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(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-
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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’’. 
CAPITOL POWER PLANT 
For all necessary expenses for the maintenance, care 
and operation of the Capitol Power Plant; lighting, heating, 
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 garage, 
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 Supreme Court 
Building, the Union Station complex, the Thurgood Mar-
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shall Federal Judiciary Building and the Folger Shake-
speare Library, expenses for which shall be advanced or re-
imbursed upon request of the Architect of the Capitol and 
amounts so received shall be deposited into the Treasury 
to the credit of this appropriation, $60,928,000, of which 
$2,190,000 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, $65,145,000, of which $47,114,000 
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, $7,090,000, of which $1,500,000 shall re-
main available until September 30, 2009. 
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