TheWeekInCongress.com
Week Ending July 16, 2004
HR 4755 Making Legislative Branch Appropriations for FY 2005
BRIEF
The bill makes appropriations for the Legislative Branch of the government including the House of Representatives.
The Senate, Capitol Police, Office of Compliance, Congressional Budget Office, Architect of the Capitol Library of Congress, Government Printing Office, General Accounting Office and The Open World Leadership Center Trust Fund.
The bill also provides for the possibility of centralized document distribution as a cost cutter along with $100 monthly stipend to staff that use mass transit to and from work. Outsourcing is encouraged in eight areas ranging from grounds maintenance to security.
Sponsor: Rep. Jack Kinsgston (R-GA-1st)
Vote: Passed House 327 to 43 (RC 362) (July 12, 2004)
Cost to the taxpayers: $3,574,500,000. *Approximately $826 million funds the Senate and $1 billion funds the House of Representatives.
## All Rights Reserved. No reproduction or distribution without written permission from TheWeekInCongress.com.
COMMITTEE COMMENTS AND RECOMMENDATIONS
CONGRESSIONAL RESEARCH SERVICE BREAKDOWN OF THE BILL PROVISIONS
Title I: Legislative Branch Appropriations - Makes FY 2005 appropriations for the Senate for: (1) expense allowances; (2) representation allowances for the Majority and Minority Leaders; (3) salaries of specified officers, employees, and committees (including the Committee on Appropriations); (4) agency contributions for employee benefits; (5) inquiries and investigations; (6) the U.S. Senate Caucus on International Narcotics Control; (7) the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper (Sergeant at Arms) of the Senate; (8) miscellaneous items; (9) the Senators' Official Personnel and Office Expense Account; and (10) official mail costs.
(Sec. 2) Amends the Supplemental Appropriations Act, 1977 to increase from eight to nine the number of individual consultants the Majority and Minority Leaders may each appoint.
(Sec. 3) Amends Public Law 101-302 to extend through FY 2005 and each fiscal year thereafter the authorization of funds within the Senate contingent fund for expenses of the U.S. Senate Collection.
(Sec. 4) Amends the Legislative Appropriations Act, 2003 to extend the Office of the President Pro Tempore Emeritus of the Senate into the 109th Congress.
(Sec. 6) Amends the Supplemental Appropriations Act, 1987 to repeal the requirement that the Secretary of the Senate first receive approval of the Senate Appropriations Committee before transferring to the general expense allowance account certain funds made available for activities concerning foreign parliamentary groups or other visiting foreign officials. Requires only notice to such Committee.
(Sec. 7) Authorizes the payment of reasonable expenses in connection with sending or transporting official records and papers of a Senator from the District of Columbia to the Senator's State. Requires the Sergeant at Arms of the Senate to provide for the most economical means of sending or transporting such items.
(Sec. 8) Authorizes the Sergeant at Arms of the Senate to retain funds received as compensation for damage to, loss of, or loss of use of property of the Sergeant of Arms.
(Sec. 9) Amends the Legislative Reorganization Act of 1970 to increase the minimum age of Senate pages from 14 to 16.
(Sec. 10) States that the Office of the Sergeant of Arms of the Senate and any officer, employee, or agent of the Office shall not be treated as acquiring possession, custody, or control of electronic mail or other electronic communication, data, or information by reason of its being transmitted, processed, or stored (temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office.
Makes appropriations for the House of Representatives for FY 2005 for: (1) salaries and/or expenses of the House leadership offices, committees (including the Committee on Appropriations), officers and employees, and the Child Care Center; and (2) Members' representational allowances.
(Sec. 102) Establishes in the Treasury the Net Expenses of Telecommunications Revolving Fund to be used by the Chief Administrative Officer (CAO) of the House to purchase, lease, obtain, and maintain the data and voice telecommunications services and equipment of legislative branch offices.
Makes conforming amendments to the Legislative Branch Appropriations Act, 1989 and the Legislative Branch Appropriations Act, 2003.
(Sec. 103) Requires the CAO to enter into a contract on a competitive basis with a private entity for the management, operation, and maintenance of the exercise facility established for the use of House employees which is constructed with funds made available under this Act.
Requires user fees for the facility to be used to cover management, operation, and maintenance costs.
(Sec. 104) Declares the sense of the House to encourage House Members who use vehicles for official and representational travel to use hybrid electric and alternatively fueled vehicles whenever possible to help move the Nation toward the use of a hydrogen fuel cell vehicles and reduce our dependence on oil.
Makes FY 2005 appropriations for salaries and/or expenses of: (1) the Joint Economic and Taxation Committees; (2) the Office of the Attending Physician; (3) the Capitol Guide Service and Special Services Office; (4) the preparation of statements of appropriations for both the House and the Senate; and (5) the Capitol Police.
(Sec. 1002) Amends the Legislative Branch Appropriations Act, 2004 to: (1) authorize the Chief of the Capitol Police to hire individuals as Capitol Police officers for detail to the Library of Congress other than those submitted for hiring by the Librarian of Congress; (2) establish FY 2005 limits on the number of Capitol Police officers to be hired for Library of Congress duty; and (3) authorize the Chief to detail such individuals on a nonreimbursable basis.
(Sec. 1003) Requires any amounts received by the Capitol Police as compensation for damage to, loss of, or loss of use of property of the Capitol Police to be credited the Capitol Police general expenses account.
(Sec. 1004) Requires the Office of Personnel Management to provide for the participation of Capitol Police employees in the voluntary transfer of leave with employees of other agencies.
(Sec. 1005) Amends the Revised Statutes to: (1) give the Capitol Police Board (currently, the Sergeants at Arms of the House and of the Senate) authority for selecting Capitol Police uniforms; and (2) authorize Capitol Police officers to carry weapons not purchased with Capitol Police appropriations, both on and off Capitol grounds, as authorized by the Board.
(Sec. 1006) Authorizes the release of security information in the possession of the Capitol Police to other entities only if the Capitol Police Board has determined that such release will not compromise the security and safety of the Capitol building and grounds or any individuals whose protection and safety is under Capitol Police jurisdiction.
(Sec. 1007) Authorizes the Capitol Police to accept donations of animals for use in its canine or equine units.
(Sec. 1008) Authorizes the Chief of the Capitol Police to settle and pay claims for damages under the Federal Tort Claims Act (FTCA) and the Military Personnel and Civilian Employees' Claims Act, except that the Chairman of the Senate Committee on Rules and Administration must approve any proposed resolution of FTCA claims of Senators or employees whose pay is disbursed by the Secretary of the Senate.
(Sec. 1009) Authorizes the Capitol Police, subject to Board approval, to travel with and assist overseas congressional delegations in a security advisory and liaison role, including advance security liaison preparations for such travel.
Makes FY 2005 appropriations for: (1) salaries and/or expenses of the Office of Compliance; (2) the Congressional Budget Office; (3) the Architect of the Capitol, including for the care and operation of Capitol buildings and grounds, Senate and House office buildings, the Capitol power plant, Library of Congress buildings and grounds, Capitol Police buildings and grounds, the Botanic Garden (but not for construction of the National Garden); and (4) the Library of Congress for salaries and expenses, the Copyright Office, Congressional Research Service, and Books for the Blind and Physically Handicapped.
(Sec. 1102) Increases (from the FY 2004 level) the obligational authority of the Library for FY 2005 for reimbursable and revolving fund activities funded from sources other than appropriations.
(Sec. 1103) Amends the Miscellaneous Appropriations Act, 2001 to extend to March 31, 2010, the availability of funds for the National Digital Information Infrastructure and Preservation Program.
(Sec. 1104) Prohibits the use of funds appropriated by this Act for payment of fees charged by the Department of State for the construction of U.S. diplomatic facilities.
(Sec. 1105) Extends through FY 2005 authorizations for the National Film Preservation Board and the National Film Preservation Foundation.
Makes FY 2005 appropriations to the Government Printing Office (GPO) for: (1) congressional printing and binding (including transfer of funds); (2) the Office of Superintendent of Documents for salaries and expenses (including transfer of funds); and (3) the GPO revolving fund.
(Sec. 1301) Authorizes the Superintendent of Documents to determine discounts for sales copies of GPO publications.
Makes FY 2005 appropriations for the Government Accountability Office (GAO) for salaries and expenses.
(Sec. 1401) Requires heads of executive agencies and the Mayor of the District of Columbia to transmit to the Comptroller General copies of reports of violations of specified Federal laws limiting obligations, expenditures, and voluntary activities of officers and employees of those agencies or the District on the same date that such reports are transmitted to the President and Congress.
Makes FY 2005 appropriations for a payment to the Open World Leadership (OWL) Center Trust Fund.
(Sec. 1501) Amends the Legislative Branch Appropriations Act, 2001 to expand the list of participating eligible countries under the OWL program by authorizing the Board of Trustees of the OWL Center to designate additional countries, with prior notice to the Senate and House Appropriations Committees.
Title II: General Provisions - Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the Legislative Branch Appropriations Act, 2004.
(Sec. 208) Makes legislative branch agency compliance with the General Services Administration's Governmentwide eTravel Service program discretionary, to be determined by each agency head.
(Sec. 209) Amends the Legislative Branch Appropriations Act, 2003 to remove the limitation to 100 percent of donated funds currently placed on appropriations to provide congressional recognition for excellence in arts education under the Congressional Award Act.
(Sec. 210) Transfers jurisdiction over certain parcels of Federal real property near the Japanese American Patriotism Memorial to the Architect of the Capitol, without consideration.
(Sec. 211) Makes FY 2005 appropriations for the Commission on the Abraham Lincoln Study Abroad Fellowship Program. Amends the Consolidated Appropriations Act, 2004 to extend the program through December 31, 2005.
1. H.AMDT.667 to add $30 million to the salaries and expenses account
of the General Accounting Office for the development of Scientific and
Technology Assessment.
Sponsor: Rep Holt, Rush D. [R-NJ-12th] Failed by recorded vote: 115 - 252
(Roll no. 359).
2. H.AMDT.668 to provide that each amount
appropriated or otherwise made available in the Act that is not required to be
appropriated or otherwise made available by a provision of law is reduced by 1%.
Sponsor: Rep Hefley, Joel [R-CO-5th] Failed by recorded vote: 87 - 278
(Roll no. 360).
COMMITTEE COMMENTS AND RECOMMENDATIONS
Budget requests- The Committee wants to underscore the fact that with record deficits, a war on terrorism, and troops on the ground in Afghanistan and Iraq, the budget requests from the agencies of the Legislative Branch cannot continue to be presented with requested increases as high as 50 percent. The Committee expects that future budget submissions will take into consideration the overall budget constraints placed on the entire Federal budget and that more reasonable budget requests will be forthcoming in future years.
Potential for savings- The Committee notes that over the years many of the Legislative Branch agencies have expanded functions, adjusted organizational structures, and restructured operations that support their basic mission in a seemingly ad hoc manner without taking into account the consideration of the potential impact of technology, modern skills, and innovative management techniques that possibly could create greater streamlined, efficient and effective operations. The Committee believes that there is potential for significant savings through streamlining legislative agency organizations, outsourcing functions, leveraging existing technology, and applying management principles identified as `best practices' in comparable public and private sector enterprises. Therefore, the Committee directs the General Accounting Office (GAO) to work closely with the head of each Legislative Branch entity to: (1) identify opportunities that will streamline the agency organization and eliminate organizational layers; (2) outsource operations that will result in providing higher quality and less costly services; (3) utilize existing technology to enhance operational efficiency; (4) implement management changes, which will increase efficiency and effectiveness of agency operations; and (5) where applicable apply the `Federal Activities Inventory Reform Act', `Chief Financial Officers Act', and the `Government Performance and Results Act'. The committee directs that the GAO report its findings, including recommendations for changes, to the Committee on Appropriations of the House and Senate by January 10, 2005. Each agency of the Legislative Branch should be prepared to discuss recommended changes during the FY 2006 appropriation hearing cycle.
Outsourcing- The Committee believes that many potential opportunities exist for outsourcing of activities and functions that will realize significant savings within the Legislative Branch. Therefore the Committee directs that each agency of the Legislative Branch examine potential outsourcing opportunities of the following areas: Information management operations and site management; building facilities and grounds management and operations; human resources management and operations; training functions; vehicle maintenance and management; physical security; financial operations; and printing operations. Each agency is expected to not only examine the areas outlined, but also examine other activities and functions that are unique to each agency to determine if further outsourcing opportunities exist. The Committee directs that the General Accounting Office work closely with each agency, the Legislative Branch Financial Managers Council, and the Legislative Branch Chief Administrative Officers Council to prepare a report with recommendations and timelines for implementation of outsourcing or consolidation of activities within each agency or cross-servicing between Legislative branch agencies to the Committee on Appropriations of the House and Senate by January 10, 2005.
Document distribution- The agencies of the Legislative Branch devote considerable resources each year for the distribution of printed materials. The Committee believes there are opportunities for savings if distribution activities were managed from a central facility rather than from independent facilities operated by each Legislative Branch agency. The Government Printing Office currently operates a document distribution facility in Pueblo, Colorado designed to service the Federal Government agencies that require mail order distribution, mail list maintenance and bulk publication storage. This operation has filled more than 75 million orders and distributed more than 800 million publications since opening in 1971. The Committee directs the General Accounting Office to evaluate distribution requirements and activities in all Legislative Branch support agencies and make recommendations to the Committee regarding costs and the feasibility of consolidating activities at the Pueblo facility. The General Accounting Office should report the results of their evaluation to the Committee on Appropriations of the House and Senate by January 10, 2005.
Mass transit benefits- The Committee has included funding for the Federal Mass Transit Benefit Program, for the agencies of the Legislative Branch. The Committee allowance provides a $100 per month allowance to the employees who participate in the program. The Committee encourages the agencies of the Legislative Branch to support their employee participation in this very important program.
State funeral- The Committee praises the accomplishments of the Officers and employees of the Legislative Branch in carrying out the necessary duties and preparation for the state funeral of President Reagan. Many legislative entities participated in ensuring that this historic occasion was executed with the dignity that it so well deserved. In particular, the Committee recognizes the efforts of the House Leadership Offices and Committees, the Officers of the House of Representatives and their staffs, as well as the Capitol Guide Service and Special Services; the Capitol Police; the Architect of the Capitol and staff; the Public Printer and staff; along with the efforts of our counterparts in the Senate; worked tirelessly in carrying out this event with the utmost refinement, professionalism, and skill.
Review statutes of legislative branch agency heads- There currently exist various laws, processes, and practices governing the selection, appointment, removal, compensation, and term of service of the Heads and the Deputies of various agencies in the Legislative Branch, including the Office of Compliance, the Congressional Budget Office, the Architect of the Capitol; the Library of Congress, the Government Printing Office, and the General Accounting Office. The Committee suggests that the Joint Leadership of Congress, in order to establish uniformity, should review, evaluate and consider the appropriate changes to current legislation and regulations governing these positions.
##All Rights Reserved. No reproduction or distribution without written permission from TheWeekInCongress.com.