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415 of Public Law 104–1 to pay awards and settlements
as authorized under such subsection.
SEC. 306. Section 316 of Public Law 101–302 is
amended in the first sentence of subsection (a) by striking
‘‘1997’’ and inserting ‘‘1998’’.
SEC. 307. The Government Printing Office shall be
considered an agency for the purposes of the election in sec-
tion 801(b)(2)(B) of the National Energy Conservation Pol-
icy Act and the Public Printer shall be considered the head
of the agency for purposes of subsection (b)(2)(C) of such
section.
SEC. 308. RESIDENCE OF MEMBERS OF CONGRESS.—
Section 113 of title 4, United States Code, is amended—
(1) in the section heading by striking ‘‘for State
income tax laws’’; and
(2) by striking subsection (b) and inserting the
following new subsections:
‘‘(b) Notwithstanding any other provision of law, a
Member of Congress and the Member’s spouse, dependents,
and staff shall be treated as permanent residents and domi-
ciliaries of the State or district which the Member rep-
resents, notwithstanding that the Member and the Member’s
spouse, dependents, and staff may be absent from, or may
maintain a place of abode outside of, such State. A Member
of Congress and the Member’s spouse, dependents, and staff
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shall be entitled to the same rights, privileges, immunities,
and benefits and shall be subject to the same responsibilities,
taxation, and liabilities as other residents and domiciliaries
who physically reside in such State, including maintaining
a State driver’s license, registering vehicles in such State
(without regard to whether such vehicle is physically located
in such State), registering to vote in such State, and quali-
fying for benefits, loans, or other programs that such State
may make available to other residents and domiciliaries
who physically reside in such State.
‘‘(c) For the purposes of this section—
‘‘(1) the term ‘Member of Congress’ includes the
delegates from the District of Columbia, Guam, and
the Virgin Islands, and the Resident Commissioner
from Puerto Rico;
‘‘(2) the term ‘State’ includes the District of Co-
lumbia; and
‘‘(3) the term ‘dependents’ includes any person—
‘‘(A) who derives his or her support from a
Member of Congress; and
‘‘(B)(i) is a child of such Member who is
age 23 or younger; or
‘‘(ii) is a ward of such Member; and
‘‘(4) the term ‘staff’ means any person who—
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‘‘(A) is in the employ of the Member of Con-
gress for the purpose of assisting the Member in
the performance of official duties; and
‘‘(B) was resident and domiciliary of the
State or district which the Member represents
when such person entered the employ of the
Member.
‘‘(d) This section shall not apply to any spouse, de-
pendent, or staff of a Member of Congress who claims resi-
dency or a domicile in a State other than the State which
the Member represents or in which the Member’s district
is located.’’.
(b) The chapter analysis for chapter 4 of title 4, Unit-
ed States Code, is amended in the item for section 113 by
striking ‘‘for State income tax laws’’.
SEC. 309. (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 Cap-
itol, but only with respect to the United States
Senate Restaurants; and’’;
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(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 em-
ployed on a temporary when actually em-
ployed 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 de-
fined under section 8331(12) or 8401(26) of title
5, United States Code; or
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(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 em-
ployee 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 in-
clude—
(A) a reemployed annuitant under subchapter
III of chapter 83 or chapter 84 of title 5, United
States Code, or another retirement system for employ-
ees of the Government;
(B) an employee having a disability on the basis
of which such employee is or would be eligible for dis-
ability retirement under any of the retirement sys-
tems referred to in subparagraph (A); or
(C) an employee who is employed on a tem-
porary when actually employed basis.
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(2) Notwithstanding any other provision of law, in
order to avoid or minimize the need for involuntary separa-
tions due to a reduction in force, reorganization, transfer
of function, or other similar action affecting the agency, the
Architect of the Capitol shall establish a program under
which voluntary separation incentive payments may be of-
fered to encourage not more than 50 eligible employees to
separate from service voluntarily (whether by retirement 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 bene-
fit.
(4)(A) Subject to subparagraph (B), an employee who
has received a voluntary separation incentive payment
under this section and accepts employment with the Govern-
ment of the United States within 5 years after the date of
the separation on which the payment is based shall be re-
quired 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 State Code),
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the Director of the Office of Personnel Management may,
at the request of the head of the agency, waive the repay-
ment if the individual involved possesses unique abilities
and is the only qualified applicant available for the posi-
tion.
(ii) If the employment is with an entity in the legisla-
tive branch, the head of the entity or the appointing official
may waive the repayment if the individual involved pos-
sesses 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 appli-
cant available for the position.
(C) For purposes of subparagraph (A) (but not sub-
paragraph (B)), the term ‘‘employment’’ includes employ-
ment under a personal services contract with the United
States.
(5) The Architect of the Capitol may prescribe regula-
tions to carry out this subsection.
(d) COMPETITIVE SERVICE TREATMENT FOR CERTAIN
EMPLOYEES.—(1) This subsection applies to any employee
of the United States Senate Restaurants of the Office of the
Architect of the Capitol who—