II

Calendar No. 110

105TH CONGRESS

1ST SESSION S. 1019

[Report No. 105–47]

Making appropriations for the legislative branch for the fiscal year ending

September 30, 1998, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 15, 1997

Mr. BENNETT from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for the legislative branch for the fiscal

year ending September 30, 1998, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 legislative branch for the fiscal year ending September 30,

6 1998, and for other purposes, namely:
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1 TITLE I—CONGRESSIONAL OPERATIONS

2 SENATE

3 EXPENSE ALLOWANCES

4 For expense allowances of the Vice President,

5 $10,000; the President Pro Tempore of the Senate,

6 $10,000; Majority Leader of the Senate, $10,000; Minor7 ity Leader of the Senate, $10,000; Majority Whip of the

8 Senate, $5,000; Minority Whip of the Senate, $5,000; and

9 Chairmen of the Majority and Minority Conference Com10 mittees, $3,000 for each Chairman; in all, $56,000.

11 REPRESENTATION ALLOWANCES FOR THE MAJORITY AND

12 MINORITY LEADERS

13 For representation allowances of the Majority and

14 Minority Leaders of the Senate, $15,000 for each such

15 Leader; in all, $30,000.

16 SALARIES, OFFICERS AND EMPLOYEES

17 For compensation of officers, employees, and others

18 as authorized by law, including agency contributions,

19 $77,254,000, which shall be paid from this appropriation

20 without regard to the below limitations, as follows:

21 OFFICE OF THE VICE PRESIDENT

22 For the Office of the Vice President, $1,612,000.

23 OFFICE OF THE PRESIDENT PRO TEMPORE

24 For the Office of the President Pro Tempore,

25 $371,000.
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1 OFFICES OF THE MAJORITY AND MINORITY LEADERS

2 For Offices of the Majority and Minority Leaders,

3 $2,388,000.

4 OFFICES OF THE MAJORITY AND MINORITY WHIPS

5 For Offices of the Majority and Minority Whips,

6 $1,221,000.

7 CONFERENCE COMMITTEES

8 For the Conference of the Majority and the Con9 ference of the Minority, at rates of compensation to be

10 fixed by the Chairman of each such committee,

11 $1,061,000 for each such committee; in all, $2,122,000.

12 OFFICES OF THE SECRETARIES OF THE CONFERENCE OF

13 THE MAJORITY AND THE CONFERENCE OF THE MINORITY

14 For Offices of the Secretaries of the Conference of

15 the Majority and the Conference of the Minority,

16 $409,000.

17 POLICY COMMITTEES

18 For salaries of the Majority Policy Committee and

19 the Minority Policy Committee, $1,077,500 for each such

20 committee, in all, $2,155,000.

21 OFFICE OF THE CHAPLAIN

22 For Office of the Chaplain, $260,000.

23 OFFICE OF THE SECRETARY

24 For Office of the Secretary, $13,306,000.
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1 OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

2 For Office of the Sergeant at Arms and Doorkeeper,

3 $33,037,000.

4 OFFICES OF THE SECRETARIES FOR THE MAJORITY AND

5 MINORITY

6 For Offices of the Secretary for the Majority and the

7 Secretary for the Minority, $1,165,000.

8 AGENCY CONTRIBUTIONS AND RELATED EXPENSES

9 For agency contributions for employee benefits, as

10 authorized by law, and related expenses, $19,208,000.

11 OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

12 For salaries and expenses of the Office of the Legisla13 tive Counsel of the Senate, $3,605,000.

14 OFFICE OF SENATE LEGAL COUNSEL

15 For salaries and expenses of the Office of Senate

16 Legal Counsel, $966,000.

17 EXPENSE ALLOWANCES OF THE SECRETARY OF THE

18 SENATE, SERGEANT AT ARMS AND DOORKEEPER OF

19 THE SENATE, AND SECRETARIES FOR THE MAJOR20 ITY AND MINORITY OF THE SENATE

21 For expense allowances of the Secretary of the Sen22 ate, $3,000; Sergeant at Arms and Doorkeeper of the Sen23 ate, $3,000; Secretary for the Majority of the Senate,

24 $3,000; Secretary for the Minority of the Senate, $3,000;

25 in all, $12,000.
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1 CONTINGENT EXPENSES OF THE SENATE

2 INQUIRIES AND INVESTIGATIONS

3 For expenses of inquiries and investigations ordered

4 by the Senate, or conducted pursuant to section 134(a)

5 of Public Law 601, Seventy-ninth Congress, as amended,

6 section 112 of Public Law 96–304 and Senate Resolution

7 281, agreed to March 11, 1980, $75,600,000.

8 EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

9 INTERNATIONAL NARCOTICS CONTROL

10 For expenses of the United States Senate Caucus on

11 International Narcotics Control, $370,000.

12 SECRETARY OF THE SENATE

13 For expenses of the Office of the Secretary of the

14 Senate, $1,511,000.

15 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

16 For expenses of the Office of the Sergeant at Arms

17 and Doorkeeper of the Senate, $64,400,000, of which

18 $7,000,000 shall remain available until September 30,

19 1999.

20 MISCELLANEOUS ITEMS

21 For miscellaneous items, $7,905,000.

22 SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE

23 ACCOUNT

24 For Senators’ Official Personnel and Office Expense

25 Account, $228,600,000.
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1 STATIONERY (REVOLVING FUND)

2 For stationery for the President of the Senate,

3 $4,500, for officers of the Senate and the Conference of

4 the Majority and Conference of the Minority of the Senate,

5 $8,500; in all, $13,000.

6 OFFICIAL MAIL COSTS

7 For expenses necessary for official mail costs of the

8 Senate, $300,000, to remain available until September 30,

9 1999.

10 ADMINISTRATIVE PROVISIONS

11 SEC. 1. (a) For fiscal year 1998, and each fiscal year

12 thereafter, the Secretary of the Senate is authorized to

13 make advance payments under a contract or other agree14 ment to provide a service or deliver an article for the Unit15 ed States Government without regard to the provisions of

16 section 3324 of title 31, United States Code.

17 (b) An advance payment authorized by subsection (a)

18 shall be made in accordance with regulations issued by the

19 Committee on Rules and Administration of the Senate.

20 (c) The authority granted by subsection (a) shall not

21 take effect until regulations are issued pursuant to sub22 section (b).

23 SEC. 2. (a) Upon the written request of the Majority

24 or Minority Whip of the Senate, the Secretary of the Sen25 ate shall transfer during any fiscal year, from the appro-
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1 priations account appropriated under the headings ‘‘Sala2 ries, Officers and Employees’’ and ‘‘Offices of the Majority

3 and Minority Whips’’, such amount as either whip shall

4 specify to the appropriations account, within the contin5 gent fund of the Senate, ‘‘Miscellaneous Items’’.

6 (b) The Majority and Minority Whips of the Senate

7 are each authorized to incur such expenses as may be nec8 essary or appropriate. Expenses incurred by either such

9 whip shall be paid from the amount transferred pursuant

10 to subsection (a) by such whip and upon vouchers ap11 proved by such whip.

12 (c) The Secretary of the Senate is authorized to ad13 vance such sums as may be necessary to defray expenses

14 incurred in carrying out subsections (a) and (b).

15 SEC. 3. (a) Effective in the case of any fiscal year

16 which begins on or after October 1, 1997, clause (iii) of

17 paragraph (3)(A) of section 506(b) of the Supplemental

18 Appropriations Act, 1973 (2 U.S.C. 58(b)) is amended to

19 read as follows:

20 ‘‘(iii) subject to subparagraph (B), in case the

21 Senator represents Alabama, $182,567, Alaska,

22 $251,901, Arizona, $197,079, Arkansas, $168,282,

23 California, $468,724, Colorado, $186,350, Connecti24 cut, $160,903, Delaware, $127,198, Florida,

25 $299,746, Georgia, $210,214, Hawaii, $279,512,
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1 Idaho, $163,335, Illinois, $266,248, Indiana,

2 $194,770, Iowa, $170,565, Kansas, $168,177, Ken3 tucky, $177,338, Louisiana, $185,647, Maine,

4 $147,746, Maryland, $173,020, Massachusetts,

5 $195,799, Michigan, $236,459, Minnesota,

6 $187,702, Mississippi, $168,103, Missouri,

7 $197,941, Montana, $161,725, Nebraska, $160,361,

8 Nevada, $171,096, New Hampshire, $142,394, New

9 Jersey, $206,260, New Mexico, $166,140, New

10 York, $327,955, North Carolina, $210,946, North

11 Dakota, $149,824, Ohio, $259,452, Oklahoma,

12 $181,761, Oregon, $189,345, Pennsylvania,

13 $266,148, Rhode Island, $138,582, South Carolina,

14 $170,451, South Dakota, $151,450, Tennessee,

15 $191,954, Texas, $348,681, Utah, $168,632, Ver16 mont, $135,925, Virginia, $193,467, Washington,

17 $214,694, West Virginia, $147,772, Wisconsin,

18 $191,569, Wyoming, $152,438, plus’’.

19 (b) Subsection (a) of the first section of Public Law

20 100–137 (2 U.S.C. 58c) is amended by adding at the end

21 the following:

22 ‘‘(6) Effective on and after October 1, 1997, the Sen23 ators’ Account shall be available for the payment of

24 franked mail expenses of Senators.’’.

25 (c)(1) Section 12 of Public Law 101–520 is repealed.
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1 (2) The amendment made by paragraph (1) shall be

2 effective on and after October 1, 1997.

3 (d) Nothing in this section affects the authority of

4 the Committee on Rules and Administration of the Senate

5 to prescribe regulations relating to the frank by Senators

6 and officers of the Senate.

7 SEC. 4. (a) The aggregate amount authorized by Sen8 ate Resolution 54, agreed to February 13, 1997, is in9 creased—

10 (1) by $401,635 for the period March 1, 1997,

11 through September 30, 1998, and

12 (2) by $994,150 for the period March 1, 1998,

13 through February 28, 1999.

14 (b) This section is effective on and after October 1,

15 1997.

16 SEC. 5. Effective on and after October 1, 1997, each

17 of the dollar amounts contained in the table under section

18 105(d)(1) of the Legislative Branch Appropriations Act,

19 1968 (2 U.S.C 61–1) shall be deemed to be the dollar

20 amounts in that table on December 31, 1995, increased

21 by 2 percent on January 1, 1996, and by 2.3 percent on

22 January 1, 1997.

23 SEC. 6. (a) The aggregate amount authorized by Sen24 ate Resolution 54, agreed to February 13, 1997, is in25 creased—
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1 (1) by $125,000 for the period March 1, 1997,

2 through September 30, 1998; and

3 (2) by $175,000 for the period March 1, 1998,

4 through February 28, 1999.

5 (b) Funds in the account, within the contingent fund

6 of the Senate, available for the expenses of inquiries and

7 investigations shall be available for franked mail expenses

8 incurred by committees of the Senate the other expenses

9 of which are paid from that account.

10 (c) This section is effective for fiscal years beginning

11 on and after October 1, 1997.

12 SEC. 7. Section 1101 of Public Law 85–58 (2 U.S.C.

13 46a–1) is amended by adding at the end the following:

14 ‘‘Disbursements from the fund shall be made upon vouch15 ers approved by the Secretary of the Senate, or his des16 ignee.’’.

17 JOINT ITEMS

18 For Joint Committees, as follows:

19 JOINT ECONOMIC COMMITTEE

20 For salaries and expenses of the Joint Economic

21 Committee, $2,750,000, to be disbursed by the Secretary

22 of the Senate.
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1 JOINT COMMITTEE ON PRINTING

2 For salaries and expenses of the Joint Committee on

3 Printing, $807,000, to be disbursed by the Secretary of

4 the Senate.

5 JOINT COMMITTEE ON TAXATION

6 For salaries and expenses of the Joint Committee on

7 Taxation, $5,724,000, to be disbursed by the Chief Ad8 ministrative Officer of the House: Provided, That

9 $100,000 of the funds in this Act shall not be available

10 for expenditure except for staff designated to provide

11 Members of Congress, not on the Tax Committees, assist12 ance in securing revenue estimates for legislation with the

13 assumptions used in determining the revenue estimate

14 prepared by the Joint Committee for that Member of Con15 gress.

16 For other joint items, as follows:

17 OFFICE OF THE ATTENDING PHYSICIAN

18 For medical supplies, equipment, and contingent ex19 penses of the emergency rooms, and for the Attending

20 Physician and his assistants, including (1) an allowance

21 of $1,500 per month to the Attending Physician; (2) an

22 allowance of $500 per month each to two medical officers

23 while on duty in the Attending Physician’s office; (3) an

24 allowance of $500 per month to one assistant and $400

25 per month each to not to exceed nine assistants on the
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1 basis heretofore provided for such assistance; and (4)

2 $893,000 for reimbursement to the Department of the

3 Navy for expenses incurred for staff and equipment as4 signed to the Office of the Attending Physician, which

5 shall be advanced and credited to the applicable appropria6 tion or appropriations from which such salaries, allow7 ances, and other expenses are payable and shall be avail8 able for all the purposes thereof, $1,266,000, to be dis9 bursed by the Chief Administrative Officer of the House.

10 CAPITOL POLICE BOARD

11 CAPITOL POLICE

12 SALARIES

13 For the Capitol Police Board for salaries of officers,

14 members, and employees of the Capitol Police, including

15 overtime, hazardous duty pay differential, clothing allow16 ance of not more than $600 each for members required

17 to wear civilian attire, and Government contributions for

18 health, retirement, Social Security, and other applicable

19 employee benefits, $73,935,000, of which $35,507,000 is

20 provided to the Sergeant at Arms of the House of Rep21 resentatives, to be disbursed by the Chief Administrative

22 Officer of the House, and $38,428,000 is provided to the

23 Sergeant at Arms and Doorkeeper of the Senate, to be

24 disbursed by the Secretary of the Senate: Provided, That,

25 of the amounts appropriated under this heading, such
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1 amounts as may be necessary may be transferred between

2 the Sergeant at Arms of the House of Representatives and

3 the Sergeant at Arms and Doorkeeper of the Senate, upon

4 approval of the Committee on Appropriations of the House

5 of Representatives and the Committee on Appropriations

6 of the Senate.

7 GENERAL EXPENSES

8 For the Capitol Police Board for necessary expenses

9 of the Capitol Police, including motor vehicles, commu10 nications and other equipment, security equipment and in11 stallation, uniforms, weapons, supplies, materials, train12 ing, medical services, forensic services, stenographic serv13 ices, personal and professional services, the employee as14 sistance program, not more than $2,000 for the awards

15 program, postage, telephone service, travel advances, relo16 cation of instructor and liaison personnel for the Federal

17 Law Enforcement Training Center, and $85 per month

18 for extra services performed for the Capitol Police Board

19 by an employee of the Sergeant at Arms of the Senate

20 or the House of Representatives designated by the Chair21 man of the Board, $5,401,000, to be disbursed by the

22 Chief Administrative Officer of the House of Representa23 tives: Provided, That, notwithstanding any other provision

24 of law, the cost of basic training for the Capitol Police

25 at the Federal Law Enforcement Training Center for fis-
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1 cal year 1998 shall be paid by the Secretary of the Treas2 ury from funds available to the Department of the Treas3 ury.

4 ADMINISTRATIVE PROVISIONS

5 SEC. 101. Amounts appropriated for fiscal year 1998

6 for the Capitol Police Board for the Capitol Police may

7 be transferred between the headings ‘‘SALARIES’’ and

8 ‘‘GENERAL EXPENSES’’ upon the approval of—

9 (1) the Committee on Appropriations of the

10 House of Representatives, in the case of amounts

11 transferred from the appropriation provided to the

12 Sergeant at Arms of the House of Representatives

13 under the heading ‘‘SALARIES’’;

14 (2) the Committee on Appropriations of the

15 Senate, in the case of amounts transferred from the

16 appropriation provided to the Sergeant at Arms and

17 Doorkeeper of the Senate under the heading ‘‘SALA18 RIES’’; and

19 (3) the Committees on Appropriations of the

20 Senate and the House of Representatives, in the

21 case of other transfers.

22 SEC. 102. (a)(1) The Capitol Police Board shall es23 tablish and maintain unified schedules of rates of basic

24 pay for members and civilian employees of the Capitol Po25 lice which shall apply to both Members and employees
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1 whose appointing authority is an officer of the Senate and

2 Members and employees whose appointing authority is an

3 officer of the House of Representatives.

4 (2) The Capitol Police Board may, from time to time,

5 adjust any schedule established under paragraph (1) to

6 the extent that the Board determines appropriate to re7 flect changes in the cost of living and to maintain pay

8 comparability.

9 (3) A schedule established or revised under para10 graph (1) or (2) shall take effect only upon approval by

11 the Committee on House Oversight of the House of Rep12 resentatives and the Committee on Rules and Administra13 tion of the Senate.

14 (4) A schedule approved under paragraph (3) shall

15 have the force and effect of law.

16 (b)(1) The Capitol Police Board shall prescribe, by

17 regulation, a unified leave system for members and civilian

18 employees of the Capitol Police which shall apply to both

19 Members and employees whose appointing authority is an

20 officer of the Senate and Members and employees whose

21 appointing authority is an officer of the House of Rep22 resentatives. The leave system shall include provisions

23 for—

24 (A) annual leave, based on years of service;

25 (B) sick leave;
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1 (C) administrative leave;

2 (D) leave under the Family and Medical Leave

3 Act of 1993 (29 U.S.C. 2601 et seq.);

4 (E) leave without pay and leave with reduced

5 pay, including provisions relating to contribution for

6 benefits for any period of such leave;

7 (F) approval of all leave by the Chief or the

8 designee of the Chief;

9 (G) the order in which categories of leave shall

10 be used;

11 (H) use, accrual, and carryover rules and limi12 tations, including rules and limitations for any pe13 riod of active duty in the Armed Forces;

14 (I) advance of annual leave or sick leave after

15 a member or civilian employee has used all such ac16 crued leave;

17 (J) buy back of annual leave or sick leave used

18 during an extended recovery period in the case of an

19 injury in the performance of duty;

20 (K) the use of accrued leave before termination

21 of the employment as a member or civilian employee

22 of the Capitol Police, with provision for lump sum

23 payment for unused annual leave; and

24 (L) a leave sharing program.
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1 (2) The leave system under this section may not pro2 vide for the accrual of either annual or sick leave for any

3 period of leave without pay or leave with reduced pay.

4 (3) All provisions of the leave system established

5 under this subsection shall be subject to the approval of

6 the Committee on House Oversight of the House of Rep7 resentatives and the Committee on Rules and Administra8 tion of the Senate. All regulations approved under this

9 subsection shall have the force and effect of law.

10 (c)(1) Upon the approval of the Capitol Police Board,

11 a member or civilian employee of the Capitol Police who

12 is separated from service, may be paid a lump sum pay13 ment for the accrued annual leave of the member or civil14 ian employee.

15 (2) The lump sum payment under paragraph (1)—

16 (A) shall equal the pay the member or civilian

17 employee would have received had such member or

18 employee remained in the service until the expiration

19 of the period of annual leave;

20 (B) shall be paid from amounts appropriated to

21 the Capitol Police;

22 (C) shall be based on the rate of basic pay in

23 effect with respect to the member or civilian em24 ployee on the last day of service of the member or

25 civilian employee;
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1 (D) shall not be calculated on the basis of ex2 tending the period of leave described under subpara3 graph (A) by any holiday occurring after the date of

4 separation from service;

5 (E) shall be considered pay for taxation pur6 poses only; and

7 (F) shall be paid only after the Chairman of the

8 Capitol Police Board certifies the applicable period

9 of leave to the Secretary of the Senate or the Chief

10 Administrative Officer of the House of Representa11 tives, as appropriate.

12 (3) A member or civilian employee of the Capitol Po13 lice who enters active duty in the armed forces may—

14 (A) receive a lump sum payment for accrued

15 annual leave in accordance with this subsection, in

16 addition to any pay or allowance payable from the

17 armed forces; or

18 (B) elect to have the leave remain to the credit

19 of such member or civilian employee until such mem20 ber or civilian employee returns from active duty.

21 (4) The Capitol Police Board may prescribe regula22 tions to carry out this subsection. No lump sum payment

23 may be paid under this subsection until such regulations

24 are approved by the Committee on Rules and Administra25 tion of the Senate and the Committee on House Oversight
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1 of the House of Representatives. All regulations approved

2 under this subsection shall have the force and effect of

3 law.

4 (d) Nothing in this section shall be construed to effect

5 the appointing authority of any officer of the Senate or

6 the House of Representatives.

7 CAPITOL GUIDE SERVICE AND SPECIAL SERVICES

8 OFFICE

9 For salaries and expenses of the Capitol Guide Serv10 ice and Special Services Office, $1,991,000, to be dis11 bursed by the Secretary of the Senate: Provided, That no

12 part of such amount may be used to employ more than

13 forty individuals: Provided further, That the Capitol Guide

14 Board is authorized, during emergencies, to employ not

15 more than two additional individuals for not more than

16 one hundred twenty days each, and not more than ten ad17 ditional individuals for not more than six months each,

18 for the Capitol Guide Service.

19 STATEMENTS OF APPROPRIATIONS

20 For the preparation, under the direction of the Com21 mittees on Appropriations of the Senate and the House

22 of Representatives, of the statements for the first session

23 of the One Hundred Fifth Congress, showing appropria24 tions made, indefinite appropriations, and contracts au25 thorized, together with a chronological history of the regu-
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1 lar appropriations bills as required by law, $30,000, to be

2 paid to the persons designated by the chairmen of such

3 committees to supervise the work.

4 OFFICE OF COMPLIANCE

5 SALARIES AND EXPENSES

6 For salaries and expenses of the Office of Compli7 ance, as authorized by section 305 of the Congressional

8 Accountability Act of 1995 (2 U.S.C. 1385), $2,600,000.

9 CONGRESSIONAL BUDGET OFFICE

10 SALARIES AND EXPENSES

11 For salaries and expenses necessary to carry out the

12 provisions of the Congressional Budget Act of 1974 (Pub13 lic Law 93–344), including not more than $2,500 to be

14 expended on the certification of the Director of the Con15 gressional Budget Office in connection with official rep16 resentation and reception expenses, $24,995,000: Pro17 vided, That no part of such amount may be used for the

18 purchase or hire of a passenger motor vehicle.

19 ARCHITECT OF THE CAPITOL

20 CAPITOL BUILDINGS AND GROUNDS

21 CAPITOL BUILDINGS

22 SALARIES AND EXPENSES

23 For salaries for the Architect of the Capitol, the As24 sistant Architect of the Capitol, and other personal serv25 ices, at rates of pay provided by law; for surveys and stud26 ies in connection with activities under the care of the Ar-
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1 chitect of the Capitol; for all necessary expenses for the

2 maintenance, care and operation of the Capitol and elec3 trical substations of the Senate and House office buildings

4 under the jurisdiction of the Architect of the Capitol, in5 cluding furnishings and office equipment; including not

6 more than $1,000 for official reception and representation

7 expenses, to be expended as the Architect of the Capitol

8 may approve; purchase or exchange, maintenance and op9 eration of a passenger motor vehicle; and not to exceed

10 $20,000 for attendance, when specifically authorized by

11 the Architect of the Capitol, at meetings or conventions

12 in connection with subjects related to work under the Ar13 chitect of the Capitol, $39,554,000, of which $7,500,000

14 shall remain available until expended.

15 CAPITOL GROUNDS

16 For all necessary expenses for care and improvement

17 of grounds surrounding the Capitol, the Senate and House

18 office buildings, and the Capitol Power Plant, $6,203,000,

19 of which $745,000 shall remain available until expended.

20 SENATE OFFICE BUILDINGS

21 For all necessary expenses for maintenance, care and

22 operation of Senate Office Buildings; and furniture and

23 furnishings to be expended under the control and super24 vision of the Architect of the Capitol, $50,922,000, of

25 which $13,200,000 shall remain available until expended:

26 Provided, That appropriations under this heading for
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1 management personnel and miscellaneous restaurant ex2 penses hereafter shall be transferred at the beginning of

3 each fiscal year to the special deposit account in the Unit4 ed States Treasury established under Public Law 87–82,

5 approved July 6, 1961, as amended (40 U.S.C. 174j–4),

6 and effective October 1, 1997, all management personnel

7 of the Senate Restaurant facilities shall be paid from the

8 special deposit account. Management personnel trans9 ferred hereunder shall be paid at the same rates of pay

10 applicable immediately prior to the date of transfer, and

11 annual and sick leave balances shall be credited to leave

12 accounts of such personnel in the Senate Restaurants.

13 CAPITOL POWER PLANT

14 For all necessary expenses for the maintenance, care

15 and operation of the Capitol Power Plant; lighting, heat16 ing, power (including the purchase of electrical energy)

17 and water and sewer services for the Capitol, Senate and

18 House office buildings, Library of Congress buildings, and

19 the grounds about the same, Botanic Garden, Senate ga20 rage, and air conditioning refrigeration not supplied from

21 plants in any of such buildings; heating the Government

22 Printing Office and Washington City Post Office, and

23 heating and chilled water for air conditioning for the Su24 preme Court Building, Union Station complex, Thurgood

25 Marshall Federal Judiciary Building and the Folger
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1 Shakespeare Library, expenses for which shall be ad2 vanced or reimbursed upon request of the Architect of the

3 Capitol and amounts so received shall be deposited into

4 the Treasury to the credit of this appropriation,

5 $33,645,000, of which $1,650,000 shall remain available

6 until expended: Provided, That not more than $4,000,000

7 of the funds credited or to be reimbursed to this appro8 priation as herein provided shall be available for obligation

9 during fiscal year 1998.

10 LIBRARY OF CONGRESS

11 CONGRESSIONAL RESEARCH SERVICE

12 SALARIES AND EXPENSES

13 For necessary expenses to carry out the provisions

14 of section 203 of the Legislative Reorganization Act of

15 1946 (2 U.S.C. 166) and to revise and extend the Anno16 tated Constitution of the United States of America,

17 $65,134,000: Provided, That no part of such amount may

18 be used to pay any salary or expense in connection with

19 any publication, or preparation of material therefor (ex20 cept the Digest of Public General Bills), to be issued by

21 the Library of Congress unless such publication has ob22 tained prior approval of either the Committee on House

23 Oversight of the House of Representatives or the Commit24 tee on Rules and Administration of the Senate: Provided

25 further, That, notwithstanding any other provision of law,
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1 the compensation of the Director of the Congressional Re2 search Service, Library of Congress, shall be at an annual

3 rate which is equal to the annual rate of basic pay for

4 positions at level IV of the Executive Schedule under sec5 tion 5315 of title 5, United States Code.

6 GOVERNMENT PRINTING OFFICE

7 CONGRESSIONAL PRINTING AND BINDING

8 For authorized printing and binding for the Congress

9 and the distribution of Congressional information in any

10 format; printing and binding for the Architect of the Cap11 itol; expenses necessary for preparing the semimonthly

12 and session index to the Congressional Record, as author13 ized by law (44 U.S.C. 902); printing and binding of Gov14 ernment publications authorized by law to be distributed

15 to Members of Congress; and printing, binding, and dis16 tribution of Government publications authorized by law to

17 be distributed without charge to the recipient,

18 $82,269,000: Provided, That this appropriation shall not

19 be available for paper copies of the permanent edition of

20 the Congressional Record for individual Representatives,

21 Resident Commissioners or Delegates authorized under 44

22 U.S.C. 906: Provided further, That none of the funds ap23 propriated or made available under this Act may be ex24 pended for printing and binding and related services pro25 vided to Congress under chapter 7 of title 44, United
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1 States Code, unless such printing and binding and related

2 services are provided during fiscal year 1998 and the bill3 ing of such printing and binding and related services oc4 curs not later than December 31, 1998.

5 This title may be cited as the ‘‘Congressional Oper6 ations Appropriations Act, 1998’’.

7 TITLE II—OTHER AGENCIES

8 BOTANIC GARDEN

9 SALARIES AND EXPENSES

10 For all necessary expenses for the maintenance, care

11 and operation of the Botanic Garden and the nurseries,

12 buildings, grounds, and collections; and purchase and ex13 change, maintenance, repair, and operation of a passenger

14 motor vehicle; all under the direction of the Joint Commit15 tee on the Library, $3,228,000.

16 LIBRARY OF CONGRESS

17 SALARIES AND EXPENSES

18 For necessary expenses of the Library of Congress

19 not otherwise provided for, including development and

20 maintenance of the Union Catalogs; custody and custodial

21 care of the Library buildings; special clothing; cleaning,

22 laundering and repair of uniforms; preservation of motion

23 pictures in the custody of the Library; operation and

24 maintenance of the American Folklife Center in the Li25 brary; preparation and distribution of catalog records and
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1 other publications of the Library; hire or purchase of one

2 passenger motor vehicle; and expenses of the Library of

3 Congress Trust Fund Board not properly chargeable to

4 the income of any trust fund held by the Board,

5 $229,904,000, of which not more than $7,869,000 shall

6 be derived from collections credited to this appropriation

7 during fiscal year 1998, and shall remain available until

8 expended, under the Act of June 28, 1902 (chapter 1301;

9 32 Stat. 480; 2 U.S.C. 150): Provided, That the Library

10 of Congress may not obligate or expend any funds derived

11 from collections under the Act of June 28, 1902, in excess

12 of the amount authorized for obligation or expenditure in

13 appropriations Acts: Provided further, That the total

14 amount available for obligation shall be reduced by the

15 amount by which collections are less than the $7,869,000:

16 Provided further, That of the total amount appropriated,

17 $9,619,000 is to remain available until expended for ac18 quisition of books, periodicals, newspapers, and all other

19 materials including subscriptions for bibliographic services

20 for the Library, including $40,000 to be available solely

21 for the purchase, when specifically approved by the Librar22 ian, of special and unique materials for additions to the

23 collections: Provided further, That of the total amount ap24 propriated, $5,584,000 is to remain available until ex-
27

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1 pended for the acquisition and partial support for imple2 mentation of an integrated library system (ILS).

3 COPYRIGHT OFFICE

4 SALARIES AND EXPENSES

5 For necessary expenses of the Copyright Office, in6 cluding publication of the decisions of the United States

7 courts involving copyrights, $34,567,000, of which not

8 more than $17,340,000 shall be derived from collections

9 credited to this appropriation during fiscal year 1998

10 under 17 U.S.C. 708(d), and not more than $5,086,000

11 shall be derived from collections during fiscal year 1998

12 under 17 U.S.C. 111(d)(2), 119(b)(2), 802(h), and 1005:

13 Provided, That the total amount available for obligation

14 shall be reduced by the amount by which collections are

15 less than $22,426,000: Provided further, That not more

16 than $100,000 of the amount appropriated is available for

17 the maintenance of an ‘‘International Copyright Institute’’

18 in the Copyright Office of the Library of Congress for the

19 purpose of training nationals of developing countries in

20 intellectual property laws and policies: Provided further,

21 That not more than $2,250 may be expended, on the cer22 tification of the Librarian of Congress, in connection with

23 official representation and reception expenses for activities

24 of the International Copyright Institute.
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1 BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

2 SALARIES AND EXPENSES

3 For salaries and expenses to carry out the Act of

4 March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C.

5 135a), $47,870,000, of which $14,194,000 shall remain

6 available until expended.

7 FURNITURE AND FURNISHINGS

8 For necessary expenses for the purchase, installation,

9 and repair of furniture, furnishings, office and library

10 equipment, $4,178,000.

11 ADMINISTRATIVE PROVISIONS

12 SEC. 201. Appropriations in this Act available to the

13 Library of Congress shall be available, in an amount of

14 not more than $194,290, of which $58,100 is for the Con15 gressional Research Service, when specifically authorized

16 by the Librarian, for attendance at meetings concerned

17 with the function or activity for which the appropriation

18 is made.

19 SEC. 202. (a) No part of the funds appropriated in

20 this Act shall be used by the Library of Congress to ad21 minister any flexible or compressed work schedule which—

22 (1) applies to any manager or supervisor in a

23 position the grade or level of which is equal to or

24 higher than GS–15; and
29

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1 (2) grants such manager or supervisor the right

2 to not be at work for all or a portion of a workday

3 because of time worked by the manager or super4 visor on another workday.

5 (b) For purposes of this section, the term ‘‘manager

6 or supervisor’’ means any management official or super7 visor, as such terms are defined in section 7103(a) (10)

8 and (11) of title 5, United States Code.

9 SEC. 203. Appropriated funds received by the Library

10 of Congress from other Federal agencies to cover general

11 and administrative overhead costs generated by perform12 ing reimbursable work for other agencies under the au13 thority of 31 U.S.C. 1535 and 1536 shall not be used to

14 employ more than 65 employees and may be expended or

15 obligated—

16 (1) in the case of a reimbursement, only to such

17 extent or in such amounts as are provided in appro18 priations Acts; or

19 (2) in the case of an advance payment, only—

20 (A) to pay for such general or administra21 tive overhead costs as are attributable to the

22 work performed for such agency; or

23 (B) to such extent or in such amounts as

24 are provided in appropriations Acts, with re-
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1 spect to any purpose not allowable under sub2 paragraph (A).

3 SEC. 204. Of the amounts appropriated to the Li4 brary of Congress in this Act, not more than $5,000 may

5 be expended, on the certification of the Librarian of Con6 gress, in connection with official representation and recep7 tion expenses for the incentive awards program.

8 SEC. 205. Of the amount appropriated to the Library

9 of Congress in this Act, not more than $12,000 may be

10 expended, on the certification of the Librarian of Con11 gress, in connection with official representation and recep12 tion expenses for the Overseas Field Offices.

13 SEC. 206. (a) For fiscal year 1998, the obligational

14 authority of the Library of Congress for the activities de15 scribed in subsection (b) may not exceed $100,490,000.

16 (b) The activities referred to in subsection (a) are re17 imbursable and revolving fund activities that are funded

18 from sources other than appropriations to the Library in

19 appropriations Acts for the legislative branch.

20 SEC. 207. (a) ESTABLISHMENT.—Effective October

21 1, 1997, there is established in the Treasury of the United

22 States a revolving fund to be known as the Cooperative

23 Acquisitions Program Revolving Fund (in this section re24 ferred to as the ‘‘revolving fund’’). Moneys in the revolving

25 fund shall be available to the Librarian of Congress, with-
31

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1 out fiscal year limitation, for financing the cooperative ac2 quisitions program (in this section referred to as the ‘‘pro3 gram’’) under which the Library acquires foreign publica4 tions and research materials on behalf of participating in5 stitutions on a cost-recovery basis. Obligations under the

6 revolving fund are limited to amounts specified in the ap7 propriations Act for that purpose for any fiscal year.

8 (b) AMOUNTS DEPOSITED.—The revolving fund shall

9 consist of—

10 (1) any amounts appropriated by law for the

11 purposes of the revolving fund;

12 (2) any amounts held by the Librarian as of

13 October 1, 1997 or the date of enactment, whichever

14 is later, that were collected as payment for the Li15 brary’s indirect costs of the program; and

16 (3) the difference between (A) the total value of

17 the supplies, equipment, gift fund balances, and

18 other assets of the program, and (B) the total value

19 of the liabilities (including unfunded liabilities such

20 as the value of accrued annual leave of employees)

21 of the program.

22 (c) CREDITS TO THE REVOLVING FUND.—The re23 volving fund shall be credited with all advances and

24 amounts received as payment for purchases under the pro25 gram and services and supplies furnished to program par-
32

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1 ticipants, at rates estimated by the Librarian to be ade2 quate to recover the full direct and indirect costs of the

3 program to the Library over a reasonable period of time.

4 (d) UNOBLIGATED BALANCES.—Any unobligated and

5 unexpended balances in the revolving fund that the Li6 brarian determines to be in excess of amounts needed for

7 activities financed by the revolving fund, shall be deposited

8 in the Treasury of the United States as miscellaneous re9 ceipts. Amounts needed for activities financed by the re10 volving fund means the direct and indirect costs of the

11 program, including the costs of purchasing, shipping,

12 binding of books and other library materials; supplies, ma13 terials, equipment and services needed in support of the

14 program; salaries and benefits; general overhead; and

15 travel.

16 (e) ANNUAL REPORT.—Not later than March 31 of

17 each year, the Librarian of Congress shall prepare and

18 submit to Congress an audited financial statement for the

19 revolving fund for the preceding fiscal year. The audit

20 shall be conducted in accordance with Government Audit21 ing Standards for financial audits issued by the Comptrol22 ler General of the United States.

23 SEC. 208. AUTHORITY OF THE BOARD TO INVEST

24 GIFT FUNDS.—Section 4 of the Act entitled ‘‘An Act to

25 create a Library of Congress Trust Fund Board, and for
33

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1 other purposes’’, approved March 3, 1925 (2 U.S.C. 160),

2 is amended by adding at the end the following new undes3 ignated paragraph:

4 ‘‘Upon agreement by the Librarian of Congress and

5 the board, a gift or bequest accepted by the Librarian

6 under the first paragraph of this section may be invested

7 or reinvested in the same manner as provided for trust

8 funds under the second paragraph of section 2.’’.

9 ARCHITECT OF THE CAPITOL

10 LIBRARY BUILDINGS AND GROUNDS

11 STRUCTURAL AND MECHANICAL CARE

12 For all necessary expenses for the mechanical and

13 structural maintenance, care and operation of the Library

14 buildings and grounds, $14,699,000, of which $3,910,000

15 shall remain available until expended.

16 GOVERNMENT PRINTING OFFICE

17 OFFICE OF SUPERINTENDENT OF DOCUMENTS

18 SALARIES AND EXPENSES

19 For expenses of the Office of Superintendent of Doc20 uments necessary to provide for the cataloging and index21 ing of Government publications and their distribution to

22 the public, Members of Congress, other Government agen23 cies, and designated depository and international exchange

24 libraries as authorized by law, $29,077,000: Provided,

25 That travel expenses, including travel expenses of the De-
34

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1 pository Library Council to the Public Printer, shall not

2 exceed $150,000: Provided further, That amounts of not

3 more than $2,000,000, from current year appropriations

4 are authorized for producing and disseminating Congres5 sional serial sets and other related publications for 1996

6 and 1997 to depository and other designated libraries.

7 GOVERNMENT PRINTING OFFICE REVOLVING FUND

8 The Government Printing Office is hereby authorized

9 to make such expenditures, within the limits of funds

10 available and in accord with the law, and to make such

11 contracts and commitments without regard to fiscal year

12 limitations as provided by section 9104 of title 31, United

13 States Code, as may be necessary in carrying out the pro14 grams and purposes set forth in the budget for the current

15 fiscal year for the Government Printing Office revolving

16 fund: Provided, That not more than $2,500 may be ex17 pended on the certification of the Public Printer in connec18 tion with official representation and reception expenses:

19 Provided further, That the revolving fund shall be available

20 for the hire or purchase of not more than twelve passenger

21 motor vehicles: Provided further, That expenditures in con22 nection with travel expenses of the advisory councils to

23 the Public Printer shall be deemed necessary to carry out

24 the provisions of title 44, United States Code: Provided

25 further, That the revolving fund shall be available for tem-
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1 porary or intermittent services under section 3109(b) of

2 title 5, United States Code, but at rates for individuals

3 not more than the daily equivalent of the annual rate of

4 basic pay for level V of the Executive Schedule under sec5 tion 5316 of such title: Provided further, That the revolv6 ing fund and the funds provided under the headings ‘‘OF7 FICE OF SUPERINTENDENT OF DOCUMENTS’’ and ‘‘SALA8 RIES AND EXPENSES’’ together may not be available for

9 the full-time equivalent employment of more than 3,550

10 workyears by the end of fiscal year 1998: Provided further,

11 That activities financed through the revolving fund may

12 provide information in any format: Provided further, That

13 the revolving fund shall not be used to administer any

14 flexible or compressed work schedule which applies to any

15 manager or supervisor in a position the grade or level of

16 which is equal to or higher than GS–15: Provided further,

17 That expenses for attendance at meetings shall not exceed

18 $75,000: Provided further, That, $1,500,000 may be ex19 pended on the certification of the Public Printer, for reim20 bursement to the General Accounting Office, for a man21 agement audit.

22 GENERAL ACCOUNTING OFFICE

23 SALARIES AND EXPENSES

24 For necessary expenses of the General Accounting

25 Office, including not more than $7,000 to be expended on
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1 the certification of the Comptroller General of the United

2 States in connection with official representation and recep3 tion expenses; temporary or intermittent services under

4 section 3109(b) of title 5, United States Code, but at rates

5 for individuals not more than the daily equivalent of the

6 annual rate of basic pay for level IV of the Executive

7 Schedule under section 5315 of such title; hire of one pas8 senger motor vehicle; advance payments in foreign coun9 tries in accordance with 31 U.S.C. 3324; benefits com10 parable to those payable under sections 901(5), 901(6)

11 and 901(8) of the Foreign Service Act of 1980 (22 U.S.C.

12 4081(5), 4081(6) and 4081(8)); and under regulations

13 prescribed by the Comptroller General of the United

14 States, rental of living quarters in foreign countries;

15 $346,751,000: Provided, That not more than $1,000,000

16 of reimbursements received incident to the operation of

17 the General Accounting Office Building shall be available

18 for use in fiscal year 1998: Provided further, That an addi19 tional amount of $4,404,000 shall be available by transfer

20 from funds previously deposited in the special account es21 tablished pursuant to 31 U.S.C. 782: Provided further,

22 That notwithstanding 31 U.S.C. 9105 hereafter amounts

23 reimbursed to the Comptroller General pursuant to that

24 section shall be deposited to the appropriation of the Gen25 eral Accounting Office then available and remain available
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1 until expended, and not more than $2,000,000 of such

2 funds shall be available for use in fiscal year 1998: Pro3 vided further, That this appropriation and appropriations

4 for administrative expenses of any other department or

5 agency which is a member of the Joint Financial Manage6 ment Improvement Program (JFMIP) shall be available

7 to finance an appropriate share of JFMIP costs as deter8 mined by the JFMIP, including the salary of the Execu9 tive Director and secretarial support: Provided further,

10 That this appropriation and appropriations for adminis11 trative expenses of any other department or agency which

12 is a member of the National Intergovernmental Audit

13 Forum or a Regional Intergovernmental Audit Forum

14 shall be available to finance an appropriate share of either

15 Forum’s costs as determined by the respective Forum, in16 cluding necessary travel expenses of non-Federal partici17 pants. Payments hereunder to either the Forum or the

18 JFMIP may be credited as reimbursements to any appro19 priation from which costs involved are initially financed:

20 Provided further, That this appropriation and appropria21 tions for administrative expenses of any other department

22 or agency which is a member of the American Consortium

23 on International Public Administration (ACIPA) shall be

24 available to finance an appropriate share of ACIPA costs

25 as determined by the ACIPA, including any expenses at-
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1 tributable to membership of ACIPA in the International

2 Institute of Administrative Sciences.

3 TITLE III—GENERAL PROVISIONS

4 SEC. 301. No part of the funds appropriated in this

5 Act shall be used for the maintenance or care of private

6 vehicles, except for emergency assistance and cleaning as

7 may be provided under regulations relating to parking fa8 cilities for the House of Representatives issued by the

9 Committee on House Oversight and for the Senate issued

10 by the Committee on Rules and Administration.

11 SEC. 302. No part of the funds appropriated in this

12 Act shall remain available for obligation beyond fiscal year

13 1997 unless expressly so provided in this Act.

14 SEC. 303. Whenever in this Act any office or position

15 not specifically established by the Legislative Pay Act of

16 1929 is appropriated for or the rate of compensation or

17 designation of any office or position appropriated for is

18 different from that specifically established by such Act,

19 the rate of compensation and the designation in this Act

20 shall be the permanent law with respect thereto: Provided,

21 That the provisions in this Act for the various items of

22 official expenses of Members, officers, and committees of

23 the Senate and House of Representatives, and clerk hire

24 for Senators and Members of the House of Representa25 tives shall be the permanent law with respect thereto.
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1 SEC. 304. The expenditure of any appropriation

2 under this Act for any consulting service through procure3 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

4 to those contracts where such expenditures are a matter

5 of public record and available for public inspection, except

6 where otherwise provided under existing law, or under ex7 isting Executive order issued pursuant to existing law.

8 SEC. 305. Such sums as may be necessary are appro9 priated to the account described in subsection (a) of sec10 tion 415 of Public Law 104–1 to pay awards and settle11 ments as authorized under such subsection.

12 SEC. 306. Section 316 of Public Law 101–302 is

13 amended in the first sentence of subsection (a) by striking

14 ‘‘1997’’ and inserting ‘‘1998’’.

15 SEC. 307. The Government Printing Office shall be

16 considered an agency for the purposes of the election in

17 section 801(b)(2)(B) of the National Energy Conservation

18 Policy Act and the Public Printer shall be considered the

19 head of the agency for purposes of subsection (b)(2)(C)

20 of such section.

21 SEC. 308. RESIDENCE OF MEMBERS OF CON22 GRESS.—Section 113 of title 4, United States Code, is

23 amended—

24 (1) in the section heading by striking ‘‘for State

25 income tax laws’’; and
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1 (2) by striking subsection (b) and inserting the

2 following new subsections:

3 ‘‘(b) Notwithstanding any other provision of law, a

4 Member of Congress and the Member’s spouse, depend5 ents, and staff shall be treated as permanent residents and

6 domiciliaries of the State or district which the Member

7 represents, notwithstanding that the Member and the

8 Member’s spouse, dependents, and staff may be absent

9 from, or may maintain a place of abode outside of, such

10 State. A Member of Congress and the Member’s spouse,

11 dependents, and staff shall be entitled to the same rights,

12 privileges, immunities, and benefits and shall be subject

13 to the same responsibilities, taxation, and liabilities as

14 other residents and domiciliaries who physically reside in

15 such State, including maintaining a State driver’s license,

16 registering vehicles in such State (without regard to

17 whether such vehicle is physically located in such State),

18 registering to vote in such State, and qualifying for bene19 fits, loans, or other programs that such State may make

20 available to other residents and domiciliaries who phys21 ically reside in such State.

22 ‘‘(c) For the purposes of this section—

23 ‘‘(1) the term ‘Member of Congress’ includes

24 the delegates from the District of Columbia, Guam,
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1 and the Virgin Islands, and the Resident Commis2 sioner from Puerto Rico;

3 ‘‘(2) the term ‘State’ includes the District of

4 Columbia; and

5 ‘‘(3) the term ‘dependents’ includes any per6 son—

7 ‘‘(A) who derives his or her support from

8 a Member of Congress; and

9 ‘‘(B)(i) is a child of such Member who is

10 age 23 or younger; or

11 ‘‘(ii) is a ward of such Member; and

12 ‘‘(4) the term ‘staff’ means any person who—

13 ‘‘(A) is in the employ of the Member of

14 Congress for the purpose of assisting the Mem15 ber in the performance of official duties; and

16 ‘‘(B) was resident and domiciliary of the

17 State or district which the Member represents

18 when such person entered the employ of the

19 Member.

20 ‘‘(d) This section shall not apply to any spouse, de21 pendent, or staff of a Member of Congress who claims

22 residency or a domicile in a State other than the State

23 which the Member represents or in which the Member’s

24 district is located.’’.
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1 (b) The chapter analysis for chapter 4 of title 4,

2 United States Code, is amended in the item for section

3 113 by striking ‘‘for State income tax laws’’.

4 SEC. 309. (a) SEVERANCE PAY.—Section 5595 of

5 title 5, United States Code, is amended—

6 (1) in subsection (a)(1)—

7 (A) in subparagraph (D) by striking ‘‘and’’

8 after the semicolon; and

9 (B) by adding after subparagraph (E) the

10 following new subparagraph:

11 ‘‘(F) the Office of the Architect of the

12 Capitol, but only with respect to the United

13 States Senate Restaurants; and’’;

14 (2) in subsection (a)(2)—

15 (A) in clause (vii) by striking ‘‘or’’ after

16 the semicolon;

17 (B) by redesignating clause (viii) as clause

18 (ix) and inserting after clause (vii) the follow19 ing:

20 ‘‘(viii) an employee of the United

21 States Senate Restaurants of the Office of

22 the Architect of the Capitol, who is em23 ployed on a temporary when actually em24 ployed basis; or’’; and
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1 (3) in subsection (b) by adding at the end the

2 following: ‘‘The Architect of the Capitol may pre3 scribe regulations to effect the application and oper4 ation of this section to the agency specified in sub5 section (a)(1)(F) of this section.’’.

6 (b) EARLY RETIREMENT.—(1) This subsection ap7 plies to an employee of the United States Senate Res8 taurants of the Office of the Architect of the Capitol

9 who—

10 (A) voluntarily separates from service on or

11 after the date of enactment of this Act and before

12 October 1, 1999; and

13 (B) on such date of separation—

14 (i) has completed 25 years of service as de15 fined under section 8331(12) or 8401(26) of

16 title 5, United States Code; or

17 (ii) has completed 20 years of such service

18 and is at least 50 years of age.

19 (2) Notwithstanding any provision of chapter 83 or

20 84 of title 5, United States Code, an employee described

21 under paragraph (1) is entitled to an annuity which shall

22 be computed consistent with the provisions of law applica23 ble to annuities under section 8336(d) or 8414(b) of title

24 5, United States Code.
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1 (c) VOLUNTARY SEPARATION INCENTIVE PAY2 MENTS.—(1) In this subsection, the term ‘‘employee’’

3 means an employee of the United States Senate Res4 taurants of the Office of the Architect of the Capitol, serv5 ing without limitation, who has been currently employed

6 for a continuous period of at least 12 months, except that

7 such term shall not include—

8 (A) a reemployed annuitant under subchapter

9 III of chapter 83 or chapter 84 of title 5, United

10 States Code, or another retirement system for em11 ployees of the Government;

12 (B) an employee having a disability on the basis

13 of which such employee is or would be eligible for

14 disability retirement under any of the retirement

15 systems referred to in subparagraph (A); or

16 (C) an employee who is employed on a tem17 porary when actually employed basis.

18 (2) Notwithstanding any other provision of law, in

19 order to avoid or minimize the need for involuntary sepa20 rations due to a reduction in force, reorganization, trans21 fer of function, or other similar action affecting the agen22 cy, the Architect of the Capitol shall establish a program

23 under which voluntary separation incentive payments may

24 be offered to encourage not more than 50 eligible employ25 ees to separate from service voluntarily (whether by retire-
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1 ment or resignation) during the period beginning on the

2 date of the enactment of this Act through September 30,

3 1999.

4 (3) Such voluntary separation incentive payments

5 shall be paid in accordance with the provisions of section

6 5597(d) of title 5, United States Code. Any such payment

7 shall not be a basis of payment, and shall not be included

8 in the computation, of any other type of Government bene9 fit.

10 (4)(A) Subject to subparagraph (B), an employee

11 who has received a voluntary separation incentive payment

12 under this section and accepts employment with the Gov13 ernment of the United States within 5 years after the date

14 of the separation on which the payment is based shall be

15 required to repay the entire amount of the incentive pay16 ment to the agency that paid the incentive payment.

17 (B)(i) If the employment is with an Executive agency

18 (as defined by section 105 of title 5, United State Code),

19 the Director of the Office of Personnel Management may,

20 at the request of the head of the agency, waive the repay21 ment if the individual involved possesses unique abilities

22 and is the only qualified applicant available for the posi23 tion.

24 (ii) If the employment is with an entity in the legisla25 tive branch, the head of the entity or the appointing offi-
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1 cial may waive the repayment if the individual involved

2 possesses unique abilities and is the only qualified appli3 cant available for the position.

4 (iii) If the employment is with the judicial branch,

5 the Director of the Administrative Office of the United

6 States Courts may waive the repayment if the individual

7 involved possesses unique abilities and is the only qualified

8 applicant available for the position.

9 (C) For purposes of subparagraph (A) (but not sub10 paragraph (B)), the term ‘‘employment’’ includes employ11 ment under a personal services contract with the United

12 States.

13 (5) The Architect of the Capitol may prescribe regu14 lations to carry out this subsection.

15 (d) COMPETITIVE SERVICE TREATMENT FOR CER16 TAIN EMPLOYEES.—(1) This subsection applies to any

17 employee of the United States Senate Restaurants of the

18 Office of the Architect of the Capitol who—

19 (A) is involuntarily separated from service on or

20 after the date of the enactment of this Act and be21 fore October 1, 1999 (except by removal for cause

22 on charges of misconduct or delinquency); and

23 (B) has performed any period of service em24 ployed in the Office of the Architect of the Capitol

25 (including the United States Senate Restaurants) in
47

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1 a position in the excepted service as defined under

2 section 2103 of title 5, United States Code.

3 (2) For purposes of applying for employment for any

4 position in the executive branch (including for purposes

5 of the administration of chapter 33 of title 5, United

6 States Code, with respect to such employment applica7 tion), any period of service described under paragraph

8 (1)(B) of this subsection shall be deemed a period of serv9 ice in the competitive service as defined under section

10 2102 of title 5, United States Code.

11 (3) This subsection shall—

12 (A) take effect on the date of enactment of this

13 Act; and

14 (B) apply only to an employment application

15 submitted by an employee during the 2-year period

16 beginning on the date of such employee’s separation

17 from service described under paragraph (1)(A).

18 (e) RETRAINING, JOB PLACEMENT, AND COUNSEL19 ING SERVICES.—(1) In this subsection, the term ‘‘em20 ployee’’—

21 (A) means an employee of the United States

22 Senate Restaurants of the Office of the Architect of

23 the Capitol; and

24 (B) shall not include—
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1 (i) a reemployed annuitant under sub2 chapter III of chapter 83 or chapter 84 of title

3 5, United States Code, or another retirement

4 system for employees of the Government; or

5 (ii) an employee who is employed on a tem6 porary when actually employed basis.

7 (2) The Architect of the Capitol may establish a pro8 gram to provide retraining, job placement, and counseling

9 services to employees and former employees.

10 (3) A former employee may not participate in a pro11 gram established under this subsection, if—

12 (A) the former employee was separated from

13 service with the United States Senate Restaurants

14 of the Office of the Architect of the Capitol for more

15 than 1 year; or

16 (B) the separation was by removal for cause on

17 charges of misconduct or delinquency.

18 (4) Retraining costs for the program established

19 under this subsection may not exceed $5,000 for each em20 ployee or former employee.

21 (f) ADMINISTRATIVE PROVISIONS.—(1) The Archi22 tect of the Capitol—

23 (A) may use employees of the Office of the Ar24 chitect of the Capitol to establish and administer
49

S 1019 PCS

1 programs and carry out the provisions of this sec2 tion; and

3 (B) may procure temporary and intermittent

4 services under section 3109(b) of title 5, United

5 States Code, to carry out such provisions—

6 (i) not subject to the 1 year of service limi7 tation under such section 3109(b); and

8 (ii) at rates for individuals which do not

9 exceed the daily equivalent of the annual rate of

10 basic pay prescribed for level V of the Executive

11 Schedule under section 5316 of such title.

12 (2) Funds to carry out subsections (a) and (c) may

13 be expended only from funds available for the basic pay

14 of the employee who is receiving the applicable payment.

15 (3) Funds to carry out subsection (e) may be ex16 pended from any funds made available to the Architect

17 of the Capitol.

18 This Act may be cited as the ‘‘Legislative Branch Ap19 propriations Act, 1998’’.
Calendar No. 110

105TH CONGRESS

1ST SESSION S. 1019

[Report No. 105–47]

A BILL

Making appropriations for the legislative branch for

for other purposes.the fiscal year ending September 30, 1998, and

JULY 15, 1997

Read twice and placed on the calendar