PUBLIC LAW 109–55—AUG. 2, 2005 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the Legislative Branch for the fiscal

year ending September 30, 2006, and for other purposes, namely:

TITLE I—LEGISLATIVE 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.

2 USC 60a note.

Legislative

Branch

Appropriations

Act, 2006.

Aug. 2, 2005

[H.R. 2985]

119 STAT. 566 PUBLIC LAW 109–55—AUG. 2, 2005

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.

PUBLIC LAW 109–55—AUG. 2, 2005 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.

119 STAT. 568 PUBLIC LAW 109–55—AUG. 2, 2005

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, 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. 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,

Applicability.

2 USC 61h–6

note.

2 USC 61–1 and

note.

PUBLIC LAW 109–55—AUG. 2, 2005 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;

119 STAT. 570 PUBLIC LAW 109–55—AUG. 2, 2005

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:

PUBLIC LAW 109–55—AUG. 2, 2005 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

119 STAT. 572 PUBLIC LAW 109–55—AUG. 2, 2005

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. 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) 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) 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. 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

2 USC 1909.

Applicability.

5 USC app. 103

note.

Deadline.

2 USC 1980.

PUBLIC LAW 109–55—AUG. 2, 2005 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

119 STAT. 574 PUBLIC LAW 109–55—AUG. 2, 2005

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

PUBLIC LAW 109–55—AUG. 2, 2005 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. 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

2 USC 1910.

119 STAT. 576 PUBLIC LAW 109–55—AUG. 2, 2005

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) 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 CON- GRESS 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 COM- PENSATION 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

Applicability.

PUBLIC LAW 109–55—AUG. 2, 2005 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) 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.

5 USC 5584 note.

119 STAT. 578 PUBLIC LAW 109–55—AUG. 2, 2005

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 oper- ation 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,

PUBLIC LAW 109–55—AUG. 2, 2005 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) 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) 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

Applicability.

2 USC 1819 note.

Applicability.

2 USC 1849 note.

119 STAT. 580 PUBLIC LAW 109–55—AUG. 2, 2005

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

PUBLIC LAW 109–55—AUG. 2, 2005 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,

119 STAT. 582 PUBLIC LAW 109–55—AUG. 2, 2005

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.

PUBLIC LAW 109–55—AUG. 2, 2005 119 STAT. 583

(b) 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. INCORPORATION OF DIGITAL COLLECTIONS INTO EDU- CATIONAL 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. 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

Library of

Congress

Inspector

General Act

of 2005.

2 USC 185.

Library of

Congress Digital

Collections and

Educational

Curricula Act

of 2005.

2 USC 184.

Effective date.

119 STAT. 584 PUBLIC LAW 109–55—AUG. 2, 2005

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) 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

Applicability.

PUBLIC LAW 109–55—AUG. 2, 2005 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

119 STAT. 586 PUBLIC LAW 109–55—AUG. 2, 2005

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.

PUBLIC LAW 109–55—AUG. 2, 2005 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. 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

Contracts.

Public

information.

119 STAT. 588 PUBLIC LAW 109–55—AUG. 2, 2005

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) 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) 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) 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) 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-

Deadline.

Applicability.

Deadline.

Deadline.

PUBLIC LAW 109–55—AUG. 2, 2005 119 STAT. 589

judge court convened pursuant to section 2284 of title

28, United States Code.

‘‘(ii) 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 OVER- SEAS 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) 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.

Deadline.

Records.

119 STAT. 590 PUBLIC LAW 109–55—AUG. 2, 2005

LEGISLATIVE HISTORY—H.R. 2985:

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.

Æ

‘‘(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.