[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