[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4755 Referred in Senate (RFS)]

  2d Session
                                H. R. 4755


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2004

                                Received

                             July 14, 2004

       Read twice and referred to the Committee on Appropriations

_______________________________________________________________________

                                 AN ACT


 
 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''.

            Passed the House of Representatives July 12, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.