[Congressional Record Volume 150, Number 96 (Tuesday, July 13, 2004)]
[House]
[Pages H5646-H5651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  OMISSION FROM THE CONGRESSIONAL RECORD OF MONDAY, JULY 12, 2004, AT 
                               PAGE H5494

  The CHAIRMAN: All time for general debate has expired.
  Pursuant to the rule, the bill is considered read for amendment under 
the 5-minute rule.
  The text of H.R. 4755 is as follows:

                               H.R. 4755

       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,

[[Page H5647]]

     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.

[[Page H5648]]

       (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

[[Page H5649]]

       (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.

[[Page H5650]]

       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

[[Page H5651]]

     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''.

  The CHAIRMAN. No amendment to the bill shall be in order except those 
printed in House Report 108-590. Each amendment may be offered only in 
the order printed in the report, may be offered only by a Member 
designated in the report, shall be considered read, debatable for the 
time specified in the report, equally divided and controlled by the 
proponent and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question.

                          ____________________