Legislative Branch Appropriations Act, 2005 - Title I: Legislative Branch Appropriations - Makes FY 2005 appropriations for the Senate for: (1) expense allowances; (2) representation allowances for the Majority and Minority Leaders; (3) salaries of specified officers, employees, and committees (including the Committee on Appropriations); (4) agency contributions for employee benefits; (5) inquiries and investigations; (6) the U.S. Senate Caucus on International Narcotics Control; (7) the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper (Sergeant at Arms) of the Senate; (8) miscellaneous items; (9) the Senators' Official Personnel and Office Expense Account; and (10) official mail costs.
(Sec. 2) Amends the Supplemental Appropriations Act, 1977 to increase from eight to nine the number of individual consultants the Majority and Minority Leaders may each appoint.
(Sec. 3) Amends Public Law 101-302 to extend through FY 2005 and each fiscal year thereafter the authorization of funds within the Senate contingent fund for expenses of the U.S. Senate Collection.
(Sec. 4) Amends the Legislative Appropriations Act, 2003 to extend the Office of the President Pro Tempore Emeritus of the Senate into the 109th Congress.
(Sec. 6) Amends the Supplemental Appropriations Act, 1987 to repeal the requirement that the Secretary of the Senate first receive approval of the Senate Appropriations Committee before transferring to the general expense allowance account certain funds made available for activities concerning foreign parliamentary groups or other visiting foreign officials. Requires only notice to such Committee.
(Sec. 7) Authorizes the payment of reasonable expenses in connection with sending or transporting official records and papers of a Senator from the District of Columbia to the Senator's State. Requires the Sergeant at Arms of the Senate to provide for the most economical means of sending or transporting such items.
(Sec. 8) Authorizes the Sergeant at Arms of the Senate to retain funds received as compensation for damage to, loss of, or loss of use of property of the Sergeant of Arms.
(Sec. 9) Amends the Legislative Reorganization Act of 1970 to increase the minimum age of Senate pages from 14 to 16.
(Sec. 10) States that the Office of the Sergeant of Arms of the Senate and any officer, employee, or agent of the Office shall not be treated as acquiring possession, custody, or control of electronic mail or other electronic communication, data, or information by reason of its being transmitted, processed, or stored (temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office.
Makes appropriations for the House of Representatives for FY 2005 for: (1) salaries and/or expenses of the House leadership offices, committees (including the Committee on Appropriations), officers and employees, and the Child Care Center; and (2) Members' representational allowances.
(Sec. 102) Establishes in the Treasury the Net Expenses of Telecommunications Revolving Fund to be used by the Chief Administrative Officer (CAO) of the House to purchase, lease, obtain, and maintain the data and voice telecommunications services and equipment of legislative branch offices.
Makes conforming amendments to the Legislative Branch Appropriations Act, 1989 and the Legislative Branch Appropriations Act, 2003.
(Sec. 103) Requires the CAO to enter into a contract on a competitive basis with a private entity for the management, operation, and maintenance of the exercise facility established for the use of House employees which is constructed with funds made available under this Act.
Requires user fees for the facility to be used to cover management, operation, and maintenance costs.
(Sec. 104) Declares the sense of the House to encourage House Members who use vehicles for official and representational travel to use hybrid electric and alternatively fueled vehicles whenever possible to help move the Nation toward the use of a hydrogen fuel cell vehicles and reduce our dependence on oil.
Makes FY 2005 appropriations for salaries and/or expenses of: (1) the Joint Economic and Taxation Committees; (2) the Office of the Attending Physician; (3) the Capitol Guide Service and Special Services Office; (4) the preparation of statements of appropriations for both the House and the Senate; and (5) the Capitol Police.
(Sec. 1002) Amends the Legislative Branch Appropriations Act, 2004 to: (1) authorize the Chief of the Capitol Police to hire individuals as Capitol Police officers for detail to the Library of Congress other than those submitted for hiring by the Librarian of Congress; (2) establish FY 2005 limits on the number of Capitol Police officers to be hired for Library of Congress duty; and (3) authorize the Chief to detail such individuals on a nonreimbursable basis.
(Sec. 1003) Requires any amounts received by the Capitol Police as compensation for damage to, loss of, or loss of use of property of the Capitol Police to be credited the Capitol Police general expenses account.
(Sec. 1004) Requires the Office of Personnel Management to provide for the participation of Capitol Police employees in the voluntary transfer of leave with employees of other agencies.
(Sec. 1005) Amends the Revised Statutes to: (1) give the Capitol Police Board (currently, the Sergeants at Arms of the House and of the Senate) authority for selecting Capitol Police uniforms; and (2) authorize Capitol Police officers to carry weapons not purchased with Capitol Police appropriations, both on and off Capitol grounds, as authorized by the Board.
(Sec. 1006) Authorizes the release of security information in the possession of the Capitol Police to other entities only if the Capitol Police Board has determined that such release will not compromise the security and safety of the Capitol building and grounds or any individuals whose protection and safety is under Capitol Police jurisdiction.
(Sec. 1007) Authorizes the Capitol Police to accept donations of animals for use in its canine or equine units.
(Sec. 1008) Authorizes the Chief of the Capitol Police to settle and pay claims for damages under the Federal Tort Claims Act (FTCA) and the Military Personnel and Civilian Employees' Claims Act, except that the Chairman of the Senate Committee on Rules and Administration must approve any proposed resolution of FTCA claims of Senators or employees whose pay is disbursed by the Secretary of the Senate.
(Sec. 1009) Authorizes the Capitol Police, subject to Board approval, to travel with and assist overseas congressional delegations in a security advisory and liaison role, including advance security liaison preparations for such travel.
Makes FY 2005 appropriations for: (1) salaries and/or expenses of the Office of Compliance; (2) the Congressional Budget Office; (3) the Architect of the Capitol, including for the care and operation of Capitol buildings and grounds, Senate and House office buildings, the Capitol power plant, Library of Congress buildings and grounds, Capitol Police buildings and grounds, the Botanic Garden (but not for construction of the National Garden); and (4) the Library of Congress for salaries and expenses, the Copyright Office, Congressional Research Service, and Books for the Blind and Physically Handicapped.
(Sec. 1102) Increases (from the FY 2004 level) the obligational authority of the Library for FY 2005 for reimbursable and revolving fund activities funded from sources other than appropriations.
(Sec. 1103) Amends the Miscellaneous Appropriations Act, 2001 to extend to March 31, 2010, the availability of funds for the National Digital Information Infrastructure and Preservation Program.
(Sec. 1104) Prohibits the use of funds appropriated by this Act for payment of fees charged by the Department of State for the construction of U.S. diplomatic facilities.
(Sec. 1105) Extends through FY 2005 authorizations for the National Film Preservation Board and the National Film Preservation Foundation.
Makes FY 2005 appropriations to the Government Printing Office (GPO) for: (1) congressional printing and binding (including transfer of funds); (2) the Office of Superintendent of Documents for salaries and expenses (including transfer of funds); and (3) the GPO revolving fund.
(Sec. 1301) Authorizes the Superintendent of Documents to determine discounts for sales copies of GPO publications.
Makes FY 2005 appropriations for the Government Accountability Office (GAO) for salaries and expenses.
(Sec. 1401) Requires heads of executive agencies and the Mayor of the District of Columbia to transmit to the Comptroller General copies of reports of violations of specified Federal laws limiting obligations, expenditures, and voluntary activities of officers and employees of those agencies or the District on the same date that such reports are transmitted to the President and Congress.
Makes FY 2005 appropriations for a payment to the Open World Leadership (OWL) Center Trust Fund.
(Sec. 1501) Amends the Legislative Branch Appropriations Act, 2001 to expand the list of participating eligible countries under the OWL program by authorizing the Board of Trustees of the OWL Center to designate additional countries, with prior notice to the Senate and House Appropriations Committees.
(Sec. 208) Makes legislative branch agency compliance with the General Services Administration's Governmentwide eTravel Service program discretionary, to be determined by each agency head.
(Sec. 209) Amends the Legislative Branch Appropriations Act, 2003 to remove the limitation to 100 percent of donated funds currently placed on appropriations to provide congressional recognition for excellence in arts education under the Congressional Award Act.
(Sec. 210) Transfers jurisdiction over certain parcels of Federal real property near the Japanese American Patriotism Memorial to the Architect of the Capitol, without consideration.
(Sec. 211) Makes FY 2005 appropriations for the Commission on the Abraham Lincoln Study Abroad Fellowship Program. Amends the Consolidated Appropriations Act, 2004 to extend the program through December 31, 2005.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4755 Reported in House (RH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Legislative Branch for the fiscal year ending
September 30, 2005, and for other purposes, namely:
TITLE I--LEGISLATIVE BRANCH
APPROPRIATIONS
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,044,281,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law, $18,678,000,
including: Office of the Speaker, $2,708,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,027,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $2,840,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,741,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$1,303,000, including $5,000 for official expenses of the Minority
Whip; Speaker's Office for Legislative Floor Activities, $470,000;
Republican Steering Committee, $881,000; Republican Conference,
$1,500,000; Democratic Steering and Policy Committee, $1,589,000;
Democratic Caucus, $792,000; nine minority employees, $1,409,000;
training and program development--majority, $290,000; training and
program development--minority, $290,000; Cloakroom Personnel--majority,
$419,000; and Cloakroom Personnel--minority, $419,000.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $521,195,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $114,299,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2006.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$24,926,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2006.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $160,133,000, including: for salaries and expenses
of the Office of the Clerk, including not more than $13,000, of which
not more than $10,000 is for the Family Room, for official
representation and reception expenses, $20,534,000; for salaries and
expenses of the Office of the Sergeant at Arms, including the position
of Superintendent of Garages, and including not more than $3,000 for
official representation and reception expenses, $5,879,000; for
salaries and expenses of the Office of the Chief Administrative
Officer, $116,034,000, of which $7,500,000 shall remain available until
expended; for salaries and expenses of the Office of the Inspector
General, $3,986,000; for salaries and expenses of the Office of
Emergency Planning, Preparedness and Operations, $1,000,000, to remain
available until expended; for salaries and expenses of the Office of
General Counsel, $962,000; for the Office of the Chaplain, $155,000;
for salaries and expenses of the Office of the Parliamentarian,
including the Parliamentarian and $2,000 for preparing the Digest of
Rules, $1,673,000; for salaries and expenses of the Office of the Law
Revision Counsel of the House, $2,346,000; for salaries and expenses of
the Office of the Legislative Counsel of the House, $6,721,000; for
salaries and expenses of the Office of Interparliamentary Affairs,
$687,000; and for other authorized employees, $156,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $205,050,000, including: supplies, materials, administrative costs
and Federal tort claims, $4,350,000; official mail for committees,
leadership offices, and administrative offices of the House, $410,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $199,600,000; and miscellaneous
items including purchase, exchange, maintenance, repair and operation
of House motor vehicles, interparliamentary receptions, and gratuities
to heirs of deceased employees of the House, $690,000.
Child Care Center
For salaries and expenses of the House of Representatives Child
Care Center, such amounts as are deposited in the account established
by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992
(2 U.S.C. 2112), subject to the level specified in the budget of the
Center, as submitted to the Committee on Appropriations of the House of
Representatives.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or To
Reduce the Federal Debt.--Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--Members' Representational
Allowances'' shall be available only for fiscal year 2005. Any amount
remaining after all payments are made under such allowances for fiscal
year 2005 shall be deposited in the Treasury and used for deficit
reduction (or, if there is no Federal budget deficit after all such
payments have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the
House of Representatives shall have authority to prescribe regulations
to carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
Sec. 102. Net Expenses of Telecommunications Revolving Fund. (a)
There is hereby established in the Treasury of the United States a
revolving fund for the House of Representatives to be known as the Net
Expenses of Telecommunications Revolving Fund (hereafter in this
section referred to as the ``Revolving Fund''), consisting of funds
deposited by the Chief Administrative Officer of the House of
Representatives from amounts provided by legislative branch offices to
purchase, lease, obtain, and maintain the data and voice
telecommunications services and equipment located in such offices.
(b) Amounts in the Revolving Fund shall be used by the Chief
Administrative Officer without fiscal year limitation to purchase,
lease, obtain, and maintain the data and voice telecommunications
services and equipment of legislative branch offices.
(c) The Revolving Fund shall be treated as a category of allowances
and expenses for purposes of section 101(a) of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 95b(a)).
(d) Section 306 of the Legislative Branch Appropriations Act, 1989
(2 U.S.C. 117f) is amended--
(1) by striking subsection (b) and redesignating subsection
(c) as subsection (b); and
(2) in subsection (b) (as so redesignated), by striking
``subsections (a) and (b)'' and inserting ``subsection (a)''.
(e) Section 102 of the Legislative Branch Appropriations Act, 2003
(2 U.S.C. 112g) is amended by adding at the end the following new
subsection:
``(e) This section shall not apply with respect to any
telecommunications equipment which is subject to coverage under section
103 of the Legislative Branch Appropriations Act, 2005 (relating to the
Net Expenses of Telecommunications Revolving Fund).''.
(f) This section and the amendments made by this section shall
apply with respect to fiscal year 2005 and each succeeding fiscal year,
except that for purposes of making deposits into the Revolving Fund
under subsection (a), the Chief Administrative Officer may deposit
amounts provided by legislative branch offices during fiscal year 2004
or any succeeding fiscal year.
Sec. 103. Contract For Exercise Facility. (a) In General.--The
Chief Administrative Officer of the House of Representatives shall
enter into a contract on a competitive basis with a private entity for
the management, operation, and maintenance of the exercise facility
established for the use of employees of the House of Representatives
which is constructed with funds made available under this Act.
(b) Use of Fees to Support Contract.--Any amounts paid as fees for
the use of the exercise facility described in subsection (a) shall be
used to cover costs incurred by the Chief Administrative Officer under
the contract entered into under this section or to otherwise support
the management, operation, and maintenance of the facility, and shall
remain available until expended.
Sec. 104. Sense of the House. It is the sense of the House of
Representatives that Members of the House who use vehicles in traveling
for official and representational purposes, including Members who lease
vehicles for which the lease payments are made using funds provided
under the Members' Representational Allowance, are encouraged to use
hybrid electric and alternatively fueled vehicles whenever possible, as
the use of these vehicles will help to move our Nation toward the use
of a hydrogen fuel cell vehicle and reduce our dependence on oil.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,139,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$8,433,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including: (1) an allowance of $2,175 per month to the Attending
Physician; (2) an allowance of $725 per month each to four medical
officers while on duty in the Office of the Attending Physician; (3) an
allowance of $725 per month to two assistants and $580 per month each
not to exceed 11 assistants on the basis heretofore provided for such
assistants; and (4) $1,680,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment assigned to the
Office of the Attending Physician, which shall be advanced and credited
to the applicable appropriation or appropriations from which such
salaries, allowances, and other expenses are payable and shall be
available for all the purposes thereof, $2,528,000, to be disbursed by
the Chief Administrative Officer of the House of Representatives.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and Special
Services Office, $3,844,000, to be disbursed by the Secretary of the
Senate: Provided, That no part of such amount may be used to employ
more than 58 individuals: Provided further, That the Capitol Guide
Board is authorized, during emergencies, to employ not more than two
additional individuals for not more than 120 days each, and not more
than 10 additional individuals for not more than 6 months each, for the
Capitol Guide Service.
Statements of Appropriations
For the preparation, under the direction of the Committees on
Appropriations of the Senate and the House of Representatives, of the
statements for the second session of the 108th Congress, showing
appropriations made, indefinite appropriations, and contracts
authorized, together with a chronological history of the regular
appropriations bills as required by law, $30,000, to be paid to the
persons designated by the chairmen of such committees to supervise the
work.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay differential, and Government contributions
for health, retirement, social security, professional liability
insurance, and other applicable 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, including 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
program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal 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 representation and reception expenses, $28,888,000, of which
$700,000 shall remain available until expended, to be disbursed 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
Security from funds available to the Department of Homeland Security.
Administrative Provisions
(including transfer of funds)
Sec. 1001. Transfer Authority. Amounts appropriated for fiscal year
2005 for the Capitol Police may be transferred between the headings
``salaries'' and ``general expenses'' upon the approval of the
Committees 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 enforcement 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 Representatives 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
authority 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, specialty assignment and
proficiency pay, and merit pay.
(2) The rate of cost-of-living adjustments, comparability
adjustments, and locality adjustments.
(3) The amount for recruitment and relocation bonuses.
(4) The amount for retention allowances.
(5) The amount for educational assistance payments.
(b) No Review or Appeal Permitted.--The determination 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 section may be construed
to affect--
(1) any authority provided under law for a committee 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 agreement.
(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 section may be
construed--
(1) to affect any authority relating to the payment of
claims under title 31, United States Code; or
(2) to affect the payment of any award or settlement 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 Jurisdiction. (a) Requirements For
Prior Notice and Approval.--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 Representatives and Senate of
the costs anticipated to be incurred with respect to the
deployment; and
(2) the Capitol Police Board gives prior approval to the
deployment.
(b) Exception For Certain Services.--Subsection (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 emergency.
(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 Capitol Police General
Counsel, in conjunction with the Capitol 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 Compliance, 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 payments 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 employee.
(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 individual 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 repayment 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 official 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, Senate 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
operation 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 September 30, 2009.
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 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 exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $5,932,000: Provided, That this
appropriation 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 implementation 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 contract entered into
under this subsection--
(A) shall be awarded on a competitive basis;
(B) shall include such terms and conditions as the
Architect of the Capitol deems necessary 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
buildings, the Supreme Court Building, and the other
facilities served by the Plant;
(C) shall be carried out in a manner consistent
with the implementation plan submitted under subsection
(b), as approved by the Committees on Appropriations of
the House of Representatives and Senate; and
(D) if the contract is a multiyear contract, shall
meet the requirements described in paragraph (3).
(3) Special rules for multiyear contract.--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 contract;
(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 businesses
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 termination and
cancellation costs. Amounts available for paying
termination and cancellation costs shall remain
available until the costs associated 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 entered
into under subsection (a) for the management 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 Architect to
ensure effective performance of the contractor,
including a description of the management systems the
Architect will use to monitor and oversee the
contractor's efforts, the anticipated performance
standards that the contractor will be measured against
(including the levels of plant capacity, efficiency of
fuel and deliveries of steam and chilled water, and
emission 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 adequate
levels of facility maintenance and staffing.
(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 coordinate 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 electrical power
generation system for the Plant.
(c) Rule of Construction.--Nothing in this section may be construed
to limit the authority of the Architect 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 custodial care of the Library buildings; special
clothing; cleaning, 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 Library of Congress Trust Fund Board not properly chargeable 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 development and maintenance of an international legal
information 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 obligation or expenditure in appropriations Acts:
Provided further, 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, newspapers, 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:
Provided further, That of the total amount appropriated, $250,000 shall
remain available until expended, and shall be transferred to the
Abraham Lincoln Bicentennial Commission for carrying out the purposes
of Public Law 106-173, of which $10,000 may be used for official
representation and reception expenses of the Abraham Lincoln
Bicentennial 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 available 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 remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2005 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any
funds derived from collections under such section, 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 certification 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 Annotated 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 (except the Digest of Public General
Bills), to be issued by the Library of Congress unless such publication
has obtained 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 certification of the Librarian of Congress, in
connection with official representation and reception expenses for the
incentive 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 subsection (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 Program and the
Federal Research Program established under section 103 of the Library
of Congress Fiscal Operations 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 reimburse the Library for any amounts
transferred to it before the period of availability of the Library
appropriation expires.
Sec. 1303. National Digital Information Infrastructure and
Preservation Program. The first proviso under the heading ``LIBRARY OF
CONGRESS--Salaries and Expenses'' in chapter 9 of division 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
Legislative Branch Appropriations Act, 2003, is amended--
(1) by striking ``other than money'' and inserting ``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 Capitol; expenses necessary for
preparing the semimonthly and session index to the Congressional
Record, as authorized by law (section 902 of title 44, United States
Code); printing and binding of Government publications authorized by
law to be distributed to Members of Congress; and printing, binding,
and distribution of Government publications authorized by law to be
distributed without charge to the recipient, $88,800,000: Provided,
That this appropriation shall not be available for paper copies of the
permanent edition of the Congressional Record for individual
Representatives, Resident Commissioners or Delegates authorized 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 appropriations for similar purposes for preceding
fiscal years: Provided further, That notwithstanding the 2-year
limitation 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 period
beginning on the date that such document, report, or publication is
authorized by Congress to be printed, unless 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 Printing 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 Documents necessary
to provide for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress, other
Government agencies, 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 disseminating 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 accounts for
similar purposes for preceding fiscal years may be transferred to the
Government Printing 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.
Government Printing Office Revolving Fund
The Government Printing Office may 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 revolving fund: Provided, 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 provisions 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 Superintendent 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 Appropriations of the
House of Representatives and Senate): Provided further, That activities
financed through the revolving fund may provide information in any
format: Provided further, That not more than $10,000 may be expended
from the revolving fund in support of the activities of the Benjamin
Franklin Tercentenary Commission established under the Benjamin
Franklin Tercentenary Commission Act (Public Law 107-202).
Administrative Provision
Sec. 1401. Discount Authority of Superintendent of Documents.
Section 1708 of title 44, United States Code, is amended by striking
``of not to exceed 25 percent may be allowed to book dealers and
quantity purchasers'' and inserting ``may be allowed as determined 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 Executive 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 countries, $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 expenses of any other department or
agency which is a member of the National Intergovernmental 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: 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 administrative expenses of any
other department 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 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 vehicles, 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 provided in this Act.
Sec. 203. Rates of Compensation and Designation. Whenever in this
Act any office or position not specifically 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
appropriated for is different from that specifically established by
such Act, the rate of compensation and the designation in this Act
shall be the permanent law with respect thereto: Provided, 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. 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 described in subsection (a) of section 415
of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to
pay awards and settlements as authorized under such subsection.
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 appropriate
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
determine) may not exceed $2,000.
Sec. 207. Landscape Maintenance. The Architect of the Capitol, in
consultation with the District of Columbia, 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 department, 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 appropriation 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 established 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 Payments. (a) Authority to
Offer Payments.--Notwithstanding 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 offered 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 employee'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 section 5595(c) of
title 5, United States Code, if the employee were
entitled to payment under such section (without
adjustment for any previous 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 employee who
voluntarily separates (whether by retirement 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 determining 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 separation; and
(6) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
(c) Plan.--
(1) Plan required for making payments.--No voluntary
separation incentive payment may be paid under this section
with respect to an office unless the head of the office submits
a plan described in paragraph (2) to each applicable Committee
described in paragraph (3), and each applicable Committee
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 incentives may be
paid.
(D) The number and amounts of voluntary separation
incentive payments to be offered.
(E) A description of how the office will operate
without the eliminated positions and functions.
(3) Applicable committee.--For purposes of this subsection,
the ``applicable Committee'' with respect 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 employee 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 employee (as defined in section 2107, United
States Code) who--
(A) is serving under an appointment without time
limitation; and
(B) has been currently employed for a continuous
period of at least 3 years.
(2) Exclusions.--An ``eligible employee'' does not include
any of the following:
(A) A reemployed annuitant under subchapter III of
chapter 83 or 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 subchapter III of chapter
83 or 84 of title 5, United States Code, or another
retirement system for employees of the Government.
(C) An employee who is in receipt of a decision
notice of involuntary separation for misconduct or
unacceptable performance.
(D) An employee who has previously received any
voluntary separation incentive payment from the Federal
Government under this section or any other authority.
(E) An employee covered by statutory reemployment
rights who is on transfer employment with another
organization.
(F) Any employee who--
(i) during the 36-month period preceding
the date of separation of that employee,
performed service for which a student 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 preceding
the date of separation of that employee,
performed service for which a recruitment 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 preceding
the date of separation of that employee,
performed service for which a retention bonus
was or is to be paid under section 5754 of such
title or any other authority.
(f) Repayment For Individuals Returning to Government Employment.--
(1) In general.--Subject to paragraph (2), an employee who
has received a voluntary separation incentive payment under
this section 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 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 Office of Personnel Management may, at the request of the
head of the agency, waive the repayment required under this
subsection if the individual involved 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 appointing official may
waive the repayment required under this subsection if the
individual involved possesses unique abilities and is the only
qualified applicant 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 involved possesses unique abilities and is
the only qualified applicant available for the position.
(3) Treatment of personal services contracts.--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 legislative branch during fiscal year 2005 or any
succeeding fiscal year to the extent that the aggregate amount of
compensation paid to the employee during the year (including base
salary, performance awards and other bonus payments, 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, design, plan, or otherwise further the
construction or consideration of a fence to enclose the perimeter of
the grounds of the United States Capitol.
This Act may be cited as the ``Legislative Branch Appropriations
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 for the fiscal year
ending September 30, 2005, and for other purposes.
_______________________________________________________________________
July 1, 2004
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
DEBATE - At the conclusion of debate on the Hefley amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hefley demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4755.
The previous question was ordered pursuant to the rule.
Mr. Sherman moved to recommit with instructions to Appropriations. (consideration: CR H5498-5500)
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Sherman motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment prohibiting the use of funds for postage expenses of any single committee in an aggregate amount exceeding $25,000.
The previous question was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 163 - 205 (Roll no. 361).
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Passed/agreed to in House: On passage Passed by the Yeas and Nays: 327 - 43 (Roll no. 362).
On passage Passed by the Yeas and Nays: 327 - 43 (Roll no. 362).
Roll Call #362 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on Appropriations.
Senate Committee on Appropriations discharged by Unanimous Consent.
Senate Committee on Appropriations discharged by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S9426)
Senate struck portions of the text of the bill and inserted the language of S. 2666 amended by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate in lieu of S. 2666 with amendments by Yea-Nay Vote. 94 - 2. Record Vote Number: 186.(text: CR 9/24/2004 S9674-9679)
Roll Call #186 (Senate)Passed Senate in lieu of S. 2666 with amendments by Yea-Nay Vote. 94 - 2. Record Vote Number: 186. (text: CR 9/24/2004 S9674-9679)
Roll Call #186 (Senate)Ordered held at desk. as if a House message pursuant to the order of September 15, 2004, .