108TH CONGRESS

2D SESSION H. R. 4755

AN ACT

Making appropriations for the Legislative Branch

and for other purposes.for the fiscal year ending September 30, 2005,

108TH CONGRESS

2D SESSION H. R. 4755

AN ACT

Making appropriations for the Legislative Branch for the

fiscal year ending September 30, 2005, 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
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1 money in the Treasury not otherwise appropriated, for the

2 Legislative Branch for the fiscal year ending September

3 30, 2005, and for other purposes, namely:

4 TITLE I—LEGISLATIVE BRANCH

5 APPROPRIATIONS

6 HOUSE OF REPRESENTATIVES

7 SALARIES AND EXPENSES

8 For salaries and expenses of the House of Represent9 atives, $1,044,281,000, as follows:

10 HOUSE LEADERSHIP OFFICES

11 For salaries and expenses, as authorized by law,

12 $18,678,000, including: Office of the Speaker,

13 $2,708,000, including $25,000 for official expenses of the

14 Speaker; Office of the Majority Floor Leader, $2,027,000,

15 including $10,000 for official expenses of the Majority

16 Leader; Office of the Minority Floor Leader, $2,840,000,

17 including $10,000 for official expenses of the Minority

18 Leader; Office of the Majority Whip, including the Chief

19 Deputy Majority Whip, $1,741,000, including $5,000 for

20 official expenses of the Majority Whip; Office of the Mi21 nority Whip, including the Chief Deputy Minority Whip,

22 $1,303,000, including $5,000 for official expenses of the

23 Minority Whip; Speaker’s Office for Legislative Floor Ac24 tivities, $470,000; Republican Steering Committee,

25 $881,000; Republican Conference, $1,500,000; Demo26 cratic Steering and Policy Committee, $1,589,000; Demo-
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1 cratic Caucus, $792,000; nine minority employees,

2 $1,409,000; training and program development—major3 ity, $290,000; training and program development—minor4 ity, $290,000; Cloakroom Personnel—majority, $419,000;

5 and Cloakroom Personnel—minority, $419,000.

6 MEMBERS’ REPRESENTATIONAL ALLOWANCES

7 INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL

8 EXPENSES OF MEMBERS, AND OFFICIAL MAIL

9 For Members’ representational allowances, including

10 Members’ clerk hire, official expenses, and official mail,

11 $521,195,000.

12 COMMITTEE EMPLOYEES

13 STANDING COMMITTEES, SPECIAL AND SELECT

14 For salaries and expenses of standing committees,

15 special and select, authorized by House resolutions,

16 $114,299,000: Provided, That such amount shall remain

17 available for such salaries and expenses until December

18 31, 2006.

19 COMMITTEE ON APPROPRIATIONS

20 For salaries and expenses of the Committee on Ap21 propriations, $24,926,000, including studies and examina22 tions of executive agencies and temporary personal serv23 ices for such committee, to be expended in accordance with

24 section 202(b) of the Legislative Reorganization Act of

25 1946 and to be available for reimbursement to agencies
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1 for services performed: Provided, That such amount shall

2 remain available for such salaries and expenses until De3 cember 31, 2006.

4 SALARIES, OFFICERS AND EMPLOYEES

5 For compensation and expenses of officers and em6 ployees, as authorized by law, $160,133,000, including:

7 for salaries and expenses of the Office of the Clerk, includ8 ing not more than $13,000, of which not more than

9 $10,000 is for the Family Room, for official representa10 tion and reception expenses, $20,534,000; for salaries and

11 expenses of the Office of the Sergeant at Arms, including

12 the position of Superintendent of Garages, and including

13 not more than $3,000 for official representation and re14 ception expenses, $5,879,000; for salaries and expenses of

15 the Office of the Chief Administrative Officer,

16 $116,034,000, of which $7,500,000 shall remain available

17 until expended; for salaries and expenses of the Office of

18 the Inspector General, $3,986,000; for salaries and ex19 penses of the Office of Emergency Planning, Preparedness

20 and Operations, $1,000,000, to remain available until ex21 pended; for salaries and expenses of the Office of General

22 Counsel, $962,000; for the Office of the Chaplain,

23 $155,000; for salaries and expenses of the Office of the

24 Parliamentarian, including the Parliamentarian and

25 $2,000 for preparing the Digest of Rules, $1,673,000; for
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1 salaries and expenses of the Office of the Law Revision

2 Counsel of the House, $2,346,000; for salaries and ex3 penses of the Office of the Legislative Counsel of the

4 House, $6,721,000; for salaries and expenses of the Office

5 of Interparliamentary Affairs, $687,000; and for other au6 thorized employees, $156,000.

7 ALLOWANCES AND EXPENSES

8 For allowances and expenses as authorized by House

9 resolution or law, $205,050,000, including: supplies, mate10 rials, administrative costs and Federal tort claims,

11 $4,350,000; official mail for committees, leadership of12 fices, and administrative offices of the House, $410,000;

13 Government contributions for health, retirement, Social

14 Security, and other applicable employee benefits,

15 $199,600,000; and miscellaneous items including pur16 chase, exchange, maintenance, repair and operation of

17 House motor vehicles, interparliamentary receptions, and

18 gratuities to heirs of deceased employees of the House,

19 $690,000.

20 CHILD CARE CENTER

21 For salaries and expenses of the House of Represent22 atives Child Care Center, such amounts as are deposited

23 in the account established by section 312(d)(1) of the Leg24 islative Branch Appropriations Act, 1992 (2 U.S.C. 2112),

25 subject to the level specified in the budget of the Center,
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1 as submitted to the Committee on Appropriations of the

2 House of Representatives.

3 ADMINISTRATIVE PROVISIONS

4 SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN

5 MEMBERS’ REPRESENTATIONAL ALLOWANCES TO BE

6 USED FOR DEFICIT REDUCTION OR TO REDUCE THE

7 FEDERAL DEBT.—Notwithstanding any other provision of

8 law, any amounts appropriated under this Act for

9 ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND

10 EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOW11 ANCES’’ shall be available only for fiscal year 2005. Any

12 amount remaining after all payments are made under such

13 allowances for fiscal year 2005 shall be deposited in the

14 Treasury and used for deficit reduction (or, if there is no

15 Federal budget deficit after all such payments have been

16 made, for reducing the Federal debt, in such manner as

17 the Secretary of the Treasury considers appropriate).

18 (b) REGULATIONS.—The Committee on House Ad19 ministration of the House of Representatives shall have

20 authority to prescribe regulations to carry out this section.

21 (c) DEFINITION.—As used in this section, the term

22 ‘‘Member of the House of Representatives’’ means a Rep23 resentative in, or a Delegate or Resident Commissioner

24 to, the Congress.
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1 SEC. 102. NET EXPENSES OF TELECOMMUNI2 CATIONS REVOLVING FUND. (a) There is hereby estab3 lished in the Treasury of the United States a revolving

4 fund for the House of Representatives to be known as the

5 Net Expenses of Telecommunications Revolving Fund

6 (hereafter in this section referred to as the ‘‘Revolving

7 Fund’’), consisting of funds deposited by the Chief Admin8 istrative Officer of the House of Representatives from

9 amounts provided by legislative branch offices to purchase,

10 lease, obtain, and maintain the data and voice tele11 communications services and equipment located in such

12 offices.

13 (b) Amounts in the Revolving Fund shall be used by

14 the Chief Administrative Officer without fiscal year limita15 tion to purchase, lease, obtain, and maintain the data and

16 voice telecommunications services and equipment of legis17 lative branch offices.

18 (c) The Revolving Fund shall be treated as a category

19 of allowances and expenses for purposes of section 101(a)

20 of the Legislative Branch Appropriations Act, 1993 (2

21 U.S.C. 95b(a)).

22 (d) Section 306 of the Legislative Branch Appropria23 tions Act, 1989 (2 U.S.C. 117f) is amended—

24 (1) by striking subsection (b) and redesignating

25 subsection (c) as subsection (b); and
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1 (2) in subsection (b) (as so redesignated), by

2 striking ‘‘subsections (a) and (b)’’ and inserting

3 ‘‘subsection (a)’’.

4 (e) Section 102 of the Legislative Branch Appropria5 tions Act, 2003 (2 U.S.C. 112g) is amended by adding

6 at the end the following new subsection:

7 ‘‘(e) This section shall not apply with respect to any

8 telecommunications equipment which is subject to cov9 erage under section 103 of the Legislative Branch Appro10 priations Act, 2005 (relating to the Net Expenses of Tele11 communications Revolving Fund).’’.

12 (f) This section and the amendments made by this

13 section shall apply with respect to fiscal year 2005 and

14 each succeeding fiscal year, except that for purposes of

15 making deposits into the Revolving Fund under subsection

16 (a), the Chief Administrative Officer may deposit amounts

17 provided by legislative branch offices during fiscal year

18 2004 or any succeeding fiscal year.

19 SEC. 103. CONTRACT FOR EXERCISE FACILITY. (a)

20 IN GENERAL.—The Chief Administrative Officer of the

21 House of Representatives shall enter into a contract on

22 a competitive basis with a private entity for the manage23 ment, operation, and maintenance of the exercise facility

24 established for the use of employees of the House of Rep-
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1 resentatives which is constructed with funds made avail2 able under this Act.

3 (b) USE OF FEES TO SUPPORT CONTRACT.—Any

4 amounts paid as fees for the use of the exercise facility

5 described in subsection (a) shall be used to cover costs

6 incurred by the Chief Administrative Officer under the

7 contract entered into under this section or to otherwise

8 support the management, operation, and maintenance of

9 the facility, and shall remain available until expended.

10 SEC. 104. SENSE OF THE HOUSE. It is the sense of

11 the House of Representatives that Members of the House

12 who use vehicles in traveling for official and representa13 tional purposes, including Members who lease vehicles for

14 which the lease payments are made using funds provided

15 under the Members’ Representational Allowance, are en16 couraged to use hybrid electric and alternatively fueled ve17 hicles whenever possible, as the use of these vehicles will

18 help to move our Nation toward the use of a hydrogen

19 fuel cell vehicle and reduce our dependence on oil.

20 JOINT ITEMS

21 For Joint Committees, as follows:

22 JOINT ECONOMIC COMMITTEE

23 For salaries and expenses of the Joint Economic

24 Committee, $4,139,000, to be disbursed by the Secretary

25 of the Senate.
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1 JOINT COMMITTEE ON TAXATION

2 For salaries and expenses of the Joint Committee on

3 Taxation, $8,433,000, to be disbursed by the Chief Ad4 ministrative Officer of the House of Representatives.

5 For other joint items, as follows:

6 OFFICE OF THE ATTENDING PHYSICIAN

7 For medical supplies, equipment, and contingent ex8 penses of the emergency rooms, and for the Attending

9 Physician and his assistants, including: (1) an allowance

10 of $2,175 per month to the Attending Physician; (2) an

11 allowance of $725 per month each to four medical officers

12 while on duty in the Office of the Attending Physician;

13 (3) an allowance of $725 per month to two assistants and

14 $580 per month each not to exceed 11 assistants on the

15 basis heretofore provided for such assistants; and (4)

16 $1,680,000 for reimbursement to the Department of the

17 Navy for expenses incurred for staff and equipment as18 signed to the Office of the Attending Physician, which

19 shall be advanced and credited to the applicable appropria20 tion or appropriations from which such salaries, allow21 ances, and other expenses are payable and shall be avail22 able for all the purposes thereof, $2,528,000, to be dis23 bursed by the Chief Administrative Officer of the House

24 of Representatives.
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1 CAPITOL GUIDE SERVICE AND SPECIAL SERVICES

2 OFFICE

3 For salaries and expenses of the Capitol Guide Serv4 ice and Special Services Office, $3,844,000, to be dis5 bursed by the Secretary of the Senate: Provided, That no

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

7 58 individuals: Provided further, That the Capitol Guide

8 Board is authorized, during emergencies, to employ not

9 more than two additional individuals for not more than

10 120 days each, and not more than 10 additional individ11 uals for not more than 6 months each, for the Capitol

12 Guide Service.

13 STATEMENTS OF APPROPRIATIONS

14 For the preparation, under the direction of the Com15 mittees on Appropriations of the Senate and the House

16 of Representatives, of the statements for the second ses17 sion of the 108th Congress, showing appropriations made,

18 indefinite appropriations, and contracts authorized, to19 gether with a chronological history of the regular appro20 priations bills as required by law, $30,000, to be paid to

21 the persons designated by the chairmen of such commit22 tees to supervise the work.
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1 CAPITOL POLICE

2 SALARIES

3 For salaries of employees of the Capitol Police, in4 cluding overtime, hazardous duty pay differential, and

5 Government contributions for health, retirement, social se6 curity, professional liability insurance, and other applica7 ble employee benefits, $203,440,000, to be disbursed by

8 the Chief of the Capitol Police or his designee.

9 GENERAL EXPENSES

10 For necessary expenses of the Capitol Police, includ11 ing motor vehicles, communications and other equipment,

12 security equipment and installation, uniforms, weapons,

13 supplies, materials, training, medical services, forensic

14 services, stenographic services, personal and professional

15 services, the employee assistance program, the awards pro16 gram, postage, communication services, travel advances,

17 relocation of instructor and liaison personnel for the Fed18 eral Law Enforcement Training Center, and not more

19 than $5,000 to be expended on the certification of the

20 Chief of the Capitol Police in connection with official rep21 resentation and reception expenses, $28,888,000, of which

22 $700,000 shall remain available until expended, to be dis23 bursed by the Chief of the Capitol Police or his designee:

24 Provided, That, notwithstanding any other provision of

25 law, the cost of basic training for the Capitol Police at
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1 the Federal Law Enforcement Training Center for fiscal

2 year 2005 shall be paid by the Secretary of Homeland Se3 curity from funds available to the Department of Home4 land Security.

5 ADMINISTRATIVE PROVISIONS

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 1001. TRANSFER AUTHORITY. Amounts appro8 priated for fiscal year 2005 for the Capitol Police may

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

10 ‘‘GENERAL EXPENSES’’ upon the approval of the Commit11 tees on Appropriations of the Senate and the House of

12 Representatives.

13 SEC. 1002. RELEASE OF SECURITY INFORMATION.

14 (a) AUTHORITY OF BOARD TO DETERMINE CONDITIONS

15 FOR RELEASE.—Notwithstanding any other provision of

16 law, any information in the possession of the United

17 States Capitol Police (whether developed by the Capitol

18 Police or obtained by the Capitol Police from another

19 source) that relates to actions taken by the Capitol Police

20 in response to an emergency situation, or to any other

21 counterterrorism and security preparedness measures

22 taken by the Capitol Police, may be released by the Capitol

23 Police to another entity only if the Capitol Police Board

24 determines, in consultation with other appropriate law en25 forcement officials and experts in security preparedness,
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1 that the release of the information will not jeopardize the

2 physical security and safety of the facilities and properties

3 under the jurisdiction of the Capitol Police.

4 (b) RULE OF CONSTRUCTION REGARDING REQUESTS

5 FOR INFORMATION FROM CONGRESS.—Nothing in this

6 section may be construed to affect the ability of the House

7 of Representatives and the Senate (including any Member,

8 officer, or committee thereof) to obtain information from

9 the Capitol Police regarding the operations and activities

10 of the Capitol Police that affect the House of Representa11 tives and Senate.

12 (c) REGULATIONS.—The Capitol Police Board shall

13 promulgate regulations to carry out this section, with the

14 approval of the Committees on Appropriations of the

15 House of Representatives and Senate.

16 (d) EFFECTIVE DATE.—This section shall apply with

17 respect to fiscal year 2005 and each succeeding fiscal year.

18 SEC. 1003. SOLE AND EXCLUSIVE AUTHORITY OF

19 BOARD AND CHIEF TO DETERMINE RATES OF PAY. (a)

20 IN GENERAL.—The Capitol Police Board and the Chief

21 of the Capitol Police shall have the sole and exclusive au22 thority to determine the rates and amounts for each of

23 the following for members of the Capitol Police:

24 (1) The rate of basic pay (including the rate of

25 basic pay upon appointment), premium pay, spe-
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1 cialty assignment and proficiency pay, and merit

2 pay.

3 (2) The rate of cost-of-living adjustments, com4 parability adjustments, and locality adjustments.

5 (3) The amount for recruitment and relocation

6 bonuses.

7 (4) The amount for retention allowances.

8 (5) The amount for educational assistance pay9 ments.

10 (b) NO REVIEW OR APPEAL PERMITTED.—The de11 termination of a rate or amount described in subsection

12 (a) may not be subject to review or appeal in any manner.

13 (c) RULE OF CONSTRUCTION.—Nothing in this sec14 tion may be construed to affect—

15 (1) any authority provided under law for a com16 mittee of the House of Representatives or Senate, or

17 any other entity of the legislative branch, to review

18 or approve any determination of a rate or amount

19 described in subsection (a);

20 (2) any rate or amount described in subsection

21 (a) which is established under law; or

22 (3) the terms of any collective bargaining agree23 ment.

24 (d) EFFECTIVE DATE.—This section shall apply with

25 respect to fiscal year 2005 and each succeeding fiscal year.
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1 SEC. 1004. (a) AUTHORITY TO SETTLE CLAIMS

2 UNDER FEDERAL TORT CLAIMS ACT.—For purposes of

3 section 2672 of title 28, United States Code (relating to

4 the administrative adjustment of claims), the United

5 States Capitol Police shall be considered a Federal agency

6 and the Capitol Police Board shall be considered the head

7 of the agency.

8 (b) RULES OF CONSTRUCTION.—Nothing in this sec9 tion may be construed—

10 (1) to affect any authority relating to the pay11 ment of claims under title 31, United States Code;

12 or

13 (2) to affect the payment of any award or set14 tlement under the Congressional Accountability Act

15 of 1995.

16 (c) EFFECTIVE DATE.—This section shall apply with

17 respect to fiscal year 2005 and each succeeding fiscal year.

18 SEC. 1005. DEPLOYMENT OUTSIDE OF JURISDIC19 TION. (a) REQUIREMENTS FOR PRIOR NOTICE AND AP20 PROVAL.—The Chief of the Capitol Police may not deploy

21 any officer outside of the areas established by law for the

22 jurisdiction of the Capitol Police unless—

23 (1) the Chief provides prior notification to the

24 Committees on Appropriations of the House of Rep-
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1 resentatives and Senate of the costs anticipated to

2 be incurred with respect to the deployment; and

3 (2) the Capitol Police Board gives prior ap4 proval to the deployment.

5 (b) EXCEPTION FOR CERTAIN SERVICES.—Sub6 section (a) does not apply with respect to the deployment

7 of any officer for any of the following purposes:

8 (1) Responding to an imminent threat or emer9 gency.

10 (2) Intelligence gathering.

11 (3) Providing protective services.

12 (c) EFFECTIVE DATE.—This section shall apply with

13 respect to fiscal year 2005 and each succeeding fiscal year.

14 SEC. 1006. LEGAL COMPLIANCE SYSTEM. The Cap15 itol Police General Counsel, in conjunction with the Cap16 itol Police Employment Counsel for employment and labor

17 law matters, shall be responsible for implementing and

18 maintaining an effective legal compliance system with all

19 applicable laws, under the oversight of the Capitol Police

20 Board.

21 SEC. 1007. (a) IN GENERAL.—None of the funds

22 made available for the Capitol Police for any fiscal year

23 in any Act may be used for a mounted horse unit.

24 (b) EFFECTIVE DATE.—This section shall take effect

25 on the date of the enactment of this Act and shall apply
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1 with respect to the fiscal year in which such date occurs

2 and each succeeding fiscal year.

3 OFFICE OF COMPLIANCE

4 SALARIES AND EXPENSES

5 For salaries and expenses of the Office of Compli6 ance, as authorized by section 305 of the Congressional

7 Accountability Act of 1995 (2 U.S.C. 1385), $2,421,000,

8 of which $305,000 shall remain available until September

9 30, 2006: Provided, That the Executive Director of the

10 Office of Compliance may, within the limits of available

11 appropriations, dispose of surplus or obsolete personal

12 property by interagency transfer, donation, or discarding.

13 ADMINISTRATIVE PROVISION

14 SEC. 1101. (a) The Executive Director of the Office

15 of Compliance may, in order to recruit or retain qualified

16 personnel, establish and maintain hereafter a program

17 under which the Office may agree to repay (by direct pay18 ments on behalf of the employee) all or a portion of any

19 student loan previously taken out by such employee.

20 (b) The Executive Director may, by regulation, make

21 applicable such provisions of section 5379 of title 5,

22 United States Code, as the Executive Director determines

23 necessary to provide for such program.

24 (c) The regulations shall provide the amount paid by

25 the Office may not exceed—
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1 (1) $6,000 for any employee in any calendar

2 year; or

3 (2) a total of $40,000 in the case of any em4 ployee.

5 (d) The Office may not reimburse an employee for

6 any repayments made by such employee prior to the Office

7 entering into an agreement under this section with such

8 employee.

9 (e) Any amount repaid by, or recovered from, an indi10 vidual under this section and its implementing regulations

11 shall be credited to the appropriation account available for

12 salaries and expenses of the Office at the time of repay13 ment or recovery.

14 (f) This section shall apply to fiscal year 2005 and

15 each fiscal year thereafter.

16 CONGRESSIONAL BUDGET OFFICE

17 SALARIES AND EXPENSES

18 For salaries and expenses necessary for operation of

19 the Congressional Budget Office, including not more than

20 $3,000 to be expended on the certification of the Director

21 of the Congressional Budget Office in connection with offi22 cial representation and reception expenses, $34,790,000.
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1 ARCHITECT OF THE CAPITOL

2 GENERAL ADMINISTRATION

3 For salaries for the Architect of the Capitol, and

4 other personal services, at rates of pay provided by law;

5 for surveys and studies in connection with activities under

6 the care of the Architect of the Capitol; for all necessary

7 expenses for the general and administrative support of the

8 operations under the Architect of the Capitol including the

9 Botanic Garden; electrical substations of the Capitol, Sen10 ate and House office buildings, and other facilities under

11 the jurisdiction of the Architect of the Capitol; including

12 furnishings and office equipment; including not more than

13 $5,000 for official reception and representation expenses,

14 to be expended on the certification of the Architect of the

15 Capitol; for purchase or exchange, maintenance, and oper16 ation of a passenger motor vehicle, $79,581,000, of which

17 $1,500,000 shall remain available until September 30,

18 2009.

19 CAPITOL BUILDING

20 For all necessary expenses for the maintenance, care

21 and operation of the Capitol, $18,185,000, of which

22 $4,000,000 shall remain available until September 30,

23 2009.
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1 CAPITOL GROUNDS

2 For all necessary expenses for care and improvement

3 of grounds surrounding the Capitol, the Senate and House

4 office buildings, and the Capitol Power Plant, $7,033,000,

5 of which $527,000 shall remain available until September

6 30, 2009.

7 HOUSE OFFICE BUILDINGS

8 For all necessary expenses for the maintenance, care

9 and operation of the House office buildings, $65,130,000,

10 of which $27,103,000 shall remain available until Sep11 tember 30, 2009.

12 CAPITOL POWER PLANT

13 For all necessary expenses for the maintenance, care

14 and operation of the Capitol Power Plant; lighting, heat15 ing, power (including the purchase of electrical energy)

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

17 House office buildings, Library of Congress buildings, and

18 the grounds about the same, Botanic Garden, Senate ga19 rage, and air conditioning refrigeration not supplied from

20 plants in any of such buildings; heating the Government

21 Printing Office and Washington City Post Office, and

22 heating and chilled water for air conditioning for the Su23 preme Court Building, the Union Station complex, the

24 Thurgood Marshall Federal Judiciary Building and the

25 Folger Shakespeare Library, expenses for which shall be
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1 advanced or reimbursed upon request of the Architect of

2 the Capitol and amounts so received shall be deposited

3 into the Treasury to the credit of this appropriation,

4 $56,139,000, of which $630,000 shall remain available

5 until September 30, 2009: Provided, That not more than

6 $4,400,000 of the funds credited or to be reimbursed to

7 this appropriation as herein provided shall be available for

8 obligation during fiscal year 2005.

9 LIBRARY BUILDINGS AND GROUNDS

10 For all necessary expenses for the mechanical and

11 structural maintenance, care and operation of the Library

12 buildings and grounds, $34,783,000, of which

13 $18,110,000 shall remain available until September 30,

14 2009.

15 CAPITOL POLICE BUILDINGS AND GROUNDS

16 For all necessary expenses for the maintenance, care

17 and operation of buildings and grounds of the United

18 States Capitol Police, $4,883,000.

19 BOTANIC GARDEN

20 For all necessary expenses for the maintenance, care

21 and operation of the Botanic Garden and the nurseries,

22 buildings, grounds, and collections; and purchase and ex23 change, maintenance, repair, and operation of a passenger

24 motor vehicle; all under the direction of the Joint Com25 mittee on the Library, $5,932,000: Provided, That this ap-
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1 propriation shall not be available for construction of the

2 National Garden.

3 MANAGEMENT AND OPERATION OF CAPITOL POWER

4 PLANT

5 SEC. 1201. (a) CONTRACT WITH PRIVATE ENTITY

6 FOR MANAGEMENT AND OPERATION OF THE CAPITOL

7 POWER PLANT.—

8 (1) IN GENERAL.—Not later than 1 year after

9 the Committees on Appropriations of the House of

10 Representatives and Senate notify the Architect of

11 the Capitol that the Committees approve the imple12 mentation plan submitted under subsection (b), the

13 Architect shall enter into a contract with a private

14 entity for the management and operation of the

15 Capitol Power Plant.

16 (2) REQUIREMENTS FOR CONTRACT.—The con17 tract entered into under this subsection—

18 (A) shall be awarded on a competitive

19 basis;

20 (B) shall include such terms and condi21 tions as the Architect of the Capitol deems nec22 essary to ensure that the Capitol Power Plant

23 will continue to provide lighting, heating, power,

24 and air conditioning services to the United

25 States Capitol, Senate and House office build-
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1 ings, the Supreme Court Building, and the

2 other facilities served by the Plant;

3 (C) shall be carried out in a manner con4 sistent with the implementation plan submitted

5 under subsection (b), as approved by the Com6 mittees on Appropriations of the House of Rep7 resentatives and Senate; and

8 (D) if the contract is a multiyear contract,

9 shall meet the requirements described in para10 graph (3).

11 (3) SPECIAL RULES FOR MULTIYEAR CON12 TRACT.—The Architect may enter into a contract

13 under this subsection which is a multiyear contract

14 subject to the following conditions:

15 (A) The Architect determines that—

16 (i) the need for the services provided

17 will continue over the period of the con18 tract;

19 (ii) the use of a multiyear contract

20 will yield substantial cost savings; and

21 (iii) the use of a multiyear contract

22 will not eliminate the ability of small busi23 nesses to compete for and enter into the

24 contract.
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1 (B) For the first fiscal year for which the

2 contract will be in effect, there are sufficient

3 funds available for payments of the costs of the

4 contract during the year, including any termi5 nation and cancellation costs. Amounts avail6 able for paying termination and cancellation

7 costs shall remain available until the costs asso8 ciated with the termination and cancellation of

9 the contract are paid.

10 (C) The period covered by the contract is

11 not longer than 10 years.

12 (b) IMPLEMENTATION PLAN.—

13 (1) SUBMISSION TO COMMITTEES.—Not later

14 than 270 days after the date of the enactment of

15 this Act or 270 days after the date of the completion

16 of the West Refrigeration Plant (whichever occurs

17 later), the Architect of the Capitol shall submit to

18 the Committees on Appropriations of the House of

19 Representatives and Senate an implementation plan

20 for carrying out the requirements of this section.

21 (2) CONTENTS OF PLAN.—The implementation

22 plan shall include the following elements:

23 (A) A description of the steps the Architect

24 shall take to minimize the cost and ensure the
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1 effectiveness of the operation of the Capitol

2 Power Plant.

3 (B) A description of how the Architect will

4 administer the competition for the contract en5 tered into under subsection (a) for the manage6 ment and operation of the Capitol Power Plant,

7 including the key logistic milestones that will

8 affect the competition.

9 (C) A description of the budgetary impact

10 of the contract and the proposed schedule of

11 the appropriations that will be required to cover

12 the costs of the contract.

13 (D) The actions to be taken by the Archi14 tect to ensure effective performance of the con15 tractor, including a description of the manage16 ment systems the Architect will use to monitor

17 and oversee the contractor’s efforts, the antici18 pated performance standards that the con19 tractor will be measured against (including the

20 levels of plant capacity, efficiency of fuel and

21 deliveries of steam and chilled water, and emis22 sion levels) and such other standards that in

23 the Architect’s judgment are needed to ensure

24 the efficient operation of the Plant.
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1 (E) The steps to be taken to ensure system

2 operations and reliability by maintaining ade3 quate levels of facility maintenance and staff4 ing.

5 (F) The specifications of security measures

6 to be taken to ensure the safety and protection

7 of the Plant, including its utility distribution

8 systems, and the steps that will be taken to co9 ordinate these efforts with the United States

10 Capitol Police.

11 (G) The steps to be taken to continue the

12 multi-use fuel capability of the Plant.

13 (H) A description of a plan to manage the

14 transition to the contractor for the management

15 and operation of the facility, including steps to

16 be taken to mitigate the effect of the contract

17 on the Plant’s existing employees.

18 (I) An analysis of the cost and feasibility

19 of incorporating a combined steam and elec20 trical power generation system for the Plant.

21 (c) RULE OF CONSTRUCTION.—Nothing in this sec22 tion may be construed to limit the authority of the Archi23 tect of the Capitol to procure any services under any other

24 authority.
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1 LIBRARY OF CONGRESS

2 SALARIES AND EXPENSES

3 For necessary expenses of the Library of Congress

4 not otherwise provided for, including development and

5 maintenance of the Library’s catalogs; custody and custo6 dial care of the Library buildings; special clothing; clean7 ing, laundering and repair of uniforms; preservation of

8 motion pictures in the custody of the Library; operation

9 and maintenance of the American Folklife Center in the

10 Library; preparation and distribution of catalog records

11 and other publications of the Library; hire or purchase

12 of one passenger motor vehicle; and expenses of the Li13 brary of Congress Trust Fund Board not properly charge14 able to the income of any trust fund held by the Board,

15 $373,225,000, of which not more than $6,000,000 shall

16 be derived from collections credited to this appropriation

17 during fiscal year 2005, and shall remain available until

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

19 32 Stat. 480; 2 U.S.C. 150) and not more than $350,000

20 shall be derived from collections during fiscal year 2005

21 and shall remain available until expended for the develop22 ment and maintenance of an international legal informa23 tion database and activities related thereto: Provided,

24 That the Library of Congress may not obligate or expend

25 any funds derived from collections under the Act of June
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1 28, 1902, in excess of the amount authorized for obliga2 tion or expenditure in appropriations Acts: Provided fur3 ther, That the total amount available for obligation shall

4 be reduced by the amount by which collections are less

5 than $6,350,000: Provided further, That of the total

6 amount appropriated, $12,481,000 shall remain available

7 until expended for acquisition of books, periodicals, news8 papers, and all other materials including subscriptions for

9 bibliographic services for the Library, including $40,000

10 to be available solely for the purchase, when specifically

11 approved by the Librarian, of special and unique materials

12 for additions to the collections: Provided further, That of

13 the total amount appropriated, not more than $12,000

14 may be expended, on the certification of the Librarian of

15 Congress, in connection with official representation and

16 reception expenses for the Overseas Field Offices: Pro17 vided further, That of the total amount appropriated,

18 $250,000 shall remain available until expended, and shall

19 be transferred to the Abraham Lincoln Bicentennial Com20 mission for carrying out the purposes of Public Law 106–

21 173, of which $10,000 may be used for official representa22 tion and reception expenses of the Abraham Lincoln Bi23 centennial Commission: Provided further, That of the total

24 amount appropriated, $11,026,000 shall remain available

25 until expended for partial support of the National Audio-
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1 Visual Conservation Center: Provided further, That of the

2 total amount appropriated, $2,795,000 shall remain avail3 able until expended for the development and maintenance

4 of the Alternate Computer Facility.

5 COPYRIGHT OFFICE

6 SALARIES AND EXPENSES

7 For necessary expenses of the Copyright Office,

8 $53,518,000, of which not more than $26,981,000, to re9 main available until expended, shall be derived from collec10 tions credited to this appropriation during fiscal year 2005

11 under section 708(d) of title 17, United States Code: Pro12 vided, That the Copyright Office may not obligate or ex13 pend any funds derived from collections under such sec14 tion, in excess of the amount authorized for obligation or

15 expenditure in appropriations Acts: Provided further, That

16 not more than $6,496,000 shall be derived from collections

17 during fiscal year 2005 under sections 111(d)(2),

18 119(b)(2), 802(h), 1005, and 1316 of such title: Provided

19 further, That the total amount available for obligation

20 shall be reduced by the amount by which collections are

21 less than $33,477,000: Provided further, That not more

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

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

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

25 purpose of training nationals of developing countries in
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1 intellectual property laws and policies: Provided further,

2 That not more than $4,250 may be expended, on the cer3 tification of the Librarian of Congress, in connection with

4 official representation and reception expenses for activities

5 of the International Copyright Institute and for copyright

6 delegations, visitors, and seminars.

7 CONGRESSIONAL RESEARCH SERVICE

8 SALARIES AND EXPENSES

9 For necessary expenses to carry out the provisions

10 of section 203 of the Legislative Reorganization Act of

11 1946 (2 U.S.C. 166) and to revise and extend the Anno12 tated Constitution of the United States of America,

13 $96,385,000: Provided, That no part of such amount may

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

15 any publication, or preparation of material therefor (ex16 cept the Digest of Public General Bills), to be issued by

17 the Library of Congress unless such publication has ob18 tained prior approval of either the Committee on House

19 Administration of the House of Representatives or the

20 Committee on Rules and Administration of the Senate.

21 BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

22 SALARIES AND EXPENSES

23 For salaries and expenses to carry out the Act

24 of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C.
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1 135a), $60,187,000, of which $22,210,000 shall remain

2 available until expended.

3 ADMINISTRATIVE PROVISIONS

4 SEC. 1301. INCENTIVE AWARDS PROGRAM. Of the

5 amounts appropriated to the Library of Congress in this

6 Act, not more than $5,000 may be expended, on the cer7 tification of the Librarian of Congress, in connection with

8 official representation and reception expenses for the in9 centive awards program.

10 SEC. 1302. REIMBURSABLE AND REVOLVING FUND

11 ACTIVITIES. (a) IN GENERAL.—For fiscal year 2005, the

12 obligational authority of the Library of Congress for the

13 activities described in subsection (b) may not exceed

14 $106,985,000.

15 (b) ACTIVITIES.—The activities referred to in sub16 section (a) are reimbursable and revolving fund activities

17 that are funded from sources other than appropriations

18 to the Library in appropriations Acts for the legislative

19 branch.

20 (c) TRANSFER OF FUNDS.—During fiscal year 2005,

21 the Librarian of Congress may temporarily transfer funds

22 appropriated in this Act, under the heading ‘‘LIBRARY

23 OF CONGRESS’’ under the subheading ‘‘SALARIES AND

24 EXPENSES’’ to the revolving fund for the FEDLINK Pro25 gram and the Federal Research Program established
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1 under section 103 of the Library of Congress Fiscal Oper2 ations Improvement Act of 2000 (Public Law 106–481;

3 2 U.S.C. 182c): Provided, That the total amount of such

4 transfers may not exceed $1,900,000: Provided further,

5 That the appropriate revolving fund account shall reim6 burse the Library for any amounts transferred to it before

7 the period of availability of the Library appropriation ex8 pires.

9 SEC. 1303. NATIONAL DIGITAL INFORMATION IN10 FRASTRUCTURE AND PRESERVATION PROGRAM. The first

11 proviso under the heading ‘‘LIBRARY OF CON12 GRESS—SALARIES AND EXPENSES’’ in chapter 9 of divi13 sion A of the Miscellaneous Appropriations Act, 2001, as

14 enacted into law by section 1(a)(4) of the Consolidated

15 Appropriations Act, 2001 (Public Law 106–554; 114 Stat.

16 2763A–194), as amended by section 1303 of the Legisla17 tive Branch Appropriations Act, 2003, is amended—

18 (1) by striking ‘‘other than money’’ and insert19 ing ‘‘other than money and pledges’’; and

20 (2) by striking ‘‘March 31, 2005’’ and inserting

21 ‘‘March 31, 2010’’.
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1 GOVERNMENT PRINTING OFFICE

2 CONGRESSIONAL PRINTING AND BINDING

3 (INCLUDING TRANSFER OF FUNDS)

4 For authorized printing and binding for the Congress

5 and the distribution of Congressional information in any

6 format; printing and binding for the Architect of the Cap7 itol; expenses necessary for preparing the semimonthly

8 and session index to the Congressional Record, as author9 ized by law (section 902 of title 44, United States Code);

10 printing and binding of Government publications author11 ized by law to be distributed to Members of Congress; and

12 printing, binding, and distribution of Government publica13 tions authorized by law to be distributed without charge

14 to the recipient, $88,800,000: Provided, That this appro15 priation shall not be available for paper copies of the per16 manent edition of the Congressional Record for individual

17 Representatives, Resident Commissioners or Delegates au18 thorized under section 906 of title 44, United States Code:

19 Provided further, That this appropriation shall be available

20 for the payment of obligations incurred under the appro21 priations for similar purposes for preceding fiscal years:

22 Provided further, That notwithstanding the 2-year limita23 tion under section 718 of title 44, United States Code,

24 none of the funds appropriated or made available under

25 this Act or any other Act for printing and binding and
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1 related services provided to Congress under chapter 7 of

2 title 44, United States Code, may be expended to print

3 a document, report, or publication after the 27-month pe4 riod beginning on the date that such document, report,

5 or publication is authorized by Congress to be printed, un6 less Congress reauthorizes such printing in accordance

7 with section 718 of title 44, United States Code: Provided

8 further, That any unobligated or unexpended balances in

9 this account or accounts for similar purposes for preceding

10 fiscal years may be transferred to the Government Print11 ing Office revolving fund for carrying out the purposes of

12 this heading, subject to the approval of the Committees

13 on Appropriations of the House of Representatives and

14 Senate.

15 OFFICE OF SUPERINTENDENT OF DOCUMENTS

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFER OF FUNDS)

18 For expenses of the Office of Superintendent of Doc19 uments necessary to provide for the cataloging and index20 ing of Government publications and their distribution to

21 the public, Members of Congress, other Government agen22 cies, and designated depository and international exchange

23 libraries as authorized by law, $32,524,000: Provided,

24 That amounts of not more than $2,000,000 from current

25 year appropriations are authorized for producing and dis26 seminating Congressional serial sets and other related
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1 publications for fiscal years 2003 and 2004 to depository

2 and other designated libraries: Provided further, That any

3 unobligated or unexpended balances in this account or ac4 counts for similar purposes for preceding fiscal years may

5 be transferred to the Government Printing Office revolv6 ing fund for carrying out the purposes of this heading,

7 subject to the approval of the Committees on Appropria8 tions of the House of Representatives and Senate.

9 GOVERNMENT PRINTING OFFICE REVOLVING FUND

10 The Government Printing Office may make such ex11 penditures, within the limits of funds available and in ac12 cord with the law, and to make such contracts and com13 mitments without regard to fiscal year limitations as pro14 vided by section 9104 of title 31, United States Code, as

15 may be necessary in carrying out the programs and pur16 poses set forth in the budget for the current fiscal year

17 for the Government Printing Office revolving fund: Pro18 vided, That not more than $5,000 may be expended on

19 the certification of the Public Printer in connection with

20 official representation and reception expenses: Provided

21 further, That the revolving fund shall be available for the

22 hire or purchase of not more than 12 passenger motor

23 vehicles: Provided further, That expenditures in connection

24 with travel expenses of the advisory councils to the Public

25 Printer shall be deemed necessary to carry out the provi-
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1 sions of title 44, United States Code: Provided further,

2 That the revolving fund shall be available for temporary

3 or intermittent services under section 3109(b) of title 5,

4 United States Code, but at rates for individuals not more

5 than the daily equivalent of the annual rate of basic pay

6 for level V of the Executive Schedule under section 5316

7 of such title: Provided further, That the revolving fund and

8 the funds provided under the headings ‘‘OFFICE OF SU9 PERINTENDENT OF DOCUMENTS’’ and ‘‘SALARIES AND

10 EXPENSES’’ together may not be available for the full-time

11 equivalent employment of more than 2,889 workyears (or

12 such other number of workyears as the Public Printer may

13 request, subject to the approval of the Committees on Ap14 propriations of the House of Representatives and Senate):

15 Provided further, That activities financed through the re16 volving fund may provide information in any format: Pro17 vided further, That not more than $10,000 may be ex18 pended from the revolving fund in support of the activities

19 of the Benjamin Franklin Tercentenary Commission es20 tablished under the Benjamin Franklin Tercentenary

21 Commission Act (Public Law 107–202).

22 ADMINISTRATIVE PROVISION

23 SEC. 1401. DISCOUNT AUTHORITY OF SUPER24 INTENDENT OF DOCUMENTS. Section 1708 of title 44,

25 United States Code, is amended by striking ‘‘of not to ex-
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1 ceed 25 percent may be allowed to book dealers and quan2 tity purchasers’’ and inserting ‘‘may be allowed as deter3 mined by the Superintendent of Documents’’.

4 GENERAL ACCOUNTING OFFICE

5 SALARIES AND EXPENSES

6 For necessary expenses of the General Accounting

7 Office, including not more than $12,500 to be expended

8 on the certification of the Comptroller General of the

9 United States in connection with official representation

10 and reception expenses; temporary or intermittent services

11 under section 3109(b) of title 5, United States Code, but

12 at rates for individuals not more than the daily equivalent

13 of the annual rate of basic pay for level IV of the Execu14 tive Schedule under section 5315 of such title; hire of one

15 passenger motor vehicle; advance payments in foreign

16 countries in accordance with section 3324 of title 31,

17 United States Code; benefits comparable to those payable

18 under sections 901(5), (6), and (8) of the Foreign Service

19 Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under

20 regulations prescribed by the Comptroller General of the

21 United States, rental of living quarters in foreign coun22 tries, $473,500,000: Provided, That not more than

23 $5,000,000 of payments received under section 782 of title

24 31, United States Code, shall be available for use in fiscal

25 year 2005: Provided further, That not more than
39

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1 $2,500,000 of reimbursements received under section

2 9105 of title 31, United States Code, shall be available

3 for use in fiscal year 2005: Provided further, That this

4 appropriation and appropriations for administrative ex5 penses of any other department or agency which is a mem6 ber of the National Intergovernmental Audit Forum or a

7 Regional Intergovernmental Audit Forum shall be avail8 able to finance an appropriate share of either Forum’s

9 costs as determined by the respective Forum, including

10 necessary travel expenses of non-Federal participants:

11 Provided further, That payments hereunder to the Forum

12 may be credited as reimbursements to any appropriation

13 from which costs involved are initially financed: Provided

14 further, That this appropriation and appropriations for ad15 ministrative expenses of any other department or agency

16 which is a member of the American Consortium on Inter17 national Public Administration (ACIPA) shall be available

18 to finance an appropriate share of ACIPA costs as deter19 mined by the ACIPA, including any expenses attributable

20 to membership of ACIPA in the International Institute of

21 Administrative Sciences.
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1 PAYMENT TO THE OPEN WORLD LEADERSHIP

2 CENTER TRUST FUND

3 For a payment to the Open World Leadership Center

4 Trust Fund for financing activities of the Open World

5 Leadership Center, $6,750,000.

6 TITLE II—GENERAL PROVISIONS

7 SEC. 201. MAINTENANCE AND CARE OF PRIVATE

8 VEHICLES. No part of the funds appropriated in this Act

9 shall be used for the maintenance or care of private vehi10 cles, except for emergency assistance and cleaning as may

11 be provided under regulations relating to parking facilities

12 for the House of Representatives issued by the Committee

13 on House Administration and for the Senate issued by the

14 Committee on Rules and Administration.

15 SEC. 202. FISCAL YEAR LIMITATION. No part of the

16 funds appropriated in this Act shall remain available for

17 obligation beyond fiscal year 2005 unless expressly so pro18 vided in this Act.

19 SEC. 203. RATES OF COMPENSATION AND DESIGNA20 TION. Whenever in this Act any office or position not spe21 cifically established by the Legislative Pay Act of 1929

22 (46 Stat. 32 et seq.) is appropriated for or the rate of

23 compensation or designation of any office or position ap24 propriated for is different from that specifically estab25 lished by such Act, the rate of compensation and the des-
41

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1 ignation in this Act shall be the permanent law with re2 spect thereto: Provided, That the provisions in this Act

3 for the various items of official expenses of Members, offi4 cers, and committees of the Senate and House of Rep5 resentatives, and clerk hire for Senators and Members of

6 the House of Representatives shall be the permanent law

7 with respect thereto.

8 SEC. 204. CONSULTING SERVICES. The expenditure

9 of any appropriation under this Act for any consulting

10 service through procurement contract, under section 3109

11 of title 5, United States Code, shall be limited to those

12 contracts where such expenditures are a matter of public

13 record and available for public inspection, except where

14 otherwise provided under existing law, or under existing

15 Executive order issued under existing law.

16 SEC. 205. AWARDS AND SETTLEMENTS. Such sums

17 as may be necessary are appropriated to the account de18 scribed in subsection (a) of section 415 of the Congres19 sional Accountability Act of 1995 (2 U.S.C. 1415(a)) to

20 pay awards and settlements as authorized under such sub21 section.

22 SEC. 206. COSTS OF LBFMC. Amounts available for

23 administrative expenses of any legislative branch entity

24 which participates in the Legislative Branch Financial

25 Managers Council (LBFMC) established by charter on
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1 March 26, 1996, shall be available to finance an appro2 priate share of LBFMC costs as determined by the

3 LBFMC, except that the total LBFMC costs to be shared

4 among all participating legislative branch entities (in such

5 allocations among the entities as the entities may deter6 mine) may not exceed $2,000.

7 SEC. 207. LANDSCAPE MAINTENANCE. The Architect

8 of the Capitol, in consultation with the District of Colum9 bia, is authorized to maintain and improve the landscape

10 features, excluding streets and sidewalks, in the irregular

11 shaped grassy areas bounded by Washington Avenue, SW

12 on the northeast, Second Street SW on the west, Square

13 582 on the south, and the beginning of the I–395 tunnel

14 on the southeast.

15 SEC. 208. TRANSFER OF FUNDS. None of the funds

16 made available in this Act may be transferred to any de17 partment, agency, or instrumentality of the United States

18 Government, except pursuant to a transfer made by, or

19 transfer authority provided in, this Act or any other ap20 propriation Act.

21 SEC. 209. ETRAVEL SERVICE. Notwithstanding any

22 other provision of law, no entity within the legislative

23 branch shall be required to use the eTravel Service estab24 lished by the Administrator of General Services for official
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1 travel by officers or employees of the entity during fiscal

2 year 2005 or any succeeding fiscal year.

3 SEC. 210. VOLUNTARY SEPARATION INCENTIVE PAY4 MENTS. (a) AUTHORITY TO OFFER PAYMENTS.—Notwith5 standing any other provision of law, the head of any office

6 in the legislative branch may establish a program under

7 which voluntary separation incentive payments may be of8 fered to eligible employees of the office to encourage such

9 employees to separate from service voluntarily (whether by

10 retirement or resignation), in accordance with this section.

11 (b) AMOUNT AND ADMINISTRATION OF PAYMENTS.—

12 A voluntary separation incentive payment made under this

13 section—

14 (1) shall be paid in a lump sum after the em15 ployee’s separation;

16 (2) shall be equal to the lesser of—

17 (A) an amount equal to the amount the

18 employee would be entitled to receive under sec19 tion 5595(c) of title 5, United States Code, if

20 the employee were entitled to payment under

21 such section (without adjustment for any pre22 vious payment made); or

23 (B) an amount determined by the head of

24 the office involved, not to exceed $25,000;
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1 (3) may be made only in the case of an em2 ployee who voluntarily separates (whether by retire3 ment or resignation) under this section;

4 (4) shall not be a basis for payment, and shall

5 not be included in the computation, of any other

6 type of Government benefit;

7 (5) shall not be taken into account in deter8 mining the amount of any severance pay to which

9 the employee may be entitled under section 5595 of

10 title 5, United States Code, based on any other sepa11 ration; and

12 (6) shall be paid from appropriations or funds

13 available for the payment of the basic pay of the em14 ployee.

15 (c) PLAN.—

16 (1) PLAN REQUIRED FOR MAKING PAYMENTS.—

17 No voluntary separation incentive payment may be

18 paid under this section with respect to an office un19 less the head of the office submits a plan described

20 in paragraph (2) to each applicable Committee de21 scribed in paragraph (3), and each applicable Com22 mittee approves the plan.

23 (2) CONTENTS OF PLAN.—A plan described in

24 this paragraph with respect to an office is a plan

25 containing the following information:
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1 (A) The specific positions and functions to

2 be reduced or eliminated.

3 (B) A description of which categories of

4 employees will be offered incentives.

5 (C) The time period during which incen6 tives may be paid.

7 (D) The number and amounts of voluntary

8 separation incentive payments to be offered.

9 (E) A description of how the office will op10 erate without the eliminated positions and func11 tions.

12 (3) APPLICABLE COMMITTEE.—For purposes of

13 this subsection, the ‘‘applicable Committee’’ with re14 spect to an office means—

15 (A) in the case of an office of the House

16 of Representatives, the Committee on House

17 Administration of the House of Representatives;

18 and

19 (B) in the case of any other office, the

20 Committee on House Administration of the

21 House of Representatives and the Committee

22 on Rules and Administration of the Senate.

23 (d) EXCLUSION OF CERTAIN OFFICES.—This section

24 shall not apply—
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1 (1) to any office of the Senate or to any em2 ployee of such an office; or

3 (2) to any office which is an Executive agency

4 under section 105 of title 5, United States Code, or

5 any employee of such an office.

6 (e) ELIGIBLE EMPLOYEE DEFINED.—

7 (1) IN GENERAL.—In this section, an ‘‘eligible

8 employee’’ is an employee (as defined in section

9 2105, United States Code) or a Congressional em10 ployee (as defined in section 2107, United States

11 Code) who—

12 (A) is serving under an appointment with13 out time limitation; and

14 (B) has been currently employed for a con15 tinuous period of at least 3 years.

16 (2) EXCLUSIONS.—An ‘‘eligible employee’’ does

17 not include any of the following:

18 (A) A reemployed annuitant under sub19 chapter III of chapter 83 or 84 of title 5,

20 United States Code, or another retirement sys21 tem for employees of the Government.

22 (B) An employee having a disability on the

23 basis of which such employee is or would be eli24 gible for disability retirement under subchapter

25 III of chapter 83 or 84 of title 5, United States
47

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1 Code, or another retirement system for employ2 ees of the Government.

3 (C) An employee who is in receipt of a de4 cision notice of involuntary separation for mis5 conduct or unacceptable performance.

6 (D) An employee who has previously re7 ceived any voluntary separation incentive pay8 ment from the Federal Government under this

9 section or any other authority.

10 (E) An employee covered by statutory re11 employment rights who is on transfer employ12 ment with another organization.

13 (F) Any employee who—

14 (i) during the 36-month period pre15 ceding the date of separation of that em16 ployee, performed service for which a stu17 dent loan repayment benefit was or is to be

18 paid under section 5379 of title 5, United

19 States Code, or any other authority;

20 (ii) during the 24-month period pre21 ceding the date of separation of that em22 ployee, performed service for which a re23 cruitment or relocation bonus was or is to

24 be paid under section 5753 of such title or

25 any other authority; or
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1 (iii) during the 12-month period pre2 ceding the date of separation of that em3 ployee, performed service for which a re4 tention bonus was or is to be paid under

5 section 5754 of such title or any other au6 thority.

7 (f) REPAYMENT FOR INDIVIDUALS RETURNING TO

8 GOVERNMENT EMPLOYMENT.—

9 (1) IN GENERAL.—Subject to paragraph (2), an

10 employee who has received a voluntary separation in11 centive payment under this section and accepts em12 ployment with the Government of the United States

13 within 5 years after the date of the separation on

14 which the payment is based shall be required to

15 repay the entire amount of the incentive payment to

16 the office that paid the incentive payment.

17 (2) WAIVER FOR INDIVIDUALS POSSESSING

18 UNIQUE ABILITIES.—(A) If the employment is with

19 an Executive agency (as defined by section 105 of

20 title 5, United States Code), the Director of the Of21 fice of Personnel Management may, at the request

22 of the head of the agency, waive the repayment re23 quired under this subsection if the individual in24 volved possesses unique abilities and is the only

25 qualified applicant available for the position.
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1 (B) If the employment is with an entity in the

2 legislative branch, the head of the entity or the ap3 pointing official may waive the repayment required

4 under this subsection if the individual involved pos5 sesses unique abilities and is the only qualified appli6 cant available for the position.

7 (C) If the employment is with the judicial

8 branch, the Director of the Administrative Office of

9 the United States Courts may waive the repayment

10 required under this subsection if the individual in11 volved possesses unique abilities and is the only

12 qualified applicant available for the position.

13 (3) TREATMENT OF PERSONAL SERVICES CON14 TRACTS.—For purposes of paragraph (1) (but not

15 paragraph (2)), the term ‘‘employment’’ includes

16 employment under a personal services contract with

17 the United States.

18 (g) EFFECTIVE DATE.—This section shall take effect

19 July 1, 2005, and shall apply with respect to fiscal year

20 2005 and each succeeding fiscal year.

21 SEC. 211. COMPENSATION LIMITATION. None of the

22 funds contained in this Act or any other Act may be used

23 to pay the salary of any officer or employee of the legisla24 tive branch during fiscal year 2005 or any succeeding fis25 cal year to the extent that the aggregate amount of com-
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1 pensation paid to the employee during the year (including

2 base salary, performance awards and other bonus pay3 ments, and incentive payments, but excluding the value

4 of any in-kind benefits and payments) exceeds the annual

5 rate of pay for a Member of the House of Representatives

6 or a Senator.

7 SEC. 212. CAPITOL GROUNDS ENCLOSURE. None of

8 the funds contained in this Act may be used to study, de9 sign, plan, or otherwise further the construction or consid10 eration of a fence to enclose the perimeter of the grounds

11 of the United States Capitol.

12 This Act may be cited as the ‘‘Legislative Branch Ap13 propriations Act, 2005’’.

Passed the House of Representatives July 12, 2004.

Attest:

Clerk.