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Title II — General Provisions

H.R. 7611 · 116th Congress · Jul 14, 2020 · Lineage

II General Provisions

Sec. 201

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

No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2021 unless expressly so provided in this Act.

Sec. 203

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

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

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. 206

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.

Sec. 207

(a)
Except as provided in subsection (b), none of the funds made available to the Architect of the Capitol in this Act may be used to eliminate or restrict guided tours of the United States Capitol which are led by employees and interns of offices of Members of Congress and other offices of the House of Representatives and Senate, unless through regulations as authorized by section 402(b)(8) of the Capitol Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b)
At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol Police Board, guided tours of the United States Capitol which are led by employees and interns described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the same extent as guided tours of the United States Capitol which are led by the Architect of the Capitol.

Sec. 208

(a)
None of the funds appropriated or otherwise made available under this Act may be used to acquire telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation or a high-impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, “Standards for Security Categorization of Federal Information and Information Systems” unless the agency, office, or other entity acquiring the equipment or system has—
(1)
reviewed the supply chain risk for the information systems against criteria developed by NIST to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government;
(2)
reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and
(3)
in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or the Russian Federation.
(b)
None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has—
(1)
developed, in consultation with NIST and supply chain risk management experts, a mitigation strategy for any identified risks;
(2)
determined, in consultation with NIST and the Federal Bureau of Investigation, that the acquisition of such system is in the vital national security interest of the United States; and
(3)
reported that determination to the Committees on Appropriations of the House of Representatives and the Senate in a manner that identifies the system intended for acquisition and a detailed description of the mitigation strategies identified in paragraph (1), provided that such report may include a classified annex as necessary.

Sec. 209

(a)
None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b)
Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities or other official government activities.

Sec. 210

All agencies and offices funded by this Act that contract with a food service provider or providers shall confer and coordinate with such food service provider or providers, in consultation with disability advocacy groups, to eliminate or reduce plastic waste, including waste from plastic straws, explore the use of biodegradable items, and increase recycling and composting opportunities.

Sec. 211

(a)
Annual rate of pay for heads of certain offices—
(1)
Director of the Congressional Budget Office— Section 201(a)(5)(A) of the Congressional Budget Act of 1974 (2 U.S.C. 601(a)(5)(A)) is amended by striking “that is equal to” and all that follows and inserting “that is equal to the annual rate of basic pay for level II of the Executive Schedule.”.
(2)
Executive Director of the Office of Congressional Workplace Rights— Subparagraph (B) of section 302(a)(2) of the Congressional Accountability Act of 1995 (2 U.S.C. 1382(a)(2)) is amended to read as follows:

“(B) Limitation—The annual rate of pay for the Executive Director may not exceed the annual rate of basic pay for level II of the Executive Schedule.”

(3)
Architect of the Capitol— Section 1 of the Act entitled “An Act to fix the annual rates of pay for the Architect of the Capitol and the Assistant Architect of the Capitol” (2 U.S.C. 1802) is amended to read as follows:

“1. Compensation

“The compensation of the Architect of the Capitol shall be at an annual rate equal to the annual rate of basic pay for level II of the Executive Schedule.”

(4)
Chief of the Capitol Police— Subsection (c) of the first section of the Act entitled “An Act to establish by law the position of Chief of the Capitol Police, and for other purposes” (2 U.S.C. 1902) is amended to read as follows:

“(c) The annual rate of pay for the Chief of the Capitol Police shall be equal to the annual rate of basic pay for level II of the Executive Schedule.”

Sec. 212

Notwithstanding any other provision of law, an entity may use amounts appropriated or otherwise made available under this Act to pay the compensation of an officer or employee without regard to the officer’s or employee’s immigration status if the officer or employee has been issued an employment authorization document under the Deferred Action for Childhood Arrivals Program of the Secretary of Homeland Security, established pursuant to the memorandum from the Secretary of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” , dated June 15, 2012.

Sec. 213

Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments for Members of Congress) during fiscal year 2021.

Sec. 214

(a)
removal and storage— Not later than 45 days after the date of the enactment of this Act, the Architect of the Capitol—
(1)
shall remove all Confederate statues and Confederate busts from any area of the United States Capitol which is accessible to the public; and
(2)
shall remove the bust of Roger Brooke Taney; the statue of Charles Brantley Aycock; the statue of John Caldwell Calhoun; and the statue of James Paul Clarke from any area of the United States Capitol, which is accessible to the public.
(b)
storage of statues— In the case of any statue removed under subsection (a), the Architect of the Capitol shall keep such statue in storage until the Architect and the State which provided the statue arrange for the return of the statue to the State.
(c)
definitions—
(1)
Confederate statue.—In this section, the term “Confederate statue” means a statue which was provided by a State for display in the United States Capitol under section 1814 of the Revised Statutes (2 U.S.C. 2131), including a replacement statue provided by a State under section 311 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 2132), which depicts—
(A)
any individual who served voluntarily at any time as a member of the armed forces of the Confederate States of America or of the military forces of a State while the State was in rebellion against the United States; or
(B)
any individual who served as an official in the government of the Confederate States of America or of a State while the State was in rebellion against the United States.
(2)
Confederate bust.—In this section, the term “Confederate bust” means a bust which depicts an individual described in subparagraph (A) or (B) of paragraph (1).