[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3754 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 30, 1996.
Resolved, That the bill from the House of Representatives (H.R.
3754) entitled ``An Act making appropriations for the Legislative
Branch for the fiscal year ending September 30, 1997, and for other
purposes'', do pass with the following
AMENDMENTS:
(1)Page 2, after line 5, insert:
SENATE
expense allowances
For expense allowances of the Vice President, $10,000; the
President Pro Tempore of the Senate, $10,000; Majority Leader of the
Senate, $10,000; Minority Leader of the Senate, $10,000; Majority Whip
of the Senate, $5,000; Minority Whip of the Senate, $5,000; and
Chairmen of the Majority and Minority Conference Committees, $3,000 for
each Chairman; in all, $56,000.
representation allowances for the majority and minority leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized
by law, including agency contributions, $74,615,000, which shall be
paid from this appropriation without regard to the below limitations,
as follows:
office of the vice president
For the Office of the Vice President, $1,513,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $325,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $2,195,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $1,156,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $996,000 for each such committee; in all, $1,992,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $384,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $965,000 for each such committee, in all, $1,930,000.
office of the chaplain
For Office of the Chaplain, $234,000.
office of the secretary
For Office of the Secretary, $12,714,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $34,037,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,135,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $17,000,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $3,447,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$936,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $3,000;
Sergeant at Arms and Doorkeeper of the Senate, $3,000; Secretary for
the Majority of the Senate, $3,000; Secretary for the Minority of the
Senate, $3,000; in all, $12,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted pursuant to section 134(a) of Public Law 601, Seventy-
ninth Congress, as amended, section 112 of Public Law 96-304 and Senate
Resolution 281, agreed to March 11, 1980, $69,561,000.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on International
Narcotics Control, $305,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$1,511,000.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper
of the Senate, $65,931,000.
miscellaneous items
For miscellaneous items, $6,791,000.
senator's official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$208,000,000.
stationery (revolving fund)
For stationery for the President of the Senate, $4,500, for
officers of the Senate and the Conference of the Majority and
Conference of the Minority of the Senate, $8,500; in all, $13,000.
official mail costs
For expenses necessary for official mail costs of the Senate,
$10,000,000, to remain available until September 30, 1998.
administrative provisions
Section 1. Section 195(a) of chapter IX of title I of the
Supplemental Appropriations Act, 1985 (Public Law 99-88; 2 U.S.C. 61g-
7(a)) is amended by striking the period at the end and inserting ``or
with respect to the administration of the affairs of the committee.''.
Sec. 2. Section 105(d)(1) of chapter VI of title I of the Second
Supplemental Appropriations Act, 1978 (Public Law 95-355; 2 U.S.C.
43d(d)(1)) is amended by striking ``and telephone services'' and
inserting ``, telephone services, and stationery''.
Sec. 3. Section 3(f)(1) under the heading ``administrative
provisions'' in the appropriation for the Senate in the Legislative
Branch Appropriation Act, 1975 (2 U.S.C. 59(e)(1)) is amended in the
second sentence by striking ``one year'' and inserting ``3 years''.
Sec. 4. (a) Section 5 under the heading ``administrative
provisions'' in the appropriation for the Senate in the Legislative
Branch Appropriations Act, 1996 (2 U.S.C. 58a note) is amended--
(1) in subsection (a), by striking ``by the Sergeant at
Arms and Doorkeeper of the Senate''; and
(2) by striking subsection (b) and inserting the following:
``(b) As used in subsection (a), the term `user' means a Senator,
an Officer of the Senate, and any office, committee, or other entity
the funds of which are disbursed by the Secretary of the Senate.''.
(b) The amendments made by subsection (a) shall take effect on
October 1, 1996, and shall apply to all payments made on or after such
date for local and long distance telecommunications service.
Sec. 5. (a) The Sergeant at Arms and Doorkeeper of the Senate may
directly, or through the General Services Administration, transfer
title to excess or surplus educationally useful equipment to a public
school. Any such transfer shall be completed at the lowest possible
cost to the public school and the Senate.
(b) The Committee on Rules and Administration of the Senate shall
prescribe regulations to carry out the provisions of this section.
(c) Receipts from reimbursements for the costs of transfer of
excess or surplus educationally useful equipment under this section,
shall be deposited in the United States Treasury for credit to the
account for the ``Sergeant at Arms and Doorkeeper of the Senate''
within the contingent fund of the Senate.
(d) For the purposes of this section:
(1) The term ``public school'' means a public elementary or
secondary school as such terms are defined in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(2) The term ``educationally useful equipment'' means
computers and related peripheral tools, including printers,
modems, routers, servers, computer keyboards, scanners, and
other telecommunications and research equipment, that are
appropriate for use in public school education.
(e) This section shall take effect beginning with fiscal year 1997
and shall be effective each fiscal year thereafter.
Sec. 6. (a) Notwithstanding section 1345 of title 31, United States
Code, the Secretary of the Senate may reimburse any individual employed
by the Senate day care center for the cost of training classes and
conferences in connection with the provision of child care services and
for travel, transportation, and subsistence expenses incurred in
connection with the training classes and conferences.
(b) The Senate day care center shall certify and provide
appropriate documentation to the Secretary of the Senate with respect
to any reimbursement under this section. Reimbursements under this
section shall be made from the appropriations account ``MISCELLANEOUS
ITEMS'' within the contingent fund of the Senate on vouchers approved
by the Secretary of the Senate.
(c) Reimbursements under this section shall be subject to the
regulations and limitations prescribed by the Committee on Rules and
Administration of the Senate for travel and related expenses for which
payment is authorized to be made from the contingent fund of the
Senate.
(d) This section shall be effective on and after October 1, 1996.
Sec. 7. Notwithstanding any other provision of law, any funds
received during fiscal year 1996 by the Sergeant at Arms and Doorkeeper
of the Senate in settlement of a contract claim or dispute, but not to
exceed $1,450,000, shall be deposited into the appropriation account
for fiscal year 1997 for the Sergeant at Arms and Doorkeeper of the
Senate within the contingent fund of the Senate and shall be available
in a like manner and for the same purposes as are the other funds in
that account.
Sec. 8. (a) The Secretary of the Senate, with the oversight and
approval of the Committee on Rules and Administration of the Senate,
shall oversee the development and implementation of a comprehensive
Senate legislative information system.
(b) In carrying out this section, the Secretary of the Senate shall
consult and work with officers and employees of the House of
Representatives. Legislative branch agencies and departments and
agencies of the executive branch shall provide cooperation,
consultation, and assistance as requested by the Secretary of the
Senate to carry out this section.
(c) Any funds that were appropriated under the heading ``Secretary
of the Senate'' for expenses of the Office of the Secretary of the
Senate by the Legislative Branch Appropriations Act, 1995, to remain
available until September 30, 1998, and that the Secretary determines
are not needed for development of a financial management system for the
Senate may, with the approval of the Committee on Appropriations of the
Senate, be used to carry out the provisions of this section, and such
funds shall be available through September 30, 2000.
(d) The Committee on Rules and Administration of the Senate may
prescribe such regulations as may be necessary to carry out the
provisions of this section.
(e) This section shall be effective for fiscal years beginning on
or after October 1, 1996.
Sec. 9. Payment for Unaccrued Leave.--
(a) In General.--The Financial Clerk of the Senate is
authorized to accept from an individual whose pay is disbursed
by the Secretary of Senate a payment representing pay for any
period of unaccrued annual leave used by that individual, as
certified by the head of the employing office of the individual
making the payment.
(b) Withholding.--The Financial Clerk of the Senate is
authorized to withhold the amount referred to in subsection (a)
from any amount which is disbursed by the Secretary of the
Senate and which is due to or on behalf of the individual
described in subsection (a).
(c) Deposit.--Any payment accepted under this section shall
be deposited in the general fund of the Treasury as
miscellaneous receipts.
(d) Definition.--As used in this section, the term ``head
of the employing office'' means any person with the final
authority to appoint, hire, discharge, and set the terms,
conditions, or privileges of the employment of an individual
whose pay is disbursed by the Secretary of the Senate.
(e) Applicability.--This section shall apply to fiscal year
1996 and each fiscal year thereafter.
(2)Page 7, strike out lines 10 through 18 and insert:
For construction of platform and seating stands and for salaries
and expenses of conducting the inaugural ceremonies of the President
and Vice President of the United States, January 20, 1997, in
accordance with such program as may be adopted by the joint committee
authorized by Senate Concurrent Resolution 47, One Hundred Fourth
Congress, agreed to March 20, 1996, and Senate Concurrent Resolution
48, One Hundred Fourth Congress, agreed to March 20, 1996, $950,000 to
be disbursed by the Secretary of the Senate and to remain available
until September 30, 1997. Such funds shall be available for payment, on
a direct or reimbursable basis, whether incurred on, before, or after,
October 1, 1996: Provided, That the compensation of any employee of the
Committee on Rules and Administration of the Senate who has been
designated to perform service for the Joint Congressional Committee on
Inaugural Ceremonies shall continue to be paid by the Committee on
Rules and Administration, but the account from which such staff member
is paid may be reimbursed for the services of the staff member
(including agency contributions when appropriate) out of funds made
available under this heading.
(3)Page 7, line 21, strike out [$3,000,000] and insert: $750,000
(4)Page 9, line 12, strike out [$68,392,000] and insert: $70,132,000
(5)Page 9, line 12, strike out [$32,927,000] and insert: $34,213,000
(6)Page 9, line 15, strike out [$35,465,000] and insert: $35,919,000
(7)Page 10, line 15, strike out [$2,685,000] and insert: $2,880,000
(8)Page 12, line 25, strike out [$24,288,000] and insert: $24,775,000
(9)Page 15, line 3, strike out [$23,255,000] and insert: $23,555,000
(10)Page 15, after line 9, insert:
senate office buildings
For all necessary expenses for maintenance, care and operation of
Senate Office Buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$39,640,000, of which $3,200,000 shall remain available until expended.
(11)Page 18, line 24, strike out [$215,007,000] and insert:
$216,007,000
(12)Page 19, line 17, after ``collections'' insert: : Provided further,
That of the total amount appropriated, $928,800 shall be for the
operation and maintenance of the American Folklife Center in the
Library
(13)Page 23, strike out all after line 22 over to and including line 10
on page 24
(14)Page 26, after line 15, insert:
Sec. 210. Section 8 of the American Folklife Preservation Act (20
U.S.C. 2107) is amended to read as follows:
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Center to carry
out this Act such sums as may be necessary for each of the fiscal years
1997 and 1998.''.
(15)Page 26, line 21, strike out [$9,003,000] and insert: $10,453,000
(16)Page 26, line 21, strike out [$560,000] and insert: $1,910,000
(17)Page 38, strike out after line 21 over to and including line 14 on
page 40
(18)Page 40, after line 14 insert:
Sec. 312. (a) Section 203(a)(3) of Public Law 104-1 (2 U.S.C.
1313(a)(3)) is amended by inserting ``and in subsection (c)(4)'' after
``(c)(3)''.
(b) Section 203(c) of Public Law 104-1 (2 U.S.C. 1313(c)) is
amended by adding at the end the following paragraph:
``(4) Law enforcement.--Law enforcement personnel of the
Capitol Police who are subject to the exemption under section
7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k))
may elect to receive compensatory time off in lieu of overtime
compensation for hours worked in excess of the maximum for
their work period.''.
(19)Page 40, after line 14 insert:
Sec. 313. Section 316 of Public Law 101-302 is amended in the first
sentence of subsection (a) by striking ``1996'' and inserting ``1997''.
(20)Page 40, after line 14 insert:
Sec. 314. The Government Printing Office shall be considered an
agency for the purposes of the election in section 801(b)(2)(B) of the
National Energy Conservation Policy Act and the Public Printer shall be
considered the head of the agency for purposes of subsection (b)(2)(C)
of such section.
(21)Page 40, after line 14 insert:
Sec. 315. (a) Upon enactment into law of this Act, the Library of
Congress, under the direction of the Committee on House Oversight of
the House of Representatives and the Committee on Rules and
Administration of the Senate, and in consultation with the heads of the
appropriate offices and agencies of the legislative branch, shall
develop a program for providing the widest possible exchange of
information among legislative branch agencies with the long range goal
of improving technology planning, evaluation, development, and
management among legislative branch organizations. The plan for this
program shall be subject to joint approval of the Committee on House
Oversight of the House of Representatives and the Committee on Rules
and Administration of the Senate, and, upon approval, shall be
communicated to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the Senate. All
of the appropriate offices and agencies of the legislative branch as
defined below shall participate in this program for information
exchange, and shall report annually on the extent and nature of their
participation in their budget submissions to the Committee on
Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate.
(b) As used in this section--
(1) the term ``offices and agencies of the legislative
branch'' means, the office of the Clerk of the House, the
office of the Secretary of the Senate, the office of the
Architect of the Capitol, the General Accounting Office, the
Government Printing Office, the Library of Congress, the
Congressional Research Service, the Congressional Budget
Office, the Chief Administrative Officer of the House of
Representatives, and the Sergeant at Arms of the Senate; and
(2) the term ``technology'' refers to any form of computer
hardware and software; computer-based systems, services, and
support for the creation, processing, exchange, and delivery of
information; and telecommunications systems, and the associated
hardware and software, that provide for voice, data, or image
communication.
(22)Page 40, after line 14 insert:
prohibitions against political recommendations relating to federal
employment
Sec. 316. (a) In General.--Section 3303 of title 5, United States
Code, is amended to read as follows:
``Sec. 3303. Competitive service; recommendations of Senators or
Representatives
``An individual concerned in examining an applicant for or
appointing him in the competitive service may not receive or consider a
recommendation of the applicant by a Senator or Representative, except
as to the character or residence of the applicant.''.
(b) Technical and Conforming Amendments.--(1) The table of sections
for chapter 33 of title 5, United States Code, is amended by amending
the item relating to section 3303 to read as follows:
``3303. Competitive service; recommendations of Senators or
Representatives.''.
(2) Section 2302(b)(2) of title 5, United States Code, is amended
to read as follows:
``(2) solicit or consider any recommendation or statement,
oral or written, with respect to any individual who requests or
is under consideration for any personnel action unless such
recommendation or statement is based on the personal knowledge
or records of the person furnishing it and consists of--
``(A) an evaluation of the work performance,
ability, aptitude, or general qualifications of such
individual; or
``(B) an evaluation of the character, loyalty, or
suitability of such individual;''.
(c) Effective Date.--This section shall take effect 30 days after
the date of the enactment of this Act.
(23)Page 40, after line 14 insert:
Sec. 317. (a) The Congressional Research Service, in consultation
with the Secretary of the Senate and the heads of the appropriate
offices and agencies of the legislative branch and with the approval of
the Committee on Rules and Administration of the Senate, shall
coordinate the development of an electronic congressional legislative
information and document retrieval system to provide for the
legislative information needs of the Senate through the exchange and
retrieval of information and documents among legislative branch offices
and agencies. The Secretary of the Senate, with the oversight and
approval of the Committee on Rules and Administration of the Senate,
shall have responsibility for the implementation of this system in the
Senate. All of the appropriate offices and agencies of the legislative
branch shall participate in the implementation of the system.
(b) As used in this section--
(1) the term ``legislative information'' refers to that
information and those documents produced for the use of the
Congress by the offices and agencies of the legislative branch
as defined in this section, and such other information and
documents as approved by the Committee on Rules and
Administration of the Senate;
(2) the term ``offices and agencies of the legislative
branch'' means the Office of the Secretary of the Senate, the
Office of Legislative Counsel of the Senate, the Office of the
Architect of the Capitol, the General Accounting Office, the
Government Printing Office, the Library of Congress, the
Congressional Budget Office, and the Sergeant at Arms of the
Senate; and
(3) the term ``retrieval system'' means the indexing of
documents and data, as well as integrating, searching, linking,
and displaying documents and data.
(c) The Library of Congress shall--
(1) assist the Congressional Research Service in supporting
the Senate in carrying out this section; and
(2) provide such technical staff and resources as may be
necessary to carry out this section.
(24)Page 40, after line 14 insert:
Sec. 318. (a) Section 207(e)(1)(A) of title 18, United States Code,
is amended by striking ``1 year'' and inserting ``2 years''.
(b) Paragraphs (2)(A), (3), and (4)(A) of section 207(e) of title
18, United States Code, are amended by striking ``within 1 year after''
and inserting ``within 5 years after''.
(25)Page 40, after line 14 insert:
SEC. 319. LIMITATION ON EXCLUSIVE COPYRIGHTS FOR LITERARY WORKS IN
SPECIALIZED FORMAT FOR THE BLIND AND DISABLED.
(a) In General.--Chapter 1 of title 17, United States Code, is
amended by adding after section 120 the following new section:
``Sec. 121. Limitations on exclusive rights: reproduction for blind or
other people with disabilities
``(a) Notwithstanding the provisions of sections 106 and 710, it is
not an infringement of copyright for an authorized entity to reproduce
or to distribute copies or phonorecords of a previously published,
nondramatic literary work if such copies or phonorecords are reproduced
or distributed in specialized formats exclusively for use by blind or
other persons with disabilities.
``(b)(1) Copies or phonorecords to which this section applies
shall--
``(A) not be reproduced or distributed in a format other
than a specialized format exclusively for use by blind or other
persons with disabilities;
``(B) bear a notice that any further reproduction or
distribution in a format other than a specialized format is an
infringement; and
``(C) include a copyright notice identifying the copyright
owner and the date of the original publication.
``(2) The provisions of this subsection shall not apply to
standardized, secure, or norm-referenced tests and related testing
material, or to computer programs, except the portions thereof that are
in conventional human language (including descriptions of pictorial
works) and displayed to users in the ordinary course of using the
computer programs.
``(c) For purposes of this section, the term--
``(1) `authorized entity' means a nonprofit organization or
a governmental agency that has a primary mission to provide
specialized services relating to training, education, or
adaptive reading or information access needs of blind or other
persons with disabilities;
``(2) `blind or other persons with disabilities' means
individuals who are eligible or who may qualify in accordance
with the Act entitled ``An Act to provide books for the adult
blind'', approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487)
to receive books and other publications produced in specialized
formats; and
``(3) `specialized formats' means braille, audio, or
digital text which is exclusively for use by blind or other
persons with disabilities.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 17, United States Code, is amended by adding after
the item relating to section 120 the following:
``121. Limitations on exclusive rights: reproduction for blind or other
people with disabilities.''.
Attest:
Secretary.
104th CONGRESS
1st Session
H. R. 3754
_______________________________________________________________________
AMENDMENTS
HR 3754 EAS----2
HR 3754 EAS----3
HR 3754 EAS----4
HR 3754 EAS----5