[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.
____________________