Legislative Branch Appropriations Act, 2004

(This measure has not been amended since the conference report was filed in the House on September 18, 2003. The summary of that version is repeated here.)

Legislative Branch Appropriations Act, 2004 - Title I: Legislative Branch Appropriations - Makes FY 2004 appropriations for the Senate for: (1) expense allowances; (2) representation allowances for the Majority and Minority Leaders; (3) salaries of specified officers, employees, and committees (including the Committee on Appropriations); (4) agency contributions for employee benefits; (5) inquiries and investigations; (6) the U.S. Senate Caucus on International Narcotics Control; (7) the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate; (8) miscellaneous items; (9) the Senators' Official Personnel and Office Expense Account; and (10) official mail costs.

(Sec. 1) Increases by $50,000 the allowances for administrative and clerical assistance in the offices of Senators.

(Sec. 2) Removes the current cap (a maximum of $100,000 each) on the annual expense allowance of Conferences of the Majority and the Minority.

(Sec. 3) Authorizes the Senate Commission on Art to accept gifts of money and acquire (by gift, purchase, or otherwise) any work of art, historical object, document, or material relating to historical matters, or exhibit, for placement or exhibition in the Senate Wing of the Capitol, the Senate Office Buildings, or in its rooms, spaces, or corridors. Allows the Commission to retain such items for accession to the U.S. Senate Collection or other use or to dispose of them by sale or other transactions.

Repeals Senate Resolution 95, 92d Congress, agreed to April 1, 1971, and enacted into law by Public Law 100-696 (providing additional authority to acquire works of art, historical objects, documents or exhibits for placement or exhibition in the Senate Wing of the Capitol, the Senate Office Buildings, or in its rooms, spaces, or corridors).

Establishes the Curatorial Advisory Board to provide advice and assistance to the Commission on the acquisition, care, and disposition of items for or within the U.S. Senate Collection, and on such other matters as the Commission determines.

Authorizes the Commission, or the chairman and vice chairman acting jointly on behalf of the Commission and after notifying it, to establish one or more additional advisory boards.

Establishes in the Treasury the Senate Preservation Fund to be available to the Commission for the payment of acquisition and transaction costs incurred for such acquisitions, for official activities of the advisory boards, and for any purposes for which funds from the contingent fund of the Senate may be used for conservation, restoration, replication, or replacement of items.

Requires the Library of Congress to provide financial management and disbursing services and support to the Commission as may be required and mutually agreed to by the Librarian of Congress and Executive Secretary of the Commission.

Amends Senate Resolution 382, 90th Congress, as agreed to October 1, 1968, and enacted into law by Public Law 100-696, to make the Majority Leader and Minority Leader of the Senate the chairman and vice chairman of the Commission.

Requires the Secretary of the Senate to appoint (currently, the Commission to select) a Senate Curator approved by the Commission. Requires the Secretary to assign additional employees to assist the Commission, and to provide such other assistance as the Commission determines necessary.

Provides for the use of Senate contingent funds for the purchase of art and historical objects for the U.S. Senate Collection, for exhibits and public education relating to such Collection, and for administrative and transitional expenses of the Commission.

(Sec. 4) Amends the Supplemental Appropriations Act, 1979 and other Federal law to increase the maximum annual expense allowances of: (1) the Office of the Secretary of the Senate and the Office of Sergeant at Arms and Doorkeeper of the Senate for orientation seminars from $10,000 each to $25,000 each; and (2) the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate, and Secretaries for the Majority and Minority from $3,000 each to $6,000.

(Sec. 6) Amends the Supplemental Appropriations Act, 1977 to increase from eight to nine the number of individual consultants the Majority and Minority Leaders may each appoint.

(Sec. 7) Amends Public Law 101-302 to extend through FY 2004 and each fiscal year thereafter, the authorization for the use of certain unexpended and unobligated funds within the Senate contingent fund for expenses of the U.S. Senate Collection.

(Sec. 8) Authorizes the Senate Committee on Rules and Administration to permit the installation of data communication lines and other appropriate Internet connections (not including voice connections) in the private residence of a Senator and up to two staff members designated by a Senator and the majority and minority staff director of a committee for conducting the work of the Senate, subject to Committee guidelines.

(Sec. 9) Authorizes, under certain conditions and on a reimbursable basis, the Sergeant at Arms and Doorkeeper of the Senate to provide services and equipment funded by appropriations available to the Senate to persons and entities not funded by such appropriations.

(Sec. 10) Permits a Senator from a noncontiguous State (including Alaska and Hawaii) to pay a high cost of living allowance to any employee (up to 25 percent of such individual's basic pay) employed in an office of the Senator located in that State. Treats the allowance as part of the employee's basic pay.

Makes FY 2004 appropriations for the House of Representatives for: (1) salaries and/or expenses of the House leadership offices, committees (including the Committee on Appropriations), officers and employees, and the Child Care Center; and (2) Members' representational allowances.

(Sec. 101) Makes amounts appropriated under this Act for Members' Representational Allowances available for FY 2004 only. Requires that amounts remaining after all allowance payments are made for FY 2004 be deposited in the Treasury and used for deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt.

(Sec. 102) Prohibits funds in this Act from being used to provide supplemental dental or vision health insurance benefits for House Members or employees.

(Sec. 103) Establishes the Office of Interparliamentary Affairs in the House to: (1) receive and respond to inquiries from foreign parliamentarians or foreign legislative bodies regarding official visits to the House; (2) coordinate official visits to the House by parliamentarians, officers, or employees of foreign legislative bodies; (3) coordinate with the Sergeant at Arms, the Clerk, and other House officers in providing services for delegations of Members on official visits to foreign nations; (4) discharge and coordinate the House activities and responsibilities in connection with participation in various interparliamentary exchanges and organizations; (5) facilitate the interchange and reception in the United States of members of foreign legislative bodies and permanent officials of foreign governments; and (6) enable the House to host meetings with senior government officials and other dignitaries in order to discuss matters relevant to U.S. relations with other nations.

Makes the head of the Office the Director of Interparliamentary Affairs, appointed by the Speaker without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.

Amends House Resolution 1047, 95th Congress (authorizing payment of expenses incurred by the House Committee on Foreign Relations in connection with visits to the United States by foreign heads of state, and for similar expenses incurred for meetings with senior Federal officials and other dignitaries to discuss foreign relations matters), as enacted into permanent law by the Legislative Branch Appropriations Act, 1979 to reduce the annual maximum amount of such payment from $80,000 to $40,000.

Authorizes appropriations.

(Sec. 104) Amends Federal law to provide that "Member" with respect to the Federal Employees' Retirement System (FERS) not only excludes an individual who irrevocably elects, by written notice to the official by whom such individual is paid, not to participate in FERS but excludes an individual who (in the case of an individual who is a Member of the House, including a Delegate or Resident Commissioner of Congress) serves as a Member before this Act's enactment.

Allows, during the 60-day period which begins on this Act's enactment, any individual who, as of such date, is serving as a Member and on such date is not subject to FERS to elect to do so.

(Sec. 106) Transfers as of FY 2004: (1) three Corrections Calendar Office (CCO) positions and their associated functions to the Speaker's Office; and (2) two CCO positions and their associated functions to the Minority Leader's Office.

Preserves the total number of days of unused sick and annual leave for the transferred individuals.

Requires, as of FY 2004 and each succeeding fiscal year, the lump sum allowance for CCO salaries and expenses provided under House Resolution 130, 105th Congress, agreed to April 24, 1997, as enacted into permanent law by the Legislative Branch Appropriations Act, 1998 to be transferred as follows: (1) 63.5 percent of such allowance to the Office of the Speaker; and (2) 36.5 percent to the Office of the Minority Leader.

Makes FY 2004 appropriations for salaries and/or expenses of: (1) the Joint Congressional Committee on Inaugural Ceremonies of 2005, and the Joint Economic and Taxation Committees; (2) the Office of the Attending Physician; (3) the Capitol Guide Service and Special Services Office; (4) the preparation of statements of appropriations for both the House and the Senate; (5) the Capitol Police; (6) the Office of Compliance; (7) the Congressional Budget Office; (8) the Architect of the Capitol (AOC), including for the care and operation of Capitol buildings and grounds, Senate and House office buildings, the Capitol power plant, the Library of Congress buildings and grounds, the Capitol Police buildings and grounds, the Botanic Garden (provided that this appropriation shall not be available for construction of the National Garden); and (9) the Capitol Visitor Center (including transfer of funds).

(Sec. 1002) Authorizes the General Counsel, the Employment Counsel, and staff attorneys, in order to provide legal assistance and representation to the Board or the Capitol Police, to enter an appearance in any proceeding before any U.S. court (except the U.S. Supreme Court) or of any State or political subdivision, without compliance with any requirement for admission to practice before such court.

(Sec. 1003) Extends the Capitol Police jurisdiction zone for the truck interdiction program to a specified area (including the Mall and the buildings of the Smithsonian Institution) to grant the Capitol Police authority in such zone to make arrests and enforce Federal law: (1) with respect to any crime of violence committed in the presence of a member of the Capitol Police if he or she is in the performance of official duties, as defined under such regulation, when the crime is committed; and (2) to prevent imminent loss of life or injury to person or property, if the officer is in the performance of official duties, as defined under such regulations, when the authority is exercised.

Provides that nothing shall be construed to limit the authority of the Capitol Police as in effect before the effective date of this Act.

(Sec. 1004) Treats a hazardous materials response team member of the Capitol Police as a member of the Capitol Police for purposes of the Civil Service Retirement and Federal Employees' Retirement System laws. Applies this treatment to periods of such service performed on and after December 1, 2002.

Specifies a formula for the amount required to be paid into the Civil Service Retirement and Disability Fund with respect to prior service by an individual who is first appointed as a hazardous materials response team member of the Capitol Police before the effective date of this Act and is employed in such position on that date (incumbent). Reduces the annuity of the incumbent if no part of or less than the required full amount is paid.

Requires the Capitol Police to deposit for the prior service of each incumbent an amount into the Civil Service Retirement and Disability Fund equal to the difference between the Government contributions that were actually made for such prior service and the Government contributions that would have been made had this Act been in effect and interest computed on such amount.

(Sec. 1005) Amends the Legislative Branch Appropriations Act, 2003 to repeal as of February 20, 2003, the requirement that the Chief of the Capitol Police recruit individuals to serve as members of the Capitol Police without regard to the age of the individuals.

(Sec. 1006) States that to provide for a more effective and efficient transfer of Library of Congress Police employees to the Capitol Police force: (1) the Chief shall provide for training, on a reimbursable basis, of such employees who upon enactment of this Act are 42 years of age or less and have five years or less of service as a Library Police employee (excluding any training period); (2) the Librarian of Congress may detail, with or without reimbursement, Library Police employees to the Capitol Police; and (3) the Chief may detail, on a reimbursable basis, members of the Capitol Police to the Library Police.

Prohibits the Librarian from hiring any individual as a Library Police employee or from transferring any Library employee to such position.

Authorizes the Librarian to select individuals to be submitted to the Chief for hiring as Capitol Police. Requires the Chief to hire them if they meet Capitol Police qualifications.

Limits the number of individuals hired during FY 2004 to a total of 23 plus the number of Library Police employees who separate from service or transfer to a position other than a Library Police employee. Requires such hirees to receive necessary training, including training by the Library Police, and to be detailed to such entity.

Declares that nothing under this Act may be construed to affect the Chief's authority, after the transfer date, to assign or reassign any member of the Capitol Police hired under this Act.

(Sec. 1101) Amends the Legislative Branch Appropriations Act, 2002 (the Act) with respect to the prohibition against the use of funds by the AOC to employ individuals within a category of temporary employment which does not provide the same eligibility for life insurance, health insurance, retirement, and other benefits provided to temporary employees hired for a period exceeding one year. Adds to the list of employees for whom such prohibition does not apply. Allows the AOC to use such funds to hire an individual who is covered by a collective bargaining agreement entered into by the AOC establishing terms and conditions of employment which include eligibility for life insurance, health insurance, retirement, and other benefits.

Requires the AOC to make employer contributions for benefits for AOC employees (including temporary employees) directly to any third party designated to receive such contributions on behalf of the employees under a collective bargaining agreement, participation agreement, or any other arrangement entered into by the AOC which provides for such contribution.

(Sec. 1102) Makes funds appropriated to the AOC available: (1) for the leasing of space in areas within the District of Columbia and its environs beyond the boundaries of the U.S. Capitol Grounds to meet space requirements of the Senate, the House, the Capitol Police, and the AOC; and (2) to incur any necessary expense in connection with leasing of such space.

(Sec. 1103) Transfers certain unobligated funds into the AOC account for general administration.

Makes FY 2004 appropriations to: (1) the Library of Congress for salaries and expenses, the Copyright Office, Congressional Research Service, and Books for the Blind and Physically Handicapped; (2) the Government Printing Office (GPO) for congressional printing and binding (including transfer of funds); (3) GPO for the Office of Superintendent of Documents (including transfer of funds); (4) the General Accounting Office for salaries and expenses; (5) the Government Printing Office; and (6) a payment to the Open World Leadership Center Trust Fund.

(Sec. 1202) Reduces (from the FY 2003 level) the obligational authority of the Library for FY 2004 for reimbursable and revolving fund activities funded from sources other than appropriations.

Authorizes the Librarian of Congress to temporarily transfer up to a specified amount of funds appropriated in this Act under the heading "Library of Congress Salaries and Expenses" to the revolving fund for the FEDLINK Program and the Federal Research Program established under the Library of Congress Fiscal Operations Improvement Act of 2000.

(Sec. 1203) Amends Federal law to revise the authorization of the AOC to acquire specified real property and improvements in Culpeper County, Virginia, for use as a national audiovisual conservation center.

(Sec. 1301) Amends Federal law to increase the annual rate of pay for the: (1) Public Printer from level III to level II of the Executive Schedule; and (2) Deputy Public Printer from level IV to level III.

(Sec. 1302) Authorizes the Public Printer to: (1) transfer or donate surplus Government publications and condemned GPO machinery, material, equipment, and supplies to other Federal entities, any nonprofit tax-exempt organization, or State or local governments; and (2) accept voluntary and uncompensated services, notwithstanding Federal limitations.

Prohibits individuals providing voluntary and uncompensated services from being considered Federal employees, except for Federal law purposes with respect to compensation for work injuries and tort claims.

(Sec. 1401) Authorizes the Comptroller General, at any time during FY 2004 or any succeeding fiscal year, to accept payment from the Securities and Exchange Commission for performance of any audit of the Commission's financial statements.

Title II: General Provisions - Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the Legislative Branch Appropriations Act, 2003.

(Sec. 207) Authorizes the AOC 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 the west, Square 582 on the south, and the beginning of the I-395 tunnel on the southeast.

(Sec. 209) Authorizes, during FY 2004 and any succeeding fiscal year, any entity in the legislative branch which is a member of the Federal Accounting Standards Advisory Board to use funds made available to the entity for the fiscal year to finance an appropriate share of the costs of the Board for the year.

Title III: Fiscal Year 2003 Emergency Supplemental - Chapter 1: The Judiciary - Emergency Supplemental Appropriations Act, 2003 - Makes FY 2003 emergency supplemental appropriations for: (1) salaries and expenses of the Courts of Appeals, District courts, and other judicial services; (2) defender services; and (3) fees of Jurors and Commissioners.

Chapter 2: Department of Defense - Civil - Department of the Army - Corps of Engineers - Civil - Makes FY 2003 emergency supplemental appropriations for flood control and coastal emergencies.

Chapter 3: Department of Homeland Security - Emergency Preparedness and Response - Makes FY 2003 emergency supplemental appropriations for disaster relief.

Chapter 4: Department of the Interior and Department of Agriculture - Makes FY 2003 emergency supplemental appropriations to the Bureau of Land Management of the Department of the Interior and to the Forest Service of the Department of Agriculture for wildland fire management (including transfers of funds)

Makes appropriations to the U.S. Fish and Wildlife Service of the Department of the Interior for resource management.

Chapter 5: National Aeronautics and Space Administration - Makes FY 2003 emergency supplemental appropriations to the National Aeronautics and Space Administration for Human Space Flight to cover necessary expenses for responding to the Space Shuttle Columbia accident.

Chapter 6: General Provisions - (Sec. 3601) Prohibits appropriations contained in this Act from remaining available for obligation beyond the current fiscal year unless expressly so provided.

(Sec. 3602) Directs the Secretary of Agriculture to use specified Commodity Credit Corporation funds (to remain available until expended): (1) to provide assistance under the tree assistance program in the Farm Security and Rural Investment Act of 2002, to compensate eligible orchardists for tree losses incurred since January 1, 2000, due to fire blight in Michigan; and (2) for the suppression and control of the Mormon cricket infestation on public and private land in Nevada, Utah, and Idaho.

(Sec. 3604) Deems the managers' statement of the conference committee accompanying H.R. 4577 (Public Law 106-554) to be amended to make amounts currently available to the City of Paso Robles, California, for the Oak Parks Housing Project for modernization and rehabilitation projects to be available to the City, instead, for construction of a senior citizen project.

(Sec. 3605) Deems the referenced statement of the managers in title II (Department of Housing and Urban Development) of Division K (Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003) of the Consolidated Appropriations Resolution, 2003 (Resolution) to be amended to make amounts currently available to the City of White Plains, New York, for an economic development study for the revitalization of Westchester to be available to the City, instead, for the reconstruction of renaissance plaza at Maine and Mamaroneck in downtown White Plains.

(Sec. 3606) States that FY 2003 loan guarantees for mortgage insurance under the Special Risk Insurance Fund and the General Insurance Fund shall not exceed $25 billion.

(Sec. 3607) Allows funds awarded under a grant to the San Diego Workforce Partnership on June 30, 2001, pursuant to the Workforce Investment Act, to be used to provide services to spouses of members of the armed forces.

(Sec. 3608) Amends the Department of Health and Human Services Appropriations Act, 2003, as amended by Public Law 108-11, to: (1) decrease funds appropriated to the Department of Health and Human Services for construction and renovation (including equipment) of health care and other facilities; (2) make funds available for the Muskegon Community Health Project, Muskegon, Michigan, for the Access Health insurance program; (3) make funds available to the Victim Resource Center, Inc., of Pennsylvania, for abstinence education and related services in lieu of the Venago County Area Vo-Tech, Oil City, Pennsylvania, for such purposes; (4) increase the limit on the amount made available to enable the Secretary of Health and Human Services to provide for special projects of regional and national significance, research, and training with respect to maternal and child health and children with special health care needs; and (5) make funds available for Phoenix Children's Health Project in Arizona to address the health needs of extremely vulnerable homeless and runaway youth in underserved rural and urban areas, for the Pittsburgh Mercy Health System, Pittsburgh, Pennsylvania, for health outreach and education, and for the University of Pennsylvania School of Dental Medicine, Philadelphia, Pennsylvania, for its minority outreach oral health initiative.

(Sec. 3610) Decreases the amount made available under the Department of Education Appropriations Act, 2003 for: (1) carrying out the Individuals with Disabilities Education Act; and (2) certain projects and the amount specified for them in the managers' statement accompanying the Resolution.

Amends the managers' statement to shift from "Special Education" to "Rehabilitation Services and Disability Research" the specification of $500,000 for the Ohio Alliance of Community Center for the Deaf, Worthington, Ohio, for Ohio Deaf Assistive Services Model project.

(Sec. 3612) Deems the provisions in the managers' statement accompanying the Resolution which specifies $1 million for the Southern Illinois University, Carbondale, Illinois, for the Paul Simon Public Policy Institute to read as "Southern Illinois University, Carbondale, Illinois, for the Paul Simon Public Policy Institute, including an endowment, $1 million." Amends the managers' statement to deem the specification of $275,000 for the Spoon River College, Canton, Illinois, for equipment for community technology centers in Canton and Macomb, Illinois, to remove the limiting word "equipment" (thus earmarking the sum for anything the centers may require).

(Sec. 3614) Requires the Secretary of Education, from September 1 through September 30 and under specified conditions, to: (1) transfer up to $4,353,368 to the Education for the Disadvantaged account from amounts that would otherwise lapse at the end of FY 2003; (2) obligate such funds before September 30, 2003; and (3) allocate them only to States whose FY 2003 allocation was less than their FY 2002 allocation, in order to make up the difference.

(Sec. 3615) Subjects funds made available under the heading "Special Benefits for Disabled Coal Miners" in the Resolution to the provisions of the Black Lung Consolidation of Administrative Responsibility Act (Public Law 107-275).

(Sec. 3616) Declares that the amounts provided or made available by this title are designated by Congress as an emergency requirement pursuant to H.Con.Res. 95, 108th Congress (FY 2004 congressional budget).

Title IV: References - (Sec. 4001) States that, except as expressly provided otherwise, any reference to "this Act" contained in titles I and II of this Act shall be treated as referring only to the provisions of such titles, and any reference to "this Act" contained in title III of this Act shall be treated as referring only to the provisions of such title.