[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. <all>