biggert
     Bilirakis
     Bishop
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Carson (IN)
     Castle
     Chambliss
     Clay
     Clement
     Clyburn
     Coble
     Combest
     Condit
     Conyers
     Cooksey
     Coyne
     Cramer
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dooley
     Doolittle
     Doyle
     Dreier
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Ferguson
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Frank
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Gordon
     Goss
     Granger
     Graves
     Greenwood
     Grucci
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Honda
     Horn
     Hostettler
     Houghton
     Hoyer
     Hunter
     Hyde
     Inslee
     Isakson
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick
     King (NY)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lucas (OK)
     Lynch
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Matsui
     McCarthy (MO)
     McCollum
     McCrery
     McDermott
     McGovern
     McInnis
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller, Dan
     Miller, Gary
     Miller, George
     Mink
     Mollohan
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Pitts
     Platts
     Pombo
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Rush
     Ryun (KS)
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott
     Serrano
     Sessions
     Shaw
     Sherman
     Sherwood
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stenholm
     Strickland
     Stump
     Stupak
     Sullivan
     Sununu
     Sweeney
     Tanner
     Tauscher
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watson (CA)
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--49

     Barr
     Bartlett
     Berry
     Blagojevich
     Chabot
     Collins
     Costello
     Cox
     Crane
     Deal
     Doggett
     Duncan
     Everett
     Flake
     Goode
     Goodlatte
     Green (TX)
     Green (WI)
     Hefley
     Holt
     Hulshof
     Israel
     Kennedy (MN)
     Kerns
     Kind (WI)
     Lucas (KY)
     Luther
     Matheson
     Miller, Jeff
     Moore
     Moran (KS)
     Norwood
     Paul
     Petri
     Phelps
     Pickering
     Roemer
     Royce
     Ryan (WI)
     Schaffer
     Sensenbrenner
     Shadegg
     Shays
     Shimkus
     Stearns
     Tancredo
     Taylor (MS)
     Toomey
     Turner

                             NOT VOTING--20

     Barrett
     Berkley
     Bonior
     Carson (OK)
     Clayton
     Dunn
     Fossella
     Graham
     Hastings (FL)
     Hooley
     Lampson
     Lowey
     Mascara
     McCarthy (NY)
     McHugh
     Pomeroy
     Roukema
     Traficant
     Waters
     Wicker

                              {time}  1821

  Mr. EVERETT and Mr. BARTLETT of Maryland changed their vote from 
``yea'' to ``nay.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. POMEROY. Mr. Speaker, on rollcall No. 321, final passage of H.R. 
5121, Legislative Branch Appropriations for Fiscal Year 2003, I was 
absent due to a meeting with a constituent.
  Had I been present, I would have voted ``yea''.
  Mr. LAMPSON. Mr. Speaker, on July 18, 2002, I missed rollcall vote 
No. 321. Had I been able to record my vote, I would have voted ``yea'' 
on rollcall vote No. 321.

                          ____________________