H.R.4755 - Legislative Branch Appropriations Act, 2005108th Congress (2003-2004)
Bill
Hide Overview| Sponsor: | Rep. Kingston, Jack [R-GA-1] (Introduced 07/01/2004) |
|---|---|
| Committees: | House - Appropriations | Senate - Appropriations |
| Committee Reports: | H. Rept. 108-577 |
| Latest Action: | Senate - 09/21/2004 Ordered held at desk. as if a House message pursuant to the order of September 15, 2004, . (All Actions) |
| Roll Call Votes: | There have been 5 roll call votes |
| Notes: | Legislative Branch appropriations are Division G in the H.R. 4818 conference report. H.R. 4818, the Consolidated Appropriations Act, 2005, became Public Law 108-447 on 12/8/2004. |
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Text: H.R.4755 — 108th Congress (2003-2004)All Information (Except Text)
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Engrossed Amendment Senate (09/21/2004)
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 4755 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 21, 2004.
Resolved, That the bill from the House of Representatives (H.R.
4755) entitled ``An Act making appropriations for the Legislative
Branch for the fiscal year ending September 30, 2005, and for other
purposes.'', do pass with the following
AMENDMENTS:
(1)Page 2, after line 5, insert the following:
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $20,000; Majority Leader of the
Senate, $20,000; Minority Leader of the Senate, $20,000; Majority Whip
of the Senate, $10,000; Minority Whip of the Senate, $10,000; President
Pro Tempore emeritus, $7,500; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $5,000 for each Chairman; in
all, $127,500.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized
by law, including agency contributions, $134,440,000, which shall be
paid from this appropriation without regard to the following
limitations:
office of the vice president
For the Office of the Vice President, $2,108,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $561,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore emeritus, $163,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $3,408,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $2,556,000.
committee on appropriations
For salaries of the Committee on Appropriations, $13,301,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,413,000 for each such committee; in all, $2,826,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $702,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,473,000 for each such committee; in all,
$2,946,000.
office of the chaplain
For Office of the Chaplain, $341,000.
office of the secretary
For Office of the Secretary, $19,586,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $50,635,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,528,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $33,779,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $5,152,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,265,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $6,000;
Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary for
the Majority of the Senate, $6,000; Secretary for the Minority of the
Senate, $6,000; in all, $24,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under section 134(a) of the Legislative Reorganization Act
of 1946 (Public Law 97-601), section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304), and Senate
Resolution 281, 96th Congress, agreed to March 11, 1980, $110,000,000.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on International
Narcotics Control, $520,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$1,700,000.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper
of the Senate, $127,182,000, of which $20,045,000 shall remain
available until September 30, 2007, and of which $4,255,000 shall
remain available until September 30, 2009.
miscellaneous items
For miscellaneous items, $18,326,000, of which up to $500,000 shall
be made available for a pilot program for mailings of postal patron
postcards by Senators for the purpose of providing notice of a town
meeting by a Senator in a county (or equivalent unit of local
government) at which the Senator will personally attend: Provided, That
any amount allocated to a Senator for such mailing shall not exceed 50
percent of the cost of the mailing and the remaining cost shall be paid
by the Senator from other funds available to the Senator.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$326,000,000.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
administrative provisions
Sec. 1. Gross Rate of Compensation in Offices of Senators.
Effective on and after October 1, 2004, each of the dollar amounts
contained in the table under section 105(d)(1)(A) of the Legislative
Branch Appropriations Act, 1968 (2 U.S.C. 61-1(d)(1)(A)) shall be
deemed to be the dollar amounts in that table, as adjusted by law and
in effect on September 30, 2004, increased by an additional $50,000
each.
Sec. 2. Consultants. With respect to fiscal year 2005, the first
sentence of section 101(a) of the Supplemental Appropriations Act, 1977
(2 U.S.C. 61h-6(a)) shall be applied by substituting ``nine individual
consultants'' for ``eight individual consultants''.
Sec. 3. United States Senate Collection. Section 316 of Public Law
101-302 (2 U.S.C. 2107) is amended in the first sentence of subsection
(a) by striking ``2004'' and inserting ``2005''.
Sec. 4. President Pro Tempore Emeritus of the Senate. Section 7(e)
of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note)
is amended by inserting ``and the 109th Congress'' after ``108th
Congress''.
Sec. 5. Transfer of Funds From Appropriations Account of the Office
of the Vice President and the Offices of the Secretaries for the
Majority and Minority to the Senate Contingent Fund. (a) Office of the
Vice President.--
(1) In general.--Upon the written request of the Vice
President, the Secretary of the Senate shall transfer from the
appropriations account appropriated under the subheading
``office of the vice president'' under the heading ``Salaries,
Officers and Employees'' such amount as the Vice President
shall specify to the appropriations account under the heading
`` miscellaneous items'' within the contingent fund of the
Senate.
(2) Authority to incur expenses.--The Vice President may
incur such expenses as may be necessary or appropriate.
Expenses incurred by the Vice President shall be paid from the
amount transferred under paragraph (1) by the Vice President
and upon vouchers approved by the Vice President.
(3) Authority to advance sums.--The Secretary of the Senate
may advance such sums as may be necessary to defray expenses
incurred in carrying out paragraphs (1) and (2).
(b) Offices of the Secretaries for the Majority and Minority.--
(1) In general.--Upon the written request of the Secretary
for the Majority or the Secretary for the Minority, the
Secretary of the Senate shall transfer from the appropriations
account appropriated under the subheading ``offices of the
secretaries for the majority and minority'' under the heading
``Salaries, Officers and Employees'' such amount as the
Secretary for the Majority or the Secretary for the Minority
shall specify to the appropriations account under the heading
``miscellaneous items'' within the contingent fund of the
Senate.
(2) Authority to incur expenses.--The Secretary for the
Majority or the Secretary for the Minority may incur such
expenses as may be necessary or appropriate. Expenses incurred
by the Secretary for the Majority or the Secretary for the
Minority shall be paid from the amount transferred under
paragraph (1) by the Secretary for the Majority or the
Secretary for the Minority and upon vouchers approved by the
Secretary for the Majority or the Secretary for the Minority,
as applicable.
(3) Authority to advance sums.--The Secretary of the Senate
may advance such sums as may be necessary to defray expenses
incurred in carrying out paragraphs (1) and (2).
(c) Effective Date.--This section shall apply to fiscal year 2005
and each fiscal year thereafter.
Sec. 6. Activities Relating to Foreign Parliamentary Groups and
Foreign Officials. Section 2(c) of chapter VIII of title I of the
Supplemental Appropriations Act, 1987 (2 U.S.C. 65f(c)) is amended in
the first sentence by striking ``with the approval of'' and inserting
``and upon notification to''.
Sec. 7. Transportation of Official Records and Papers to a
Senator's State. (a) Payment of Reasonable Transportation Expenses.--
Upon request of a Senator, amounts in the appropriation account
``Miscellaneous Items'' within the contingent fund of the Senate shall
be available to pay the reasonable expenses of sending or transporting
the official records and papers of the Senator from the District of
Columbia to any location designated by such Senator in the State
represented by the Senator.
(b) Sending and Transportation.--The Sergeant at Arms and
Doorkeeper of the Senate shall provide for the most economical means of
sending or transporting the official records and papers under this
section while ensuring the orderly and timely delivery of the records
and papers to the location specified by the Senator.
(c) Oversight.--The Committee on Rules and Administration shall
have the authority to issue rules and regulations to carry out the
provisions of this section.
(d) Official Records Defined.--In this section, the term ``official
records and papers'' means books, records, papers, and official files
which could be sent as franked mail.
(e) Effective Date.--This section shall apply with respect to
fiscal year 2005 and each succeeding fiscal year.
Sec. 8. Compensation for Lost or Damaged Property. (a) In
General.--Any amounts received by the Sergeant at Arms and Doorkeeper
of the Senate (in this section referred to as the ``Sergeant at Arms'')
for compensation for damage to, loss of, or loss of use of property of
the Sergeant at Arms that was procured using amounts available to the
Sergeant at Arms in the account for Contingent Expenses, Sergeant at
Arms and Doorkeeper of the Senate, shall be credited to that account
or, if applicable, to any subaccount of that account.
(b) Availability.--Amounts credited to any account or subaccount
under subsection (a) shall be merged with amounts in that account or
subaccount and shall be available to the same extent, and subject to
the same terms and conditions, as amounts in that account or
subaccount.
(c) Effective Date.--This section shall apply with respect to
fiscal year 2005 and each fiscal year thereafter.
Sec. 9. Age Requirement for Senate Pages. Section 491(b)(1) of the
Legislative Reorganization Act of 1970 (2 U.S.C. 88b-1(b)(1)) is
amended by striking ``fourteen'' and inserting ``sixteen''.
Sec. 10. Treatment of Electronic Services Provided by Sergeant at
Arms. The Office of the Sergeant at Arms and Doorkeeper of the United
States Senate, and any officer, employee, or agent of the Office, shall
not be treated as acquiring possession, custody, or control of any
electronic mail or other electronic communication, data, or information
by reason of its being transmitted, processed, or stored (whether
temporarily or otherwise) through the use of an electronic system
established, maintained, or operated, or the use of electronic services
provided, in whole or in part by the Office.
(2)Page 9, strike line 20 and all that follows through, Page 21, line 6
and insert the following:
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,139,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$8,476,000, 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 $2,175 per month to the Attending
Physician; (2) an allowance of $725 per month each to four medical
officers while on duty in the Office of the Attending Physician; (3) an
allowance of $725 per month each to two assistants and $580 per month
each to not to exceed 11 assistants on the basis heretofore provided
for such assistants; and (4) $1,680,000 for reimbursement to the
Department of the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician, which shall be
advanced and credited to the applicable appropriation or appropriations
from which such salaries, allowances, and other expenses are payable
and shall be available for all the purposes thereof, $2,528,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and Special
Services Office, $3,844,000, to be disbursed by the Secretary of the
Senate: Provided, That no part of such amount may be used to employ
more than 58 individuals: Provided further, That the Capitol Guide
Board is authorized, during emergencies, to employ not more than two
additional individuals for not more than 120 days each, and not more
than 10 additional individuals for not more than 6 months each, for the
Capitol Guide Service.
Statements of Appropriations
For the preparation, under the direction of the Committees on
Appropriations of the Senate and the House of Representatives, of the
statements for the second session of the 108th Congress, showing
appropriations made, indefinite appropriations, and contracts
authorized, together with a chronological history of the regular
appropriations bills as required by law, $30,000, to be paid to the
persons designated by the chairmen of such committees to supervise the
work.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay differential, and Government contributions
for health, retirement, social security, professional liability
insurance, and other applicable employee benefits, $198,000,000, to be
disbursed by the Chief of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, domestic travel, foreign
travel as approved by the Capitol Police Board, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be expended on
the certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $28,925,000, of which
$700,000 is to remain available until expended, to be disbursed by the
Chief of the Capitol Police or his designee.
Administrative Provisions
(including transfer of funds)
Sec. 1001. Transfer Authority. Amounts appropriated for fiscal year
2005 for the Capitol Police may be transferred between the headings
``salaries'' and ``general expenses'' upon the approval of the
Committees on Appropriations of the Senate and the House of
Representatives.
Sec. 1002. Limitation on Certain Hiring Authority of Capitol
Police. Section 1006(b) of the Legislative Branch Appropriations Act,
2004 (Public Law 108-83; 117 Stat. 1023) is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by inserting at the end
``The Chief of Police may hire individuals under this
subsection who are not submitted for selection under
this subparagraph. All hirings under this subparagraph
shall comply with the limitations under this paragraph
for any fiscal year.''; and
(B) in subparagraph (C), by striking ``(C)
Limitation.--'' and inserting ``(C) Limitation for
fiscal year 2004.--''; and
(C) by adding at the end the following:
``(D) Limitation for fiscal year 2005.-- During
fiscal year 2005, the number of individuals hired under
this subsection may not exceed--
``(i) the number of Library of Congress
Police employees who separated from service or
transferred to a position other than a Library
of Congress Police employee position during
fiscal year 2004 for whom a corresponding hire
was not made under this subsection; and
``(ii) the number of Library of Congress
Police employees who separate from service or
transfer to a position other than a Library of
Congress Police employee position during fiscal
year 2005.''; and
(2) in paragraph (4), by striking the first sentence and
inserting ``Notwithstanding subsection (a)(1)(C), the Chief of
the Capitol Police may detail an individual hired under this
subsection to the Library of Congress Police on a
nonreimbursable basis. Any individual detailed under this
subsection shall receive necessary training, including training
by the Library of Congress Police.''.
Sec. 1003. Compensation for Damaged or Lost Property. (a) In
General.--Any amounts received by the Capitol Police for compensation
for damage to, loss of, or loss of use of property of the Capitol
Police (including any insurance payments or payment made by an officer
or civilian employee of the Capitol Police) shall be credited to the
account established for the general expenses of the Capitol Police, and
shall be available to carry out the purposes of such account during the
fiscal year in which the amounts are received and the following fiscal
year.
(b) Effective Date.--This section shall apply to fiscal year 2005
and each fiscal year thereafter.
Sec. 1004. Participation in Voluntary Transfer of Leave With Other
Agencies. (a) In General.--The Office of Personnel Management shall
apply the regulations prescribed under section 6334(c) of title 5,
United States Code, to the Capitol Police to provide for the
participation of employees of the Capitol Police in the voluntary
transfer of leave between employees of different agencies under
subchapter III of chapter 63 of that title.
(b) Certification of Leave Accounts.--For purposes of this section,
the Office of Personnel Management shall accept the certification of
the Chief of the Capitol Police of the amount of annual leave in the
annual leave account of any leave donor or leave recipient who is an
employee of the Capitol Police.
(c) Regulations.--After consultation with the Chief of the Capitol
Police, the Office of Personnel Management may prescribe regulations to
carry out this section.
(d) Effective Date.--This section shall apply to fiscal year 2005
and each fiscal year thereafter.
Sec. 1005. Authorization of Weapons. Section 1824 of the Revised
Statutes (2 U.S.C. 1941) is amended--
(1) in the first sentence--
(A) by striking ``The Sergeant at Arms of the
Senate and the Sergeant at Arms of the House of
Representatives'' and inserting ``The Capitol Police
Board''; and
(B) by striking all beginning with ``payable out''
through the period and inserting ``payable from
appropriations to the Capitol Police upon certification
of payment by the Chief of the Capitol Police.''; and
(2) in the second sentence--
(A) by inserting ``or other arms as authorized by
the Capitol Police Board'' after ``furnished''; and
(B) by striking ``the Sergeant at Arms of the
Senate and the Sergeant at Arms of the House of
Representatives'' and inserting ``the Capitol Police
Board''.
Sec. 1006. Release of Security Information. (a) Definition.--In
this section, the term ``security information'' means information
that--
(1) is sensitive with respect to the policing, protection,
physical security, intelligence, counterterrorism actions, or
emergency preparedness and response relating to Congress, any
statutory protectee of the Capitol Police, and the Capitol
buildings and grounds; and
(2) is obtained by, on behalf of, or concerning the Capitol
Police Board, the Capitol Police, or any incident command
relating to emergency response.
(b) Authority of Board To Determine Conditions of Release.--
Notwithstanding any other provision of law, any security information in
the possession of the Capitol Police may be released by the Capitol
Police to another entity, including an individual, only if the Capitol
Police Board determines in consultation with other appropriate law
enforcement officials, experts in security preparedness, and
appropriate committees of Congress, that the release of the security
information will not compromise the security and safety of the Capitol
buildings and grounds or any individual whose protection and safety is
under the jurisdiction of the Capitol Police.
(c) Rule of Construction.--Nothing in this section may be construed
to affect the ability of the Senate and the House of Representatives
(including any Member, officer, or committee of either House of
Congress) to obtain information from the Capitol Police regarding the
operations and activities of the Capitol Police that affect the Senate
and House of Representatives.
(d) Regulations.--The Capitol Police Board may promulgate
regulations to carry out this section, with the approval of the
Committee on Rules and Administration of the Senate and the Committee
on House Administration of the House of Representatives.
(e) Effective Date.--This section shall take effect on the date of
enactment of this Act and apply with respect to--
(1) any remaining portion of fiscal year 2004, if this Act
is enacted before October 1, 2004; and
(2) fiscal year 2005 and each fiscal year thereafter.
Sec. 1007. Acceptance of Donations of Animals. (a) In General.--The
Capitol Police may accept the donation of animals to be used in the
canine or equine units of the Capitol Police.
(b) Effective Date.--This section shall apply with respect to
fiscal year 2005 and each fiscal year thereafter.
Sec. 1008. Settlement and Payment of Tort Claims. (a) Federal Tort
Claims Act.--
(1) In general.--Except as provided in paragraph (2) with
respect to the Senate, the Chief of the Capitol Police, in
accordance with regulations prescribed by the Attorney General
and any regulations as the Capitol Police Board may prescribe,
may consider, ascertain, determine, compromise, adjust, and
settle, in accordance with the provisions of chapter 171 of
title 28, United States Code, any claim for money damages
against the United States for injury or loss of property or
personal injury or death caused by the negligent or wrongful
act or omission of any employee of the Capitol Police while
acting within the scope of his office or employment, under
circumstances where the United States, if a private person,
would be liable to the claimant in accordance with the law of
the place where the act or omission occurred.
(2) Senate.--
(A) In general.--With respect to any claim of a
Senator or an employee whose pay is disbursed by the
Secretary of the Senate, the Chief of the Capitol
Police shall--
(i) not later than 14 days after the
receipt of such a claim, notify the Chairman of
the Committee on Rules and Administration of
the receipt of the claim; and
(ii) not later than 90 days after the
receipt of such a claim, submit a proposal for
the resolution of such claim which shall be
subject to the approval of the Chairman of the
Committee on Rules and Administration.
(B) Extension.--The 90-day period in subparagraph
(A)(ii) may be extended, not to exceed 90 days, for
good cause by the Chairman of the Committee on Rules
and Administration upon the request of the Chief of the
Capitol Police.
(3) Head of agency.--For purposes of section 2672 of title
28, United States Code, the Chief of the Capitol Police shall
be the head of a Federal agency with respect to the Capitol
Police.
(4) Regulations.--The Capitol Police Board may prescribe
regulations to carry out this subsection.
(b) Claims of Employees of Capitol Police.--
(1) In general.--The Capitol Police Board may prescribe
regulations to apply the provisions of section 3721 of title
31, United States Code, for the settlement and payment of a
claim against the Capitol Police by an employee of the Capitol
Police for damage to, or loss of personal property incident to
service.
(2) Limitation.--No settlement and payment of a claim under
regulations prescribed under this subsection may exceed $2,000.
(c) Rule of Construction.--Nothing in this section may be construed
to affect--
(1) any payment under section 1304 of title 31, United
States Code, of a final judgement, award, compromise
settlement, and interest and costs specified in the judgment
based on a claim against the Capitol Police; or
(2) any authority for any--
(A) settlement under section 414 of the
Congressional Accountability Act of 1995 (2 U.S.C.
1414); or
(B) payment under section 415 of that Act (2 U.S.C.
1415).
(d) Effective Date.--This section shall apply to fiscal year 2005
and each fiscal year thereafter.
Sec. 1009. Foreign Travel Authorization. Notwithstanding any other
provision of law and subject to the approval of the Capitol Police
Board, the Capitol Police are authorized, in a non-law enforcement
capacity, to travel with and assist overseas congressional delegations
in a security advisory and liaison role, including advance security
liaison preparations for such congressional foreign travel.
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), $2,421,000: Provided, That the Executive Director
of the Office of Compliance may, within the limits of available
appropriations, dispose of surplus or obsolete personal property by
interagency transfer, donation, or discarding.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $3,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $34,790,000: Provided, That no part of such amount may be
used for the purchase or hire of a passenger motor vehicle.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for surveys and studies in
connection with activities under the care of the Architect of the
Capitol; for all necessary expenses for the general and administrative
support of the operations under the Architect of the Capitol including
the Botanic Garden; electrical substations of the Capitol, Senate and
House office buildings, and other facilities under the jurisdiction of
the Architect of the Capitol; including furnishings and office
equipment; including not more than $5,000 for official representation
and reception expenses, to be expended as the Architect of the Capitol
may approve; for purchase or exchange, maintenance, and operation of a
passenger motor vehicle, $74,063,000, of which $720,000 shall remain
available until September 30, 2009.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $24,784,000, of which $8,770,000 shall remain available
until September 30, 2009.
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, $6,940,000.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be
expended under the control and supervision of the Architect of the
Capitol, $62,303,000, of which $9,070,000 shall remain available until
September 30, 2009.
(3)Page 21, strike line 12 and all that follows through, Page 50, line
13 and insert the following:
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, $60,928,000, of which $2,190,000 shall remain available
until September 30, 2009: 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 2005.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$65,145,000, of which $47,114,000 shall remain available until
September 30, 2009.
Capitol Police Buildings and Grounds
For all necessary expenses for the maintenance, care, and operation
of buildings and grounds of the United States Capitol Police,
$7,090,000, of which $1,500,000 shall remain available until September
30, 2009.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $6,294,000: Provided, That this
appropriation shall not be available for construction of the National
Garden.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and
maintenance of the American Folklife Center in the Library; preparation
and distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and expenses
of the Library of Congress Trust Fund Board not properly chargeable to
the income of any trust fund held by the Board, $379,648,000, of which
not more than $6,000,000 shall be derived from collections credited to
this appropriation during fiscal year 2005, 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 2005 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
$6,350,000: Provided further, That of the total amount appropriated,
$11,981,000 shall remain available until expended for the partial
acquisition of books, periodicals, newspapers, and all other materials
including subscriptions for bibliographic services for the Library,
including $40,000 to be available solely for the purchase, when
specifically approved by the Librarian, of special and unique materials
for additions to the collections: Provided further, That of the total
amount appropriated, not more than $12,000 may be expended, on the
certification of the Librarian of Congress, in connection with official
representation and reception expenses for the Overseas Field Offices:
Provided further, That of the total amount appropriated, $1,175,000
shall remain available until expended for the purpose of teaching
educators and librarians how to incorporate the Library's digital
collections into school curricula and shall be transferred to the
educational consortium formed to conduct the ``Adventure of the
American Mind'' project as approved by the Library: Provided further,
That of the amount appropriated, $500,000 shall remain available until
expended, and shall be transferred to the Abraham Lincoln Bicentennial
Commission for carrying out the purposes of Public Law 106-173, of
which $10,000 may be used for official representation and reception
expenses of the Abraham Lincoln Bicentennial Commission: Provided
further, That of the total amount appropriated, $15,620,000 shall
remain available until expended for partial support of the National
Audio-Visual Conservation Center: Provided further, That of the total
amount appropriated, $2,795,000 shall remain available until expended
for the development and maintenance of the Alternate Computer Facility:
Provided further, That of the amount appropriated, $500,000 shall be
used to provide a grant to the Middle Eastern Text Initiative for
translation and publishing of middle eastern text.
Copyright Office
salaries and expenses
For necessary expenses of the Copyright Office, $53,518,000, of
which not more than $26,843,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2005 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess of the
amount authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $6,496,000 shall be derived from
collections during fiscal year 2005 under sections 111(d)(2),
119(b)(2), 802(h), 1005, and 1316 of such title: Provided further, That
the total amount available for obligation shall be reduced by the
amount by which collections are less than $33,339,000: Provided
further, That not more than $100,000 of the amount appropriated is
available for the maintenance of an ``International Copyright
Institute'' in the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in intellectual
property laws and policies: Provided further, That not more than $4,250
may be expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for
activities of the International Copyright Institute and for copyright
delegations, visitors, and seminars.
Congressional Research Service
salaries and expenses
For necessary expenses to carry out the provisions of section 203
of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $96,678,000: Provided, That no part of such amount may be used
to pay any salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public General
Bills), to be issued by the Library of Congress unless such publication
has obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee on
Rules and Administration of the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For salaries and expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $53,937,000, of which
$15,960,000 shall remain available until expended.
Administrative Provisions
Sec. 1101. Incentive Awards Program. Of the amounts appropriated to
the Library of Congress in this Act, not more than $5,000 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for the
incentive awards program.
Sec. 1102. Reimbursable and Revolving Fund Activities. (a) In
General.--For fiscal year 2005, the obligational authority of the
Library of Congress for the activities described in subsection (b) may
not exceed $106,985,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
(c) Transfer of Funds.--During fiscal year 2005, the Librarian of
Congress may temporarily transfer funds appropriated in this Act, under
the heading ``LIBRARY OF CONGRESS'' under the subheading ``Salaries and
Expenses'' to the revolving fund for the FEDLINK Program and the
Federal Research Program established under section 103 of the Library
of Congress Fiscal Operations Improvement Act of 2000 (Public Law 106-
481; 2 U.S.C. 182c): Provided, That the total amount of such transfers
may not exceed $1,900,000: Provided further, That the appropriate
revolving fund account shall reimburse the Library for any amounts
transferred to it before the period of availability of the Library
appropriation expires.
Sec. 1103. National Digital Information Infrastructure and
Preservation Program. The Miscellaneous Appropriations Act, 2001
(enacted into law by section 1(a)(4) of Public Law 106-554, 114 Stat.
2763A-194) is amended in the first proviso under the subheading
``Salaries and Expenses'' under the heading ``LIBRARY OF CONGRESS'' in
chapter 9 of division A--
(1) by inserting ``and pledges'' after ``other than
money''; and
(2) by striking ``March 31, 2005'' and inserting ``March
31, 2010''.
Sec. 1104. Construction of United States Diplomatic Facilities.
None of the funds in this Act may be used to pay any fee charged by the
Department of State for the purpose of constructing United States
diplomatic facilities.
Sec. 1105. National Film Preservation Board and National Film
Preservation Foundation. (a) Effective Dates.--Notwithstanding the
effective date under section 113 of the National Film Preservation Act
of 1996 (2 U.S.C. 179w), title I of that Act shall be considered to be
effective through fiscal year 2005.
(b) Authorization of Appropriations.--Section 151711(a) of title
36, United States Code, is amended by striking ``2003'' and inserting
``2005''.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(including transfer of funds)
For authorized printing and binding for the Congress and the
distribution of Congressional information in any format; printing and
binding for the Architect of the Capitol; expenses necessary for
preparing the semimonthly and session index to the Congressional
Record, as authorized by law (section 902 of title 44, United States
Code); printing and binding of Government publications authorized by
law to be distributed to Members of Congress; and printing, binding,
and distribution of Government publications authorized by law to be
distributed without charge to the recipient, $88,800,000: Provided,
That this appropriation shall not be available for paper copies of the
permanent edition of the Congressional Record for individual
Representatives, Resident Commissioners or Delegates authorized under
section 906 of title 44, United States Code: Provided further, That
this appropriation shall be available for the payment of obligations
incurred under the appropriations for similar purposes for preceding
fiscal years: Provided further, That notwithstanding the 2-year
limitation under section 718 of title 44, United States Code, none of
the funds appropriated or made available under this Act or any other
Act for printing and binding and related services provided to Congress
under chapter 7 of title 44, United States Code, may be expended to
print a document, report, or publication after the 27-month period
beginning on the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United States
Code: Provided further, That any unobligated or unexpended balances in
this account or accounts for similar purposes for preceding fiscal
years may be transferred to the Government Printing Office revolving
fund for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and Senate.
Office of Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the Office of Superintendent of Documents necessary
to provide for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $31,935,000: Provided, That
amounts of not more than $2,000,000 from current year appropriations
are authorized for producing and disseminating Congressional serial
sets and other related publications for fiscal years 2003 and 2004 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 may make such expenditures, within
the limits of funds available and in accord with the law, and to make
such contracts and commitments without regard to fiscal year
limitations as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the programs and purposes set
forth in the budget for the current fiscal year for the Government
Printing Office revolving fund: Provided, That not more than $5,000 may
be expended on the certification of the Public Printer in connection
with official representation and reception expenses: Provided further,
That the revolving fund shall be available for the hire or purchase of
not more than 12 passenger motor vehicles: Provided further, That
expenditures in connection with travel expenses of the advisory
councils to the Public Printer shall be deemed necessary to carry out
the provisions of title 44, United States Code: Provided further, That
the revolving fund shall be available for temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level V of the Executive Schedule under section
5316 of such title: Provided further, That the revolving fund and the
funds provided under the headings ``Office of Superintendent of
Documents'' and ``salaries and expenses'' together may not be available
for the full-time equivalent employment of more than 2,621 workyears
(or such other number of workyears as the Public Printer may request,
subject to the approval of the Committees on Appropriations of the
House of Representatives and Senate): Provided further, That activities
financed through the revolving fund may provide information in any
format: Provided further, That not more than $10,000 may be expended
from the revolving fund in support of the activities of the Benjamin
Franklin Tercentenary Commission established by Public Law 107-202.
Administrative Provision
Sec. 1301. Discounts for Sales Copies. Section 1708 of title 44,
United States Code, is amended by striking ``of not to exceed 25
percent may be allowed to book dealers and quantity purchasers'', and
inserting in lieu thereof the following: ``may be allowed as determined
by the Superintendent of Documents''.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with
official representation and reception expenses; temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor vehicle;
advance payments in foreign countries in accordance with section 3324
of title 31, United States Code; benefits comparable to those payable
under section 901(5), (6), and (8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
the Comptroller General of the United States, rental of living quarters
in foreign countries, $470,000,000: Provided, That not more than
$4,919,000 of payments received under section 782 of title 31, United
States Code, shall be available for use in fiscal year 2005: Provided
further, That not more than $2,500,000 of reimbursements received under
section 9105 of title 31, United States Code, shall be available for
use in fiscal year 2005: 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.
Administrative Provision
Sec. 1401. Reports to the Comptroller General. (a) Limitations on
Expenditures, Obligations, and Voluntary Services.--Section 1351 of
title 31, United States Code, is amended by inserting ``A copy of each
report shall also be transmitted to the Comptroller General on the same
date the report is transmitted to the President and Congress.'' after
the first sentence.
(b) Prohibited Obligations and Expenditures.--Section 1517(b) of
title 31, United States Code, is amended by inserting ``A copy of each
report shall also be transmitted to the Comptroller General on the same
date the report is transmitted to the President and Congress.'' after
the first sentence.
PAYMENT TO THE OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center, $13,500,000.
Administrative Provision
Sec. 1501. Expansion of Open World Leadership Countries.--Section
313(j) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C.
1151(j)) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(3) any other country that is designated by the Board,
except that the Board shall notify the Committees on
Appropriations of the Senate and the House of Representatives
of the designation at least 90 days before the designation is
to take effect.''.
TITLE II--GENERAL PROVISIONS
Sec. 201. Maintenance and Care of Private Vehicles. No part of the
funds appropriated in this Act shall be used for the maintenance or
care of private vehicles, except for emergency assistance and cleaning
as may be provided under regulations relating to parking facilities for
the House of Representatives issued by the Committee on House
Administration and for the Senate issued by the Committee on Rules and
Administration.
Sec. 202. Fiscal Year Limitation. No part of the funds appropriated
in this Act shall remain available for obligation beyond fiscal year
2005 unless expressly so provided in this Act.
Sec. 203. Rates of Compensation and Designation. Whenever in this
Act any office or position not specifically established by the
Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for
or the rate of compensation or designation of any office or position
appropriated for is different from that specifically established by
such Act, the rate of compensation and the designation in this Act
shall be the permanent law with respect thereto: Provided, That the
provisions in this Act for the various items of official expenses of
Members, officers, and committees of the Senate and House of
Representatives, and clerk hire for Senators and Members of the House
of Representatives shall be the permanent law with respect thereto.
Sec. 204. Consulting Services. The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued under
existing law.
Sec. 205. Awards and Settlements. Such sums as may be necessary are
appropriated to the account described in subsection (a) of section 415
of the Congressional Accountability Act (2 U.S.C. 1415(a)) to pay
awards and settlements as authorized under such subsection.
Sec. 206. Costs of LBFMC. Amounts available for administrative
expenses of any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC) established by
charter on March 26, 1996, shall be available to finance an appropriate
share of LBFMC costs as determined by the LBFMC, except that the total
LBFMC costs to be shared among all participating legislative branch
entities (in such allocations among the entities as the entities may
determine) may not exceed $2,000.
Sec. 207. Limitation on Transfers. None of the funds made available
in this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 208. Voluntary Compliance With Government eTravel Service
Regulation. (a) Definition.--In this section, the term ``agency'' means
the--
(1) Architect of the Capitol;
(2) Congressional Budget Office;
(3) Government Accountability Office;
(4) Government Printing Office;
(5) Library of Congress; and
(6) Office of Compliance.
(b) Compliance Election.--Notwithstanding any other provision of
law, an agency, at the discretion of the head of the agency, may--
(1) elect to comply with the requirements of parts 300-3,
301-50, 301-52, 301-70, and 301-73 of title 41 of the Code of
Federal Regulations, or any modification to those requirements,
(relating to the Governmentwide eTravel Service); and
(2) if the head of the agency makes an election to comply
under paragraph (1), enter into an agreement with the General
Services Administration to modify those requirements, as
applicable to that agency, relating to confidentiality of
information or other concerns of the head of the agency.
(c) Effective Date.--This section shall apply with respect to
fiscal year 2005 and each fiscal year thereafter.
Sec. 209. Congressional Recognition for Excellence in Arts
Education. Section 210 of the Legislative Branch Appropriations Act,
2003 is amended--
(1) by striking the first proviso; and
(2) by striking ``Provide further,'' and inserting
``Provided,''.
Sec. 210. Transfer of Jurisdiction Over Real Property Near Japanese
American Patriotism Memorial. (a) Transfer of Jurisdiction.--
(1) In general.--Jurisdiction over the parcels of Federal
real property described under paragraph (2) (over which
jurisdiction was transferred under section 514(b)(2)(C) of the
Omnibus Parks and Public Lands Management Act of 1996 (40
U.S.C. 5102 note; Public Law 104-333)) is transferred to the
Architect of the Capitol, without consideration.
(2) Parcels.--The parcels of Federal real property referred
to under paragraph (1) are the following:
(A) That portion of New Jersey Avenue, N.W.,
between the northernmost point of the intersection of
New Jersey Avenue, N.W., and D Street, N.W., and the
northernmost point of the intersection of New Jersey
Avenue, N.W., and Louisiana Avenue, N.W., between
squares 631 and W632, which remains Federal property,
and whose maintenance and repair shall be the
responsibility of the District of Columbia.
(B) That portion of D Street, N.W., between its
intersection with New Jersey Avenue, N.W., and its
intersection with Louisiana Avenue, N.W., between
squares 630 and W632, which remains Federal property.
(b) Miscellaneous.--
(1) Compliance with other laws.--Compliance with this
section shall be deemed to satisfy the requirements of all laws
otherwise applicable to transfers of jurisdiction over parcels
of Federal real property.
(2) United states capitol grounds.--
(A) Definition.--Section 5102 of title 40, United
States Code, is amended to include within the
definition of the United States Capitol Grounds the
parcels of Federal real property described in
subsection (a)(2).
(B) Jurisdiction of capitol police.--The United
States Capitol Police shall have jurisdiction over the
parcels of Federal real property described in
subsection (a)(2) in accordance with section 9 of the
Act entitled ``An Act to define the United States
Capitol Grounds, to regulate the use thereof, and for
other purposes'', approved July 31, 1946 (2 U.S.C.
1961).
(3) Effect of transfer.--A person relinquishing
jurisdiction over any parcel of Federal real property
transferred by subsection (a) shall not retain any interest in
the parcel except as specifically provided in this section.
(c) Effective Date.--This Act shall apply to fiscal year 2005 and
each fiscal year thereafter.
Sec. 211. Commission on the Abraham Lincoln Study Abroad Fellowship
Program.--(a) Appropriation.--There are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2005, $495,000, for the Commission on the Abraham Lincoln
Study Abroad Fellowship Program established under section 104 of
division H of the Consolidated Appropriations Act, 2004 (Public Law
108-199; 118 Stat. 435).
(b) Extension of Report and Termination Dates.--Section 104 of
division H of the Consolidated Appropriations Act, 2004 (Public Law
108-199; 118 Stat. 435) is amended--
(1) in subsection (f), by striking ``December 1, 2004'' and
inserting ``December 1, 2005''; and
(2) in subsection (g), by striking ``December 31, 2004''
and inserting ``December 31, 2005''.
This Act may be cited as the ``Legislative Branch Appropriations
Act, 2005''.
Attest:
Secretary.
108th CONGRESS
2d Session
H. R. 4755
_______________________________________________________________________
AMENDMENTS