H.R. 2647 (107th): Legislative Branch Appropriations Act, 2002

107th Congress, 2001–2002. Text as of Jul 26, 2001 (Reported by House Committee).

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HR 2647 RH

Union Calendar No. 100

107th CONGRESS

1st Session

H. R. 2647

[Report No. 107-169]

Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2002, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 26, 2001

Mr. TAYLOR, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed


A BILL

Making appropriations for the Legislative Branch for the fiscal year ending September 30, 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 the 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 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.

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 property 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 Capitol 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 one 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.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 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 3,260 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 inserting 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.

    This Act may be cited as the ‘Legislative Branch Appropriations Act, 2002’.

Union Calendar No. 100

107th CONGRESS

1st Session

H. R. 2647

[Report No. 107-169]

A BILL

Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2002, and for other purposes.


July 26, 2001

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed