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[House Report 111-569]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-569

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  TO IMPROVE THE OPERATION OF CERTAIN FACILITIES AND PROGRAMS OF THE 
            HOUSE OF REPRESENTATIVES, AND FOR OTHER PURPOSES

                                _______
                                

 July 27, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Brady of Pennsylvania, from the Committee on House Administration, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5682]

    The Committee on House Administration, to whom was referred 
the bill (H.R. 5682) to improve the operation of certain 
facilities and programs of the House of Representatives, and 
for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                 Purpose and Summary of the Legislation

    The Rules of the House of Representatives impose the 
responsibility for overseeing the operation of the institution 
upon the Committee on House Administration.
    The Committee recommends enactment of H.R. 5682, designed 
to improve the operation of certain House facilities and 
programs, as described below. The bill proposes three 
unrelated, substantive changes and the Committee knows of no 
controversy with any provision. H.R. 5682 would affect only the 
House. The Committee anticipates that, under longstanding 
practice, the Senate will quickly clear the bill for the 
President on grounds of comity.

                        COMMITTEE CONSIDERATION

    On July 14, 2010, the Committee considered H.R. 5682, which 
was introduced on July 1, 2010, by Chairman Robert A. Brady of 
Pennsylvania. By voice vote, the Committee ordered H.R. 5682 
favorably reported to the House, without amendment. No 
amendments were offered and no recorded votes were taken during 
the Committee's consideration of the bill.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Access to House staff fitness facility for active duty Armed 
        Forces personnel assigned to Congressional Liaison Office

    This section authorizes the House staff fitness facility to 
offer memberships to active-duty military personnel serving in 
congressional-liaison offices located in the House office 
buildings in the same manner as to House employees.
    The Committee is aware that the Legislative Branch 
Appropriations Act, 2010 (Pub. L. 111-68), included a provision 
(Sec. 103) extending this benefit, but only for fiscal year 
2010. We agree as to the merits of that provision. We are aware 
of capacity constraints and acknowledge that extending 
membership to active-duty military liaison personnel assigned 
to the House buildings constitutes the only exception to the 
rule heretofore limiting the fitness center to House employees. 
The Committee believes that the small increase in potential 
membership permitted by H.R. 5682 will not noticeably strain 
center capacity, but directs the Chief Administrative Officer 
to advise the Committee immediately if he should ever 
determines otherwise.

Section 2. Revolving fund for House Child Care Center

    The House Chief Administrative Officer requested this 
provision to ease administrative burdens on his staff.
    The account established for the House of Representatives 
Child Care Center by the Legislative Branch Appropriations Act, 
1992, is not a true revolving fund. As a result, the Chief 
Administrative Officer must every year seek approval to 
transfer the account's unobligated balances forward to the 
Center for use for the following year and work with the 
Treasury staff to effectuate what has become an annual ritual.
    The Committee accepts the CAO's representation that 
converting the present account into a true revolving fund will 
streamline the accounting and recordkeeping process for the 
House and for the Treasury with no adverse effect on the 
Center's management, staff, or the children. At the request of 
the Appropriations Committee, section 2 includes a transfer 
into the new HRCCC Revolving Fund of any balance in the 
existing House Services Revolving Fund that may have been 
dedicated to the HRCCC's use.

Section 3. Miscellaneous technical correction

    Section 3 contains two unrelated corrections to prior 
legislation. Subsection (a) conforms a 1902 provision (2 U.S.C. 
Sec. 2012) to the post-1995 arrangement placing responsibility 
for House furniture on the Chief Administrative Officer rather 
than the Architect of the Capitol. Subsection (b) corrects a 
simple error made during the drafting of Public Law 111-145 
enacted earlier this year.

             Matters Required Under the Rules of the House

Constitutional authority

    Clause 3(d)(1) of House Rule XIII requires each committee 
report on a public bill or joint resolution to include a 
statement citing the specific constitutional power(s) granted 
to the Congress on which the Committee relies for enactment of 
the measure under consideration.
    The Committee cites the legislative power granted broadly 
by Article I. Sections 1 and 2 of H.R. 5682 relate to services 
that the House has determined it needs to support the execution 
of its Article I legislative powers. Section 3 of the bill 
constitutes a further exercise of Article I legislative power 
to enact corrections to previous laws.

Committee votes

    Clause 3(b) of House Rule XIII requires the results of each 
recorded vote on an amendment or motion to report, together 
with the names of those voting for and against, to be printed 
in the committee report. No recorded votes were taken during 
the Committee's consideration of H.R. 5682.

Congressional Budget Office estimate

    Clause 3(c)(3) of House Rule XIII requires the report of a 
committee on a measure which has been approved by the committee 
to include a cost estimate prepared by the Director of the 
Congressional Budget Office pursuant to section 402 of the CBA, 
if timely submitted. No CBO cost estimate was received on H.R. 
5682.

Federal mandates

    Section 423 of the CBA requires a committee report on any 
public bill or joint resolution that includes a federal mandate 
to include specific information about such mandates. The 
Committee states that H.R. 5682 imposes no federal mandates.

Preemption clarification

    Section 423 of the CBA requires a committee report on any 
public bill or joint resolution to include a committee 
statement on the extent to which the measure is intended to 
preempt state or local law. The Committee states that H.R. 5682 
is not intended to preempt any state or local law.

Oversight findings

    Clause 3(c)(1) of rule XIII requires each committee report 
to contain oversight findings and recommendations required 
pursuant to clause 2(b)(1) of House Rule X. The Committee has 
general oversight responsibility for the House of 
Representatives.
    In the exercise of its oversight of the House, the 
Committee finds that the policy changes proposed in sections 1 
and 2 of the bill and the technical corrections made in section 
3 will improve the operation of House offices and functions.

Statement of general performance goals and objectives

    Clause 3(c)(4) of House Rule XIII requires committee 
reports to include a statement of general performance goals and 
objectives for which the measure authorizes funding. H.R. 5682 
authorizes no appropriations. The Committee believes that 
enactment of H.R. 5682 will advance the Congress' goal of 
improving day-to-day administration of the House.

Congressional ``earmarks''

    Clause 9(a)(1) of House Rule XXI requires committee reports 
on public bills and resolutions to contain an identification of 
congressional ``earmarks,'' limited tax benefits, limited 
tariff benefits, and the names of the requesting Member(s). The 
bill contains no such items either as introduced or as reported 
to the House.

Congressional Accountability Act applicability

    Section 102(b)(3) of the Congressional Accountability Act 
of 1995 (Pub. L. 104-1) requires each report on a public bill 
or joint resolution relating to terms and conditions of 
employment or access to public services or accommodations to 
describe the manner in which the legislation applies to the 
Legislative Branch. H.R. 5682 makes no change to the terms and 
conditions of employment, access to public services or 
accommodations in the Legislative Branch.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

     SECTION 312 OF THE LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1992

  Sec. 312. (a) * * *

           *       *       *       *       *       *       *

  (d)[(1) There is established an account which, subject to 
appropriation, and except as provided in paragraphs (2) and 
(3), shall be the exclusive source for all salaries and 
expenses for activities carried out under this section. The 
Chief Administrative Officer shall deposit in the account any 
amounts received under subsection (c).]
  (1) There is established in the Treasury of the United States 
a revolving fund for the House of Representatives to be known 
as the ``House Child Care Center Revolving Fund'' (hereafter in 
this section referred to as the ``Fund''), consisting of the 
amounts received under subsection (c) and any other funds 
deposited by the Chief Administrative Officer of the House of 
Representatives from amounts received by the House of 
Representatives with respect to the operation of the center. 
Except as provided in paragraphs (2) and (3), the Fund shall be 
the exclusive source for all salaries and expenses for 
activities carried out under this section.

           *       *       *       *       *       *       *

  (e) The Fund shall be treated as a category of allowances and 
expenses for purposes of section 101(a) of the Legislative 
Branch Appropriations Act, 1993 (2 U.S.C. 95b(a)).
  [(e)] (f) As used in this section--
          (1) * * *

           *       *       *       *       *       *       *

                              ----------                              

                         ACT OF APRIL 28, 1902

     CHAP. 594.--An Act Making appropriations for the legislative, 
executive, and judicial expenses of the Government for the fiscal year 
   ending June thirtieth, nineteen hundred and three, and for other 
                               purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums be, and the same are hereby, appropriated, out 
of any money in the Treasury not otherwise appropriated, in 
full compensation for the service of the fiscal year ending 
June thirtieth, nineteen hundred and three, for the objects 
hereinafter expressed, namely:

LEGISLATIVE.

           *       *       *       *       *       *       *

HOUSE OF REPRESENTATIVES.

           *       *       *       *       *       *       *

  Under Superintendent of the Capitol Building and Grounds: * * 
*
  [Hereafter the Superintendent of the Capitol Building and 
Grounds shall supervise and direct the care and repair of all 
furniture in the Hall, cloakrooms, lobby, committee rooms, and 
offices of the House, and all furniture hereafter required for 
the House of Representatives or for any of its committee rooms 
or offices shall be procured on designs and specifications made 
or approved by the said Superintendent.]
  The Chief Administrative Officer of the House of 
Representatives shall supervise and direct the care and repair 
of all furniture in the Hall, cloakrooms, lobby, committee 
rooms, and offices of the House, and all furniture required for 
the House of Representatives or for any of its committee rooms 
or offices shall be procured on designs and specifications made 
or approved by the Chief Administrative Officer.

           *       *       *       *       *       *       *

                              ----------                              

        SECTION 3 OF HOUSE RESOLUTION 661, NINETY-FIFTH CONGRESS

(agreed to July 29, 1977 and enacted into law by section 111 of Public 
                              Law 95-391)

                   COMPENSATION OF CHAPLAIN OF HOUSE

  Sec. 3. Effective May 1, 1977, and until otherwise provided 
by law, the per annum gross rate of compensation of the 
Chaplain of the House of Representatives shall be equal to the 
rate in effect from time to time for HS level 8, step 4, of the 
House Employees Schedule.

                                  
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