H. R. 2209—19
ARCHITECT OF THE CAPITOL
LIBRARY BUILDINGS AND GROUNDS
STRUCTURAL AND MECHANICAL CARE
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $11,573,000, of which $3,910,000 shall remain available
until expended.
GOVERNMENT PRINTING OFFICE
OFFICE OF SUPERINTENDENT OF DOCUMENTS
SALARIES AND EXPENSES
For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of Government
publications and their distribution to the public, Members of Con-
gress, other Government agencies, and designated depository and
international exchange libraries as authorized by law, $29,077,000:
Provided, That travel expenses, including travel expenses of the
Depository Library Council to the Public Printer, shall not exceed
$150,000: Provided further, That amounts of not more than
$2,000,000 from current year appropriations are authorized for
producing and disseminating Congressional serial sets and other
related publications for 1996 and 1997 to depository and other
designated libraries.
GOVERNMENT PRINTING OFFICE REVOLVING FUND
The Government Printing Office is hereby authorized to make
such expenditures, within the limits of funds available and in
accord with the law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by section
9104 of title 31, United States Code, as may be necessary in
carrying out the programs and purposes set forth in the budget
for the current fiscal year for the Government Printing Office revolv-
ing fund: Provided, That not more than $2,500 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 twelve 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 provisions of title 44, United States Code: Provided further,
That the revolving fund shall be available for temporary or intermit-
tent 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 SUPER-
INTENDENT OF DOCUMENTS’’ and ‘‘SALARIES AND EXPENSES’’ together
may not be available for the full-time equivalent employment of
more than 3,550 workyears: Provided further, That activities
financed through the revolving fund may provide information in
any format: Provided further, That the revolving fund shall not
H. R. 2209—20
be used to administer any flexible or compressed work schedule
which applies to any manager or supervisor in a position the grade
or level of which is equal to or higher than GS–15: Provided further,
That expenses for attendance at meetings shall not exceed $75,000:
Provided further, That $1,500,000 may be expended on the certifi-
cation of the Public Printer, for reimbursement to the General
Accounting Office, for a management audit.
GENERAL ACCOUNTING OFFICE
SALARIES AND EXPENSES
For necessary expenses of the General Accounting Office,
including not more than $7,000 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 Executive Schedule
under section 5315 of such title; hire of one passenger motor vehicle;
advance payments in foreign countries in accordance with 31 U.S.C.
3324; benefits comparable to those payable under sections 901(5),
901(6) and 901(8) of the Foreign Service Act of 1980 (22 U.S.C.
4081(5), 4081(6) and 4081(8)); and under regulations prescribed
by the Comptroller General of the United States, rental of living
quarters in foreign countries; $339,499,000: Provided, That not
more than $1,000,000 of reimbursements received incident to the
operation of the General Accounting Office Building shall be avail-
able for use in fiscal year 1998: Provided further, That an additional
amount of $4,404,000 shall be available by transfer from funds
previously deposited in the special account established pursuant
to 31 U.S.C. 782: Provided further, That notwithstanding 31 U.S.C.
9105 hereafter amounts reimbursed to the Comptroller General
pursuant to that section shall be deposited to the appropriation
of the General Accounting Office then available and remain avail-
able until expended, and not more than $2,000,000 of such funds
shall be available for use in fiscal year 1998: Provided further,
That this appropriation and appropriations for administrative
expenses of any other department or agency which is a member
of the Joint Financial Management Improvement Program (JFMIP)
shall be available to finance an appropriate share of JFMIP costs
as determined by the JFMIP, including the salary of the Executive
Director and secretarial support: Provided further, That this appro-
priation and appropriations for administrative expenses of any other
department or agency which is a member of the National Intergov-
ernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of either
Forum’s costs as determined by the respective Forum, including
necessary travel expenses of non-Federal participants. Payments
hereunder to either the Forum or the JFMIP may be credited
as reimbursements to any appropriation from which costs involved
are initially financed: Provided further, That this appropriation
and appropriations for administrative expenses of any other depart-
ment or agency which is a member of the American Consortium
on International Public Administration (ACIPA) shall be available
to finance an appropriate share of ACIPA costs as determined
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by the ACIPA, including any expenses attributable to membership
of ACIPA in the International Institute of Administrative Sciences.
TITLE III—GENERAL PROVISIONS
SEC. 301. No part of the funds appropriated in this Act shall
be used for the maintenance or care of private vehicles, except
for emergency assistance and cleaning as may be provided under
regulations relating to parking facilities for the House of Represent-
atives issued by the Committee on House Oversight and for the
Senate issued by the Committee on Rules and Administration.
SEC. 302. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 1998 unless
expressly so provided in this Act.
SEC. 303. Whenever in this Act any office or position not specifi-
cally established by the Legislative Pay Act of 1929 is appropriated
for or the rate of compensation or designation of any office or
position appropriated for is different from that specifically estab-
lished by such Act, the rate of compensation and the designation
in this Act shall be the permanent law with respect thereto: Pro-
vided, That the provisions in this Act for the various items of
official expenses of Members, officers, and committees of the Senate
and House of Representatives, and clerk hire for Senators and
Members of the House of Representatives shall be the permanent
law with respect thereto.
SEC. 304. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, 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 pursuant
to existing law.
SEC. 305. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased
with funds made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act,
the head of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States
that is not made in the United States, such person shall be ineligible
to receive any contract or subcontract made with funds provided
pursuant to this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in section 9.400 through 9.409
of title 48, Code of Federal Regulations.
SEC. 306. Such sums as may be necessary are appropriated
to the account described in subsection (a) of section 415 of Public
Law 104–1 to pay awards and settlements as authorized under
such subsection.
SEC. 307. Amounts available for administrative expenses of
any legislative branch entity which participates in the Legislative
Branch Financial Managers Council (LBFMC) established by char-
ter on March 26, 1996, shall be available to finance an appropriate
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share of LBFMC costs as determined by the LBFMC, except that
the total LBFMC costs to be shared among all participating legisla-
tive branch entities (in such allocations among the entities as
the entities may determine) may not exceed $1,500.
SEC. 308. (a) Section 713(a) of title 18, United States Code,
is amended by inserting after ‘‘Senate,’’ the following: ‘‘or the seal
of the United States House of Representatives, or the seal of the
United States Congress,’’.
(b) Section 713 of title 18, United States Code, is amended—
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new sub-
sections:
‘‘(d) Whoever, except as directed by the United States House
of Representatives, or the Clerk of the House of Representatives
on its behalf, knowingly uses, manufactures, reproduces, sells or
purchases for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United States
House of Representatives, or any substantial part thereof, except
for manufacture or sale of the article for the official use of the
Government of the United States, shall be fined under this title
or imprisoned not more than six months, or both.
‘‘(e) Whoever, except as directed by the United States Congress,
or the Secretary of the Senate and the Clerk of the House of
Representatives, acting jointly on its behalf, knowingly uses, manu-
factures, reproduces, sells or purchases for resale, either separately
or appended to any article manufactured or sold, any likeness
of the seal of the United States Congress, or any substantial part
thereof, except for manufacture or sale of the article for the official
use of the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.’’.
(c) Section 713(f) of title 18, United States Code (as redesignated
by subsection (b)(1)), is amended—
(1) by striking ‘‘and’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
‘‘(3) in the case of the seal of the United States House
of Representatives, upon complaint by the Clerk of the House
of Representatives; and
‘‘(4) in the case of the seal of the United States Congress,
upon complaint by the Secretary of the Senate and the Clerk
of the House of Representatives, acting jointly.’’.
(d) The heading of section 713 of title 18, United States Code,
is amended by striking ‘‘and the seal of the United States
Senate’’ and inserting the following: ‘‘the seal of the United
States Senate, the seal of the United States House of
Representatives, and the seal of the United States Congress’’.
(e) The table of sections for chapter 33 of part I of title 18,
United States Code, is amended by amending the item relating
to section 713 to read as follows:
‘‘713. Use of likenesses of the great seal of the United States, the seals of the
President and Vice President, the seal of the United States Senate, the
seal of the United States House of Representatives, and the seal of the
United States Congress.’’.
SEC. 309. Section 316 of Public Law 101–302 is amended in
the first sentence of subsection (a) by striking ‘‘1997’’ and inserting
‘‘1998’’.
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SEC. 310. (a) SEVERANCE PAY.—Section 5595 of title 5, United
States Code, is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (D) by striking ‘‘and’’ after the
semicolon; and
(B) by adding after subparagraph (E) the following
new subparagraph:
‘‘(F) the Office of the Architect of the Capitol, but
only with respect to the United States Senate Restaurants;
and’’;
(2) in subsection (a)(2)—
(A) in clause (vii) by striking ‘‘or’’ after the semicolon;
(B) by redesignating clause (viii) as clause (ix) and
inserting after clause (vii) the following:
‘‘(viii) an employee of the United States Senate
Restaurants of the Office of the Architect of the Capitol,
who is employed on a temporary when actually
employed basis; or’’; and
(3) in subsection (b) by adding at the end the following:
‘‘The Architect of the Capitol may prescribe regulations to effect
the application and operation of this section to the agency
specified in subsection (a)(1)(F) of this section.’’.
(b) EARLY RETIREMENT.—(1) This subsection applies to an
employee of the United States Senate Restaurants of the Office
of the Architect of the Capitol who—
(A) voluntarily separates from service on or after the date
of enactment of this Act and before October 1, 1999; and
(B) on such date of separation—
(i) has completed 25 years of service as defined under
section 8331(12) or 8401(26) of title 5, United States
Code; or
(ii) has completed 20 years of such service and is
at least 50 years of age.
(2) Notwithstanding any provision of chapter 83 or 84 of title
5, United States Code, an employee described under paragraph
(1) is entitled to an annuity which shall be computed consistent
with the provisions of law applicable to annuities under section
8336(d) or 8414(b) of title 5, United States Code.
(c) VOLUNTARY SEPARATION INCENTIVE PAYMENTS.—(1) In this
subsection, the term ‘‘employee’’ means an employee of the United
States Senate Restaurants of the Office of the Architect of the
Capitol, serving without limitation, who has been currently
employed for a continuous period of at least 12 months, except
that such term shall not include—
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the Government;
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under any of the retirement systems referred to in subpara-
graph (A); or
(C) an employee who is employed on a temporary when
actually employed basis.
(2) Notwithstanding any other provision of law, in order to
avoid or minimize the need for involuntary separations due to
a reduction in force, reorganization, transfer of function, or other
similar action affecting the agency, the Architect of the Capitol
H. R. 2209—24
shall establish a program under which voluntary separation incen-
tive payments may be offered to encourage not more than 50 eligible
employees to separate from service voluntarily (whether by retire-
ment or resignation) during the period beginning on the date of
the enactment of this Act through September 30, 1999.
(3) Such voluntary separation incentive payments shall be paid
in accordance with the provisions of section 5597(d) of title 5,
United States Code. Any such payment shall not be a basis of
payment, and shall not be included in the computation, of any
other type of Government benefit.
(4)(A) Subject to subparagraph (B), an employee who has
received a voluntary separation incentive payment under this sec-
tion and accepts employment 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 agency that paid the incentive
payment.
(B)(i) If the employment is with an executive agency (as defined
by section 105 of title 5, United States Code), the Director of
the Office of Personnel Management may, at the request of the
head of the agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified applicant avail-
able for the position.
(ii) If the employment is with an entity in the legislative branch,
the head of the entity or the appointing official may waive the
repayment if the individual involved possesses unique abilities and
is the only qualified applicant available for the position.
(iii) If the employment is with the judicial branch, the Director
of the Administrative Office of the United States Courts may waive
the repayment if the individual involved possesses unique abilities
and is the only qualified applicant available for the position.
(C) For purposes of subparagraph (A) (but not subparagraph
(B)), the term ‘‘employment’’ includes employment under a personal
services contract with the United States.
(5) The Architect of the Capitol may prescribe regulations to
carry out this subsection.
(d) COMPETITIVE SERVICE TREATMENT FOR CERTAIN EMPLOY-
EES.—(1) This subsection applies to any employee of the United
States Senate Restaurants of the Office of the Architect of the
Capitol who—
(A) is involuntarily separated from service on or after the
date of the enactment of this Act and before October 1, 1999
(except by removal for cause on charges of misconduct or delin-
quency); and
(B) has performed any period of service employed in the
Office of the Architect of the Capitol (including the United
States Senate Restaurants) in a position in the excepted service
as defined under section 2103 of title 5, United States Code.
(2) For purposes of applying for employment for any position
in the executive branch (including for purposes of the administration
of chapter 33 of title 5, United States Code, with respect to such
employment application), any period of service described under
paragraph (1)(B) of this subsection shall be deemed a period of
service in the competitive service as defined under section 2102
of title 5, United States Code.
(3) This subsection shall—
(A) take effect on the date of enactment of this Act; and
H. R. 2209—25
(B) apply only to an employment application submitted
by an employee during the 2-year period beginning on the
date of such employee’s separation from service described under
paragraph (1)(A).
(e) RETRAINING, JOB PLACEMENT, AND COUNSELING SERVICES.—
(1) In this subsection, the term ‘‘employee’’—
(A) means an employee of the United States Senate
Restaurants of the Office of the Architect of the Capitol; and
(B) shall not include—
(i) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the Govern-
ment; or
(ii) an employee who is employed on a temporary when
actually employed basis.
(2) The Architect of the Capitol may establish a program to
provide retraining, job placement, and counseling services to
employees and former employees.
(3) A former employee may not participate in a program estab-
lished under this subsection, if—
(A) the former employee was separated from service with
the United States Senate Restaurants of the Office of the
Architect of the Capitol for more than 1 year; or
(B) the separation was by removal for cause on charges
of misconduct or delinquency.
(4) Retraining costs for the program established under this
subsection may not exceed $5,000 for each employee or former
employee.
(f) ADMINISTRATIVE
PROVISIONS.—(1) The Architect of the
Capitol—
(A) may use employees of the Office of the Architect of
the Capitol to establish and administer programs and carry
out the provisions of this section; and
(B) may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, to carry out
such provisions—
(i) not subject to the 1 year of service limitation under
such section 3109(b); and
(ii) at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed
for level V of the Executive Schedule under section 5316
of such title.
(2) Funds to carry out subsections (a) and (c) may be expended
only from funds available for the basic pay of the employee who
is receiving the applicable payment.
(3) Funds to carry out subsection (e) may be expended from
any funds made available to the Architect of the Capitol.
SEC. 311. (a) RATE OF PAY FOR DIRECTOR OF ENGINEERING.—
Section 108(a) of the Legislative Branch Appropriations Act, 1991
(40 U.S.C. 166b–3b(a)) is amended by striking ‘‘the rate of basic
pay payable for level V of the Executive Schedule’’ and inserting
‘‘such rate as the Architect considers appropriate, not to exceed
90 percent of the highest total rate of pay for the Senior Executive
Service under chapter 53 of title 5, United States Code, for the
locality involved’’.
(b) APPLICABLE RATE OF PAY.—Section 108(b)(1) of such Act
(40 U.S.C. 166b–3b(b)(1)) is amended—
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(1) by striking the second sentence; and
(2) by striking ‘‘the maximum rate allowable for the Senior
Executive Service’’ each place it appears in subparagraphs (A)
and (B) and inserting the following: ‘‘the highest total rate
of pay for the Senior Executive Service under chapter 53 of
title 5, United States Code, for the locality involved’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to pay periods beginning on or after
January 1, 1998.
SEC. 312. Any amount appropriated in this Act for ‘‘HOUSE
OF REPRESENTATIVES—SALARIES
AND
EXPENSES—MEMBERS’
REPRESENTATIONAL ALLOWANCES’’ shall be available only for fiscal
year 1998. Any amount remaining after all payments are made
under such allowances for such fiscal year shall be deposited in
the Treasury, to be used for deficit reduction.
This Act may be cited as the ‘‘Legislative Branch Appropriations
Act, 1998’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.