CAPITOL POLICE
SALARIES
For salaries of employees of the Capitol Police, in-
cluding overtime, hazardous duty pay differential, and
Government contributions for health, retirement, social se-
curity, professional liability insurance, and other applica-
ble employee benefits, $203,440,000, to be disbursed by
the Chief of the Capitol Police or his designee.
GENERAL EXPENSES
For necessary expenses of the Capitol Police, includ-
ing motor vehicles, communications and other equipment,
security equipment and installation, uniforms, weapons,
supplies, materials, training, medical services, forensic
services, stenographic services, personal and professional
services, the employee assistance program, the awards pro-
gram, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Fed-
eral Law Enforcement Training Center, and not more
than $5,000 to be expended on the certification of the
Chief of the Capitol Police in connection with official rep-
resentation and reception expenses, $28,888,000, of which
$700,000 shall remain available until expended, to be dis-
bursed by the Chief of the Capitol Police or his designee:
Provided, That, notwithstanding any other provision of
law, the cost of basic training for the Capitol Police at
the Federal Law Enforcement Training Center for fiscal
year 2005 shall be paid by the Secretary of Homeland Se-
curity from funds available to the Department of Home-
land Security.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 1001. TRANSFER AUTHORITY. Amounts appro-
priated for fiscal year 2005 for the Capitol Police may
be transferred between the headings ‘‘SALARIES’’ and
‘‘GENERAL EXPENSES’’ upon the approval of the Commit-
tees on Appropriations of the Senate and the House of
Representatives.
SEC. 1002. RELEASE OF SECURITY INFORMATION.
(a) AUTHORITY OF BOARD TO DETERMINE CONDITIONS
FOR RELEASE.—Notwithstanding any other provision of
law, any information in the possession of the United
States Capitol Police (whether developed by the Capitol
Police or obtained by the Capitol Police from another
source) that relates to actions taken by the Capitol Police
in response to an emergency situation, or to any other
counterterrorism and security preparedness measures
taken by the Capitol Police, may be released by the Capitol
Police to another entity only if the Capitol Police Board
determines, in consultation with other appropriate law en-
forcement officials and experts in security preparedness,
that the release of the information will not jeopardize the
physical security and safety of the facilities and properties
under the jurisdiction of the Capitol Police.
(b) RULE OF CONSTRUCTION REGARDING REQUESTS
FOR INFORMATION FROM CONGRESS.—Nothing in this
section may be construed to affect the ability of the House
of Representatives and the Senate (including any Member,
officer, or committee thereof) to obtain information from
the Capitol Police regarding the operations and activities
of the Capitol Police that affect the House of Representa-
tives and Senate.
(c) REGULATIONS.—The Capitol Police Board shall
promulgate regulations to carry out this section, with the
approval of the Committees on Appropriations of the
House of Representatives and Senate.
(d) EFFECTIVE DATE.—This section shall apply with
respect to fiscal year 2005 and each succeeding fiscal year.
SEC. 1003. SOLE AND EXCLUSIVE AUTHORITY OF
BOARD AND CHIEF TO DETERMINE RATES OF PAY. (a)
IN GENERAL.—The Capitol Police Board and the Chief
of the Capitol Police shall have the sole and exclusive au-
thority to determine the rates and amounts for each of
the following for members of the Capitol Police:
(1) The rate of basic pay (including the rate of
basic pay upon appointment), premium pay, spe-
cialty assignment and proficiency pay, and merit
pay.
(2) The rate of cost-of-living adjustments, com-
parability adjustments, and locality adjustments.
(3) The amount for recruitment and relocation
bonuses.
(4) The amount for retention allowances.
(5) The amount for educational assistance pay-
ments.
(b) NO REVIEW OR APPEAL PERMITTED.—The de-
termination of a rate or amount described in subsection
(a) may not be subject to review or appeal in any manner.
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to affect—
(1) any authority provided under law for a com-
mittee of the House of Representatives or Senate, or
any other entity of the legislative branch, to review
or approve any determination of a rate or amount
described in subsection (a);
(2) any rate or amount described in subsection
(a) which is established under law; or
(3) the terms of any collective bargaining agree-
ment.
(d) EFFECTIVE DATE.—This section shall apply with
respect to fiscal year 2005 and each succeeding fiscal year.
SEC. 1004. (a) AUTHORITY
TO SETTLE CLAIMS
UNDER FEDERAL TORT CLAIMS ACT.—For purposes of
section 2672 of title 28, United States Code (relating to
the administrative adjustment of claims), the United
States Capitol Police shall be considered a Federal agency
and the Capitol Police Board shall be considered the head
of the agency.
(b) RULES OF CONSTRUCTION.—Nothing in this sec-
tion may be construed—
(1) to affect any authority relating to the pay-
ment of claims under title 31, United States Code;
or
(2) to affect the payment of any award or set-
tlement under the Congressional Accountability Act
of 1995.
(c) EFFECTIVE DATE.—This section shall apply with
respect to fiscal year 2005 and each succeeding fiscal year.
SEC. 1005. DEPLOYMENT OUTSIDE OF JURISDIC-
TION. (a) REQUIREMENTS FOR PRIOR NOTICE AND AP-
PROVAL.—The Chief of the Capitol Police may not deploy
any officer outside of the areas established by law for the
jurisdiction of the Capitol Police unless—
(1) the Chief provides prior notification to the
Committees on Appropriations of the House of Rep-
resentatives and Senate of the costs anticipated to
be incurred with respect to the deployment; and
(2) the Capitol Police Board gives prior ap-
proval to the deployment.
(b) EXCEPTION
FOR
CERTAIN
SERVICES.—Sub-
section (a) does not apply with respect to the deployment
of any officer for any of the following purposes:
(1) Responding to an imminent threat or emer-
gency.
(2) Intelligence gathering.
(3) Providing protective services.
(c) EFFECTIVE DATE.—This section shall apply with
respect to fiscal year 2005 and each succeeding fiscal year.
SEC. 1006. LEGAL COMPLIANCE SYSTEM. The Cap-
itol Police General Counsel, in conjunction with the Cap-
itol Police Employment Counsel for employment and labor
law matters, shall be responsible for implementing and
maintaining an effective legal compliance system with all
applicable laws, under the oversight of the Capitol Police
Board.
SEC. 1007. (a) IN GENERAL.—None of the funds
made available for the Capitol Police for any fiscal year
in any Act may be used for a mounted horse unit.
(b) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this Act and shall apply
with respect to the fiscal year in which such date occurs
and each succeeding fiscal year.
OFFICE OF COMPLIANCE
SALARIES AND EXPENSES
For salaries and expenses of the Office of Compli-
ance, as authorized by section 305 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1385), $2,421,000,
of which $305,000 shall remain available until September
30, 2006: Provided, That the Executive Director of the
Office of Compliance may, within the limits of available
appropriations, dispose of surplus or obsolete personal
property by interagency transfer, donation, or discarding.
ADMINISTRATIVE PROVISION
SEC. 1101. (a) The Executive Director of the Office
of Compliance may, in order to recruit or retain qualified
personnel, establish and maintain hereafter a program
under which the Office may agree to repay (by direct pay-
ments on behalf of the employee) all or a portion of any
student loan previously taken out by such employee.
(b) The Executive Director may, by regulation, make
applicable such provisions of section 5379 of title 5,
United States Code, as the Executive Director determines
necessary to provide for such program.
(c) The regulations shall provide the amount paid by
the Office may not exceed—
(1) $6,000 for any employee in any calendar
year; or
(2) a total of $40,000 in the case of any em-
ployee.
(d) The Office may not reimburse an employee for
any repayments made by such employee prior to the Office
entering into an agreement under this section with such
employee.
(e) Any amount repaid by, or recovered from, an indi-
vidual under this section and its implementing regulations
shall be credited to the appropriation account available for
salaries and expenses of the Office at the time of repay-
ment or recovery.
(f) This section shall apply to fiscal year 2005 and
each fiscal year thereafter.
CONGRESSIONAL BUDGET OFFICE
SALARIES AND EXPENSES
For salaries and expenses necessary for operation of
the Congressional Budget Office, including not more than
$3,000 to be expended on the certification of the Director
of the Congressional Budget Office in connection with offi-
cial representation and reception expenses, $34,790,000.
ARCHITECT OF THE CAPITOL
GENERAL ADMINISTRATION
For salaries for the Architect of the Capitol, and
other personal services, at rates of pay provided by law;
for surveys and studies in connection with activities under
the care of the Architect of the Capitol; for all necessary
expenses for the general and administrative support of the
operations under the Architect of the Capitol including the
Botanic Garden; electrical substations of the Capitol, Sen-
ate and House office buildings, and other facilities under
the jurisdiction of the Architect of the Capitol; including
furnishings and office equipment; including not more than
$5,000 for official reception and representation expenses,
to be expended on the certification of the Architect of the
Capitol; for purchase or exchange, maintenance, and oper-
ation of a passenger motor vehicle, $79,581,000, of which
$1,500,000 shall remain available until September 30,
2009.
CAPITOL BUILDING
For all necessary expenses for the maintenance, care
and operation of the Capitol, $18,185,000, of which
$4,000,000 shall remain available until September 30,
2009.
CAPITOL GROUNDS
For all necessary expenses for care and improvement
of grounds surrounding the Capitol, the Senate and House
office buildings, and the Capitol Power Plant, $7,033,000,
of which $527,000 shall remain available until September
30, 2009.
HOUSE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care
and operation of the House office buildings, $65,130,000,
of which $27,103,000 shall remain available until Sep-
tember 30, 2009.
CAPITOL POWER PLANT
For all necessary expenses for the maintenance, care
and operation of the Capitol Power Plant; lighting, heat-
ing, power (including the purchase of electrical energy)
and water and sewer services for the Capitol, Senate and
House office buildings, Library of Congress buildings, and
the grounds about the same, Botanic Garden, Senate ga-
rage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government
Printing Office and Washington City Post Office, and
heating and chilled water for air conditioning for the Su-
preme Court Building, the Union Station complex, the
Thurgood Marshall Federal Judiciary Building and the
Folger Shakespeare Library, expenses for which shall be
advanced or reimbursed upon request of the Architect of
the Capitol and amounts so received shall be deposited
into the Treasury to the credit of this appropriation,
$56,139,000, of which $630,000 shall remain available
until September 30, 2009: Provided, That not more than
$4,400,000 of the funds credited or to be reimbursed to
this appropriation as herein provided shall be available for
obligation during fiscal year 2005.
LIBRARY BUILDINGS AND GROUNDS
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings 
and 
grounds, 
$34,783,000, 
of 
which
$18,110,000 shall remain available until September 30,
2009.
CAPITOL POLICE BUILDINGS AND GROUNDS
For all necessary expenses for the maintenance, care
and operation of buildings and grounds of the United
States Capitol Police, $4,883,000.
BOTANIC GARDEN
For all necessary expenses for the maintenance, care
and operation of the Botanic Garden and the nurseries,
buildings, grounds, and collections; and purchase and ex-
change, maintenance, repair, and operation of a passenger
motor vehicle; all under the direction of the Joint Com-
mittee on the Library, $5,932,000: Provided, That this ap-
propriation shall not be available for construction of the
National Garden.
MANAGEMENT AND OPERATION OF CAPITOL POWER
PLANT
SEC. 1201. (a) CONTRACT WITH PRIVATE ENTITY
FOR MANAGEMENT AND OPERATION OF THE CAPITOL
POWER PLANT.—
(1) IN GENERAL.—Not later than 1 year after
the Committees on Appropriations of the House of
Representatives and Senate notify the Architect of
the Capitol that the Committees approve the imple-
mentation plan submitted under subsection (b), the
Architect shall enter into a contract with a private
entity for the management and operation of the
Capitol Power Plant.
(2) REQUIREMENTS FOR CONTRACT.—The con-
tract entered into under this subsection—
(A) shall be awarded on a competitive
basis;
(B) shall include such terms and condi-
tions as the Architect of the Capitol deems nec-
essary to ensure that the Capitol Power Plant
will continue to provide lighting, heating, power,
and air conditioning services to the United
States Capitol, Senate and House office build-
ings, the Supreme Court Building, and the
other facilities served by the Plant;
(C) shall be carried out in a manner con-
sistent with the implementation plan submitted
under subsection (b), as approved by the Com-
mittees on Appropriations of the House of Rep-
resentatives and Senate; and
(D) if the contract is a multiyear contract,
shall meet the requirements described in para-
graph (3).
(3) SPECIAL
RULES
FOR
MULTIYEAR
CON-
TRACT.—The Architect may enter into a contract
under this subsection which is a multiyear contract
subject to the following conditions:
(A) The Architect determines that—
(i) the need for the services provided
will continue over the period of the con-
tract;
(ii) the use of a multiyear contract
will yield substantial cost savings; and
(iii) the use of a multiyear contract
will not eliminate the ability of small busi-
nesses to compete for and enter into the
contract.
(B) For the first fiscal year for which the
contract will be in effect, there are sufficient
funds available for payments of the costs of the
contract during the year, including any termi-
nation and cancellation costs. Amounts avail-
able for paying termination and cancellation
costs shall remain available until the costs asso-
ciated with the termination and cancellation of
the contract are paid.
(C) The period covered by the contract is
not longer than 10 years.
(b) IMPLEMENTATION PLAN.—
(1) SUBMISSION
TO
COMMITTEES.—Not later
than 270 days after the date of the enactment of
this Act or 270 days after the date of the completion
of the West Refrigeration Plant (whichever occurs
later), the Architect of the Capitol shall submit to
the Committees on Appropriations of the House of
Representatives and Senate an implementation plan
for carrying out the requirements of this section.
(2) CONTENTS OF PLAN.—The implementation
plan shall include the following elements:
(A) A description of the steps the Architect
shall take to minimize the cost and ensure the
effectiveness of the operation of the Capitol
Power Plant.
(B) A description of how the Architect will
administer the competition for the contract en-
tered into under subsection (a) for the manage-
ment and operation of the Capitol Power Plant,
including the key logistic milestones that will
affect the competition.
(C) A description of the budgetary impact
of the contract and the proposed schedule of
the appropriations that will be required to cover
the costs of the contract.
(D) The actions to be taken by the Archi-
tect to ensure effective performance of the con-
tractor, including a description of the manage-
ment systems the Architect will use to monitor
and oversee the contractor’s efforts, the antici-
pated performance standards that the con-
tractor will be measured against (including the
levels of plant capacity, efficiency of fuel and
deliveries of steam and chilled water, and emis-
sion levels) and such other standards that in
the Architect’s judgment are needed to ensure
the efficient operation of the Plant.
(E) The steps to be taken to ensure system
operations and reliability by maintaining ade-
quate levels of facility maintenance and staff-
ing.
(F) The specifications of security measures
to be taken to ensure the safety and protection
of the Plant, including its utility distribution
systems, and the steps that will be taken to co-
ordinate these efforts with the United States
Capitol Police.
(G) The steps to be taken to continue the
multi-use fuel capability of the Plant.
(H) A description of a plan to manage the
transition to the contractor for the management
and operation of the facility, including steps to
be taken to mitigate the effect of the contract
on the Plant’s existing employees.
(I) An analysis of the cost and feasibility
of incorporating a combined steam and elec-
trical power generation system for the Plant.
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit the authority of the Archi-
tect of the Capitol to procure any services under any other
authority.
LIBRARY OF CONGRESS
SALARIES AND EXPENSES
For necessary expenses of the Library of Congress
not otherwise provided for, including development and
maintenance of the Library’s catalogs; custody and custo-
dial care of the Library buildings; special clothing; clean-
ing, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation
and maintenance of the American Folklife Center in the
Library; preparation and distribution of catalog records
and other publications of the Library; hire or purchase
of one passenger motor vehicle; and expenses of the Li-
brary of Congress Trust Fund Board not properly charge-
able to the income of any trust fund held by the Board,
$373,225,000, of which not more than $6,000,000 shall
be derived from collections credited to this appropriation
during fiscal year 2005, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301;
32 Stat. 480; 2 U.S.C. 150) and not more than $350,000
shall be derived from collections during fiscal year 2005
and shall remain available until expended for the develop-
ment and maintenance of an international legal informa-
tion database and activities related thereto: Provided,
That the Library of Congress may not obligate or expend
any funds derived from collections under the Act of June
28, 1902, in excess of the amount authorized for obliga-
tion or expenditure in appropriations Acts: Provided fur-
ther, That the total amount available for obligation shall
be reduced by the amount by which collections are less
than $6,350,000: Provided further, That of the total
amount appropriated, $12,481,000 shall remain available
until expended for acquisition of books, periodicals, news-
papers, and all other materials including subscriptions for
bibliographic services for the Library, including $40,000
to be available solely for the purchase, when specifically
approved by the Librarian, of special and unique materials
for additions to the collections: Provided further, That of
the total amount appropriated, not more than $12,000
may be expended, on the certification of the Librarian of
Congress, in connection with official representation and
reception expenses for the Overseas Field Offices: Pro-
vided further, That of the total amount appropriated,
$250,000 shall remain available until expended, and shall
be transferred to the Abraham Lincoln Bicentennial Com-
mission for carrying out the purposes of Public Law 106–
173, of which $10,000 may be used for official representa-
tion and reception expenses of the Abraham Lincoln Bi-
centennial Commission: Provided further, That of the total
amount appropriated, $11,026,000 shall remain available
until expended for partial support of the National Audio-
Visual Conservation Center: Provided further, That of the
total amount appropriated, $2,795,000 shall remain avail-
able until expended for the development and maintenance
of the Alternate Computer Facility.
COPYRIGHT OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Copyright Office,
$53,518,000, of which not more than $26,981,000, to re-
main available until expended, shall be derived from collec-
tions credited to this appropriation during fiscal year 2005
under section 708(d) of title 17, United States Code: Pro-
vided, That the Copyright Office may not obligate or ex-
pend any funds derived from collections under such sec-
tion, in excess of the amount authorized for obligation or
expenditure in appropriations Acts: Provided further, That
not more than $6,496,000 shall be derived from collections
during fiscal year 2005 under sections 111(d)(2),
119(b)(2), 802(h), 1005, and 1316 of such title: Provided
further, That the total amount available for obligation
shall be reduced by the amount by which collections are
less than $33,477,000: Provided further, That not more
than $100,000 of the amount appropriated is available for
the maintenance of an ‘‘International Copyright Institute’’
in the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in
intellectual property laws and policies: Provided further,
That not more than $4,250 may be expended, on the cer-
tification of the Librarian of Congress, in connection with
official representation and reception expenses for activities
of the International Copyright Institute and for copyright
delegations, visitors, and seminars.
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions
of section 203 of the Legislative Reorganization Act of
1946 (2 U.S.C. 166) and to revise and extend the Anno-
tated Constitution of the United States of America,
$96,385,000: Provided, That no part of such amount may
be used to pay any salary or expense in connection with
any publication, or preparation of material therefor (ex-
cept the Digest of Public General Bills), to be issued by
the Library of Congress unless such publication has ob-
tained prior approval of either the Committee on House
Administration of the House of Representatives or the
Committee on Rules and Administration of the Senate.
BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED
SALARIES AND EXPENSES
For salaries and expenses to carry out the Act
of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C.
135a), $60,187,000, of which $22,210,000 shall remain
available until expended.
ADMINISTRATIVE PROVISIONS
SEC. 1301. INCENTIVE AWARDS PROGRAM. Of the
amounts appropriated to the Library of Congress in this
Act, not more than $5,000 may be expended, on the cer-
tification of the Librarian of Congress, in connection with
official representation and reception expenses for the in-
centive awards program.
SEC. 1302. REIMBURSABLE AND REVOLVING FUND
ACTIVITIES. (a) IN GENERAL.—For fiscal year 2005, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$106,985,000.
(b) ACTIVITIES.—The activities referred to in sub-
section (a) are reimbursable and revolving fund activities
that are funded from sources other than appropriations
to the Library in appropriations Acts for the legislative
branch.
(c) TRANSFER OF FUNDS.—During fiscal year 2005,
the Librarian of Congress may temporarily transfer funds
appropriated in this Act, under the heading ‘‘LIBRARY
OF CONGRESS’’ under the subheading ‘‘SALARIES AND
EXPENSES’’ to the revolving fund for the FEDLINK Pro-
gram and the Federal Research Program established
under section 103 of the Library of Congress Fiscal Oper-
ations Improvement Act of 2000 (Public Law 106–481;
2 U.S.C. 182c): Provided, That the total amount of such
transfers may not exceed $1,900,000: Provided further,
That the appropriate revolving fund account shall reim-
burse the Library for any amounts transferred to it before
the period of availability of the Library appropriation ex-
pires.
SEC. 1303. NATIONAL DIGITAL INFORMATION IN-
FRASTRUCTURE AND PRESERVATION PROGRAM. The first
proviso under the heading ‘‘LIBRARY OF CON-
GRESS—SALARIES AND EXPENSES’’ in chapter 9 of divi-
sion A of the Miscellaneous Appropriations Act, 2001, as
enacted into law by section 1(a)(4) of the Consolidated
Appropriations Act, 2001 (Public Law 106–554; 114 Stat.
2763A–194), as amended by section 1303 of the Legisla-
tive Branch Appropriations Act, 2003, is amended—
(1) by striking ‘‘other than money’’ and insert-
ing ‘‘other than money and pledges’’; and
(2) by striking ‘‘March 31, 2005’’ and inserting
‘‘March 31, 2010’’.
GOVERNMENT PRINTING OFFICE
CONGRESSIONAL PRINTING AND BINDING
(INCLUDING TRANSFER OF FUNDS)
For authorized printing and binding for the Congress
and the distribution of Congressional information in any
format; printing and binding for the Architect of the Cap-
itol; expenses necessary for preparing the semimonthly
and session index to the Congressional Record, as author-
ized by law (section 902 of title 44, United States Code);
printing and binding of Government publications author-
ized by law to be distributed to Members of Congress; and
printing, binding, and distribution of Government publica-
tions authorized by law to be distributed without charge
to the recipient, $88,800,000: Provided, That this appro-
priation shall not be available for paper copies of the per-
manent edition of the Congressional Record for individual
Representatives, Resident Commissioners or Delegates au-
thorized under section 906 of title 44, United States Code:
Provided further, That this appropriation shall be available
for the payment of obligations incurred under the appro-
priations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limita-
tion under section 718 of title 44, United States Code,
none of the funds appropriated or made available under
this Act or any other Act for printing and binding and
related services provided to Congress under chapter 7 of
title 44, United States Code, may be expended to print
a document, report, or publication after the 27-month pe-
riod beginning on the date that such document, report,
or publication is authorized by Congress to be printed, un-
less Congress reauthorizes such printing in accordance
with section 718 of title 44, United States Code: Provided
further, That any unobligated or unexpended balances in
this account or accounts for similar purposes for preceding
fiscal years may be transferred to the Government Print-
ing Office revolving fund for carrying out the purposes of
this heading, subject to the approval of the Committees
on Appropriations of the House of Representatives and
Senate.
OFFICE OF SUPERINTENDENT OF DOCUMENTS
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Office of Superintendent of Doc-
uments necessary to provide for the cataloging and index-
ing of Government publications and their distribution to
the public, Members of Congress, other Government agen-
cies, and designated depository and international exchange
libraries as authorized by law, $32,524,000: Provided,
That amounts of not more than $2,000,000 from current
year appropriations are authorized for producing and dis-
seminating Congressional serial sets and other related
publications for fiscal years 2003 and 2004 to depository
and other designated libraries: Provided further, That any
unobligated or unexpended balances in this account or ac-
counts for similar purposes for preceding fiscal years may
be transferred to the Government Printing Office revolv-
ing fund for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropria-
tions of the House of Representatives and Senate.
GOVERNMENT PRINTING OFFICE REVOLVING FUND
The Government Printing Office may make such ex-
penditures, within the limits of funds available and in ac-
cord with the law, and to make such contracts and com-
mitments without regard to fiscal year limitations as pro-
vided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the programs and pur-
poses set forth in the budget for the current fiscal year
for the Government Printing Office revolving fund: Pro-
vided, That not more than $5,000 may be expended on
the certification of the Public Printer in connection with
official representation and reception expenses: Provided
further, That the revolving fund shall be available for the
hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Public
Printer shall be deemed necessary to carry out the provi-
sions of title 44, United States Code: Provided further,
That the revolving fund shall be available for temporary
or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more
than the daily equivalent of the annual rate of basic pay
for level V of the Executive Schedule under section 5316
of such title: Provided further, That the revolving fund and
the funds provided under the headings ‘‘OFFICE OF SU-
PERINTENDENT OF DOCUMENTS’’ and ‘‘SALARIES AND
EXPENSES’’ together may not be available for the full-time
equivalent employment of more than 2,889 workyears (or
such other number of workyears as the Public Printer may
request, subject to the approval of the Committees on Ap-
propriations of the House of Representatives and Senate):
Provided further, That activities financed through the re-
volving fund may provide information in any format: Pro-
vided further, That not more than $10,000 may be ex-
pended from the revolving fund in support of the activities
of the Benjamin Franklin Tercentenary Commission es-
tablished under the Benjamin Franklin Tercentenary
Commission Act (Public Law 107–202).
ADMINISTRATIVE PROVISION
SEC. 1401. DISCOUNT
AUTHORITY
OF
SUPER-
INTENDENT OF DOCUMENTS. Section 1708 of title 44,
United States Code, is amended by striking ‘‘of not to ex-
ceed 25 percent may be allowed to book dealers and quan-
tity purchasers’’ and inserting ‘‘may be allowed as deter-
mined by the Superintendent of Documents’’.
GENERAL ACCOUNTING OFFICE
SALARIES AND EXPENSES
For necessary expenses of the General Accounting
Office, including not more than $12,500 to be expended
on the certification of the Comptroller General of the
United States in connection with official representation
and reception expenses; temporary or intermittent services
under section 3109(b) of title 5, United States Code, but
at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level IV of the Execu-
tive Schedule under section 5315 of such title; hire of one
passenger motor vehicle; advance payments in foreign
countries in accordance with section 3324 of title 31,
United States Code; benefits comparable to those payable
under sections 901(5), (6), and (8) of the Foreign Service
Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under
regulations prescribed by the Comptroller General of the
United States, rental of living quarters in foreign coun-
tries, $473,500,000: Provided, That not more than
$5,000,000 of payments received under section 782 of title
31, United States Code, shall be available for use in fiscal
year 2005: Provided further, That not more than
$2,500,000 of reimbursements received under section
9105 of title 31, United States Code, shall be available
for use in fiscal year 2005: Provided further, That this
appropriation and appropriations for administrative ex-
penses of any other department or agency which is a mem-
ber of the National Intergovernmental Audit Forum or a
Regional Intergovernmental Audit Forum shall be avail-
able to finance an appropriate share of either Forum’s
costs as determined by the respective Forum, including
necessary travel expenses of non-Federal participants:
Provided further, That payments hereunder to the Forum
may be credited as reimbursements to any appropriation
from which costs involved are initially financed: Provided
further, That this appropriation and appropriations for ad-
ministrative expenses of any other department or agency
which is a member of the American Consortium on Inter-
national Public Administration (ACIPA) shall be available
to finance an appropriate share of ACIPA costs as deter-
mined by the ACIPA, including any expenses attributable
to membership of ACIPA in the International Institute of
Administrative Sciences.
PAYMENT TO THE OPEN WORLD LEADERSHIP
CENTER TRUST FUND
For a payment to the Open World Leadership Center
Trust Fund for financing activities of the Open World
Leadership Center, $6,750,000.
TITLE II—GENERAL PROVISIONS
SEC. 201. MAINTENANCE AND CARE OF PRIVATE
VEHICLES. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private vehi-
cles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee
on House Administration and for the Senate issued by the
Committee on Rules and Administration.
SEC. 202. FISCAL YEAR LIMITATION. No part of the
funds appropriated in this Act shall remain available for
obligation beyond fiscal year 2005 unless expressly so pro-
vided in this Act.
SEC. 203. RATES OF COMPENSATION AND DESIGNA-
TION. Whenever in this Act any office or position not spe-
cifically established by the Legislative Pay Act of 1929
(46 Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position ap-
propriated for is different from that specifically estab-
lished by such Act, the rate of compensation and the des-
ignation in this Act shall be the permanent law with re-
spect thereto: Provided, That the provisions in this Act
for the various items of official expenses of Members, offi-
cers, and committees of the Senate and House of Rep-
resentatives, and clerk hire for Senators and Members of
the House of Representatives shall be the permanent law
with respect thereto.
SEC. 204. CONSULTING SERVICES. The expenditure
of any appropriation under this Act for any consulting
service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued under existing law.
SEC. 205. AWARDS AND SETTLEMENTS. Such sums
as may be necessary are appropriated to the account de-
scribed in subsection (a) of section 415 of the Congres-
sional Accountability Act of 1995 (2 U.S.C. 1415(a)) to
pay awards and settlements as authorized under such sub-
section.
SEC. 206. COSTS OF LBFMC. Amounts available for
administrative expenses of any legislative branch entity
which participates in the Legislative Branch Financial
Managers Council (LBFMC) established by charter on
March 26, 1996, shall be available to finance an appro-
priate share of LBFMC costs as determined by the
LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may deter-
mine) may not exceed $2,000.
SEC. 207. LANDSCAPE MAINTENANCE. The Architect
of the Capitol, in consultation with the District of Colum-
bia, is authorized to maintain and improve the landscape
features, excluding streets and sidewalks, in the irregular
shaped grassy areas bounded by Washington Avenue, SW
on the northeast, Second Street SW on the west, Square
582 on the south, and the beginning of the I–395 tunnel
on the southeast.
SEC. 208. TRANSFER OF FUNDS. None of the funds
made available in this Act may be transferred to any de-
partment, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other ap-
propriation Act.
SEC. 209. ETRAVEL SERVICE. Notwithstanding any
other provision of law, no entity within the legislative
branch shall be required to use the eTravel Service estab-
lished by the Administrator of General Services for official
travel by officers or employees of the entity during fiscal
year 2005 or any succeeding fiscal year.
SEC. 210. VOLUNTARY SEPARATION INCENTIVE PAY-
MENTS. (a) AUTHORITY TO OFFER PAYMENTS.—Notwith-
standing any other provision of law, the head of any office
in the legislative branch may establish a program under
which voluntary separation incentive payments may be of-
fered to eligible employees of the office to encourage such
employees to separate from service voluntarily (whether by
retirement or resignation), in accordance with this section.
(b) AMOUNT AND ADMINISTRATION OF PAYMENTS.—
A voluntary separation incentive payment made under this
section—
(1) shall be paid in a lump sum after the em-
ployee’s separation;
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the
employee would be entitled to receive under sec-
tion 5595(c) of title 5, United States Code, if
the employee were entitled to payment under
such section (without adjustment for any pre-
vious payment made); or
(B) an amount determined by the head of
the office involved, not to exceed $25,000;
(3) may be made only in the case of an em-
ployee who voluntarily separates (whether by retire-
ment or resignation) under this section;
(4) shall not be a basis for payment, and shall
not be included in the computation, of any other
type of Government benefit;
(5) shall not be taken into account in deter-
mining the amount of any severance pay to which
the employee may be entitled under section 5595 of
title 5, United States Code, based on any other sepa-
ration; and
(6) shall be paid from appropriations or funds
available for the payment of the basic pay of the em-
ployee.
(c) PLAN.—
(1) PLAN REQUIRED FOR MAKING PAYMENTS.—
No voluntary separation incentive payment may be
paid under this section with respect to an office un-
less the head of the office submits a plan described
in paragraph (2) to each applicable Committee de-
scribed in paragraph (3), and each applicable Com-
mittee approves the plan.
(2) CONTENTS OF PLAN.—A plan described in
this paragraph with respect to an office is a plan
containing the following information:
(A) The specific positions and functions to
be reduced or eliminated.
(B) A description of which categories of
employees will be offered incentives.
(C) The time period during which incen-
tives may be paid.
(D) The number and amounts of voluntary
separation incentive payments to be offered.
(E) A description of how the office will op-
erate without the eliminated positions and func-
tions.
(3) APPLICABLE COMMITTEE.—For purposes of
this subsection, the ‘‘applicable Committee’’ with re-
spect to an office means—
(A) in the case of an office of the House
of Representatives, the Committee on House
Administration of the House of Representatives;
and
(B) in the case of any other office, the
Committee on House Administration of the
House of Representatives and the Committee
on Rules and Administration of the Senate.
(d) EXCLUSION OF CERTAIN OFFICES.—This section
shall not apply—
(1) to any office of the Senate or to any em-
ployee of such an office; or
(2) to any office which is an Executive agency
under section 105 of title 5, United States Code, or
any employee of such an office.
(e) ELIGIBLE EMPLOYEE DEFINED.—
(1) IN GENERAL.—In this section, an ‘‘eligible
employee’’ is an employee (as defined in section
2105, United States Code) or a Congressional em-
ployee (as defined in section 2107, United States
Code) who—
(A) is serving under an appointment with-
out time limitation; and
(B) has been currently employed for a con-
tinuous period of at least 3 years.
(2) EXCLUSIONS.—An ‘‘eligible employee’’ does
not include any of the following:
(A) A reemployed annuitant under sub-
chapter III of chapter 83 or 84 of title 5,
United States Code, or another retirement sys-
tem for employees of the Government.
(B) An employee having a disability on the
basis of which such employee is or would be eli-
gible for disability retirement under subchapter
III of chapter 83 or 84 of title 5, United States
Code, or another retirement system for employ-
ees of the Government.
(C) An employee who is in receipt of a de-
cision notice of involuntary separation for mis-
conduct or unacceptable performance.
(D) An employee who has previously re-
ceived any voluntary separation incentive pay-
ment from the Federal Government under this
section or any other authority.
(E) An employee covered by statutory re-
employment rights who is on transfer employ-
ment with another organization.
(F) Any employee who—
(i) during the 36-month period pre-
ceding the date of separation of that em-
ployee, performed service for which a stu-
dent loan repayment benefit was or is to be
paid under section 5379 of title 5, United
States Code, or any other authority;
(ii) during the 24-month period pre-
ceding the date of separation of that em-
ployee, performed service for which a re-
cruitment or relocation bonus was or is to
be paid under section 5753 of such title or
any other authority; or
(iii) during the 12-month period pre-
ceding the date of separation of that em-
ployee, performed service for which a re-
tention bonus was or is to be paid under
section 5754 of such title or any other au-
thority.
(f) REPAYMENT FOR INDIVIDUALS RETURNING TO
GOVERNMENT EMPLOYMENT.—
(1) IN GENERAL.—Subject to paragraph (2), an
employee who has received a voluntary separation in-
centive payment under this section and accepts em-
ployment with the Government of the United States
within 5 years after the date of the separation on
which the payment is based shall be required to
repay the entire amount of the incentive payment to
the office that paid the incentive payment.
(2) WAIVER
FOR
INDIVIDUALS
POSSESSING
UNIQUE ABILITIES.—(A) If the employment is with
an Executive agency (as defined by section 105 of
title 5, United States Code), the Director of the Of-
fice of Personnel Management may, at the request
of the head of the agency, waive the repayment re-
quired under this subsection if the individual in-
volved possesses unique abilities and is the only
qualified applicant available for the position.
(B) If the employment is with an entity in the
legislative branch, the head of the entity or the ap-
pointing official may waive the repayment required
under this subsection if the individual involved pos-
sesses unique abilities and is the only qualified appli-
cant available for the position.
(C) If the employment is with the judicial
branch, the Director of the Administrative Office of
the United States Courts may waive the repayment
required under this subsection if the individual in-
volved possesses unique abilities and is the only
qualified applicant available for the position.
(3) TREATMENT OF PERSONAL SERVICES CON-
TRACTS.—For purposes of paragraph (1) (but not
paragraph (2)), the term ‘‘employment’’ includes
employment under a personal services contract with
the United States.
(g) EFFECTIVE DATE.—This section shall take effect
July 1, 2005, and shall apply with respect to fiscal year
2005 and each succeeding fiscal year.
SEC. 211. COMPENSATION LIMITATION. None of the
funds contained in this Act or any other Act may be used
to pay the salary of any officer or employee of the legisla-
tive branch during fiscal year 2005 or any succeeding fis-
cal year to the extent that the aggregate amount of com-
pensation paid to the employee during the year (including
base salary, performance awards and other bonus pay-
ments, and incentive payments, but excluding the value
of any in-kind benefits and payments) exceeds the annual
rate of pay for a Member of the House of Representatives
or a Senator.
SEC. 212. CAPITOL GROUNDS ENCLOSURE. None of
the funds contained in this Act may be used to study, de-
sign, plan, or otherwise further the construction or consid-
eration of a fence to enclose the perimeter of the grounds
of the United States Capitol.
This Act may be cited as the ‘‘Legislative Branch Ap-
propriations Act, 2005’’.
Passed the House of Representatives July 12, 2004.
Attest:
Clerk.