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main unobligated as of the date of the enactment of this
Act (other than any amounts provided to the House of
Representatives or Senate), shall be transferred to the
Capitol Police Board, who shall transfer to the affected
entities of the legislative branch such amounts as the Cap-
itol Police Board considers appropriate, with prior notifi-
cation to the Committees on Appropriations of the House
of Representatives and Senate.
HOUSE OF REPRESENTATIVES
ADMINISTRATIVE PROVISIONS
SEC. 801. (a) ACQUISITION OF BUILDINGS AND FA-
CILITIES.—Notwithstanding any other provision of law, in
order to respond to an emergency situation, the Chief Ad-
ministrative Officer of the House of Representatives may
acquire buildings and facilities, subject to the availability
of appropriations, for the use of the House of Representa-
tives by lease, purchase, or such other arrangement as the
Chief Administrative Officer considers appropriate (in-
cluding a memorandum of understanding with the head
of an Executive Agency, as defined in section 105 of title
5, United States Code, in the case of a building or facility
under the control of such Agency), subject to the approval
of the House Office Building Commission.
(b) AGREEMENTS.—Notwithstanding any other pro-
vision of law, for purposes of carrying out subsection (a),
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the Chief Administrative Officer may carry out such ac-
tivities and enter into such agreements related to the use
of any building or facility acquired pursuant to such sub-
section as the Chief Administrative Officer considers ap-
propriate, including—
(1) agreements with the United States Capitol
Police or any other entity relating to the policing of
such building or facility; and
(2) agreements with the Architect of the Cap-
itol or any other entity relating to the care and
maintenance of such building or facility.
(c) AUTHORITY OF CAPITOL POLICE AND ARCHI-
TECT.—
(1) ARCHITECT
OF
THE
CAPITOL.—Notwith-
standing any other provision of law, the Architect of
the Capitol may take any action necessary to carry
out an agreement entered into with the Chief Ad-
ministrative Officer pursuant to subsection (b).
(2) CAPITOL POLICE.—Section 9 of the Act of
July 31, 1946 (40 U.S.C. 212a) is amended—
(A) by striking ‘‘The Capitol Police’’ and
inserting ‘‘(a) The Capitol Police’’; and
(B) by adding at the end the following new
subsection:
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‘‘(b) For purposes of this section, ‘the United States
Capitol Buildings and Grounds’ shall include any building
or facility acquired by the Chief Administrative Officer of
the House of Representatives for the use of the House
of Representatives for which the Chief Administrative Of-
ficer has entered into an agreement with the United States
Capitol Police for the policing of the building or facility.’’.
(d) TRANSFER OF CERTAIN FUNDS.—Subject to the
approval of the Committee on Appropriations of the House
of Representatives, the Architect of the Capitol may trans-
fer to the Chief Administrative Officer amounts made
available to the Architect for necessary expenses for the
maintenance, care and operation of the House office build-
ings during a fiscal year in order to cover any portion of
the costs incurred by the Chief Administrative Officer dur-
ing the year in acquiring a building or facility pursuant
to subsection (a).
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to fis-
cal year 2002 and each succeeding fiscal year.
SEC. 802. (a) Notwithstanding any other provision
of law—
(1) subject to subsection (b), the Chief Admin-
istrative Officer of the House of Representatives and
the head of an Executive Agency (as defined in sec-
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tion 105 of title 5, United States Code) may enter
into a memorandum of understanding under which
the Agency may provide facilities, equipment, sup-
plies, personnel, and other support services for the
use of the House of Representatives during an emer-
gency situation; and
(2) the Chief Administrative Officer and the
head of the Agency may take any action necessary
to carry out the terms of the memorandum of under-
standing.
(b) The Chief Administrative Officer of the House of
Representatives may not enter into a memorandum of un-
derstanding described in subsection (a)(1) without the ap-
proval of the Speaker of the House of Representatives.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
SEC. 803. (a) There is established in the House of
Representatives an office to be known as the House of
Representatives Office of Emergency Planning, Prepared-
ness, and Operations. The Office shall be responsible for
mitigation and preparedness operations, crisis manage-
ment and response, resource services, and recovery oper-
ations.
(b) There is established the House of Representatives
Continuity of Operations Board, comprised of the Clerk,
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the Sergeant-at-Arms, and the Chief Administrative Offi-
cer of the House of Representatives. The Clerk shall be
the Chairman of the Board.
(c) The Board—
(1) shall appoint and set the annual rate of pay
for employees of the Office, including a Director,
who shall be the head of the Office and shall carry
out the day-to-day operations of the Office under the
supervision of the Board;
(2) shall exercise, with respect to any employee
of the Office, the authority referred to in section
8344(k)(2)(B) of title 5, United States Code, and
the authority referred to in section 8468(h)(2)(B) of
title 5, United States Code;
(3) shall approve procurement of services of ex-
perts and consultants by the Office or by committees
or other entities of the House of Representatives for
assignment to the Office; and
(4) may request the head of any Federal de-
partment or agency to detail to the Office, on a re-
imbursable basis, any of the personnel of the depart-
ment or agency.
(d) Until otherwise provided by law, funds shall be
available for the Office from amounts appropriated for the
operations of the House of Representatives.
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(e) This section shall take effect on the date of the
enactment of this Act and shall apply to fiscal years begin-
ning with fiscal year 2002.
OTHER LEGISLATIVE BRANCH
ADMINISTRATIVE PROVISIONS
SEC. 804. (a) Section 1(c) of Public Law 96–152 (40
U.S.C. 206–1) is amended by striking ‘‘but not to exceed’’
and all that follows and inserting the following: ‘‘but not
to exceed $2,500 less than the lesser of the annual salary
for the Sergeant at Arms of the House of Representatives
or the annual salary for the Sergeant at Arms and Door-
keeper of the Senate.’’.
(b) The Assistant Chief of the Capitol Police shall
receive compensation at a rate determined by the Capitol
Police Board, but not to exceed $1,000 less than the an-
nual salary for the chief of the United States Capitol Po-
lice.
(c) This section and the amendment made by this sec-
tion shall apply with respect to pay periods beginning on
or after the date of the enactment of this Act.
SEC. 805. In addition to the authority provided under
section 121 of the Legislative Branch Appropriations Act,
2002, at any time on or after the date of the enactment
of this Act, the Capitol Police Board may accept contribu-
tions of recreational, comfort, and other incidental items
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and services to support officers and employees of the
United States Capitol Police while such officers and em-
ployees are on duty in response to emergencies involving
the safety of human life or the protection of property.
SEC. 806. (a) Section 9 of the Act of July 31, 1946
(40 U.S.C. 212a) is amended by adding at the end the
following new subsection:
‘‘(c)(1) For purposes of this section, ‘the United
States Capitol Buildings and Grounds’ shall include all
buildings and grounds of the United States Botanic Gar-
den, including the National Garden and Bartholdi Park.
‘‘(2) For purposes of this section, the Joint Com-
mittee on the Library may suspend the application of sec-
tion 4 of this Act to the buildings and grounds described
in paragraph (1) in order to promote the interests of the
United States Botanic Garden.’’.
(b) The amendment made by subsection (a) shall
apply with respect to fiscal year 2002 and each succeeding
fiscal year.
SEC. 807. (a) ASSISTANCE FOR CAPITOL POLICE
FROM EXECUTIVE DEPARTMENTS AND AGENCIES.—Not-
withstanding any other provision of law, Executive depart-
ments and Executive agencies may assist the United
States Capitol Police in the same manner and to the same
extent as such departments and agencies assist the United
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States Secret Service under section 6 of the Presidential
Protection Assistance Act of 1976 (18 U.S.C. 3056 note),
except as may otherwise be provided in this section.
(b) TERMS OF ASSISTANCE.—Assistance under this
section shall be provided—
(1) consistent with the authority of the Capitol
Police under sections 9 and 9A of the Act of July
31, 1946 (40 U.S.C. 212a and 212a–2);
(2) upon the advance written request of—
(A) the Chairman of the Capitol Police
Board, or
(B) in the absence of the Chairman of the
Capitol Police Board—
(i) the Sergeant at Arms and Door-
keeper of the Senate, in the case of any
matter relating to the Senate; or
(ii) the Sergeant at Arms of the
House of Representatives, in the case of
any matter relating to the House; and
(3) either—
(A) on a temporary and reimbursable
basis, or
(B) on a permanent reimbursable basis
upon advance written request of the Chairman
of the Capitol Police Board.
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(c) REPORTS
ON
EXPENDITURES
FOR
ASSIST-
ANCE.—
(1) REPORTS.—With respect to any fiscal year
in which an Executive department or Executive
agency provides assistance under this section, the
head of that department or agency shall submit a re-
port not later than 30 days after the end of the fis-
cal year to the Chairman of the Capitol Police
Board.
(2) CONTENTS.—The report submitted under
paragraph (1) shall contain a detailed account of all
expenditures made by the Executive department or
Executive agency in providing assistance under this
section during the applicable fiscal year.
(3) SUMMARY OF REPORTS.—After receipt of
all reports under paragraph (2) with respect to any
fiscal year, the Chairman of the Capitol Police
Board shall submit a summary of such reports to
the Committees on Appropriations of the Senate and
the House of Representatives.
(d) EFFECTIVE DATE.—This section shall apply with
respect to fiscal year 2002 and each succeeding fiscal year.
SEC. 808. (a) Notwithstanding any other provision
of law, the United States Capitol Preservation Commis-
sion established under section 801 of the Arizona-Idaho
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Conservation Act of 1988 (40 U.S.C. 188a) may transfer
to the Architect of the Capitol amounts in the Capitol
Preservation Fund established under section 803 of such
Act (40 U.S.C. 188a–2) if the amounts are to be used
by the Architect for the planning, engineering, design, or
construction of the Capitol Visitor Center.
(b) Any amounts transferred pursuant to subsection
(a) shall remain available for the use of the Architect of
the Capitol until expended.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
SEC. 809. (a) Section 1 of Public Law 93–180 (40
U.S.C. 166d) is amended—
(1) by striking ‘‘secure, through rental, lease, or
other appropriate agreement, storage space’’ and in-
serting ‘‘acquire, through purchase, lease, or other
appropriate arrangement, property or space’’;
(2) by inserting ‘‘the United States Capitol Po-
lice,’’ after ‘‘Representatives,’’; and
(3) by striking ‘‘as such Commission and com-
mittee may authorize’’ and inserting ‘‘as the Archi-
tect deems reasonable and appropriate’’.
(b) Nothing in the amendment made by subsection
(a) may be construed to affect the authority provided to
the Architect of the Capitol under section 128 of the Leg-
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islative Branch Appropriations Act, 2002, to secure the
property described in such section.
(c) The amendment made by subsection (a) shall
apply with respect to fiscal year 2002 and each succeeding
fiscal year.
SEC. 810. (a) Public Law 107–68 is amended in the
item relating to ‘‘ARCHITECT OF THE CAPITOL—
CAPITOL VISITOR CENTER’’—
(1) by striking ‘‘unassigned space in the’’;
(2) by striking ‘‘for House space’’; and
(3) by striking ‘‘for Senate space’’.
(b) The amendment made by subsection (a) shall take
effect as if included in the enactment of Public Law 107–
68.
SEC. 811. (a) In accordance with the authority de-
scribed in section 308(a) of the Legislative Branch Appro-
priations Act, 1988 (40 U.S.C. 166b–3a(a)), section 108
of the Legislative Branch Appropriations Act, 1991 (40
U.S.C. 166b–3b), as amended by section 129(c)(1) of the
Legislative Branch Appropriations Act, 2002, is amended
by adding at the end the following new subsection:
‘‘(c) The Architect of the Capitol may fix the rate
of basic pay for not more than 4 positions for Executive
Project Directors whose salary is payable from project
funds, at a rate not to exceed 95 percent of the highest
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total rate of pay for the Senior Executive Service under
subchapter VIII of chapter 53 of title 5, United States
Code, for the locality involved.’’.
(b) The amendment made by subsection (a) shall
apply with respect to pay periods beginning on or after
October 1, 2001.
SEC. 812. (a) Public Law 107–68 is amended by add-
ing at the end the following:
‘‘This Act may be cited as the ‘Legislative Branch
Appropriations Act, 2002’.’’.
(b) The amendment made by subsection (a) shall take
effect as if included in the enactment of Public Law 107–
68.
CHAPTER 9
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, ARMY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Mili-
tary Construction, Army’’, $55,700,000, to remain avail-
able until expended: Provided, That these funds shall be
obligated from amounts made available in Public Law
107–38.
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MILITARY CONSTRUCTION, NAVY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Mili-
tary Construction, Navy’’, $2,000,000, to remain available
until expended: Provided, That these funds shall be obli-
gated from amounts made available in Public Law 107–
38.
MILITARY CONSTRUCTION, AIR FORCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Mili-
tary Construction, Air Force’’, $47,700,000, to remain
available until expended: Provided, That these funds shall
be obligated from amounts made available in Public Law
107–38.
GENERAL PROVISIONS—THIS CHAPTER
(INCLUDING TRANSFER OF FUNDS)
SEC. 901. The Secretary of Defense may transfer to
the ‘‘Defense Emergency Response Fund’’ amounts appro-
priated in Military Construction Appropriations Acts only
if the Secretary makes a determination that amounts in
the Fund are insufficient to carry out needed military con-
struction projects. In exercising the transfer authority pro-
vided by this section, the Secretary of Defense shall first
transfer unobligated balances remaining from fiscal year
2001 and earlier fiscal years before transferring any