[105th Congress Public Law 55]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ55.105]
[[Page 111 STAT. 1177]]
Public Law 105-55
105th Congress
An Act
<<NOTE: Oct. 7, 1997 - [H.R. 2209]>> Making appropriations for the
Legislative Branch for the fiscal year ending
September 30, 1998, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Legislative
Branch Appropriations Act, 1998.>> 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, 1998, and for other purposes, namely:
<<NOTE: Congressional Operations Appropriations Act, 1998. 2 USC 60a
note.>> TITLE I--CONGRESSIONAL OPERATIONS
SENATE
expense allowances
For expense allowances of the Vice President, $10,000; the President
pro tempore of the Senate, $10,000; Majority Leader of the Senate,
$10,000; Minority Leader of the Senate, $10,000; Majority Whip of the
Senate, $5,000; Minority Whip of the Senate, $5,000; and Chairmen of the
Majority and Minority Conference Committees, $3,000 for each Chairman;
in all, $56,000.
representation allowances for the majority and minority leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $77,254,000, which shall be paid
from this appropriation without regard to the below limitations, as
follows:
office of the vice president
For the Office of the Vice President, $1,612,000.
office of the president pro tempore
For the Office of the President pro tempore, $371,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $2,388,000.
[[Page 111 STAT. 1178]]
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $1,221,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,061,000 for each such committee; in all, $2,122,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $409,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,077,500 for each such committee; in all,
$2,155,000.
office of the chaplain
For Office of the Chaplain, $260,000.
office of the secretary
For Office of the Secretary, $13,306,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $33,037,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,165,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $19,208,000.
office of the legislative counsel of the senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $3,605,000.
office of senate legal counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$966,000.
[[Page 111 STAT. 1179]]
Expense Allowances of the Secretary of the Senate,
Sergeant at Arms and Doorkeeper of the Senate, and
Secretaries for the Majority and Minority of the Senate
For expense allowances of the Secretary of the Senate, $3,000;
Sergeant at Arms and Doorkeeper of the Senate, $3,000; Secretary for the
Majority of the Senate, $3,000; Secretary for the Minority of the
Senate, $3,000; in all, $12,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth
Congress, as amended, section 112 of Public Law 96-304 and Senate
Resolution 281, agreed to March 11, 1980, $75,600,000.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on International
Narcotics Control, $370,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$1,511,000.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $64,833,000, of which $7,000,000 shall remain available
until September 30, 1999.
miscellaneous items
For miscellaneous items, $7,905,000.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$228,600,000.
stationery (revolving fund)
For stationery for the President of the Senate, $4,500, for officers
of the Senate and the Conference of the Majority and Conference of the
Minority of the Senate, $8,500; in all, $13,000.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000, to remain available until September 30, 1999.
administrative provisions
<<NOTE: Contracts. 2 USC 68e.>> Section 1. (a) For fiscal year 1998,
and each fiscal year thereafter, the Secretary of the Senate is
authorized to make advance
[[Page 111 STAT. 1180]]
payments under a contract or other agreement to provide a service or
deliver an article for the United States Government without regard to
the provisions of section 3324 of title 31, United States Code.
<<NOTE: Regulations.>> (b) An advance payment authorized by
subsection (a) shall be made in accordance with regulations issued by
the Committee on Rules and Administration of the Senate.
(c) The authority granted by subsection (a) shall not take effect
until regulations are issued pursuant to subsection (b).
<<NOTE: 2 USC 31a-2c.>> Sec. 2. (a) Upon the written request of the
Majority or Minority Whip of the Senate, the Secretary of the Senate
shall transfer during any fiscal year, from the appropriations account
appropriated under the headings ``Salaries, Officers and Employees'' and
``offices of the majority and minority whips'', such amount as either
whip shall specify to the appropriations account, within the contingent
fund of the Senate, ``miscellaneous items''.
(b) The Majority and Minority Whips of the Senate are each
authorized to incur such expenses as may be necessary or appropriate.
Expenses incurred by either such whip shall be paid from the amount
transferred pursuant to subsection (a) by such whip and upon vouchers
approved by such whip.
(c) The Secretary of the Senate is authorized to advance such sums
as may be necessary to defray expenses incurred in carrying out
subsections (a) and (b).
<<NOTE: Effective date.>> Sec. 3. (a) Effective in the case of any
fiscal year which begins on or after October 1, 1997, clause (iii) of
paragraph (3)(A) of section 506(b) of the Supplemental Appropriations
Act, 1973 (2 U.S.C. 58(b)) is amended to read as follows:
``(iii) subject to subparagraph (B), in case the Senator
represents Alabama, $182,567, Alaska, $251,901, Arizona,
$197,079, Arkansas, $168,282, California, $468,724, Colorado,
$186,350, Connecticut, $160,903, Delaware, $127,198, Florida,
$299,746, Georgia, $210,214, Hawaii, $279,512, Idaho, $163,335,
Illinois, $266,248, Indiana, $194,770, Iowa, $170,565, Kansas,
$168,177, Kentucky, $177,338, Louisiana, $185,647, Maine,
$147,746, Maryland, $173,020, Massachusetts, $195,799, Michigan,
$236,459, Minnesota, $187,702, Mississippi, $168,103, Missouri,
$197,941, Montana, $161,725, Nebraska, $160,361, Nevada,
$171,096, New Hampshire, $142,394, New Jersey, $206,260, New
Mexico, $166,140, New York, $327,955, North Carolina, $210,946,
North Dakota, $149,824, Ohio, $259,452, Oklahoma, $181,761,
Oregon, $189,345, Pennsylvania, $266,148, Rhode Island,
$138,582, South Carolina, $170,451, South Dakota, $151,450,
Tennessee, $191,954, Texas, $348,681, Utah, $168,632, Vermont,
$135,925, Virginia, $193,467, Washington, $214,694, West
Virginia, $147,772, Wisconsin, $191,569, Wyoming, $152,438,
plus''.
(b) Subsection (a) of the first section of Public Law 100-137 (2
U.S.C. 58c) is amended by adding at the end the following:
<<NOTE: Effective date.>> ``(6) Effective on and after October 1,
1997, the Senators' Account shall be available for the payment of
franked mail expenses of Senators.''.
<<NOTE: 2 USC 58c-1.>> (c)(1) Section 12 of Public Law 101-520 is
repealed.
<<NOTE: Effective date. 2 USC 58c-1 note. 2 USC 58c note.>> (2) The
amendment made by paragraph (1) shall be effective on and after October
1, 1997.
(d) Nothing in this section affects the authority of the Committee
on Rules and Administration of the Senate to prescribe
[[Page 111 STAT. 1181]]
regulations relating to the frank by Senators and officers of the
Senate.
Sec. 4. (a) The aggregate amount authorized by Senate Resolution 54,
agreed to February 13, 1997, is increased--
(1) by $401,635 for the period March 1, 1997, through
September 30, 1998, and
(2) by $994,150 for the period March 1, 1998, through
February 28, 1999.
<<NOTE: Effective date.>> (b) This section is effective on and after
October 1, 1997.
<<NOTE: Effective date. 2 USC 61-1.>> Sec. 5. Effective on and after
October 1, 1997, each of the dollar amounts contained in the table under
section 105(d)(1) of the Legislative Branch Appropriations Act, 1968 (2
U.S.C. 61-1) shall be deemed to be the dollar amounts in that table on
December 31, 1995, increased by 2 percent on January 1, 1996, and by 2.3
percent on January 1, 1997.
Sec. 6. (a) The aggregate amount authorized by Senate Resolution 54,
agreed to February 13, 1997, is increased--
(1) by $125,000 for the period March 1, 1997, through
September 30, 1998; and
(2) by $175,000 for the period March 1, 1998, through
February 28, 1999.
<<NOTE: 2 USC 72d.>> (b) Funds in the account, within the contingent
fund of the Senate, available for the expenses of inquiries and
investigations shall be available for franked mail expenses incurred by
committees of the Senate the other expenses of which are paid from that
account.
<<NOTE: Effective date. 2 USC 72d note.>> (c) This section is
effective for fiscal years beginning on and after October 1, 1997.
Sec. 7. Section 1101 of Public Law 85-58 (2 U.S.C. 46a-1) is amended
by adding at the end the following: ``Disbursements from the fund shall
be made upon vouchers approved by the
Secretary of the Senate, or his designee.''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$708,738,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law, $12,293,000,
including: Office of the Speaker, $1,590,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$1,626,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $1,652,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,024,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $998,000,
including $5,000 for official expenses of the Minority Whip; Speaker's
Office for Legislative Floor Activities, $397,000; Republican Steering
Committee, $736,000; Republican Conference, $1,172,000; Democratic
Steering and Policy Committee, $1,277,000; Democratic Caucus, $631,000;
and nine minority employees, $1,190,000.
[[Page 111 STAT. 1182]]
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, $379,789,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $86,268,000: Provided, That
such amount (together with any amounts appropriated for such salaries
and expenses for fiscal year 1997) shall remain available for such
salaries and expenses until December 31, 1998.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$18,276,000, 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 (together with any amounts
appropriated for such salaries and expenses for fiscal year 1997) shall
remain available for such salaries and expenses until December 31, 1998.
salaries, officers and employees
For compensation and expenses of officers and employees, as
authorized by law, $84,356,000, including: for salaries and expenses of
the Office of the Clerk, including not more than $3,500, of which not
more than $2,500 is for the Family Room, for official representation and
reception expenses, $16,804,000; for salaries and expenses of the Office
of the Sergeant at Arms, including the position of Superintendent of
Garages, and including not more than $750 for official representation
and reception expenses, $3,564,000; for salaries and expenses of the
Office of the Chief Administrative Officer, $50,727,000, including
$27,247,000 for salaries, expenses and temporary personal services of
House Information Resources, of which $23,210,000 is provided herein:
Provided, That of the amount provided for House Information Resources,
$8,253,000 shall be for net expenses of telecommunications: Provided
further, That House Information Resources is authorized to receive
reimbursement from Members of the House of Representatives and other
governmental entities for services provided and such reimbursement shall
be deposited in the Treasury for credit to this account; for salaries
and expenses of the Office of the Inspector General, $3,808,000, of
which $1,000 shall be for the release of the Inspector General's Report
on Management and Financial Irregularities--Office of the Chief
Administrative Office: Provided further, That all names of persons
making favorable or unfavorable statements in the report shall be
expunged; for the Office of the Chaplain, $133,000; for salaries and
expenses of the Office of the Parliamentarian, including the
Parliamentarian and
[[Page 111 STAT. 1183]]
$2,000 for preparing the Digest of Rules, $1,101,000; for salaries and
expenses of the Office of the Law Revision Counsel of the House,
$1,821,000; for salaries and expenses of the Office of the Legislative
Counsel of the House, $4,827,000; for salaries and expenses of the
Corrections Calendar Office, $791,000; and for other authorized
employees, $780,000.
allowances and expenses
For allowances and expenses as authorized by House resolution or
law, $127,756,000, including: supplies, materials, administrative costs
and Federal tort claims, $2,225,000; official mail for committees,
leadership offices, and administrative offices of the House, $500,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $124,390,000; 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, $641,000.
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 (40
U.S.C. 184g(d)(1)), 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
<<NOTE: 2 USC 74d, 74d-1, 74d-2.>> Sec. 101. The provisions of House
Resolution 7, One Hundred Fifth Congress, agreed to January 7, 1997,
establishing the Corrections Calendar Office, shall be the permanent law
with respect thereto. The provisions of House Resolution 130, One
Hundred Fifth Congress, agreed to April 24, 1997, providing a lump sum
allowance for the Corrections Calendar Office, shall be the permanent
law with respect thereto.
<<NOTE: 2 USC 95b note.>> Sec. 102. The funds and accounts specified
in section 107(b) of the Legislative Branch Appropriations Act, 1996 (2
U.S.C. 123b note) shall be treated as categories of allowances and
expenses for purposes of section 101(a) of the Legislative Branch
Appropriations Act, 1993 (2 U.S.C. 95b(a)).
Sec. 103. (a) Section 109(a) of the Legislative Branch
Appropriations Act, 1996 (2 U.S.C. 60o(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``who
is separated from employment,'';
(2) in the matter preceding paragraph (1), by striking
``employee'' the second place it appears and inserting
``employee or for any other purpose''; and
(3) in paragraph (1)(B), by striking ``the amount'' and
inserting ``in the case of a lump sum payment for the accrued
annual leave of the employee, the amount''.
<<NOTE: Applicability. 2 USC 60o note.>> (b) The amendments made by
subsection (a) shall apply to fiscal years beginning on or after October
1, 1997.
Sec. 104. (a) Section 104(c)(2) of the House of Representatives
Administrative Reform Technical Corrections Act (2 U.S.C. 92(c)(2)) is
amended by striking ``in the District of Columbia''.
[[Page 111 STAT. 1184]]
<<NOTE: Applicability. 2 USC 92 note.>> (b) The amendment made by
subsection (a) shall apply with respect to fiscal years beginning on or
after October 1, 1997.
Sec. 105. (a) Section 204(11)(A) of the House of Representatives
Administrative Reform Technical Corrections Act <<NOTE: 2 USC 72a.>>
(110 Stat. 1731) is amended by striking out ``through `respective
Houses' and'' and inserting in lieu thereof the following: ``through
`respective Houses' the second place it appears and''.
<<NOTE: Effective date. 2 USC 72a note.>> (b) The amendment made by
subsection (a) shall take effect as of August 20, 1996.
Sec. 106. Section 104(a) of the Legislative Branch Appropriations
Act, 1987 (as incorporated by reference in section 101(j) of Public Law
99-500 and Public Law 99-591) (2 U.S.C. 117e) is amended--
(1) in the second sentence of paragraph (2), by striking ``A
donation'' and inserting ``Except as provided in paragraph (3),
a donation'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) In the case of computer-related equipment, during fiscal
year 1998 the Chief Administrative Officer may donate directly the
equipment to a public elementary or secondary school of the District of
Columbia without regard to whether the donation meets the requirements
of the second sentence of paragraph (2), except that the total number of
workstations donated as a result of this paragraph may not exceed 1,000.
``(B) In this paragraph--
``(i) the term `computer-related equipment' includes
desktops, laptops, printers, file servers, and peripherals which
are appropriate for use in public school education;
``(ii) the terms `public elementary school' and `public
secondary school' have the meaning given such terms in section
14101 of the Elementary and Secondary Education Act of 1965; and
``(iii) the term `workstation' includes desktops and
peripherals, file servers and peripherals, laptops and
peripherals,
printers and peripherals, and workstations and peripherals.
<<NOTE: Regulations.>> ``(C) The Committee on House Oversight shall
have authority to issue regulations to carry out this paragraph.''.
Sec. 107. Title 5, United States Code, is amended by striking ``the
Speaker of the House of Representatives'' each place it appears in
sections 5532(i)(2)(B), 5532(i)(3), 8344(k)(2)(B), 8344(k)(3),
8468(h)(2)(B), and 8468(h)(3) and inserting ``the Committee on House
Oversight of the House of Representatives''.
<<NOTE: Contracts. 2 USC 95c.>> Sec. 108. (a) For fiscal year 1998
and each succeeding fiscal year, the Chief Administrative Officer of the
House of Representatives is authorized to make advance payments under a
contract or other agreement to provide a service or deliver an article
for the United States Government without regard to the provisions of
section 3324 of title 31, United States Code.
<<NOTE: Regulations.>> (b) An advance payment authorized by
subsection (a) shall be made in accordance with regulations issued by
the Committee on House Oversight of the House of Representatives.
(c) The authority granted by subsection (a) shall not take effect
until regulations are issued pursuant to subsection (b).
<<NOTE: 2 USC 95d.>> Sec. 109. (a) There is hereby established an
account in the House of Representatives for purposes of making payments
of the
[[Page 111 STAT. 1185]]
House of Representatives to the Employees' Compensation Fund under
section 8147 of title 5, United States Code.
(b) Notwithstanding any other provision of law, payments may be made
from the account established under subsection (a) at any time after the
date of the enactment of this Act without regard to the fiscal year for
which the obligation to make such payments is incurred.
(c) The account established under subsection (a) 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)).
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$2,750,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Printing
For salaries and expenses of the Joint Committee on Printing,
$804,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$5,815,500, to be disbursed by the Chief Administrative Officer of the
House.
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 $1,500 per month to the Attending
Physician; (2) an allowance of $500 per month each to two medical
officers while on duty in the Office of the Attending Physician; (3) an
allowance of $500 per month to one assistant and $400 per month each to
not to exceed nine assistants on the basis heretofore provided for such
assistants; and (4) $893,000 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, $1,266,000, to be disbursed by
the Chief Administrative Officer of the House.
Capitol Police Board
Capitol Police
salaries
For the Capitol Police Board for salaries of officers, members, and
employees of the Capitol Police, including overtime, hazardous
[[Page 111 STAT. 1186]]
duty pay differential, clothing allowance of not more than $600 each for
members required to wear civilian attire, and Government contributions
for health, retirement, Social Security, and other applicable employee
benefits, $70,955,000, of which $34,118,000 is provided to the Sergeant
at Arms of the House of Representatives, to be disbursed by the Chief
Administrative Officer of the House, and $36,837,000 is provided to the
Sergeant at Arms and Doorkeeper of the Senate, to be disbursed by the
Secretary of the Senate: Provided, That, of the amounts appropriated
under this heading, such amounts as may be necessary may be transferred
between the Sergeant at Arms of the House of Representatives and the
Sergeant at Arms and Doorkeeper of the Senate, upon approval of the
Committee on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate.
general expenses
For the Capitol Police Board 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, not more than $2,000 for the awards program, postage, telephone
service, travel advances, relocation of instructor and liaison personnel
for the Federal Law Enforcement Training Center, and $85 per month for
extra services performed for the Capitol Police Board by an employee of
the Sergeant at Arms of the Senate or the House of Representatives
designated by the Chairman of the Board, $3,099,000, to be disbursed by
the Chief Administrative Officer of the House of Representatives:
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 1998 shall be paid by the Secretary of
the Treasury from funds available to the Department of the Treasury.
Administrative Provisions
Sec. 110. Amounts appropriated for fiscal year 1998 for the Capitol
Police Board for the Capitol Police may be transferred between the
headings ``salaries'' and ``general expenses'' upon the approval of--
(1) the Committee on Appropriations of the House of
Representatives, in the case of amounts transferred from the
appropriation provided to the Sergeant at Arms of the House of
Representatives under the heading ``salaries'';
(2) the Committee on Appropriations of the Senate, in the
case of amounts transferred from the appropriation provided to
the Sergeant at Arms and Doorkeeper of the Senate under the
heading ``salaries''; and
(3) the Committees on Appropriations of the Senate and the
House of Representatives, in the case of other transfers.
<<NOTE: Pay and leave. 40 USC 207b.>> Sec. 111. (a)(1) The Capitol
Police Board shall establish and maintain unified schedules of rates of
basic pay for members and civilian employees of the Capitol Police which
shall apply to both members and employees whose appointing authority is
an officer of the Senate and members and employees whose appointing
authority is an officer of the House of Representatives.
[[Page 111 STAT. 1187]]
(2) The Capitol Police Board may, from time to time, adjust any
schedule established under paragraph (1) to the extent that the Board
determines appropriate to reflect changes in the cost of living and to
maintain pay comparability.
(3) A schedule established or revised under paragraph (1) or (2)
shall take effect only upon approval by the Committee on House Oversight
of the House of Representatives and the Committee on Rules and
Administration of the Senate.
(4) A schedule approved under paragraph (3) shall have the force and
effect of law.
<<NOTE: Regulations.>> (b)(1) The Capitol Police Board shall
prescribe, by regulation, a unified leave system for members and
civilian employees of the Capitol Police which shall apply to both
members and employees whose appointing authority is an officer of the
Senate and members and employees whose appointing authority is an
officer of the House of Representatives. The leave system shall include
provisions for--
(A) annual leave, based on years of service;
(B) sick leave;
(C) administrative leave;
(D) leave under the Family and Medical Leave Act of 1993 (29
U.S.C. 2601 et seq.);
(E) leave without pay and leave with reduced pay, including
provisions relating to contributions for benefits for any period
of such leave;
(F) approval of all leave by the Chief or the designee of
the Chief;
(G) the order in which categories of leave shall be used;
(H) use, accrual, and carryover rules and limitations,
including rules and limitations for any period of active duty in
the Armed Forces;
(I) advance of annual leave or sick leave after a member or
civilian employee has used all such accrued leave;
(J) buy back of annual leave or sick leave used during an
extended recovery period in the case of an injury in the
performance of duty;
(K) the use of accrued leave before termination of the
employment as a member or civilian employee of the Capitol
Police, with provision for lump sum payment for unused annual
leave; and
(L) a leave-sharing program.
(2) The leave system under this section may not provide for the
accrual of either annual or sick leave for any period of leave without
pay or leave with reduced pay.
(3) All provisions of the leave system established under this
subsection shall be subject to the approval of the Committee on House
Oversight of the House of Representatives and the Committee on Rules and
Administration of the Senate. All regulations approved under this
subsection shall have the force and effect of law.
(c)(1) Upon the approval of the Capitol Police Board, a member or
civilian employee of the Capitol Police who is separated from service
may be paid a lump sum payment for the accrued annual leave of the
member or civilian employee.
(2) The lump sum payment under paragraph (1)--
(A) shall equal the pay the member or civilian employee
would have received had such member or employee remained
[[Page 111 STAT. 1188]]
in the service until the expiration of the period of annual
leave;
(B) shall be paid from amounts appropriated to the Capitol
Police;
(C) shall be based on the rate of basic pay in effect with
respect to the member or civilian employee on the last day of
service of the member or civilian employee;
(D) shall not be calculated on the basis of extending the
period of leave described under subparagraph (A) by any holiday
occurring after the date of separation from service;
(E) shall be considered pay for taxation purposes only; and
(F) shall be paid only after the Chairman of the Capitol
Police Board certifies the applicable period of leave to the
Secretary of the Senate or the Chief Administrative Officer of
the House of Representatives, as appropriate.
(3) A member or civilian employee of the Capitol Police who enters
active duty in the Armed Forces may--
(A) receive a lump sum payment for accrued annual leave in
accordance with this subsection, in addition to any pay or
allowance payable from the Armed Forces; or
(B) elect to have the leave remain to the credit of such
member or civilian employee until such member or civilian
employee returns from active duty.
(4) The Capitol Police Board may prescribe regulations to carry out
this subsection. No lump sum payment may be paid under this subsection
until such regulations are approved by the Committee on Rules and
Administration of the Senate and the Committee on House Oversight of the
House of Representatives. All regulations approved under this subsection
shall have the force and effect of law.
(d) Nothing in this section shall be construed to affect the
appointing authority of any officer of the Senate or the House of
Representatives.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and Special
Services Office, $1,991,000, to be disbursed by the Secretary of the
Senate: Provided, That no part of such amount may be used to employ more
than forty 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 ten additional individuals for not more than six 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 first session of the One Hundred Fifth 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.
[[Page 111 STAT. 1189]]
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), $2,479,000.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary to carry out the provisions of
the Congressional Budget Act of 1974 (Public Law 93-344), including not
more than $2,500 to be expended on the certification of the Director of
the Congressional Budget Office in connection with official
representation and reception expenses, $24,797,000: Provided, That no
part of such amount may be used for the purchase or hire of a passenger
motor vehicle.
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
capitol buildings
salaries and expenses
For salaries for the Architect of the Capitol, the Assistant
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 maintenance, care and operation of the Capitol and
electrical substations of the Senate and House office buildings under
the jurisdiction of the Architect of the Capitol, including furnishings
and office equipment, including not more than $1,000 for official
reception and representation expenses, to be expended as the Architect
of the Capitol may approve; for purchase or exchange, maintenance and
operation of a passenger motor vehicle; <<NOTE: 40 USC 166a.>> and not
to exceed $20,000 for attendance, when specifically authorized by the
Architect of the Capitol, at meetings or conventions in connection with
subjects related to work under the Architect of the Capitol,
$36,977,000, of which $7,500,000 shall remain available until expended.
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, $5,116,000, of which $745,000 shall remain
available until expended.
senate office buildings
For all necessary expenses for maintenance, care and operation of
Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$52,021,000, of which $13,200,000 shall remain available until expended:
Provided, <<NOTE: Effective date. 40 USC 174j-10.>> That appropriations
under this
[[Page 111 STAT. 1190]]
heading for management personnel and miscellaneous restaurant expenses
hereafter shall be transferred at the beginning of each fiscal year to
the special deposit account in the United States Treasury established
under Public Law 87-82, approved July 6, 1961, as amended (40 U.S.C.
174j-4), and effective October 1, 1997, all management personnel of the
Senate Restaurant facilities shall be paid from the special deposit
account. Management personnel transferred hereunder shall be paid at the
same rates of pay applicable immediately prior to the date of transfer,
and annual and sick leave balances shall be credited to leave accounts
of such personnel in the Senate Restaurants.
house office buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $36,610,000, of which $8,082,000 shall
remain available until expended.
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, $33,932,000, of which $1,650,000 shall remain available
until expended: Provided, That not more than $4,000,000 of the funds
credited or to be reimbursed to this appropriation as herein provided
shall be available for obligation during fiscal year 1998.
LIBRARY OF CONGRESS
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,
$64,603,000: 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 Oversight of the House
of
Representatives or the Committee on Rules and Administration of the
Senate: Provided further, <<NOTE: 2 USC 166 note.>> That,
notwithstanding any other provision of law, the compensation of the
Director of the Congressional Research Service, Library of Congress,
shall be at an annual rate which is equal to the annual rate of basic
pay for positions
[[Page 111 STAT. 1191]]
at level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
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 (44 U.S.C. 902); 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, $81,669,000, of which
$11,017,000 shall be derived by transfer from the Government Printing
Office revolving fund under section 309 of title 44, United States Code:
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 44 U.S.C. 906: Provided further, That this
appropriation shall be available for the payment of obligations incurred
under the appropriations for similar purposes for preceding fiscal
years.
This title may be cited as the ``Congressional Operations
Appropriations Act, 1998''.
TITLE II--OTHER AGENCIES
BOTANIC GARDEN
Salaries and Expenses
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, $3,016,000.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Union
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, $227,016,000, of which not
more than $7,869,000 shall be derived from collections credited to this
appropriation during
[[Page 111 STAT. 1192]]
fiscal year 1998, and shall remain available until expended, under the
Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150):
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 the
$7,869,000: Provided further, That of the total amount appropriated,
$9,619,000 is to 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,
$5,584,000 is to remain available until expended for the acquisition and
partial support for implementation of an integrated library system
(ILS).
Copyright Office
salaries and expenses
For necessary expenses of the Copyright Office, including
publication of the decisions of the United States courts involving
copyrights, $34,361,000, of which not more than $17,340,000 shall be
derived from collections credited to this appropriation during fiscal
year 1998 under 17 U.S.C. 708(d), and not more than $5,086,000 shall be
derived from collections during fiscal year 1998 under 17 U.S.C.
111(d)(2), 119(b)(2), 802(h), and 1005: Provided, That the total amount
available for obligation shall be reduced by the amount by which
collections are less than $22,426,000: 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 $2,250 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.
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), $46,561,000, of which
$12,944,000 shall remain available until expended.
Furniture and Furnishings
For necessary expenses for the purchase, installation, and repair of
furniture, furnishings, office and library equipment, $4,178,000.
[[Page 111 STAT. 1193]]
Administrative Provisions
Sec. 201. Appropriations in this Act available to the Library of
Congress shall be available, in an amount of not more than $194,290, of
which $58,100 is for the Congressional Research Service, when
specifically authorized by the Librarian, for attendance at meetings
concerned with the function or activity for which the appropriation is
made.
Sec. 202. (a) No part of the funds appropriated in this Act shall be
used by the Library of Congress to administer any flexible or compressed
work schedule which--
(1) applies to any manager or supervisor in a position the
grade or level of which is equal to or higher than GS-15; and
(2) grants such manager or supervisor the right to not be at
work for all or a portion of a workday because of time worked by
the manager or supervisor on another workday.
(b) For purposes of this section, the term ``manager or supervisor''
means any management official or supervisor, as such terms are defined
in section 7103(a)(10) and (11) of title 5, United States Code.
Sec. 203. Appropriated funds received by the Library of
Congress from other Federal agencies to cover general and administrative
overhead costs generated by performing reimbursable work for other
agencies under the authority of 31 U.S.C. 1535 and 1536 shall not be
used to employ more than 65 employees and may be expended or obligated--
(1) in the case of a reimbursement, only to such extent or
in such amounts as are provided in appropriations
Acts; or
(2) in the case of an advance payment, only--
(A) to pay for such general or administrative
overhead costs as are attributable to the work performed
for such agency; or
(B) to such extent or in such amounts as are
provided in appropriations Acts, with respect to any
purpose not allowable under subparagraph (A).
Sec. 204. 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. 205. Of the amount appropriated to the Library of
Congress in this Act, 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.
Sec. 206. (a) For fiscal year 1998, the obligational authority of
the Library of Congress for the activities described in subsection (b)
may not exceed $100,490,000.
(b) 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.
<<NOTE: Effective date. 2 USC 182.>> Sec. 207. (a) Establishment.--
Effective October 1, 1997, there is established in the Treasury of the
United States a revolving
[[Page 111 STAT. 1194]]
fund to be known as the Cooperative Acquisitions Program Revolving Fund
(in this section referred to as the ``revolving fund''). Moneys in the
revolving fund shall be available to the Librarian of Congress, without
fiscal year limitation, for financing the cooperative acquisitions
program (in this section referred to as the ``program'') under which the
Library acquires foreign publications and research materials on behalf
of participating institutions on a cost-recovery basis. Obligations
under the revolving fund are limited to amounts specified in the
appropriations Act for that purpose for any fiscal year.
(b) Amounts Deposited.--The revolving fund shall consist of--
(1) any amounts appropriated by law for the purposes of the
revolving fund;
(2) any amounts held by the Librarian as of October 1, 1997
or the date of enactment, whichever is later, that were
collected as payment for the Library's indirect costs of the
program; and
(3) the difference between (A) the total value of the
supplies, equipment, gift fund balances, and other assets of the
program, and (B) the total value of the liabilities (including
unfunded liabilities such as the value of accrued annual leave
of employees) of the program.
(c) Credits to the Revolving Fund.--The revolving fund shall be
credited with all advances and amounts received as payment for purchases
under the program and services and supplies furnished to program
participants, at rates estimated by the Librarian to be adequate to
recover the full direct and indirect costs of the program to the Library
over a reasonable period of time.
(d) Unobligated Balances.--Any unobligated and unexpended balances
in the revolving fund that the Librarian determines to be in excess of
amounts needed for activities financed by the revolving fund, shall be
deposited in the Treasury of the United States as miscellaneous
receipts. Amounts needed for activities financed by the revolving fund
means the direct and indirect costs of the program, including the costs
of purchasing, shipping, binding of books and other library materials;
supplies, materials, equipment and services needed in support of the
program; salaries and benefits; general overhead; and travel.
(e) Annual Report.--Not later than March 31 of each year, the
Librarian of Congress shall prepare and submit to Congress an audited
financial statement for the revolving fund for the preceding fiscal
year. The audit shall be conducted in accordance with Government
Auditing Standards for financial audits issued by the Comptroller
General of the United States.
Sec. 208. Authority of the Board To Invest Gift Funds.--Section 4 of
the Act entitled ``An Act to create a Library of Congress Trust Fund
Board, and for other purposes'', approved March 3, 1925 (2 U.S.C. 160),
is amended by adding at the end the following new undesignated
paragraph:
``Upon agreement by the Librarian of Congress and the Board, a gift
or bequest accepted by the Librarian under the first paragraph of this
section may be invested or reinvested in the same manner as provided for
trust funds under the second paragraph of section 2.''.
[[Page 111 STAT. 1195]]
ARCHITECT OF THE CAPITOL
Library Buildings and Grounds
structural and mechanical care
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$11,573,000, of which $3,910,000 shall remain available until expended.
GOVERNMENT PRINTING OFFICE
Office of Superintendent of Documents
salaries and expenses
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, $29,077,000: Provided, That
travel expenses, including travel expenses of the Depository Library
Council to the Public Printer, shall not exceed $150,000: Provided
further, 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 1996 and
1997 to depository and other designated libraries.
Government Printing Office Revolving Fund
The Government Printing Office is hereby authorized to 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
$2,500 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 twelve 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 3,550 workyears:
Provided further, That activities financed through the revolving fund
may provide information in any format: Provided further, That the
revolving fund shall not
[[Page 111 STAT. 1196]]
be used to administer any flexible or compressed work schedule which
applies to any manager or supervisor in a position the grade or level of
which is equal to or higher than GS-15: Provided further, That expenses
for attendance at meetings shall not exceed $75,000: Provided further,
That $1,500,000 may be expended on the certification of the Public
Printer, for reimbursement to the General Accounting Office, for a
management audit.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
For necessary expenses of the General Accounting Office, including
not more than $7,000 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 31 U.S.C. 3324;
benefits comparable to those payable under sections 901(5), 901(6) and
901(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 4081(6)
and 4081(8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in foreign
countries; $339,499,000: Provided, That not more than $1,000,000 of
reimbursements received incident to the operation of the General
Accounting Office Building shall be available for use in fiscal year
1998: Provided further, That an additional amount of $4,404,000 shall be
available by transfer from funds previously deposited in the special
account established pursuant to 31 U.S.C. 782: Provided
further, <<NOTE: 31 USC 9105 note.>> That notwithstanding 31 U.S.C.
9105 hereafter amounts reimbursed to the Comptroller General pursuant to
that section shall be deposited to the appropriation of the General
Accounting Office then available and remain available until expended,
and not more than $2,000,000 of such funds shall be available for use in
fiscal year 1998: Provided further, That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the Joint Financial Management Improvement
Program (JFMIP) shall be available to finance an appropriate share of
JFMIP costs as determined by the JFMIP, including the salary of the
Executive Director and secretarial support: 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. Payments hereunder to
either the Forum or the JFMIP 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
[[Page 111 STAT. 1197]]
by the ACIPA, including any expenses attributable to membership of ACIPA
in the International Institute of Administrative Sciences.
TITLE III--GENERAL PROVISIONS
Sec. 301. 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 Oversight and for the Senate issued by the
Committee on Rules and Administration.
Sec. 302. No part of the funds appropriated in this Act shall remain
available for obligation beyond fiscal year 1998 unless expressly so
provided in this Act.
Sec. 303. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 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.
<<NOTE: Contracts. Public information.>> Sec. 304. The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, 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 pursuant to
existing law.
Sec. 305. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds made
available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) If it has been finally determined by a court or Federal agency
that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, such person shall be ineligible to receive any contract
or subcontract made with funds provided pursuant to this Act, pursuant
to the debarment, suspension, and ineligibility procedures described in
section 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 306. Such sums as may be necessary are appropriated to the
account described in subsection (a) of section 415 of Public Law 104-1
to pay awards and settlements as authorized under such subsection.
Sec. 307. 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
[[Page 111 STAT. 1198]]
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 $1,500.
Sec. 308. (a) Section 713(a) of title 18, United States Code, is
amended by inserting after ``Senate,'' the following: ``or the seal of
the United States House of Representatives, or the seal of the United
States Congress,''.
(b) Section 713 of title 18, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Whoever, except as directed by the United States House of
Representatives, or the Clerk of the House of Representatives on its
behalf, knowingly uses, manufactures, reproduces, sells or purchases for
resale, either separately or appended to any article manufactured or
sold, any likeness of the seal of the United States House of
Representatives, or any substantial part thereof, except for manufacture
or sale of the article for the official use of the Government of the
United States, shall be fined under this title or imprisoned not more
than six months, or both.
``(e) Whoever, except as directed by the United States Congress, or
the Secretary of the Senate and the Clerk of the House of
Representatives, acting jointly on its behalf, knowingly uses,
manufactures, reproduces, sells or purchases for resale, either
separately or appended to any article manufactured or sold, any likeness
of the seal of the United States Congress, or any substantial part
thereof, except for manufacture or sale of the article for the official
use of the Government of the United States, shall be fined under this
title or imprisoned not more than six months, or both.''.
(c) Section 713(f) of title 18, United States Code (as redesignated
by subsection (b)(1)), is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) in the case of the seal of the United States House of
Representatives, upon complaint by the Clerk of the House of
Representatives; and
``(4) in the case of the seal of the United States Congress,
upon complaint by the Secretary of the Senate and the Clerk of
the House of Representatives, acting jointly.''.
(d) The heading of section 713 of title 18, United States Code, is
amended by striking ``and the seal of the United States Senate'' and
inserting the following: ``the seal of the United States Senate, the
seal of the United States House of
Representatives, and the seal of the United States Congress''.
(e) The table of sections for chapter 33 of part I of title 18,
United States Code, is amended by amending the item relating to section
713 to read as follows:
``713. Use of likenesses of the great seal of the United States, the
seals of the
President and Vice President, the seal of the United States
Senate, the seal of the United States House of
Representatives, and the seal of the United States
Congress.''.
<<NOTE: 40 USC 188b-6.>> Sec. 309. Section 316 of Public Law 101-302
is amended in the first sentence of subsection (a) by striking ``1997''
and inserting ``1998''.
[[Page 111 STAT. 1199]]
<<NOTE: 40 USC 174j-1 note.>> Sec. 310. (a) Severance Pay.--Section
5595 of title 5, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (D) by striking ``and'' after
the semicolon; and
(B) by adding after subparagraph (E) the following
new subparagraph:
``(F) the Office of the Architect of the Capitol,
but only with respect to the United States Senate
Restaurants; and'';
(2) in subsection (a)(2)--
(A) in clause (vii) by striking ``or'' after the
semicolon;
(B) by redesignating clause (viii) as clause (ix)
and inserting after clause (vii) the following:
``(viii) an employee of the United States
Senate Restaurants of the Office of the Architect
of the Capitol, who is employed on a temporary
when actually employed basis; or''; and
(3) in subsection (b) by adding at the end the following:
``The Architect of the Capitol may prescribe regulations to
effect the application and operation of this section to the
agency specified in subsection (a)(1)(F) of this section.''.
<<NOTE: Applicability.>> (b) Early Retirement.--(1) This subsection
applies to an employee of the United States Senate Restaurants of the
Office of the Architect of the Capitol who--
(A) voluntarily separates from service on or after the date
of enactment of this Act and before October 1, 1999; and
(B) on such date of separation--
(i) has completed 25 years of service as defined
under section 8331(12) or 8401(26) of title 5, United
States
Code; or
(ii) has completed 20 years of such service and is
at least 50 years of age.
(2) Notwithstanding any provision of chapter 83 or 84 of title 5,
United States Code, an employee described under paragraph (1) is
entitled to an annuity which shall be computed consistent with the
provisions of law applicable to annuities under section 8336(d) or
8414(b) of title 5, United States Code.
(c) Voluntary Separation Incentive Payments.--(1) In this
subsection, the term ``employee'' means an employee of the United States
Senate Restaurants of the Office of the Architect of the Capitol,
serving without limitation, who has been currently employed for a
continuous period of at least 12 months, except that such term shall not
include--
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 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 any of the retirement systems referred to in subparagraph
(A); or
(C) an employee who is employed on a temporary when actually
employed basis.
(2) Notwithstanding any other provision of law, in order to avoid or
minimize the need for involuntary separations due to a reduction in
force, reorganization, transfer of function, or other similar action
affecting the agency, the Architect of the Capitol
[[Page 111 STAT. 1200]]
shall establish a program under which voluntary separation incentive
payments may be offered to encourage not more than 50 eligible employees
to separate from service voluntarily (whether by retirement or
resignation) during the period beginning on the date of the enactment of
this Act through September 30, 1999.
(3) Such voluntary separation incentive payments shall be paid in
accordance with the provisions of section 5597(d) of title 5, United
States Code. Any such payment shall not be a basis of payment, and shall
not be included in the computation, of any other type of Government
benefit.
(4)(A) Subject to subparagraph (B), 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
agency that paid the incentive payment.
(B)(i) 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 if the individual involved possesses unique
abilities and is the only qualified applicant available for the
position.
(ii) If the employment is with an entity in the legislative branch,
the head of the entity or the appointing official may waive the
repayment if the individual involved possesses unique abilities and is
the only qualified applicant available for the position.
(iii) If the employment is with the judicial branch, the Director of
the Administrative Office of the United States Courts may waive the
repayment if the individual involved possesses unique abilities and is
the only qualified applicant available for the position.
(C) For purposes of subparagraph (A) (but not subparagraph (B)), the
term ``employment'' includes employment under a personal services
contract with the United States.
(5) The Architect of the Capitol may prescribe regulations to carry
out this subsection.
(d) Competitive Service Treatment for Certain Employees.--(1)
This <<NOTE: Applicability.>> subsection applies to any employee of the
United States Senate Restaurants of the Office of the Architect of the
Capitol who--
(A) is involuntarily separated from service on or after the
date of the enactment of this Act and before October 1, 1999
(except by removal for cause on charges of misconduct or
delinquency); and
(B) has performed any period of service employed in the
Office of the Architect of the Capitol (including the United
States Senate Restaurants) in a position in the excepted service
as defined under section 2103 of title 5, United States Code.
(2) For purposes of applying for employment for any position in the
executive branch (including for purposes of the administration of
chapter 33 of title 5, United States Code, with respect to such
employment application), any period of service described under paragraph
(1)(B) of this subsection shall be deemed a period of service in the
competitive service as defined under section 2102 of title 5, United
States Code.
(3) This subsection shall--
<<NOTE: Effective date.>> (A) take effect on the date of
enactment of this Act; and
[[Page 111 STAT. 1201]]
<<NOTE: Applicability.>> (B) apply only to an employment
application submitted by an employee during the 2-year period
beginning on the date of such employee's separation from service
described under paragraph (1)(A).
(e) Retraining, Job Placement, and Counseling Services.--(1) In this
subsection, the term ``employee''--
(A) means an employee of the United States Senate
Restaurants of the Office of the Architect of the Capitol; and
(B) shall not include--
(i) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the
Government; or
(ii) an employee who is employed on a temporary when
actually employed basis.
(2) The Architect of the Capitol may establish a program to provide
retraining, job placement, and counseling services to employees and
former employees.
(3) A former employee may not participate in a program established
under this subsection, if--
(A) the former employee was separated from service with the
United States Senate Restaurants of the Office of the Architect
of the Capitol for more than 1 year; or
(B) the separation was by removal for cause on charges of
misconduct or delinquency.
(4) Retraining costs for the program established under this
subsection may not exceed $5,000 for each employee or former employee.
(f) Administrative Provisions.--(1) The Architect of the
Capitol--
(A) may use employees of the Office of the Architect of the
Capitol to establish and administer programs and carry out the
provisions of this section; and
(B) may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, to carry out
such provisions--
(i) not subject to the 1 year of service limitation
under such section 3109(b); and
(ii) at rates for individuals which do not exceed
the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
(2) Funds to carry out subsections (a) and (c) may be expended only
from funds available for the basic pay of the employee who is receiving
the applicable payment.
(3) Funds to carry out subsection (e) may be expended from any funds
made available to the Architect of the Capitol.
Sec. 311. (a) Rate of Pay for Director of Engineering.--Section
108(a) of the Legislative Branch Appropriations Act, 1991 (40 U.S.C.
166b-3b(a)) is amended by striking ``the rate of basic pay payable for
level V of the Executive Schedule'' and inserting ``such rate as the
Architect considers appropriate, not to exceed 90 percent of the highest
total rate of pay for the Senior Executive Service under chapter 53 of
title 5, United States Code, for the locality involved''.
(b) Applicable Rate of Pay.--Section 108(b)(1) of such Act (40
U.S.C. 166b-3b(b)(1)) is amended--
[[Page 111 STAT. 1202]]
(1) by striking the second sentence; and
(2) by striking ``the maximum rate allowable for the Senior
Executive Service'' each place it appears in subparagraphs (A)
and (B) and inserting the following: ``the highest total rate of
pay for the Senior Executive Service under chapter 53 of title
5, United States Code, for the locality involved''.
<<NOTE: 40 USC 166b-3b note.>> (c) Effective Date.--The amendments
made by this section shall apply with respect to pay periods beginning
on or after
January 1, 1998.
Sec. 312. Any amount appropriated in this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--Members' Representational
Allowances'' shall be available only for fiscal year 1998. Any amount
remaining after all payments are made under such allowances for such
fiscal year shall be deposited in the Treasury, to be used for deficit
reduction.
This Act may be cited as the ``Legislative Branch Appropriations
Act, 1998''.
Approved October 7, 1997.
LEGISLATIVE HISTORY--H.R. 2209 (S. 1019):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-196 (Comm. on Appropriations) and 105-254 (Comm.
of Conference).
SENATE REPORTS: No. 105-47 accompanying S. 1019 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
July 28, considered and passed House.
July 29, considered and passed Senate, amended.
Sept. 24, House and Senate agreed to conference report.
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