2000
[DOCID: f:h2647eh.txt]
107th CONGRESS
1st Session
H. R. 2647
_______________________________________________________________________
AN ACT
Making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Legislative Branch for the
fiscal year ending September 30, 2002, and for other purposes, namely:
TITLE I--CONGRESSIONAL OPERATIONS
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$882,100,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law, $15,910,000,
including: Office of the Speaker, $1,866,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$1,830,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $2,224,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,562,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$1,168,000, including $5,000 for official expenses of the Minority
Whip; Speaker's Office for Legislative Floor Activities, $431,000;
Republican Steering Committee, $806,000; Republican Conference,
$1,342,000; Democratic Steering and Policy Committee, $1,435,000;
Democratic Caucus, $713,000; nine minority employees, $1,293,000;
training and program development--majority, $290,000; training and
program development--minority, $290,000; and Cloakroom Personnel--
majority, $330,000; and minority $330,000.
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, $479,472,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $104,514,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2002.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$23,002,000, 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, 2002.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $101,766,000, including: for salaries and expenses
of the Office of the Clerk, including not more than $11,000, of which
not more than $10,000 is for the Family Room, for official
representation and reception expenses, $15,408,000; for salaries and
expenses of the Office of the Sergeant at Arms, including the position
of Superintendent of Garages, and including not more than $750 for
official representation and reception expenses, $4,139,000; for
salaries and expenses of the Office of the Chief Administrative
Officer, $67,495,000, of which $3,525,000 shall remain available until
expended, including $31,510,000 for salaries, expenses and temporary
personal services of House Information Resources, of which $31,390,000
is provided herein: Provided, That of the amount provided for House
Information Resources, $8,656,000 shall be for net expenses of
telecommunications: Provided further, That House Information Resources
is authorized to receive reimbursement from Members of the House of
Representatives and other governmental entities for services provided
and such reimbursement shall be deposited in the Treasury for credit to
this account; for salaries and expenses of the Office of the Inspector
General, $3,756,000; for salaries and expenses of the Office of General
Counsel, $894,000; for the Office of the Chaplain, $144,000; for
salaries and expenses of the Office of the Parliamentarian, including
the Parliamentarian and $2,000 for preparing the Digest of Rules,
$1,344,000; for salaries and expenses of the Office of the Law Revision
Counsel of the House, $2,107,000; for salaries and expenses of the
Office of the Legislative Counsel of the House, $5,456,000; for
salaries and expenses of the Corrections Calendar Office, $883,000; and
for other authorized employees, $140,000.
allowances and expenses
For allowances and expenses as authorized by House resolution or
law, $157,436,000, including: supplies, materials, administrative costs
and Federal tort claims, $3,379,000; 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, $152,957,000; 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) Effective October 1, 2001, the following four
majority positions shall be transferred from the Clerk to the Speaker:
(1) The position of chief of floor service.
(2) Two positions of assistant floor chief.
(3) One position of cloakroom attendant.
(b) Effective October 1, 2001, the following four minority
positions shall be transferred from the Clerk to the minority leader:
(1) The position of chief of floor service.
(2) Two positions of assistant floor chief.
(3) One position of cloakroom attendant.
(c) Each individual who is an incumbent of a position transferred
by subsection (a) or subsection (b) at the time of the transfer shall
remain subject to the House Employees Position Classification Act (2
U.S.C. 290 et seq.), except that the authority of the Clerk and the
committee under the Act shall be exercised--
(1) by the Speaker, in the case of an individual in a
position transferred under subsection (a); and
(2) by the minority leader, in the case of an individual in
a position transferred under subsection (b).
Sec. 102. (a) The third sentence of section 104(a)(1) of the
Legislative Branch Appropriations Act, 1987 (as incorporated by
reference in section 101(j) of Public Law 99-500 and Public Law 99-591)
(2 U.S.C. 117e(1)) is amended by striking ``for credit to the
appropriate account'' and all that follows and inserting the following:
``for credit to the appropriate account of the House of
Representatives, and shall be available for expenditure in accordance
with applicable law. For purposes of the previous sentence, in the case
of receipts from th
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e sale or disposal of any audio or video transcripts
prepared by the House Recording Studio, the `appropriate account of the
House of Representatives' shall be the account of the Chief
Administrative Officer of the House of Representatives.''.
(b) The amendment made by subsection (a) shall apply with respect
to fiscal year 2002 and each succeeding fiscal year.
Sec. 103. (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 2002. Any amount
remaining after all payments are made under such allowances for fiscal
year 2002 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. 104. (a) Day for Paying Salaries of the House of
Representatives.--The usual day for paying salaries in or under the
House of Representatives shall be the last day of each month, except
that if the last day of a month falls on a Saturday, Sunday, or a legal
public holiday, the Chief Administrative Officer of the House of
Representatives shall pay such salaries on the first weekday which
precedes the last day.
(b) Conforming Amendment.--(1) The first section and section 2 of
the Joint Resolution entitled ``Joint resolution authorizing the
payment of salaries of the officers and employees of Congress for
December on the 20th day of that month each year'', approved May 21,
1937 (2 U.S.C. 60d and 60e), are each repealed.
(2) The last paragraph under the heading ``Contingent Expense of
the House'' in the First Deficiency Appropriation Act, 1946 (2 U.S.C.
60e-1), is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall apply with respect to pay periods beginning after the
expiration of the 1-year period which begins on the date of the
enactment of this Act.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$3,424,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$6,733,000, to be disbursed by the Chief Administrative Officer of the
House.
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 $1,500 per month to the Attending
Physician; (2) an allowance of $500 per month each to three medical
officers while on duty in the Office of the Attending Physician; (3) an
allowance of $500 per month to two assistants and $400 per month each
not to exceed 11 assistants on the basis heretofore provided for such
assistants; and (4) $1,253,904 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, $1,865,000, to be disbursed by
the Chief Administrative Officer of the House of Representatives.
Capitol Police Board
Capitol Police
salaries
For the Capitol Police Board for salaries of officers, members, and
employees of the Capitol Police, including overtime, hazardous duty pay
differential, clothing allowance of not more than $600 each for members
required to wear civilian attire, and Government contributions for
health, retirement, Social Security, and other applicable employee
benefits, $112,592,000, of which $55,013,000 is provided to the
Sergeant at Arms of the House of Representatives, to be disbursed by
the Chief of the Capitol Police or the Chief's delegee, and $57,579,000
is provided to the Sergeant at Arms and Doorkeeper of the Senate, to be
disbursed by the Secretary of the Senate: Provided, That, of the
amounts appropriated under this heading, such amounts as may be
necessary may be transferred between the Sergeant at Arms of the House
of Representatives and the Sergeant at Arms and Doorkeeper of the
Senate, upon approval of the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations of the Senate.
general expenses
For the Capitol Police Board for necessary expenses of the Capitol
Police, including motor vehicles, communications and other equipment,
security equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services, stenographic
services, personal and professional services, the employee assistance
program, not more than $2,000 for the awards program, postage,
telephone service, travel advances, relocation of instructor and
liaison personnel for the Federal Law Enforcement Training Center, and
$85 per month for extra services performed for the Capitol Police Board
by an employee of the Sergeant at Arms and Doorkeeper of the Senate or
the Sergeant at Arms of the House of Representatives designated by the
Chairman of the Board, $11,081,000, to be disbursed by the Chief of the
Capitol Police or the Chief's delegee: Provided, That, notwithstanding
any other provision of law, the cost of basic training for the Capitol
Police at the Federal Law Enforcement Training Center for fiscal year
2002 shall be paid by the Secretary of the Treasury from funds
available to the Department of the Treasury.
Administrative Provisions
Sec. 105. Amounts appropriated for fiscal year 2002 for the Capitol
Police may be transferred between the headings ``salaries'' and
``general expenses'' upon the approval of--
(1) the Committee on Appropriations of the House of
Representatives, in the case of amounts transferred from the
appropriation provided to the Sergeant at Arms of the House of
Representatives under the heading ``salaries'';
(2) the Committee on Appropriations of the Senate, in the
case of amounts transferred from the appropriation provided to
the Sergeant at Arms and Doorkeeper of the Senate under the
heading ``salaries''; and
(3) the Committees on Appropriations of the Senate and the
House of Representatives, in the case of other transfers.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and Special
Services Office, $2,512,000, to be disbursed by the Secretary of the
Senate: Provided, That no part of such amount may be used to employ
more than 43 individuals: Provided further, That the Capitol Guide
Board is authorized, during emergencies, to employ not more than two
additional individuals for not more than 120 days each, and not more
than 10 additional individuals for not more than 6 months each, for the
Capitol Guide Service.
Statements of Appropriations
For the preparation, under the direction of the Committees on
Appropriations of the Senate and the House of Representatives, of the
statements for the first se
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ssion 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.
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, 2003.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary to carry out the provisions of
the Congressional Budget Act of 1974 (Public Law 93-344), 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, $30,780,000: Provided, That no
part of such amount may be used for the purchase or hire of a passenger
motor vehicle.
Administrative Provisions
Sec. 106. (a) The Director of the Congressional Budget Office may,
by regulation, make applicable such provisions of chapter 41 of title
5, United States Code, as the Director determines necessary to provide
hereafter for training of individuals employed by the Congressional
Budget Office.
(b) The implementing regulations shall provide for training that,
in the determination of the Director, is consistent with the training
provided by agencies subject to chapter 41 of title 5, United States
Code.
(c) Any recovery of debt owed to the Congressional Budget Office
under this section and its implementing regulations shall be credited
to the appropriations account available for salaries and expenses of
the Office at the time of recovery.
Sec. 107. Section 105(a) of the Legislative Branch Appropriations
Act, 1997 (2 U.S.C. 606(a)), is amended by striking ``or discarding.''
and inserting ``sale, trade-in, or discarding.'', and by adding at the
end the following: ``Amounts received for the sale or trade-in of
personal property shall be credited to funds available for the
operations of the Congressional Budget Office and be available for the
costs of acquiring the same or similar property. Such funds shall be
available for such purposes during the fiscal year in which received
and the following fiscal year.''.
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
general and 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 $1,000 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; and not to exceed $30,000 for attendance, when
specifically authorized by the Architect of the Capitol, at meetings or
conventions in connection with subjects related to work under the
Architect of the Capitol, $46,705,000, of which $3,414,000 shall remain
available until expended.
minor construction
For minor construction (as established under section 108 of this
Act), $9,482,000, to remain available until expended, to be used in
accordance with the terms and conditions described in such section.
capitol buildings
For all necessary expenses for the maintenance, care and operation
of the Capitol $17,674,000, of which $6,267,000 shall remain available
until expended.
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, $6,904,000, of which $100,000 shall remain
available until expended.
house office buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $49,006,000, of which $18,344,000 shall
remain available until expended.
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, $45,324,000, of which $100,000 shall remain available
until expended: 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 2002.
administrative provisions
Sec. 108. (a) Establishment of Account for Minor Construction.--
There is hereby established in the Treasury of the United States an
account for the Architect of the Capitol to be known as ``minor
construction'' (hereafter in this section referred to as the
``account'').
(b) Uses of Funds in Account.--Subject to subsection (c), funds in
the account shall be used by the Architect of the Capitol for land and
building acquisition, construction, repair, and alteration projects
resulting from unforeseen and unplanned conditions in connection with
construction and maintenance activities under the jurisdiction of the
Architect (including the United States Botanic Garden).
(c) Prior Notification Required for Obligation.--The Architect of
the Capitol may not obligate any funds in the account with respect to a
project unless, not fewer than 21 days prior to the obligation, the
Architect provides notice of the obligation to--
(1) the Committee on Appropriations of the House of
Representatives, in the case of a project on behalf of the
House of Representatives;
(2) the Committee on Appropriations of the Senate, in the
case of a project on behalf of the Senate; or
(3) both the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate, in the case of any other project.
(d) Effective Date.--This section shall apply with respect to
fiscal year 2002 and each succeeding fiscal year.
Sec. 109. (a) Acquisition of Property by Architect of the
Capitol.--Notwithstanding any other provision of law, the Architect of
the Capitol is authorized to secure, subject to the availability of
appropriated funds (through such agreement as the Architect considers
appropriate), the property and facilities located at 67 K Street
Southwest in the District of Columbia (square 645, lot 814).
(b) Uses and Control of Property.--
(1) In general.--The propert
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y and facilities secured by the
Architect under subsection (a) shall be under the control of
the Chief of the United States Capitol Police and shall be used
by the Chief for the care and maintenance of vehicles of the
United States Capitol Police, in accordance with a plan
prepared by the Chief and approved by the Committees on
Appropriations of the House of Representatives and Senate.
(2) Additional uses permitted.--In addition to the use
described in paragraph (1), the Chief of the United States
Capitol Police may permit the property and facilities secured
by the Architect under subsection (a) to be used for other
purposes by the United States Capitol Police, the House of
Representatives, the Senate, and the Architect of the Capitol,
subject to--
(A) the approval of the Committee on Appropriations
of the House of Representatives, in the case of use by
the House of Representatives;
(B) the approval of the Committee on Appropriations
of the Senate, in the case of use by the Senate; or
(C) the approval of both the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate, in the case
of use by the United States Capitol Police or the
Architect of the Capitol.
(c) Expenses.--
(1) In general.--The Architect of the Capitol shall be
responsible for the costs of the necessary expenses incidental
to the use of the property and facilities described in
subsection (a) (including payments under the lease), including
expenses for maintenance, alterations, and repair of the
property and facilities, except that the Chief of the United
States Capitol Police shall be responsible for the costs of any
equipment, furniture, and furnishings used in connection with
the care and maintenance of vehicles pursuant to subsection
(b)(1).
(2) Source of funds.--
(A) In general.--The funds expended by the
Architect to carry out paragraph (1) in any fiscal year
shall be derived solely from funds appropriated to the
Architect for the fiscal year for purposes of the
United States Capitol Police.
(B) Use of certain 1999 funds.--The funds expended
by the Architect to carry out paragraph (1) may also be
derived from funds appropriated to the Architect in the
Legislative Branch Appropriations Act, 1999, under the
heading ``ARCHITECT OF THE CAPITOL--Capitol Buildings
and Grounds--capitol buildings--salaries and expenses''
for the design of police security projects, which shall
remain available until expended.
(d) Effective Date.--This section shall take effect on the date of
enactment of this Act.
Sec. 110. (a) Compensation of Certain Positions in the Office of
the Architect of the Capitol.--In accordance with the authority
described in section 308(a) of the Legislative Branch Appropriations
Act, 1988 (40 U.S.C. 166b-3a(a)), section 108 of the Legislative Branch
Appropriations Act, 1991 (40 U.S.C. 166b-3b) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) The Architect of the Capitol may fix the rate of basic pay
for not more than 11 positions (of whom 1 shall be the project manager
for the Capitol Visitor Center and 1 shall be the project manager for
the modification of the Capitol Power Plant) at a rate not to exceed
the highest total rate of pay for the Senior Executive Service under
subchapter VIII of chapter 53 of title 5, United States Code, for the
locality involved.''; and
(2) by redesignating subsection (c) as subsection (b).
(b) Comprehensive Management Study and Response.--
(1) Study by comptroller general.--The Comptroller General
shall conduct a comprehensive management study of the
operations of the Architect of the Capitol, and shall submit
the study to the Architect of the Capitol and the Committees on
Appropriations of the House of Representatives and Senate.
(2) Plan by architect in response.--The Architect of the
Capitol shall develop and submit to the Committees referred to
in paragraph (1) a management improvement plan which addresses
the study of the Comptroller General under paragraph (1) and
which indicates how the salary adjustments made by the
amendments made by this section will support such plan.
(c) Effective Date.--This section (other than subsection (b)) and
the amendments made by this section shall apply with respect to pay
periods beginning on or after the date on which the Committees on
Appropriations of the House of Representatives and Senate approve the
plan submitted by the Architect of the Capitol under subsection (b)(2).
Sec. 111. (a) Liquidated Damages.--The Architect of the Capitol may
not enter into or administer any construction contract with a value
greater than $50,000 unless the contract includes a provision requiring
the payment of liquidated damages in the amount determined under
subsection (b) in the event that completion of the project is delayed
because of the contractor.
(b) Amount of Payment.--The amount of payment required under a
liquidated damages provision described in subsection (a) shall be equal
to the product of--
(1) the daily liquidated damage payment rate; and
(2) the number of days by which the completion of the
project is delayed.
(c) Daily Liquidated Damage Payment Rate.--
(1) In general.--In subsection (b), the ``daily liquidated
damage payment rate'' means--
(A) $140, in the case of a contract with a value
greater than $50,000 and less than $100,000;
(B) $200, in the case of a contract with a value
equal to or greater than $100,000 and equal to or less
than $500,000; and
(C) the sum of $200 plus $50 for each $100,000
increment by which the value of the contract exceeds
$500,000, in the case of a contract with a value
greater than $500,000.
(2) Adjustment in rate permitted.--Notwithstanding
paragraph (1), the daily liquidated damage payment rate may be
adjusted by the contracting officer involved to a rate greater
or lesser than the rate described in such paragraph if the
contracting officer makes a written determination that the rate
described does not accurately reflect the anticipated damages
which will be suffered by the United States as a result of the
delay in the completion of the contract.
(d) Effective Date.--This section shall apply with respect to
contracts entered into during fiscal year 2002 or any succeeding fiscal
year.
Sec. 112. (a) Notwithstanding any other provision of law, the
Architect of the Capitol may not reprogram any funds with respect to
any project or object class without the approval of--
(1) the Committee on Appropriations of the House of
Representatives, in the case of a project or object class
within the House of Representatives;
(2) the Committee on Appropriations of the Senate, in the
case of a project or object class within the Senate; or
(3) both the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate, in the case of any other project or object class.
(b) This section shall apply with respect to funds provided to the
Architect of the Ca
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pitol before, on, or after the date of the enactment
of this Act.
Sec. 113. (a) Limitation.--(1) Except as provided in paragraph (2),
none of the funds provided by this Act or any other Act may be used by
the Architect of the Capitol during fiscal year 2002 or any succeeding
fiscal year to employ any individual as a temporary employee within a
category of temporary employment which does not provide employees with
the same eligibility for life insurance, health insurance, retirement,
and other benefits which is provided to temporary employees who are
hired for a period exceeding 1 year in length.
(2) Paragraph (1) shall not apply with respect to any individual
who is a temporary employee of the Senate Restaurant or a temporary
employee who is hired for a total of 120 days or less during any 5-year
period.
(b) Allotment and Assignment of Pay.--(1) Section 5525 of title 5,
United States Code, is amended by adding at the end the following new
sentence: ``For purposes of this section, the term `agency' includes
the Office of the Architect of the Capitol.''.
(2) The amendment made by paragraph (1) shall apply with respect to
pay periods beginning on or after the date of the enactment of this
Act.
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, $81,454,000: 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 (44 U.S.C. 902); 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, $81,000,000: 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 44 U.S.C. 906: 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, 2002''.
TITLE II--OTHER AGENCIES
BOTANIC GARDEN
Salaries and Expenses
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $5,946,000: Provided, That this
appropriation shall not be available for any activities of the National
Garden: Provided further, That not more than $25,000 of the amount
appropriated under this heading is available for official reception and
representation expenses in connection with the opening of the renovated
Botanic Garden Conservatory, upon approval by the Speaker of the House
of Representatives and the President Pro Tempore of the Senate.
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, $304,692,000, of which
not more than $6,500,000 shall be derived from collections credited to
this appropriation during fiscal year 2002, 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 2002 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,
$15,824,474 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, $1,517,903 is to 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, $5,600,000 is to 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.
Copyright Office
salaries and expenses
For necessary expenses of the Copyright Office, $40,896,000, of
which not more than $21,880,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2002 under 17 U
2000
.S.C. 708(d): Provided, That the Copyright
Office may not obligate or expend any funds derived from collections
under 17 U.S.C. 708(d), in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided further,
That not more than $5,984,000 shall be derived from collections during
fiscal year 2002 under 17 U.S.C. 111(d)(2), 119(b)(2), 802(h), and
1005: Provided further, That the total amount available for obligation
shall be reduced by the amount by which collections are less than
$27,864,000: 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), $49,788,000, of which
$14,437,000 shall remain available until expended.
Furniture and Furnishings
For necessary expenses for the purchase, installation, maintenance,
and repair of furniture, furnishings, office and library equipment,
$7,932,000.
Administrative Provisions
Sec. 201. Appropriations in this Act available to the Library of
Congress shall be available, in an amount of not more than $203,560, of
which $60,486 is for the Congressional Research Service, when
specifically authorized by the Librarian of Congress, for attendance at
meetings concerned with the function or activity for which the
appropriation is made.
Sec. 202. (a) No part of the funds appropriated in this Act shall
be used by the Library of Congress to administer any flexible or
compressed work schedule which--
(1) applies to any manager or supervisor in a position the
grade or level of which is equal to or higher than GS-15; and
(2) grants such manager or supervisor the right to not be
at work for all or a portion of a workday because of time
worked by the manager or supervisor on another workday.
(b) For purposes of this section, the term ``manager or
supervisor'' means any management official or supervisor, as such terms
are defined in section 7103(a)(10) and (11) of title 5, United States
Code.
Sec. 203. Appropriated funds received by the Library of Congress
from other Federal agencies to cover general and administrative
overhead costs generated by performing reimbursable work for other
agencies under the authority of sections 1535 and 1536 of title 31,
United States Code, shall not be used to employ more than 65 employees
and may be expended or obligated--
(1) in the case of a reimbursement, only to such extent or
in such amounts as are provided in appropriations Acts; or
(2) in the case of an advance payment, only--
(A) to pay for such general or administrative
overhead costs as are attributable to the work
performed for such agency; or
(B) to such extent or in such amounts as are
provided in appropriations Acts, with respect to any
purpose not allowable under subparagraph (A).
Sec. 204. 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. 205. Of the amount appropriated to the Library of Congress in
this Act, 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.
Sec. 206. (a) For fiscal year 2002, the obligational authority of
the Library of Congress for the activities described in subsection (b)
may not exceed $114,473,000.
(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 2002, 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. 207. Section 101 of the Library of Congress Fiscal Operations
Improvement Act of 2000 (Public Law 106-481; 2 U.S.C. 182a) is
amended--
(1) in the heading, by striking ``AUDIO AND VIDEO''; and
(2) in subsection (a), by striking ``audio and video''.
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,
$22,252,000, of which $8,918,000 shall remain available until expended.
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, $29,639,000: Provided, That
travel expenses, including travel expenses of the Depository Library
Council to the Public Printer, shall not exceed $175,000: Provided
further, 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 2000 and
2001 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 purchase of not more than 12 passenger motor vehicles: Provided
further, That expenditures in connection with tra
2000
vel 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 3,260 workyears (or such other number of workyears as the Public
Printer may request, subject to the approval of the Committees on
Appropriations of the Senate and the House of Representatives):
Provided further, That activities financed through the revolving fund
may provide information in any format: Provided further, That the
revolving fund shall not be used to administer any flexible or
compressed work schedule which applies to any manager or supervisor in
a position the grade or level of which is equal to or higher than GS-
15: Provided further, That expenses for attendance at meetings shall
not exceed $75,000.
Administrative Provision
extension of early retirement and voluntary separation incentive
payments for gpo
Sec. 208. (a) Section 309 of the Legislative Branch Appropriations
Act, 1999 (44 U.S.C. 305 note), is amended--
(1) in subsection (b)(1)(A), by striking ``October 1,
2001'' and inserting ``October 1, 2004''; and
(2) in subsection (c)(2), by striking ``September 30,
2001'' and inserting ``September 30, 2004''.
(b) The amendments made by this section shall take effect as if
included in the enactment of the Legislative Branch Appropriations Act,
1999.
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, $421,844,000: Provided, That not
more than $1,751,000 of payments received under section 782 of title
31, United States Code, shall be available for use in fiscal year 2002:
Provided further, That not more than $750,000 of reimbursements
received under section 9105 of title 31, United States Code, shall be
available for use in fiscal year 2002: 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.
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 2002 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 Senate and House
of Representatives, and clerk hire for Senators and Members of the
House of Representatives shall be the permanent law with respect
thereto.
Sec. 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. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) If it has been finally determined by a court or Federal agency
that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, such person shall be ineligible to receive any contract
or subcontract made with funds provided pursuant to this Act, pursuant
to the debarment, suspension, and ineligibility procedures described in
section 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 306. Such sums as may be necessary are appropriated to the
account described in subsection (a) of section 415 of Public Law 104-1
to pay awards and settlements as authorized under such subsection.
Sec. 307. 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 $252,000.
Sec. 308. (a) Section 5596(a) of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
insertin
a7a
g a semicolon; and
(3) by adding at the end the following new paragraphs:
``(6) the Architect of the Capitol; and
``(7) the United States Botanic Garden.''.
(b) The amendment made by subsection (a) shall apply with respect
to personnel actions taken on or after the date of the enactment of
this Act.
Sec. 309. Section 4(b) of the House Employees Position
Classification Act (2 U.S.C. 293(b)) is amended by adding at the end
the following: ``Notwithstanding any other provision of this Act, for
purposes of applying the adjustment made by the committee under this
subsection for 2002 and each succeeding year, positions under the Chief
Administrative Officer shall include positions of the United States
Capitol telephone exchange under the Chief Administrative Officer.''.
Sec. 310. 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. 311. Of the amounts made available in this Act for the Chief
Administrative Officer of the House of Representatives and the amounts
made available in this Act for the Architect of the Capitol for the
item relating to ``house office buildings'', an aggregate amount of
$75,000 shall be made available for the installation of compact
fluorescent light bulbs in table, floor, and desk lamps in House office
buildings for offices of the House which request them (including any
retrofitting of the lamps which may be necessary to install such
bulbs), consistent with the energy conservation plan of the Architect
under section 310 of the Legislative Branch Appropriations Act, 1999.
Sec. 312. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
This Act may be cited as the ``Legislative Branch Appropriations
Act, 2002''.
Passed the House of Representatives July 31, 2001.
Attest:
Clerk.
107th CONGRESS
1st Session
H. R. 2647
_______________________________________________________________________
AN ACT
Making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2002, and for other purposes.
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