[109th Congress Public Law 55]
[From the U.S. Government Printing Office]
[DOCID: f:publ055.109]
[[Page 119 STAT. 565]]
Public Law 109-55
109th Congress
An Act
Making appropriations for the Legislative Branch for the fiscal year
ending September 30, 2006, and for other purposes. <<NOTE: Aug. 2,
2005 - [H.R. 2985]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Legislative
Branch Appropriations Act, 2006.>> 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, 2006, and for other purposes, namely:
TITLE I--LEGISLATIVE <<NOTE: 2 USC 60a note.>> BRANCH APPROPRIATIONS
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the President
Pro Tempore of the Senate, $40,000; Majority Leader of the Senate,
$40,000; Minority Leader of the Senate, $40,000; Majority Whip of the
Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro
Tempore emeritus, $15,000; 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, $195,000.
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, $147,120,000, 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, $2,181,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $582,000.
[[Page 119 STAT. 566]]
office of the president pro tempore emeritus
For the Office of the President Pro Tempore emeritus, $290,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $4,340,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $2,644,000.
committee on appropriations
For salaries of the Committee on Appropriations, $13,758,000.
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, $1,470,000 for each such committee; in all, $2,940,000.
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, $728,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,524,000 for each such committee; in all,
$3,048,000.
office of the chaplain
For Office of the Chaplain, $354,000.
office of the secretary
For Office of the Secretary, $20,866,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $56,700,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,584,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $37,105,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $5,437,000.
[[Page 119 STAT. 567]]
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,306,000.
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 paragraph 1 of rule XXVI of the Standing Rules of the
Senate, 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, $119,637,000.
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,
$1,980,000.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $142,000,000, which shall remain available until September
30, 2010.
miscellaneous items
For miscellaneous items, $17,000,000, 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,
$350,000,000.
[[Page 119 STAT. 568]]
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
administrative provisions
Sec. 1. <<NOTE: 2 USC 61-1 and note.>> Gross Rate of Compensation in
Offices of Senators. Effective on and after October 1, 2005, 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, 2005, increased by an additional
$50,000 each.
Sec. 2. <<NOTE: Applicability. 2 USC 61h-6 note.>> Consultants. With
respect to fiscal year 2006, 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 ``2005'' and inserting ``2006''.
Sec. 4. Senate Commission on Art. Section 3(c)(2) of Public Law 108-
83 (2 U.S.C. 2108(c)(2)) is amended by striking ``and for any purposes''
through the period and inserting ``for any purposes for which funds from
the contingent fund of the Senate may be used under section 316(a) of
Public Law 101-302 (2 U.S.C. 2107(a)), and for expenditures, not to
exceed $10,000 in any fiscal year, for meals and refreshments in Capitol
facilities in connection with official activities of the Commission or
other authorized programs or activities.''.
Sec. 5. Absences. Section 40 of the Revised Statutes (2 U.S.C. 39)
is amended by--
(1) striking ``Secretary of the Senate and the'';
(2) striking ``, respectively, shall'' and inserting
``shall'';
(3) striking ``Senate or''; and
(4) striking ``, respectively, unless'' and inserting ``,
unless''.
Sec. 6. Modification of Certain Consultant Requirement. Section
10(a)(5) of the Legislative Branch Appropriations Act, 1999 (2 U.S.C.
72d) is amended by inserting ``, except that any approval (and related
reporting requirement) shall not apply'' after ``May 14, 1975''.
HOUSE OF REPRESENTATIVES
salaries and expenses
For salaries and expenses of the House of Representatives,
$1,100,907,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law, $19,844,000,
including: Office of the Speaker, $2,788,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,089,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $2,928,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
[[Page 119 STAT. 569]]
$1,797,000, including $5,000 for official expenses of the Majority Whip;
Office of the Minority Whip, including the Chief Deputy Minority Whip,
$1,345,000, including $5,000 for official expenses of the Minority Whip;
Speaker's Office for Legislative Floor Activities, $482,000; Republican
Steering Committee, $906,000; Republican Conference, $1,548,000;
Republican Policy Committee, $307,000; Democratic Steering and Policy
Committee, $1,945,000; Democratic Caucus, $816,000; nine minority
employees, $1,445,000; training and program development--majority,
$290,000; training and program development--minority, $290,000;
Cloakroom Personnel--majority, $434,000; and Cloakroom Personnel--
minority, $434,000.
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, $542,109,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $117,913,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2006.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$25,668,000, 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, 2006.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $172,249,000, including: for salaries and expenses of
the Office of the Clerk, including not more than $13,000, of which not
more than $10,000 is for the Family Room, for official representation
and reception expenses, $21,911,000; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of Superintendent
of Garages, and including not more than $3,000 for official
representation and reception expenses, $6,284,000; for salaries and
expenses of the Office of the Chief Administrative Officer,
$121,471,000, of which $7,806,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector General,
$3,991,000; for salaries and expenses of the Office of Emergency
Planning, Preparedness and Operations, $5,000,000, to remain available
until expended; for salaries and expenses of the Office of General
Counsel, $962,000;
[[Page 119 STAT. 570]]
for the Office of the Chaplain, $161,000; for salaries and expenses of
the Office of the Parliamentarian, including the Parliamentarian and
$2,000 for preparing the Digest of Rules, $1,767,000; for salaries and
expenses of the Office of the Law Revision Counsel of the House,
$2,453,000; for salaries and expenses of the Office of the Legislative
Counsel of the House, $6,963,000; for salaries and expenses of the
Office of Interparliamentary Affairs, $720,000; for other authorized
employees, $161,000; and for salaries and expenses of the Office of the
Historian, $405,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $223,124,000, including: supplies, materials, administrative costs
and Federal tort claims, $4,179,000; 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, $214,422,000; supplies, materials,
and other costs relating to the House portion of expenses for the
Capitol Visitor Center, $3,410,000, to remain available until expended;
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,
$703,000.
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 (2
U.S.C. 2112), subject to the level specified in the budget of the
Center, as submitted to the Committee on Appropriations of the House of
Representatives.
Administrative Provision
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or To
Reduce the Federal Debt. Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2006. Any amount remaining after all
payments are made under such allowances for fiscal year 2006 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.
JOINT ITEMS
For Joint Committees, as follows:
[[Page 119 STAT. 571]]
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,276,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$8,781,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including: (1) an allowance of $2,175 per month to the Attending
Physician; (2) an allowance of $725 per month each to four medical
officers while on duty in the Office of the Attending Physician; (3) an
allowance of $725 per month to two assistants and $580 per month each
not to exceed 11 assistants on the basis heretofore provided for such
assistants; and (4) $1,834,000 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, $2,545,000, 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, $4,098,000, 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 first session of the 109th 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
[[Page 119 STAT. 572]]
insurance, and other applicable employee benefits, $217,456,000, 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, 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, $32,000,000, to be
disbursed by the Chief of the Capitol Police or his designee: 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 2006 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
Administrative Provisions
(including transfer of funds)
Sec. 1001. Transfer Authority. Amounts appropriated for fiscal year
2006 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. <<NOTE: 2 USC 1980.>> Mounted Horse Unit. (a) The United
States Capitol Police may not operate a mounted horse unit during fiscal
year 2006 or any succeeding fiscal year.
(b) <<NOTE: Deadline.>> Not later than 60 days after the date of the
enactment of this Act, the Chief of the Capitol Police shall transfer to
the Chief of the United States Park Police the horses, equipment, and
supplies of the Capitol Police mounted horse unit which remain in the
possession of the Capitol Police as of such date.
Sec. 1003. Ethics in Goverment Act. (a) Section 103(h)(1)(A)(i)(I)
of the Ethics in Government Act of 1978 (5 U.S.C. App.
103(h)(1)(A)(i)(I)) is amended by inserting ``United States Capitol
Police,'' after ``Architect of the Capitol,''.
(b) <<NOTE: Applicability. 5 USC app. 103 note.>> The amendment made
by subsection (a) shall apply with respect to reports filed under the
Ethics in Government Act of 1978 for calendar year 2005 and each
succeeding calendar year.
Sec. 1004. <<NOTE: 2 USC 1909.>> Inspector General for the United
States Capitol Police. (a) Establishment of Office.--There is
established in the United States Capitol Police the Office of the
Inspector General (hereafter in this section referred to as the
``Office''), headed by the Inspector General of the United States
Capitol Police (hereafter in this section referred to as the ``Inspector
General'').
(b) Inspector General.--
(1) Appointment.--The Inspector General shall be appointed
by, and under the general supervision of, the Capitol Police
Board. The appointment shall be made in consultation with the
Inspectors General of the Library of Congress, Government
Printing Office, and the Government Accountability
[[Page 119 STAT. 573]]
Office. The Capitol Police Board shall appoint the Inspector
General without regard to political affiliation and solely on
the basis of integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis, public
administration, or investigations.
(2) Term of service.--The Inspector General shall serve for
a term of 5 years, and an individual serving as Inspector
General may be reappointed for not more than 2 additional terms.
(3) Removal.--The Inspector General may be removed from
office prior to the expiration of his term only by the unanimous
vote of all of the voting members of the Capitol Police Board,
and the Board shall communicate the reasons for any such removal
to the Committee on House Administration, the Senate Committee
on Rules and Administration and the Committees on Appropriations
of the House of Representatives and of the Senate.
(4) Salary.--The Inspector General shall be paid at an
annual rate equal to $1,000 less than the annual rate of pay in
effect for the Chief of the Capitol Police.
(5) Deadline.--The Capitol Police Board shall appoint the
first Inspector General under this section not later than 180
days after the date of the enactment of this Act.
(c) Duties.--
(1) Applicability of duties of inspector general of
executive branch establishment.--The Inspector General shall
carry out the same duties and responsibilities with respect to
the United States Capitol Police as an Inspector General of an
establishment carries out with respect to an establishment under
section 4 of the Inspector General Act of 1978, (5 U.S.C. App.
4), under the same terms and conditions which apply under such
section.
(2) Semiannual reports.--The Inspector General shall prepare
and submit semiannual reports summarizing the activities of the
Office in the same manner, and in accordance with the same
deadlines, terms, and conditions, as an Inspector General of an
establishment under section 5 (other than subsection (a)(13)
thereof) of the Inspector General Act of 1978, (5 U.S.C. App.
5). For purposes of applying section 5 of such Act to the
Inspector General, the Chief of the Capitol Police shall be
considered the head of the establishment. The Chief shall,
within 30 days of receipt of a report, report to the Capitol
Police Board, the Committee on House Administration, the Senate
Committee on Rules and Administration, and the Committees on
Appropriations of the House of Representatives and of the Senate
consistent with section 5(b) of such Act.
(3) Investigations of complaints of employees and members.--
(A) Authority.--The Inspector General may receive
and investigate complaints or information from an
employee or member of the Capitol Police concerning the
possible existence of an activity constituting a
violation of law, rules, or regulations, or
mismanagement, gross waste of funds, abuse of authority,
or a substantial and specific danger to the public
health and safety, including complaints or information
the investigation of which is under the jurisdiction of
the Internal Affairs Division of
[[Page 119 STAT. 574]]
the Capitol Police as of the date of the enactment of
this Act.
(B) Nondisclosure.--The Inspector General shall not,
after receipt of a complaint or information from an
employee or member, disclose the identity of the
employee or member without the consent of the employee
or member, unless required by law or the Inspector
General determines such disclosure is otherwise
unavoidable during the course of the investigation.
(C) Prohibiting retaliation.--An employee or member
of the Capitol Police who has authority to take, direct
others to take, recommend, or approve any personnel
action, shall not, with respect to such authority, take
or threaten to take any action against any employee or
member as a reprisal for making a complaint or
disclosing information to the Inspector General, unless
the complaint was made or the information disclosed with
the knowledge that it was false or with willful
disregard for its truth or falsity.
(4) Independence in carrying out duties.--Neither the
Capitol Police Board, the Chief of the Capitol Police, nor any
other member or employee of the Capitol Police may prevent or
prohibit the Inspector General from carrying out any of the
duties or responsibilities assigned to the Inspector General
under this section.
(d) Powers.--
(1) In general.--The Inspector General may exercise the same
authorities with respect to the United States Capitol Police as
an Inspector General of an establishment may exercise with
respect to an establishment under section 6(a) of the Inspector
General Act of 1978, (5 U.S.C. App. 6(a)), other than paragraphs
(7) and (8) of such section.
(2) Staff.--
(A) In general.--The Inspector General may appoint
and fix the pay of such personnel as the Inspector
General considers appropriate. Such personnel may be
appointed without regard to the provisions of title 5,
United States Code, regarding appointments in the
competitive service, and may be paid without regard to
the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and
General Schedule pay rates, except that no personnel of
the Office (other than the Inspector General) may be
paid at an annual rate greater than $500 less than the
annual rate of pay of the Inspector General under
subsection (b)(4).
(B) Experts and consultants.--The Inspector General
may procure temporary and intermittent services under
section 3109 of title 5, United States Code, at rates
not to exceed the daily equivalent of the annual rate of
basic pay for level IV of the Executive Schedule under
section 5315 of such title.
(C) Independence in appointing staff.--No individual
may carry out any of the duties or responsibilities of
the Office unless the individual is appointed by the
Inspector General, or provides services procured by the
Inspector General, pursuant to this paragraph. Nothing
in this subparagraph may be construed to prohibit the
[[Page 119 STAT. 575]]
Inspector General from entering into a contract or other
arrangement for the provision of services under this
section.
(D) Applicability of capitol police personnel
rules.--None of the regulations governing the
appointment and pay of employees of the Capitol Police
shall apply with respect to the appointment and
compensation of the personnel of the Office, except to
the extent agreed to by the Inspector General. Nothing
in the previous sentence may be construed to affect
subparagraphs (A) through (C).
(3) Equipment and supplies.--The Chief of the Capitol Police
shall provide the Office with appropriate and adequate office
space, together with such equipment, supplies, and
communications facilities and services as determined by the
Inspector General to be necessary for the operation of the
Office, and shall provide necessary maintenance services for
such office space and the equipment and facilities located
therein.
(e) Transfer of Functions.--
(1) Transfer.--To the extent that any office or entity in
the Capitol Police prior to the appointment of the first
Inspector General under this section carried out any of the
duties and responsibilities assigned to the Inspector General
under this section, the functions of such office or entity shall
be transferred to the Office upon the appointment of the first
Inspector General under this section.
(2) No reduction in pay or benefits.--The transfer of the
functions of an office or entity to the Office under paragraph
(1) may not result in a reduction in the pay or benefits of any
employee of the office or entity, except to the extent required
under subsection (d)(2)(A).
(f) Effective Date.--This section shall be effective upon enactment
of this Act.
(g) Conforming Amendment.--Section 108(b)(2)(D) of the Legislative
Branch Appropriations Act, 2001, Public Law 106-554 (2 U.S.C.
1903(b)(2)(D)) is amended to read as follows:
``(D) Prepare annual financial statements for the
Capitol Police, and such financial statements shall be
audited by the Inspector General of the Capitol Police
or by an independent public accountant, as determined by
the Inspector General.''.
Sec. 1005. <<NOTE: 2 USC 1910.>> Report of Disbursements. (a) In
General.--Not later than 60 days after the last day of each semiannual
period, the Chief of the Capitol Police shall submit to Congress, with
respect to that period, a detailed, itemized report of the disbursements
for the operations of the United States Capitol Police.
(b) Contents.--The report required by subsection (a) shall include--
(1) the name of each person or entity who receives a payment
from the Capitol Police and the amount thereof;
(2) a description of any service rendered to the Capitol
Police, together with service dates;
(3) a statement of all amounts appropriated to, or received
or expended by, the Capitol Police and any unexpended balances
of such amounts for any open fiscal year; and
(4) such additional information as may be required by
regulation of the Committee on House Administration of the
[[Page 119 STAT. 576]]
House of Representatives or the Committee on Rules and
Administration of the Senate.
(c) Printing.--Each report under this section shall be printed as a
House document.
(d) <<NOTE: Applicability.>> Effective Date.--This section shall
apply with respect to the semiannual periods of October 1 through March
31 and April 1 through September 30 of each year, beginning with the
semiannual period in which this section is enacted.
Sec. 1006. Capitol Police and Transfer of Library of Congress
Police. (a) Limitation On Certain Hiring Authority of Capitol Police.--
Section 1006(b)(3) of the Legislative Branch Appropriations Act, 2004
(Public Law 108-83; 117 Stat. 1023), as amended by section 1002 of the
Legislative Branch Appropriations Act, 2005 (2 U.S.C. 1901 note; Public
Law 108-447; 118 Stat. 3179), is further amended by adding after
subparagraph (D), the following:
``(E) Limitation for fiscal year 2006.--During
fiscal year 2006, 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 2005 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 2006.''.
(b) Memorandum of Understanding.--The Memorandum of Understanding
between the Library of Congress and the Capitol Police entered into on
December 12, 2004, shall remain in effect through fiscal year 2006,
subject to such modifications as may be made in accordance with the
modification and dispute resolution provisions of the Memorandum of
Understanding.
Sec. 1007. (a) Waiving Repayment of Certain Overtime Compensation
Paid Incorrectly.--Except as provided in subsection (b), any individual
to whom overtime compensation was paid under section 1009 of the
Legislative Branch Appropriations Act, 2003 (Public Law 108-7; 117 Stat.
359), in violation of the restrictions applicable to the payment of such
compensation under section 1009(b) of such Act shall not be required to
repay the compensation, but only to the extent the compensation was paid
for services provided prior to June 15, 2005.
(b) Exception.--Subsection (a) shall not apply with respect to any
officer or employee of the United States Capitol Police whose annual
rate of pay is specified in statute and is not established under the
schedule of rates of basic pay established and maintained by the Capitol
Police Board.
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), $3,112,000, of which $780,000 shall remain available until
September 30, 2007: Provided, That the Executive
[[Page 119 STAT. 577]]
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: Provided further, That
not more than $500 may be expended on the certification of the Executive
Director of the Office of Compliance in connection with official
representation and reception expenses.
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, $35,450,000.
Administrative Provision
Sec. 1100. (a) Permitting Waiver of Claims For Overpayment of Pay
and Allowances.--Section 5584(g) of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by inserting immediately after paragraph (6) the
following new paragraph:
``(7) the Congressional Budget Office.''.
(b) <<NOTE: 5 USC 5584 note.>> Effective Date.--The amendments made
by this section shall apply with respect to fiscal year 2006 and each
succeeding fiscal year.
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 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, $76,812,000.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $23,352,000, of which $8,300,000 shall remain available
until September 30, 2010.
[[Page 119 STAT. 578]]
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, $7,511,000.
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,
$67,004,000, of which $15,745,000 shall remain available until September
30, 2010.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $59,616,000, of which $20,922,000 shall
remain available until September 30, 2010.
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, $58,685,000, of which $1,600,000 shall remain available
until September 30, 2010: Provided, That not more than $6,600,000 of the
funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2006.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$68,763,000, of which $42,500,000 shall remain available until September
30, 2010.
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,
$14,902,000, of which $5,000,000 shall remain available until September
30, 2010.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds,
[[Page 119 STAT. 579]]
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, $7,633,000: Provided, That this
appropriation shall not be available for construction of the National
Garden: Provided further, That of the amount made available under this
heading, the Architect may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the National Garden
established under section 307E of the Legislative Branch Appropriations
Act, 1989 (2 U.S.C. 2146), upon vouchers approved by the Architect or a
duly authorized designee.
Capitol Visitor Center
For an additional amount for the Capitol Visitor Center project,
$41,900,000, to remain available until expended, and in addition,
$2,300,000 for Capitol Visitor Center operation costs: Provided, That
the Architect of the Capitol may not obligate any of the funds which are
made available for the Capitol Visitor Center project without an
obligation plan approved by the Committees on Appropriations of the
Senate and House of Representatives.
Administrative Provisions
Sec. 1201. (a) Section 108 of the Legislative Branch Appropriations
Act, 1991 (2 U.S.C. 1849), is amended in subsection (b), by striking ``8
positions'' and inserting ``9 positions''.
(b) <<NOTE: Applicability. 2 USC 1849 note.>> The amendment made by
subsection (a) shall apply with respect to pay periods beginning on or
after the date of the enactment of this Act.
Sec. 1202. (a) Section 905 of the 2002 Supplemental Appropriations
Act for Further Recovery From and Response To Terrorist Attacks on the
United States (2 U.S.C. 1819) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) In the case of a building or facility acquired through
purchase pursuant to subsection (a), the Architect of the Capitol may
enter into or assume a lease with another person for the use of any
portion of the building or facility that the Architect of the Capitol
determines is not required to be used to carry out the purposes of this
section, subject to the approval of the entity which approved the
acquisition of such building or facility under subsection (b).''.
(b) <<NOTE: Applicability. 2 USC 1819 note.>> The amendments made by
subsection (a) shall apply with respect to leases entered into on or
after the date of the enactment of this Act.
LIBRARY OF CONGRESS
Salaries and Expenses
(including rescission of funds)
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
[[Page 119 STAT. 580]]
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,
$395,754,000, of which not more than $6,000,000 shall be derived from
collections credited to this appropriation during fiscal year 2006, 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 2006 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 $6,350,000: Provided further, That of the
total amount appropriated, $13,972,000 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, $5,860,000 shall remain available until expended for the
digital collections and educational curricula program under section 1306
of this Act: Provided further, That of the total amount appropriated,
$600,000 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, $11,078,000 shall remain available until expended for
partial support of the National Audio-Visual Conservation Center:
Provided further, That of the total amount appropriated, $250,000 shall
be used to provide a grant to the Middle Eastern Text Initiative for
translation and publishing of middle eastern text: Provided further,
That no funds made available under this heading may be expended
inconsistently with the provisions and intent of section 1006 of the
Legislative Branch Appropriations Act, 2004 (Public Law 108-83), as
amended, and the memorandum of understanding between the Library of
Congress and the Capitol Police entered into on December 12, 2004:
Provided further, That of the total amount appropriated, $300,000 shall
be available to the University of South Carolina for the Cooperative
Preservation and Conservation project for the Movietone Newsreel
collection: Provided further, That of the total amount appropriated,
$400,000 shall be available to the University of Mississippi American
Music Archives: Provided further, That of the amounts made available
under this heading
[[Page 119 STAT. 581]]
in chapter 9 of division A of the Miscellaneous Appropriations Act, 2001
(Public Law 106-554; 114 Stat. 2763A-194), $6,858,000 are rescinded.
Copyright Office
salaries and expenses
For necessary expenses of the Copyright Office, $58,601,000, of
which not more than $30,481,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2006 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 $5,465,000 shall be derived from
collections during fiscal year 2006 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 $35,946,000: 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: Provided further, That notwithstanding any
provision of chapter 8 of title 17, United States Code, any amounts made
available under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant to sections 111, 119,
and chapter 10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program.
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,
$100,916,000: 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), $54,449,000,
[[Page 119 STAT. 582]]
of which $16,231,000 shall remain available until expended: Provided,
That of the total amount appropriated, $400,000 shall remain available
until expended to reimburse the National Federation of the Blind for
costs incurred in the operation of its ``NEWSLINE'' program.
Administrative Provisions
Sec. 1301. 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. 1302. Reimbursable and Revolving Fund Activities. (a) In
General.--For fiscal year 2006, the obligational authority of the
Library of Congress for the activities described in subsection (b) may
not exceed $109,943,000.
(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 2006, 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. 1303. 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 by adding at the end ``, except that an amount
not to exceed $10,000,000 of such additional $75,000,000 shall remain
available until expended and may be used for competitive grants to State
governmental entities, without regard to any matching contribution
requirement, to work cooperatively to collect and preserve at-risk
digital State and local government information''.
Sec. 1304. United States Diplomatic Facilities. Funds made available
for the Library of Congress under this Act are available for transfer to
the Department of State as remittance for a fee charged by the
Department for fiscal year 2006 for the maintenance, upgrade, or
construction of United States diplomatic facilities only to the extent
that the amount of the fee so charged is equal to or less than the
unreimbursed value of the services provided during fiscal year 2006 to
the Library of Congress on State Department diplomatic facilities.
Sec. 1305. Parliamentary Development. (a) Section 208 of the
Legislative Branch Appropriations Act, 1996 (Public Law 104-53; 109
Stat. 532), is hereby repealed.
[[Page 119 STAT. 583]]
(b) <<NOTE: Effective date.>> The amendment made by this section
shall take effect on the date of the enactment of this Act or October 1,
2005, whichever occurs earlier.
Sec. 1306. <<NOTE: Library of Congress Digital Collections and
Educational Curricula Act of 2005. 2 USC 184.>> Incorporation of Digital
Collections Into Educational Curricula. (a) Short Title.--This section
may be cited as the ``Library of Congress Digital Collections and
Educational Curricula Act of 2005''.
(b) Program.--The Librarian of Congress shall administer a program
to teach educators and librarians how to incorporate the digital
collections of the Library of Congress into educational curricula.
(c) Educational Consortium.--In administering the program under this
section, the Librarian of Congress may--
(1) establish an educational consortium to support the
program; and
(2) make funds appropriated for the program available to
consortium members, educational institutions, and libraries.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section for
fiscal year 2006 and each fiscal year thereafter.
Sec. 1307. <<NOTE: Library of Congress Inspector General Act of
2005. 2 USC 185.>> Inspector General of the Library of Congress. (a)
Short Title.--This section may be cited as the ``Library of Congress
Inspector General Act of 2005''.
(b) Office of Inspector General.--There is an Office of Inspector
General within the Library of Congress which is an independent objective
office to--
(1) conduct and supervise audits and investigations
(excluding incidents involving violence and personal property)
relating to the Library of Congress;
(2) provide leadership and coordination and recommend
policies to promote economy, efficiency, and effectiveness; and
(3) provide a means of keeping the Librarian of Congress and
the Congress fully and currently informed about problems and
deficiencies relating to the administration and operations of
the Library of Congress.
(c) Appointment of Inspector General; Supervision; Removal.--
(1) Appointment and supervision.--
(A) In general.--There shall be at the head of the
Office of Inspector General, an Inspector General who
shall be appointed by the Librarian of Congress without
regard to political affiliation and solely on the basis
of integrity and demonstrated ability in accounting,
auditing, financial analysis, law, management analysis,
public administration, or investigations. The Inspector
General shall report to, and be under the general
supervision of, the Librarian of Congress.
(B) Audits, investigations, and reports.--The
Librarian of Congress shall have no authority to prevent
or prohibit the Inspector General from--
(i) initiating, carrying out, or completing
any audit or investigation;
(ii) issuing any subpoena during the course of
any audit or investigation; or
(iii) issuing any report.
(2) Removal.--The Inspector General may be removed from
office by the Librarian of Congress. The Librarian of Congress
[[Page 119 STAT. 584]]
shall, promptly upon such removal, communicate in writing the
reasons for any such removal to each House of the Congress.
(d) Duties, Responsibilities, Authority, and Reports.--
(1) <<NOTE: Applicability.>> In general.--Sections 4, 5
(other than subsections (a)(13)), 6(a) (other than paragraphs
(7) and (8) thereof), and 7 of the Inspector General Act of 1978
(5 U.S.C. App.) shall apply to the Inspector General of the
Library of Congress and the Office of such Inspector General and
such sections shall be applied to the Library of Congress and
the Librarian of Congress by substituting--
(A) ``Library of Congress'' for ``establishment'';
and
(B) ``Librarian of Congress'' for ``head of the
establishment''.
(2) Employees.--The Inspector General, in carrying out the
provisions of this section, is authorized to select, appoint,
and employ such officers and employees (including consultants)
as may be necessary for carrying out the functions, powers, and
duties of the Office of Inspector General subject to the
provisions of law governing selections, appointments, and
employment in the Library of Congress.
(e) Transfers.--All functions, personnel, and budget resources of
the Office of Investigations of the Library of Congress are transferred
to the Office of Inspector General.
(f) Incumbent.--The individual who serves in the position of
Inspector General of the Library of Congress on the date of enactment of
this Act shall continue to serve in that position, subject to removal in
accordance with this section.
(g) References.--References in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to the Inspector General of the Library of Congress shall be
deemed to refer to the Inspector General of the Library of Congress as
set forth under this section.
(h) Effective Date.--This section shall be effective upon enactment
of this Act.
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, $88,090,000: 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
[[Page 119 STAT. 585]]
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, $33,337,000: 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 2004 and 2005 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
For payment to the Government Printing Office Revolving Fund,
$2,000,000 for workforce retraining: Provided, That the Government
Printing Office may make such expenditures, within the limits of funds
available and in accordance with 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 further, 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
[[Page 119 STAT. 586]]
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.
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
sections 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, $482,395,000: Provided, That not more than $5,104,000
of payments received under section 782 of title 31, United States Code,
shall be available for use in fiscal year 2006: Provided further, That
not more than $2,061,000 of reimbursements received under section 9105
of title 31, United States Code, shall be available for use in fiscal
year 2006: 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.
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 under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$14,000,000.
[[Page 119 STAT. 587]]
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2 U.S.C.
1105), $430,000.
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
2006 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. <<NOTE: Contracts. Public information.>> 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 of 1995 (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. Landscape Maintenance. 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
[[Page 119 STAT. 588]]
the west, Square 582 on the south, and the beginning of the I-395 tunnel
on the southeast.
Sec. 208. 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.
TITLE III--CONTINUITY IN REPRESENTATION
Sec. 301. Section 26 of the Revised Statutes of the United States (2
U.S.C. 8) is amended--
(1) by striking ``The time'' and inserting ``(a) In
General.--Except as provided in subsection (b), the time''; and
(2) by adding at the end the following new subsection:
``(b) Special Rules in Extraordinary Circumstances.--
``(1) In general.--In extraordinary circumstances, the
executive authority of any State in which a vacancy exists in
its representation in the House of Representatives shall issue a
writ of election to fill such vacancy by special election.
``(2) <<NOTE: Deadline.>> Timing of special election.--A
special election held under this subsection to fill a vacancy
shall take place not later than 49 days after the Speaker of the
House of Representatives announces that the vacancy exists,
unless, during the 75-day period which begins on the date of the
announcement of the vacancy--
``(A) a regularly scheduled general election for the
office involved is to be held; or
``(B) another special election for the office
involved is to be held, pursuant to a writ for a special
election issued by the chief executive of the State
prior to the date of the announcement of the vacancy.
``(3) Nominations by parties.--If a special election is to
be held under this subsection, the determination of the
candidates who will run in such election shall be made--
``(A) <<NOTE: Deadline.>> by nominations made not
later than 10 days after the Speaker announces that the
vacancy exists by the political parties of the State
that are authorized by State law to nominate candidates
for the election; or
``(B) by any other method the State considers
appropriate, including holding primary elections, that
will ensure that the State will hold the special
election within the deadline required under paragraph
(2).
``(4) Extraordinary circumstances.--
``(A) In general.--In this subsection,
`extraordinary circumstances' occur when the Speaker of
the House of Representatives announces that vacancies in
the representation from the States in the House exceed
100.
``(B) <<NOTE: Applicability.>> Judicial review.--If
any action is brought for declaratory or injunctive
relief to challenge an announcement made under
subparagraph (A), the following rules shall apply:
``(i) <<NOTE: Deadline.>> Not later than 2
days after the announcement, the action shall be
filed in the United States District Court having
jurisdiction in the district of the Member of the
House of Representatives whose seat has been
announced to be vacant and shall be heard by a 3-
[[Page 119 STAT. 589]]
judge court convened pursuant to section 2284 of
title 28, United States Code.
``(ii) <<NOTE: Records.>> A copy of the
complaint shall be delivered promptly to the Clerk
of the House of Representatives.
``(iii) A final decision in the action shall
be made within 3 days of the filing of such action
and shall not be reviewable.
``(iv) The executive authority of the State
that contains the district of the Member of the
House of Representatives whose seat has been
announced to be vacant shall have the right to
intervene either in support of or opposition to
the position of a party to the case regarding the
announcement of such vacancy.
``(5) Protecting ability of absent military and overseas
voters to participate in special elections.--
``(A) Deadline for transmittal of absentee
ballots.--In conducting a special election held under
this subsection to fill a vacancy in its representation,
the State shall ensure to the greatest extent
practicable (including through the use of electronic
means) that absentee ballots for the election are
transmitted to absent uniformed services voters and
overseas voters (as such terms are defined in the
Uniformed and Overseas Citizens Absentee Voting Act) not
later than 15 days after the Speaker of the House of
Representatives announces that the vacancy exists.
``(B) <<NOTE: Deadline.>> Period for ballot transit
time.--Notwithstanding the deadlines referred to in
paragraphs (2) and (3), in the case of an individual who
is an absent uniformed services voter or an overseas
voter (as such terms are defined in the Uniformed and
Overseas Citizens Absentee Voting Act), a State shall
accept and process any otherwise valid ballot or other
election material from the voter so long as the ballot
or other material is received by the appropriate State
election official not later than 45 days after the State
transmits the ballot or other material to the voter.
``(6) Application to district of columbia and territories.--
This subsection shall apply--
``(A) to a Delegate or Resident Commissioner to the
Congress in the same manner as it applies to a Member of
the House of Representatives; and
``(B) to the District of Columbia, the Commonwealth
of Puerto Rico, American Samoa, Guam, and the United
States Virgin Islands in the same manner as it applies
to a State, except that a vacancy in the representation
from any such jurisdiction in the House shall not be
taken into account by the Speaker in determining whether
vacancies in the representation from the States in the
House exceed 100 for purposes of paragraph (4)(A).
``(7) Rule of construction regarding federal election
laws.--Nothing in this subsection may be construed to affect the
application to special elections under this subsection of any
Federal law governing the administration of elections for
Federal office (including any law providing for the enforcement
of any such law), including, but not limited to, the following:
``(A) The Voting Rights Act of 1965 (42 U.S.C. 1973
et seq.), as amended.
[[Page 119 STAT. 590]]
``(B) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.), as amended.
``(C) The Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.), as amended.
``(D) The National Voter Registration Act of 1993
(42 U.S.C. 1973gg et seq.), as amended.
``(E) The Americans With Disabilities Act of 1990
(42 U.S.C. 12101 et seq.), as amended.
``(F) The Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.), as amended.
``(G) The Help America Vote Act of 2002 (42 U.S.C.
15301 et seq.), as amended.''.
This Act may be cited as the ``Legislative Branch Appropriations
Act, 2006''.
Approved August 2, 2005.
LEGISLATIVE HISTORY--H.R. 2985:
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HOUSE REPORTS: Nos. 109-139 (Comm. on Appropriations) and 109-189
(Comm. of Conference).
SENATE REPORTS: No. 109-89 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 22, considered and passed House.
June 30, considered and passed Senate, amended.
July 28, House agreed to conference report.
July 29, Senate agreed to conference report.
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