IB 

Union Calendar No. 341 

108TH CONGRESS 

2D SESSION H. R. 4755 

[Report No. 108–577] 

Making appropriations for the Legislative Branch for the fiscal year ending 

September 30, 2005, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2004 

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

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

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 

4 money in the Treasury not otherwise appropriated, for the 

5 Legislative Branch for the fiscal year ending September 

6 30, 2005, and for other purposes, namely: 
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1 TITLE I—LEGISLATIVE BRANCH 

2 APPROPRIATIONS 

3 HOUSE OF REPRESENTATIVES 

4 SALARIES AND EXPENSES

5 For salaries and expenses of the House of Represent6 atives, $1,044,281,000, as follows: 

7 HOUSE LEADERSHIP OFFICES

8 For salaries and expenses, as authorized by law, 

9 $18,678,000, including: Office of the Speaker, 

10 $2,708,000, including $25,000 for official expenses of the 

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

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

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

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

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

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

17 official expenses of the Majority Whip; Office of the Mi18 nority Whip, including the Chief Deputy Minority Whip, 

19 $1,303,000, including $5,000 for official expenses of the 

20 Minority Whip; Speaker’s Office for Legislative Floor Ac21 tivities, $470,000; Republican Steering Committee, 

22 $881,000; Republican Conference, $1,500,000; Demo23 cratic Steering and Policy Committee, $1,589,000; Demo24 cratic Caucus, $792,000; nine minority employees, 

25 $1,409,000; training and program development—major26 ity, $290,000; training and program development—minor-
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1 ity, $290,000; Cloakroom Personnel—majority, $419,000; 

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

3 MEMBERS’ REPRESENTATIONAL ALLOWANCES

4 INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL

5 EXPENSES OF MEMBERS, AND OFFICIAL MAIL

6 For Members’ representational allowances, including 

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

8 $521,195,000. 

9 COMMITTEE EMPLOYEES

10 STANDING COMMITTEES, SPECIAL AND SELECT

11 For salaries and expenses of standing committees, 

12 special and select, authorized by House resolutions, 

13 $114,299,000: Provided, That such amount shall remain 

14 available for such salaries and expenses until December 

15 31, 2006. 

16 COMMITTEE ON APPROPRIATIONS

17 For salaries and expenses of the Committee on Ap18 propriations, $24,926,000, including studies and examina19 tions of executive agencies and temporary personal serv20 ices for such committee, to be expended in accordance with 

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

22 1946 and to be available for reimbursement to agencies 

23 for services performed: Provided, That such amount shall 

24 remain available for such salaries and expenses until De25 cember 31, 2006. 
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1 SALARIES, OFFICERS AND EMPLOYEES

2 For compensation and expenses of officers and em3 ployees, as authorized by law, $160,133,000, including: 

4 for salaries and expenses of the Office of the Clerk, includ5 ing not more than $13,000, of which not more than 

6 $10,000 is for the Family Room, for official representa7 tion and reception expenses, $20,534,000; for salaries and 

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

9 the position of Superintendent of Garages, and including 

10 not more than $3,000 for official representation and re11 ception expenses, $5,879,000; for salaries and expenses of 

12 the Office of the Chief Administrative Officer, 

13 $116,034,000, of which $7,500,000 shall remain available 

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

15 the Inspector General, $3,986,000; for salaries and ex16 penses of the Office of Emergency Planning, Preparedness 

17 and Operations, $1,000,000, to remain available until ex18 pended; for salaries and expenses of the Office of General 

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

20 $155,000; for salaries and expenses of the Office of the 

21 Parliamentarian, including the Parliamentarian and 

22 $2,000 for preparing the Digest of Rules, $1,673,000; for 

23 salaries and expenses of the Office of the Law Revision 

24 Counsel of the House, $2,346,000; for salaries and ex25 penses of the Office of the Legislative Counsel of the 
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1 House, $6,721,000; for salaries and expenses of the Office 

2 of Interparliamentary Affairs, $687,000; and for other au3 thorized employees, $156,000. 

4 ALLOWANCES AND EXPENSES

5 For allowances and expenses as authorized by House 

6 resolution or law, $205,050,000, including: supplies, mate7 rials, administrative costs and Federal tort claims, 

8 $4,350,000; official mail for committees, leadership of9 fices, and administrative offices of the House, $410,000; 

10 Government contributions for health, retirement, Social 

11 Security, and other applicable employee benefits, 

12 $199,600,000; and miscellaneous items including pur13 chase, exchange, maintenance, repair and operation of 

14 House motor vehicles, interparliamentary receptions, and 

15 gratuities to heirs of deceased employees of the House, 

16 $690,000. 

17 CHILD CARE CENTER

18 For salaries and expenses of the House of Represent19 atives Child Care Center, such amounts as are deposited 

20 in the account established by section 312(d)(1) of the Leg21 islative Branch Appropriations Act, 1992 (2 U.S.C. 2112), 

22 subject to the level specified in the budget of the Center, 

23 as submitted to the Committee on Appropriations of the 

24 House of Representatives. 
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1 ADMINISTRATIVE PROVISIONS

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

3 MEMBERS’ REPRESENTATIONAL ALLOWANCES TO BE

4 USED FOR DEFICIT REDUCTION OR TO REDUCE THE

5 FEDERAL DEBT.—Notwithstanding any other provision of 

6 law, any amounts appropriated under this Act for 

7 ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND

8 EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOW9 ANCES’’ shall be available only for fiscal year 2005. Any 

10 amount remaining after all payments are made under such 

11 allowances for fiscal year 2005 shall be deposited in the 

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

13 Federal budget deficit after all such payments have been 

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

15 the Secretary of the Treasury considers appropriate). 

16 (b) REGULATIONS.—The Committee on House Ad17 ministration of the House of Representatives shall have 

18 authority to prescribe regulations to carry out this section. 

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

20 ‘‘Member of the House of Representatives’’ means a Rep21 resentative in, or a Delegate or Resident Commissioner 

22 to, the Congress. 

23 SEC. 102. NET EXPENSES OF TELECOMMUNI24 CATIONS REVOLVING FUND. (a) There is hereby estab25 lished in the Treasury of the United States a revolving 
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1 fund for the House of Representatives to be known as the 

2 Net Expenses of Telecommunications Revolving Fund 

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

4 Fund’’), consisting of funds deposited by the Chief Admin5 istrative Officer of the House of Representatives from 

6 amounts provided by legislative branch offices to purchase, 

7 lease, obtain, and maintain the data and voice tele8 communications services and equipment located in such 

9 offices. 

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

11 the Chief Administrative Officer without fiscal year limita12 tion to purchase, lease, obtain, and maintain the data and 

13 voice telecommunications services and equipment of legis14 lative branch offices. 

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

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

17 of the Legislative Branch Appropriations Act, 1993 (2 

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

19 (d) Section 306 of the Legislative Branch Appropria20 tions Act, 1989 (2 U.S.C. 117f) is amended— 

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

22 subsection (c) as subsection (b); and 

23 (2) in subsection (b) (as so redesignated), by 

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

25 ‘‘subsection (a)’’. 
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1 (e) Section 102 of the Legislative Branch Appropria2 tions Act, 2003 (2 U.S.C. 112g) is amended by adding 

3 at the end the following new subsection: 

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

5 telecommunications equipment which is subject to cov6 erage under section 103 of the Legislative Branch Appro7 priations Act, 2005 (relating to the Net Expenses of Tele8 communications Revolving Fund).’’. 

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

10 section shall apply with respect to fiscal year 2005 and 

11 each succeeding fiscal year, except that for purposes of 

12 making deposits into the Revolving Fund under subsection 

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

14 provided by legislative branch offices during fiscal year 

15 2004 or any succeeding fiscal year. 

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

17 IN GENERAL.—The Chief Administrative Officer of the 

18 House of Representatives shall enter into a contract on 

19 a competitive basis with a private entity for the manage20 ment, operation, and maintenance of the exercise facility 

21 established for the use of employees of the House of Rep22 resentatives which is constructed with funds made avail23 able under this Act. 

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

25 amounts paid as fees for the use of the exercise facility 
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1 described in subsection (a) shall be used to cover costs 

2 incurred by the Chief Administrative Officer under the 

3 contract entered into under this section or to otherwise 

4 support the management, operation, and maintenance of 

5 the facility, and shall remain available until expended. 

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

7 the House of Representatives that Members of the House 

8 who use vehicles in traveling for official and representa9 tional purposes, including Members who lease vehicles for 

10 which the lease payments are made using funds provided 

11 under the Members’ Representational Allowance, are en12 couraged to use hybrid electric and alternatively fueled ve13 hicles whenever possible, as the use of these vehicles will 

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

15 fuel cell vehicle and reduce our dependence on oil. 

16 JOINT ITEMS 

17 For Joint Committees, as follows: 

18 JOINT ECONOMIC COMMITTEE

19 For salaries and expenses of the Joint Economic 

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

21 of the Senate. 

22 JOINT COMMITTEE ON TAXATION

23 For salaries and expenses of the Joint Committee on 

24 Taxation, $8,433,000, to be disbursed by the Chief Ad25 ministrative Officer of the House of Representatives. 
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1 For other joint items, as follows: 

2 OFFICE OF THE ATTENDING PHYSICIAN

3 For medical supplies, equipment, and contingent ex4 penses of the emergency rooms, and for the Attending 

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

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

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

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

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

10 $580 per month each not to exceed 11 assistants on the 

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

12 $1,680,000 for reimbursement to the Department of the 

13 Navy for expenses incurred for staff and equipment as14 signed to the Office of the Attending Physician, which 

15 shall be advanced and credited to the applicable appropria16 tion or appropriations from which such salaries, allow17 ances, and other expenses are payable and shall be avail18 able for all the purposes thereof, $2,528,000, to be dis19 bursed by the Chief Administrative Officer of the House 

20 of Representatives. 

21 CAPITOL GUIDE SERVICE AND SPECIAL SERVICES

22 OFFICE

23 For salaries and expenses of the Capitol Guide Serv24 ice and Special Services Office, $3,844,000, to be dis25 bursed by the Secretary of the Senate: Provided, That no 
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1 part of such amount may be used to employ more than 

2 58 individuals: Provided further, That the Capitol Guide 

3 Board is authorized, during emergencies, to employ not 

4 more than two additional individuals for not more than 

5 120 days each, and not more than 10 additional individ6 uals for not more than 6 months each, for the Capitol 

7 Guide Service. 

8 STATEMENTS OF APPROPRIATIONS

9 For the preparation, under the direction of the Com10 mittees on Appropriations of the Senate and the House 

11 of Representatives, of the statements for the second ses12 sion of the 108th Congress, showing appropriations made, 

13 indefinite appropriations, and contracts authorized, to14 gether with a chronological history of the regular appro15 priations bills as required by law, $30,000, to be paid to 

16 the persons designated by the chairmen of such commit17 tees to supervise the work. 

18 CAPITOL POLICE 

19 SALARIES

20 For salaries of employees of the Capitol Police, in21 cluding overtime, hazardous duty pay differential, and 

22 Government contributions for health, retirement, social se23 curity, professional liability insurance, and other applica24 ble employee benefits, $203,440,000, to be disbursed by 

25 the Chief of the Capitol Police or his designee. 
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1 GENERAL EXPENSES

2 For necessary expenses of the Capitol Police, includ3 ing motor vehicles, communications and other equipment, 

4 security equipment and installation, uniforms, weapons, 

5 supplies, materials, training, medical services, forensic 

6 services, stenographic services, personal and professional 

7 services, the employee assistance program, the awards pro8 gram, postage, communication services, travel advances, 

9 relocation of instructor and liaison personnel for the Fed10 eral Law Enforcement Training Center, and not more 

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

12 Chief of the Capitol Police in connection with official rep13 resentation and reception expenses, $28,888,000, of which 

14 $700,000 shall remain available until expended, to be dis15 bursed by the Chief of the Capitol Police or his designee: 

16 Provided, That, notwithstanding any other provision of 

17 law, the cost of basic training for the Capitol Police at 

18 the Federal Law Enforcement Training Center for fiscal 

19 year 2005 shall be paid by the Secretary of Homeland Se20 curity from funds available to the Department of Home21 land Security. 

22 ADMINISTRATIVE PROVISIONS

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 1001. TRANSFER AUTHORITY. Amounts appro25 priated for fiscal year 2005 for the Capitol Police may 
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1 be transferred between the headings ‘‘SALARIES’’ and 

2 ‘‘GENERAL EXPENSES’’ upon the approval of the Commit3 tees on Appropriations of the Senate and the House of 

4 Representatives. 

5 SEC. 1002. RELEASE OF SECURITY INFORMATION. 

6 (a) AUTHORITY OF BOARD TO DETERMINE CONDITIONS

7 FOR RELEASE.—Notwithstanding any other provision of 

8 law, any information in the possession of the United 

9 States Capitol Police (whether developed by the Capitol 

10 Police or obtained by the Capitol Police from another 

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

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

13 counterterrorism and security preparedness measures 

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

15 Police to another entity only if the Capitol Police Board 

16 determines, in consultation with other appropriate law en17 forcement officials and experts in security preparedness, 

18 that the release of the information will not jeopardize the 

19 physical security and safety of the facilities and properties 

20 under the jurisdiction of the Capitol Police. 

21 (b) RULE OF CONSTRUCTION REGARDING REQUESTS

22 FOR INFORMATION FROM CONGRESS.—Nothing in this 

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

24 of Representatives and the Senate (including any Member, 

25 officer, or committee thereof) to obtain information from 
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1 the Capitol Police regarding the operations and activities 

2 of the Capitol Police that affect the House of Representa3 tives and Senate. 

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

5 promulgate regulations to carry out this section, with the 

6 approval of the Committees on Appropriations of the 

7 House of Representatives and Senate. 

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

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

10 SEC. 1003. SOLE AND EXCLUSIVE AUTHORITY OF

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

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

13 of the Capitol Police shall have the sole and exclusive au14 thority to determine the rates and amounts for each of 

15 the following for members of the Capitol Police: 

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

17 basic pay upon appointment), premium pay, spe18 cialty assignment and proficiency pay, and merit 

19 pay. 

20 (2) The rate of cost-of-living adjustments, com21 parability adjustments, and locality adjustments. 

22 (3) The amount for recruitment and relocation 

23 bonuses. 

24 (4) The amount for retention allowances. 
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1 (5) The amount for educational assistance pay2 ments. 

3 (b) NO REVIEW OR APPEAL PERMITTED.—The de4 termination of a rate or amount described in subsection 

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

6 (c) RULE OF CONSTRUCTION.—Nothing in this sec7 tion may be construed to affect— 

8 (1) any authority provided under law for a com9 mittee of the House of Representatives or Senate, or 

10 any other entity of the legislative branch, to review 

11 or approve any determination of a rate or amount 

12 described in subsection (a); 

13 (2) any rate or amount described in subsection 

14 (a) which is established under law; or 

15 (3) the terms of any collective bargaining agree16 ment. 

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

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

19 SEC. 1004. (a) AUTHORITY TO SETTLE CLAIMS

20 UNDER FEDERAL TORT CLAIMS ACT.—For purposes of 

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

22 the administrative adjustment of claims), the United 

23 States Capitol Police shall be considered a Federal agency 

24 and the Capitol Police Board shall be considered the head 

25 of the agency. 
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1 (b) RULES OF CONSTRUCTION.—Nothing in this sec2 tion may be construed— 

3 (1) to affect any authority relating to the pay4 ment of claims under title 31, United States Code; 

5 or 

6 (2) to affect the payment of any award or set7 tlement under the Congressional Accountability Act 

8 of 1995. 

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

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

11 SEC. 1005. DEPLOYMENT OUTSIDE OF JURISDIC12 TION. (a) REQUIREMENTS FOR PRIOR NOTICE AND AP13 PROVAL.—The Chief of the Capitol Police may not deploy 

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

15 jurisdiction of the Capitol Police unless— 

16 (1) the Chief provides prior notification to the 

17 Committees on Appropriations of the House of Rep18 resentatives and Senate of the costs anticipated to 

19 be incurred with respect to the deployment; and 

20 (2) the Capitol Police Board gives prior ap21 proval to the deployment. 

22 (b) EXCEPTION FOR CERTAIN SERVICES.—Sub23 section (a) does not apply with respect to the deployment 

24 of any officer for any of the following purposes: 
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1 (1) Responding to an imminent threat or emer2 gency. 

3 (2) Intelligence gathering. 

4 (3) Providing protective services. 

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

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

7 SEC. 1006. LEGAL COMPLIANCE SYSTEM. The Cap8 itol Police General Counsel, in conjunction with the Cap9 itol Police Employment Counsel for employment and labor 

10 law matters, shall be responsible for implementing and 

11 maintaining an effective legal compliance system with all 

12 applicable laws, under the oversight of the Capitol Police 

13 Board. 

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

15 made available for the Capitol Police for any fiscal year 

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

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

18 on the date of the enactment of this Act and shall apply 

19 with respect to the fiscal year in which such date occurs 

20 and each succeeding fiscal year. 

21 OFFICE OF COMPLIANCE 

22 SALARIES AND EXPENSES

23 For salaries and expenses of the Office of Compli24 ance, as authorized by section 305 of the Congressional 

25 Accountability Act of 1995 (2 U.S.C. 1385), $2,421,000, 
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1 of which $305,000 shall remain available until September 

2 30, 2006: Provided, That the Executive Director of the 

3 Office of Compliance may, within the limits of available 

4 appropriations, dispose of surplus or obsolete personal 

5 property by interagency transfer, donation, or discarding. 

6 ADMINISTRATIVE PROVISION

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

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

9 personnel, establish and maintain hereafter a program 

10 under which the Office may agree to repay (by direct pay11 ments on behalf of the employee) all or a portion of any 

12 student loan previously taken out by such employee. 

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

14 applicable such provisions of section 5379 of title 5, 

15 United States Code, as the Executive Director determines 

16 necessary to provide for such program. 

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

18 the Office may not exceed— 

19 (1) $6,000 for any employee in any calendar 

20 year; or 

21 (2) a total of $40,000 in the case of any em22 ployee. 

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

24 any repayments made by such employee prior to the Office 
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1 entering into an agreement under this section with such 

2 employee. 

3 (e) Any amount repaid by, or recovered from, an indi4 vidual under this section and its implementing regulations 

5 shall be credited to the appropriation account available for 

6 salaries and expenses of the Office at the time of repay7 ment or recovery. 

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

9 each fiscal year thereafter. 

10 CONGRESSIONAL BUDGET OFFICE 

11 SALARIES AND EXPENSES

12 For salaries and expenses necessary for operation of 

13 the Congressional Budget Office, including not more than 

14 $3,000 to be expended on the certification of the Director 

15 of the Congressional Budget Office in connection with offi16 cial representation and reception expenses, $34,790,000. 

17 ARCHITECT OF THE CAPITOL 

18 GENERAL ADMINISTRATION

19 For salaries for the Architect of the Capitol, and 

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

21 for surveys and studies in connection with activities under 

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

23 expenses for the general and administrative support of the 

24 operations under the Architect of the Capitol including the 

25 Botanic Garden; electrical substations of the Capitol, Sen-
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1 ate and House office buildings, and other facilities under 

2 the jurisdiction of the Architect of the Capitol; including 

3 furnishings and office equipment; including not more than 

4 $5,000 for official reception and representation expenses, 

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

6 Capitol; for purchase or exchange, maintenance, and oper7 ation of a passenger motor vehicle, $79,581,000, of which 

8 $1,500,000 shall remain available until September 30, 

9 2009. 

10 CAPITOL BUILDING

11 For all necessary expenses for the maintenance, care 

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

13 $4,000,000 shall remain available until September 30, 

14 2009. 

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, $7,033,000, 

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

20 30, 2009. 

21 HOUSE OFFICE BUILDINGS

22 For all necessary expenses for the maintenance, care 

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

24 of which $27,103,000 shall remain available until Sep25 tember 30, 2009. 
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1 CAPITOL POWER PLANT

2 For all necessary expenses for the maintenance, care 

3 and operation of the Capitol Power Plant; lighting, heat4 ing, power (including the purchase of electrical energy) 

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

6 House office buildings, Library of Congress buildings, and 

7 the grounds about the same, Botanic Garden, Senate ga8 rage, and air conditioning refrigeration not supplied from 

9 plants in any of such buildings; heating the Government 

10 Printing Office and Washington City Post Office, and 

11 heating and chilled water for air conditioning for the Su12 preme Court Building, the Union Station complex, the 

13 Thurgood Marshall Federal Judiciary Building and the 

14 Folger Shakespeare Library, expenses for which shall be 

15 advanced or reimbursed upon request of the Architect of 

16 the Capitol and amounts so received shall be deposited 

17 into the Treasury to the credit of this appropriation, 

18 $56,139,000, of which $630,000 shall remain available 

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

20 $4,400,000 of the funds credited or to be reimbursed to 

21 this appropriation as herein provided shall be available for 

22 obligation during fiscal year 2005. 

23 LIBRARY BUILDINGS AND GROUNDS

24 For all necessary expenses for the mechanical and 

25 structural maintenance, care and operation of the Library 
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1 buildings and grounds, $34,783,000, of which 

2 $18,110,000 shall remain available until September 30, 

3 2009. 

4 CAPITOL POLICE BUILDINGS AND GROUNDS

5 For all necessary expenses for the maintenance, care 

6 and operation of buildings and grounds of the United 

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

8 BOTANIC GARDEN

9 For all necessary expenses for the maintenance, care 

10 and operation of the Botanic Garden and the nurseries, 

11 buildings, grounds, and collections; and purchase and ex12 change, maintenance, repair, and operation of a passenger 

13 motor vehicle; all under the direction of the Joint Com14 mittee on the Library, $5,932,000: Provided, That this ap15 propriation shall not be available for construction of the 

16 National Garden. 

17 MANAGEMENT AND OPERATION OF CAPITOL POWER

18 PLANT

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

20 FOR MANAGEMENT AND OPERATION OF THE CAPITOL

21 POWER PLANT.— 

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

23 the Committees on Appropriations of the House of 

24 Representatives and Senate notify the Architect of 

25 the Capitol that the Committees approve the imple-
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1 mentation plan submitted under subsection (b), the 

2 Architect shall enter into a contract with a private 

3 entity for the management and operation of the 

4 Capitol Power Plant. 

5 (2) REQUIREMENTS FOR CONTRACT.—The con6 tract entered into under this subsection— 

7 (A) shall be awarded on a competitive 

8 basis; 

9 (B) shall include such terms and condi10 tions as the Architect of the Capitol deems nec11 essary to ensure that the Capitol Power Plant 

12 will continue to provide lighting, heating, power, 

13 and air conditioning services to the United 

14 States Capitol, Senate and House office build15 ings, the Supreme Court Building, and the 

16 other facilities served by the Plant; 

17 (C) shall be carried out in a manner con18 sistent with the implementation plan submitted 

19 under subsection (b), as approved by the Com20 mittees on Appropriations of the House of Rep21 resentatives and Senate; and 

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

23 shall meet the requirements described in para24 graph (3). 
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1 (3) SPECIAL RULES FOR MULTIYEAR CON2 TRACT.—The Architect may enter into a contract 

3 under this subsection which is a multiyear contract 

4 subject to the following conditions: 

5 (A) The Architect determines that— 

6 (i) the need for the services provided 

7 will continue over the period of the con8 tract; 

9 (ii) the use of a multiyear contract 

10 will yield substantial cost savings; and 

11 (iii) the use of a multiyear contract 

12 will not eliminate the ability of small busi13 nesses to compete for and enter into the 

14 contract. 

15 (B) For the first fiscal year for which the 

16 contract will be in effect, there are sufficient 

17 funds available for payments of the costs of the 

18 contract during the year, including any termi19 nation and cancellation costs. Amounts avail20 able for paying termination and cancellation 

21 costs shall remain available until the costs asso22 ciated with the termination and cancellation of 

23 the contract are paid. 

24 (C) The period covered by the contract is 

25 not longer than 10 years. 
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1 (b) IMPLEMENTATION PLAN.— 

2 (1) SUBMISSION TO COMMITTEES.—Not later 

3 than 270 days after the date of the enactment of 

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

5 of the West Refrigeration Plant (whichever occurs 

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

7 the Committees on Appropriations of the House of 

8 Representatives and Senate an implementation plan 

9 for carrying out the requirements of this section. 

10 (2) CONTENTS OF PLAN.—The implementation 

11 plan shall include the following elements: 

12 (A) A description of the steps the Architect 

13 shall take to minimize the cost and ensure the 

14 effectiveness of the operation of the Capitol 

15 Power Plant. 

16 (B) A description of how the Architect will 

17 administer the competition for the contract en18 tered into under subsection (a) for the manage19 ment and operation of the Capitol Power Plant, 

20 including the key logistic milestones that will 

21 affect the competition. 

22 (C) A description of the budgetary impact 

23 of the contract and the proposed schedule of 

24 the appropriations that will be required to cover 

25 the costs of the contract. 
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1 (D) The actions to be taken by the Archi2 tect to ensure effective performance of the con3 tractor, including a description of the manage4 ment systems the Architect will use to monitor 

5 and oversee the contractor’s efforts, the antici6 pated performance standards that the con7 tractor will be measured against (including the 

8 levels of plant capacity, efficiency of fuel and 

9 deliveries of steam and chilled water, and emis10 sion levels) and such other standards that in 

11 the Architect’s judgment are needed to ensure 

12 the efficient operation of the Plant. 

13 (E) The steps to be taken to ensure system 

14 operations and reliability by maintaining ade15 quate levels of facility maintenance and staff16 ing. 

17 (F) The specifications of security measures 

18 to be taken to ensure the safety and protection 

19 of the Plant, including its utility distribution 

20 systems, and the steps that will be taken to co21 ordinate these efforts with the United States 

22 Capitol Police. 

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

24 multi-use fuel capability of the Plant. 
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1 (H) A description of a plan to manage the 

2 transition to the contractor for the management 

3 and operation of the facility, including steps to 

4 be taken to mitigate the effect of the contract 

5 on the Plant’s existing employees. 

6 (I) An analysis of the cost and feasibility 

7 of incorporating a combined steam and elec8 trical power generation system for the Plant. 

9 (c) RULE OF CONSTRUCTION.—Nothing in this sec10 tion may be construed to limit the authority of the Archi11 tect of the Capitol to procure any services under any other 

12 authority. 

13 LIBRARY OF CONGRESS 

14 SALARIES AND EXPENSES

15 For necessary expenses of the Library of Congress 

16 not otherwise provided for, including development and 

17 maintenance of the Library’s catalogs; custody and custo18 dial care of the Library buildings; special clothing; clean19 ing, laundering and repair of uniforms; preservation of 

20 motion pictures in the custody of the Library; operation 

21 and maintenance of the American Folklife Center in the 

22 Library; preparation and distribution of catalog records 

23 and other publications of the Library; hire or purchase 

24 of one passenger motor vehicle; and expenses of the Li25 brary of Congress Trust Fund Board not properly charge-
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1 able to the income of any trust fund held by the Board, 

2 $373,225,000, of which not more than $6,000,000 shall 

3 be derived from collections credited to this appropriation 

4 during fiscal year 2005, and shall remain available until 

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

6 32 Stat. 480; 2 U.S.C. 150) and not more than $350,000 

7 shall be derived from collections during fiscal year 2005 

8 and shall remain available until expended for the develop9 ment and maintenance of an international legal informa10 tion database and activities related thereto: Provided, 

11 That the Library of Congress may not obligate or expend 

12 any funds derived from collections under the Act of June 

13 28, 1902, in excess of the amount authorized for obliga14 tion or expenditure in appropriations Acts: Provided fur15 ther, That the total amount available for obligation shall 

16 be reduced by the amount by which collections are less 

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

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

19 until expended for acquisition of books, periodicals, news20 papers, and all other materials including subscriptions for 

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

22 to be available solely for the purchase, when specifically 

23 approved by the Librarian, of special and unique materials 

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

25 the total amount appropriated, not more than $12,000 
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1 may be expended, on the certification of the Librarian of 

2 Congress, in connection with official representation and 

3 reception expenses for the Overseas Field Offices: Pro4 vided further, That of the total amount appropriated, 

5 $250,000 shall remain available until expended, and shall 

6 be transferred to the Abraham Lincoln Bicentennial Com7 mission for carrying out the purposes of Public Law 106– 

8 173, of which $10,000 may be used for official representa9 tion and reception expenses of the Abraham Lincoln Bi10 centennial Commission: Provided further, That of the total 

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

12 until expended for partial support of the National Audio13 Visual Conservation Center: Provided further, That of the 

14 total amount appropriated, $2,795,000 shall remain avail15 able until expended for the development and maintenance 

16 of the Alternate Computer Facility. 

17 COPYRIGHT OFFICE

18 SALARIES AND EXPENSES

19 For necessary expenses of the Copyright Office, 

20 $53,518,000, of which not more than $26,981,000, to re21 main available until expended, shall be derived from collec22 tions credited to this appropriation during fiscal year 2005 

23 under section 708(d) of title 17, United States Code: Pro24 vided, That the Copyright Office may not obligate or ex25 pend any funds derived from collections under such sec-
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1 tion, in excess of the amount authorized for obligation or 

2 expenditure in appropriations Acts: Provided further, That 

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

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

5 119(b)(2), 802(h), 1005, and 1316 of such title: Provided 

6 further, That the total amount available for obligation 

7 shall be reduced by the amount by which collections are 

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

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

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

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

12 purpose of training nationals of developing countries in 

13 intellectual property laws and policies: Provided further, 

14 That not more than $4,250 may be expended, on the cer15 tification of the Librarian of Congress, in connection with 

16 official representation and reception expenses for activities 

17 of the International Copyright Institute and for copyright 

18 delegations, visitors, and seminars. 

19 CONGRESSIONAL RESEARCH SERVICE

20 SALARIES AND EXPENSES

21 For necessary expenses to carry out the provisions 

22 of section 203 of the Legislative Reorganization Act of 

23 1946 (2 U.S.C. 166) and to revise and extend the Anno24 tated Constitution of the United States of America, 

25 $96,385,000: Provided, That no part of such amount may 
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1 be used to pay any salary or expense in connection with 

2 any publication, or preparation of material therefor (ex3 cept the Digest of Public General Bills), to be issued by 

4 the Library of Congress unless such publication has ob5 tained prior approval of either the Committee on House 

6 Administration of the House of Representatives or the 

7 Committee on Rules and Administration of the Senate. 

8 BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

9 SALARIES AND EXPENSES

10 For salaries and expenses to carry out the Act 

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

12 135a), $60,187,000, of which $22,210,000 shall remain 

13 available until expended. 

14 ADMINISTRATIVE PROVISIONS

15 SEC. 1301. INCENTIVE AWARDS PROGRAM. Of the 

16 amounts appropriated to the Library of Congress in this 

17 Act, not more than $5,000 may be expended, on the cer18 tification of the Librarian of Congress, in connection with 

19 official representation and reception expenses for the in20 centive awards program. 

21 SEC. 1302. REIMBURSABLE AND REVOLVING FUND

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

23 obligational authority of the Library of Congress for the 

24 activities described in subsection (b) may not exceed 

25 $106,985,000. 
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1 (b) ACTIVITIES.—The activities referred to in sub2 section (a) are reimbursable and revolving fund activities 

3 that are funded from sources other than appropriations 

4 to the Library in appropriations Acts for the legislative 

5 branch. 

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

7 the Librarian of Congress may temporarily transfer funds 

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

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

10 EXPENSES’’ to the revolving fund for the FEDLINK Pro11 gram and the Federal Research Program established 

12 under section 103 of the Library of Congress Fiscal Oper13 ations Improvement Act of 2000 (Public Law 106–481; 

14 2 U.S.C. 182c): Provided, That the total amount of such 

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

16 That the appropriate revolving fund account shall reim17 burse the Library for any amounts transferred to it before 

18 the period of availability of the Library appropriation ex19 pires. 

20 SEC. 1303. NATIONAL DIGITAL INFORMATION IN21 FRASTRUCTURE AND PRESERVATION PROGRAM. The first 

22 proviso under the heading ‘‘LIBRARY OF CON23 GRESS—SALARIES AND EXPENSES’’ in chapter 9 of divi24 sion A of the Miscellaneous Appropriations Act, 2001, as 

25 enacted into law by section 1(a)(4) of the Consolidated 
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1 Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 

2 2763A–194), as amended by section 1303 of the Legisla3 tive Branch Appropriations Act, 2003, is amended— 

4 (1) by striking ‘‘other than money’’ and insert5 ing ‘‘other than money and pledges’’; and 

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

7 ‘‘March 31, 2010’’. 

8 GOVERNMENT PRINTING OFFICE 

9 CONGRESSIONAL PRINTING AND BINDING

10 (INCLUDING TRANSFER OF FUNDS)

11 For authorized printing and binding for the Congress 

12 and the distribution of Congressional information in any 

13 format; printing and binding for the Architect of the Cap14 itol; expenses necessary for preparing the semimonthly 

15 and session index to the Congressional Record, as author16 ized by law (section 902 of title 44, United States Code); 

17 printing and binding of Government publications author18 ized by law to be distributed to Members of Congress; and 

19 printing, binding, and distribution of Government publica20 tions authorized by law to be distributed without charge 

21 to the recipient, $88,800,000: Provided, That this appro22 priation shall not be available for paper copies of the per23 manent edition of the Congressional Record for individual 

24 Representatives, Resident Commissioners or Delegates au25 thorized under section 906 of title 44, United States Code: 
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1 Provided further, That this appropriation shall be available 

2 for the payment of obligations incurred under the appro3 priations for similar purposes for preceding fiscal years: 

4 Provided further, That notwithstanding the 2-year limita5 tion under section 718 of title 44, United States Code, 

6 none of the funds appropriated or made available under 

7 this Act or any other Act for printing and binding and 

8 related services provided to Congress under chapter 7 of 

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

10 a document, report, or publication after the 27-month pe11 riod beginning on the date that such document, report, 

12 or publication is authorized by Congress to be printed, un13 less Congress reauthorizes such printing in accordance 

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

15 further, That any unobligated or unexpended balances in 

16 this account or accounts for similar purposes for preceding 

17 fiscal years may be transferred to the Government Print18 ing Office revolving fund for carrying out the purposes of 

19 this heading, subject to the approval of the Committees 

20 on Appropriations of the House of Representatives and 

21 Senate. 

22 OFFICE OF SUPERINTENDENT OF DOCUMENTS

23 SALARIES AND EXPENSES

24 (INCLUDING TRANSFER OF FUNDS)

25 For expenses of the Office of Superintendent of Doc26 uments necessary to provide for the cataloging and index-
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1 ing of Government publications and their distribution to 

2 the public, Members of Congress, other Government agen3 cies, and designated depository and international exchange 

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

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

6 year appropriations are authorized for producing and dis7 seminating Congressional serial sets and other related 

8 publications for fiscal years 2003 and 2004 to depository 

9 and other designated libraries: Provided further, That any 

10 unobligated or unexpended balances in this account or ac11 counts for similar purposes for preceding fiscal years may 

12 be transferred to the Government Printing Office revolv13 ing fund for carrying out the purposes of this heading, 

14 subject to the approval of the Committees on Appropria15 tions of the House of Representatives and Senate. 

16 GOVERNMENT PRINTING OFFICE REVOLVING FUND

17 The Government Printing Office may make such ex18 penditures, within the limits of funds available and in ac19 cord with the law, and to make such contracts and com20 mitments without regard to fiscal year limitations as pro21 vided by section 9104 of title 31, United States Code, as 

22 may be necessary in carrying out the programs and pur23 poses set forth in the budget for the current fiscal year 

24 for the Government Printing Office revolving fund: Pro25 vided, That not more than $5,000 may be expended on 
36 

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1 the certification of the Public Printer in connection with 

2 official representation and reception expenses: Provided 

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

4 hire or purchase of not more than 12 passenger motor 

5 vehicles: Provided further, That expenditures in connection 

6 with travel expenses of the advisory councils to the Public 

7 Printer shall be deemed necessary to carry out the provi8 sions of title 44, United States Code: Provided further, 

9 That the revolving fund shall be available for temporary 

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

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

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

13 for level V of the Executive Schedule under section 5316 

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

15 the funds provided under the headings ‘‘OFFICE OF SU16 PERINTENDENT OF DOCUMENTS’’ and ‘‘SALARIES AND

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

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

19 such other number of workyears as the Public Printer may 

20 request, subject to the approval of the Committees on Ap21 propriations of the House of Representatives and Senate): 

22 Provided further, That activities financed through the re23 volving fund may provide information in any format: Pro24 vided further, That not more than $10,000 may be ex25 pended from the revolving fund in support of the activities 
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1 of the Benjamin Franklin Tercentenary Commission es2 tablished under the Benjamin Franklin Tercentenary 

3 Commission Act (Public Law 107–202). 

4 ADMINISTRATIVE PROVISION

5 SEC. 1401. DISCOUNT AUTHORITY OF SUPER6 INTENDENT OF DOCUMENTS. Section 1708 of title 44, 

7 United States Code, is amended by striking ‘‘of not to ex8 ceed 25 percent may be allowed to book dealers and quan9 tity purchasers’’ and inserting ‘‘may be allowed as deter10 mined by the Superintendent of Documents’’. 

11 GENERAL ACCOUNTING OFFICE 

12 SALARIES AND EXPENSES

13 For necessary expenses of the General Accounting 

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

15 on the certification of the Comptroller General of the 

16 United States in connection with official representation 

17 and reception expenses; temporary or intermittent services 

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

19 at rates for individuals not more than the daily equivalent 

20 of the annual rate of basic pay for level IV of the Execu21 tive Schedule under section 5315 of such title; hire of one 

22 passenger motor vehicle; advance payments in foreign 

23 countries in accordance with section 3324 of title 31, 

24 United States Code; benefits comparable to those payable 

25 under sections 901(5), (6), and (8) of the Foreign Service 
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1 Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under 

2 regulations prescribed by the Comptroller General of the 

3 United States, rental of living quarters in foreign coun4 tries, $473,500,000: Provided, That not more than 

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

6 31, United States Code, shall be available for use in fiscal 

7 year 2005: Provided further, That not more than 

8 $2,500,000 of reimbursements received under section 

9 9105 of title 31, United States Code, shall be available 

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

11 appropriation and appropriations for administrative ex12 penses of any other department or agency which is a mem13 ber of the National Intergovernmental Audit Forum or a 

14 Regional Intergovernmental Audit Forum shall be avail15 able to finance an appropriate share of either Forum’s 

16 costs as determined by the respective Forum, including 

17 necessary travel expenses of non-Federal participants: 

18 Provided further, That payments hereunder to the Forum 

19 may be credited as reimbursements to any appropriation 

20 from which costs involved are initially financed: Provided 

21 further, That this appropriation and appropriations for ad22 ministrative expenses of any other department or agency 

23 which is a member of the American Consortium on Inter24 national Public Administration (ACIPA) shall be available 

25 to finance an appropriate share of ACIPA costs as deter-
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1 mined by the ACIPA, including any expenses attributable 

2 to membership of ACIPA in the International Institute of 

3 Administrative Sciences. 

4 PAYMENT TO THE OPEN WORLD LEADERSHIP 

5 CENTER TRUST FUND 

6 For a payment to the Open World Leadership Center 

7 Trust Fund for financing activities of the Open World 

8 Leadership Center, $6,750,000. 

9 TITLE II—GENERAL PROVISIONS 

10 SEC. 201. MAINTENANCE AND CARE OF PRIVATE

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

12 shall be used for the maintenance or care of private vehi13 cles, except for emergency assistance and cleaning as may 

14 be provided under regulations relating to parking facilities 

15 for the House of Representatives issued by the Committee 

16 on House Administration and for the Senate issued by the 

17 Committee on Rules and Administration. 

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

19 funds appropriated in this Act shall remain available for 

20 obligation beyond fiscal year 2005 unless expressly so pro21 vided in this Act. 

22 SEC. 203. RATES OF COMPENSATION AND DESIGNA23 TION. Whenever in this Act any office or position not spe24 cifically established by the Legislative Pay Act of 1929 

25 (46 Stat. 32 et seq.) is appropriated for or the rate of 
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1 compensation or designation of any office or position ap2 propriated for is different from that specifically estab3 lished by such Act, the rate of compensation and the des4 ignation in this Act shall be the permanent law with re5 spect thereto: Provided, That the provisions in this Act 

6 for the various items of official expenses of Members, offi7 cers, and committees of the Senate and House of Rep8 resentatives, and clerk hire for Senators and Members of 

9 the House of Representatives shall be the permanent law 

10 with respect thereto. 

11 SEC. 204. CONSULTING SERVICES. The expenditure 

12 of any appropriation under this Act for any consulting 

13 service through procurement contract, under section 3109 

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

15 contracts where such expenditures are a matter of public 

16 record and available for public inspection, except where 

17 otherwise provided under existing law, or under existing 

18 Executive order issued under existing law. 

19 SEC. 205. AWARDS AND SETTLEMENTS. Such sums 

20 as may be necessary are appropriated to the account de21 scribed in subsection (a) of section 415 of the Congres22 sional Accountability Act of 1995 (2 U.S.C. 1415(a)) to 

23 pay awards and settlements as authorized under such sub24 section. 
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1 SEC. 206. COSTS OF LBFMC. Amounts available for 

2 administrative expenses of any legislative branch entity 

3 which participates in the Legislative Branch Financial 

4 Managers Council (LBFMC) established by charter on 

5 March 26, 1996, shall be available to finance an appro6 priate share of LBFMC costs as determined by the 

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

8 among all participating legislative branch entities (in such 

9 allocations among the entities as the entities may deter10 mine) may not exceed $2,000. 

11 SEC. 207. LANDSCAPE MAINTENANCE. The Architect 

12 of the Capitol, in consultation with the District of Colum13 bia, is authorized to maintain and improve the landscape 

14 features, excluding streets and sidewalks, in the irregular 

15 shaped grassy areas bounded by Washington Avenue, SW 

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

17 582 on the south, and the beginning of the I–395 tunnel 

18 on the southeast. 

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

20 made available in this Act may be transferred to any de21 partment, agency, or instrumentality of the United States 

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

23 transfer authority provided in, this Act or any other ap24 propriation Act. 
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1 SEC. 209. ETRAVEL SERVICE. Notwithstanding any 

2 other provision of law, no entity within the legislative 

3 branch shall be required to use the eTravel Service estab4 lished by the Administrator of General Services for official 

5 travel by officers or employees of the entity during fiscal 

6 year 2005 or any succeeding fiscal year. 

7 SEC. 210. VOLUNTARY SEPARATION INCENTIVE PAY8 MENTS. (a) AUTHORITY TO OFFER PAYMENTS.—Notwith9 standing any other provision of law, the head of any office 

10 in the legislative branch may establish a program under 

11 which voluntary separation incentive payments may be of12 fered to eligible employees of the office to encourage such 

13 employees to separate from service voluntarily (whether by 

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

15 (b) AMOUNT AND ADMINISTRATION OF PAYMENTS.— 

16 A voluntary separation incentive payment made under this 

17 section— 

18 (1) shall be paid in a lump sum after the em19 ployee’s separation; 

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

21 (A) an amount equal to the amount the 

22 employee would be entitled to receive under sec23 tion 5595(c) of title 5, United States Code, if 

24 the employee were entitled to payment under 
43 

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1 such section (without adjustment for any pre2 vious payment made); or 

3 (B) an amount determined by the head of 

4 the office involved, not to exceed $25,000; 

5 (3) may be made only in the case of an em6 ployee who voluntarily separates (whether by retire7 ment or resignation) under this section; 

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

9 not be included in the computation, of any other 

10 type of Government benefit; 

11 (5) shall not be taken into account in deter12 mining the amount of any severance pay to which 

13 the employee may be entitled under section 5595 of 

14 title 5, United States Code, based on any other sepa15 ration; and 

16 (6) shall be paid from appropriations or funds 

17 available for the payment of the basic pay of the em18 ployee. 

19 (c) PLAN.— 

20 (1) PLAN REQUIRED FOR MAKING PAYMENTS.— 

21 No voluntary separation incentive payment may be 

22 paid under this section with respect to an office un23 less the head of the office submits a plan described 

24 in paragraph (2) to each applicable Committee de-
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1 scribed in paragraph (3), and each applicable Com2 mittee approves the plan. 

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

4 this paragraph with respect to an office is a plan 

5 containing the following information: 

6 (A) The specific positions and functions to 

7 be reduced or eliminated. 

8 (B) A description of which categories of 

9 employees will be offered incentives. 

10 (C) The time period during which incen11 tives may be paid. 

12 (D) The number and amounts of voluntary 

13 separation incentive payments to be offered. 

14 (E) A description of how the office will op15 erate without the eliminated positions and func16 tions. 

17 (3) APPLICABLE COMMITTEE.—For purposes of 

18 this subsection, the ‘‘applicable Committee’’ with re19 spect to an office means— 

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

21 of Representatives, the Committee on House 

22 Administration of the House of Representatives; 

23 and 

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

25 Committee on House Administration of the 
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1 House of Representatives and the Committee 

2 on Rules and Administration of the Senate. 

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

4 shall not apply— 

5 (1) to any office of the Senate or to any em6 ployee of such an office; or 

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

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

9 any employee of such an office. 

10 (e) ELIGIBLE EMPLOYEE DEFINED.— 

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

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

13 2105, United States Code) or a Congressional em14 ployee (as defined in section 2107, United States 

15 Code) who— 

16 (A) is serving under an appointment with17 out time limitation; and 

18 (B) has been currently employed for a con19 tinuous period of at least 3 years. 

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

21 not include any of the following: 

22 (A) A reemployed annuitant under sub23 chapter III of chapter 83 or 84 of title 5, 

24 United States Code, or another retirement sys25 tem for employees of the Government. 
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1 (B) An employee having a disability on the 

2 basis of which such employee is or would be eli3 gible for disability retirement under subchapter 

4 III of chapter 83 or 84 of title 5, United States 

5 Code, or another retirement system for employ6 ees of the Government. 

7 (C) An employee who is in receipt of a de8 cision notice of involuntary separation for mis9 conduct or unacceptable performance. 

10 (D) An employee who has previously re11 ceived any voluntary separation incentive pay12 ment from the Federal Government under this 

13 section or any other authority. 

14 (E) An employee covered by statutory re15 employment rights who is on transfer employ16 ment with another organization. 

17 (F) Any employee who— 

18 (i) during the 36-month period pre19 ceding the date of separation of that em20 ployee, performed service for which a stu21 dent loan repayment benefit was or is to be 

22 paid under section 5379 of title 5, United 

23 States Code, or any other authority; 

24 (ii) during the 24-month period pre25 ceding the date of separation of that em-
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1 ployee, performed service for which a re2 cruitment or relocation bonus was or is to 

3 be paid under section 5753 of such title or 

4 any other authority; or 

5 (iii) during the 12-month period pre6 ceding the date of separation of that em7 ployee, performed service for which a re8 tention bonus was or is to be paid under 

9 section 5754 of such title or any other au10 thority. 

11 (f) REPAYMENT FOR INDIVIDUALS RETURNING TO

12 GOVERNMENT EMPLOYMENT.— 

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

14 employee who has received a voluntary separation in15 centive payment under this section and accepts em16 ployment with the Government of the United States 

17 within 5 years after the date of the separation on 

18 which the payment is based shall be required to 

19 repay the entire amount of the incentive payment to 

20 the office that paid the incentive payment. 

21 (2) WAIVER FOR INDIVIDUALS POSSESSING

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

23 an Executive agency (as defined by section 105 of 

24 title 5, United States Code), the Director of the Of25 fice of Personnel Management may, at the request 
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1 of the head of the agency, waive the repayment re2 quired under this subsection if the individual in3 volved possesses unique abilities and is the only 

4 qualified applicant available for the position. 

5 (B) If the employment is with an entity in the 

6 legislative branch, the head of the entity or the ap7 pointing official may waive the repayment required 

8 under this subsection if the individual involved pos9 sesses unique abilities and is the only qualified appli10 cant available for the position. 

11 (C) If the employment is with the judicial 

12 branch, the Director of the Administrative Office of 

13 the United States Courts may waive the repayment 

14 required under this subsection if the individual in15 volved possesses unique abilities and is the only 

16 qualified applicant available for the position. 

17 (3) TREATMENT OF PERSONAL SERVICES CON18 TRACTS.—For purposes of paragraph (1) (but not 

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

20 employment under a personal services contract with 

21 the United States. 

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

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

24 2005 and each succeeding fiscal year. 
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1 SEC. 211. COMPENSATION LIMITATION. None of the 

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

3 to pay the salary of any officer or employee of the legisla4 tive branch during fiscal year 2005 or any succeeding fis5 cal year to the extent that the aggregate amount of com6 pensation paid to the employee during the year (including 

7 base salary, performance awards and other bonus pay8 ments, and incentive payments, but excluding the value 

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

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

11 or a Senator. 

12 SEC. 212. CAPITOL GROUNDS ENCLOSURE. None of 

13 the funds contained in this Act may be used to study, de14 sign, plan, or otherwise further the construction or consid15 eration of a fence to enclose the perimeter of the grounds 

16 of the United States Capitol. 

17 This Act may be cited as the ‘‘Legislative Branch Ap18 propriations Act, 2005’’. 
Union Calendar No. 341 

108TH CONGRESS 

2D SESSION H. R. 4755 

[Report No. 108–577] 

A BILL 

Making appropriations for the Legislative Branch 

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

JULY 1, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed