Legislative Branch: FY2010 Appropriations Ida A. Brudnick Analyst on the Congress June 11, 2009 Congressional Research Service 7-5700 www.crs.gov R40617 CRS Report for Congress Prepared for Members and Committees of Congress Legislative Branch: FY2010 Appropriations Summary Approximately $5.0 billion was requested for legislative branch operations in FY2010, an increase of 14.5% over the FY2009 enacted level. The Subcommittees on the Legislative Branch of the House and Senate Appropriations Committees have held hearings during which Members considered the legislative branch requests. The House Appropriations Committee, Subcommittee on Legislative Branch held a markup of the FY2010 bill on June 11, 2009. The subcommittee version would provide $3.675 billion, not including Senate items. The full committee markup is scheduled for June 12, 2009. Previously, the FY2009 Omnibus Appropriations Act (P.L. 111-8, enacted on March 11, 2009) provided $4.4 billion for legislative branch activities. This represents an approximately 11% increase over the nearly $4 billion approved by Congress for FY2008. In FY2009, an additional $25 million was provided for the Government Accountability Office in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). The House and Senate versions of H.R. 2346, the FY2009 Supplemental Appropriations Act, both contain $71.6 million for the new U.S. Capitol Police radio system. The Senate version also would provide $2 million for the Congressional Budget Office, to remain available until September 30, 2010, and authorize additional funds for the Senate Committee on the Judiciary. H.R. 2346 passed the House on May 14, 2009, and the Senate on May 21. The Senate has appointed its conferees. Among issues that have been considered during hearings on the FY2010 budget in the House and Senate Appropriations Committees, Subcommittees on the Legislative Branch, are the following: • the need for the new U.S. Capitol Police radio system and the timing of its funding; • legislative branch agency efforts in support of the American Recovery and Reinvestment Act of 2009 and Emergency Economic Stabilization Act of 2008; • deferred maintenance issues around the Capitol complex; • the effect of the Office of Compliance citations on the Architect’s project prioritization and budget request; • employment issues, including pay, recruitment and retention, diversity, and equal employment opportunity concerns; • funds requested to support the “Greening of the Capitol” initiative, the use of alternative fuels, and the application of the Energy Independence and Security Act of 2007 to the legislative branch; and • the future of the Open World Leadership Program, including the location of the program within the legislative branch and the selection of participant countries. This report will be updated to reflect major congressional action. Congressional Research Service Legislative Branch: FY2010 Appropriations Contents Most Recent Developments.........................................................................................................1 FY2009 Supplemental Appropriations...................................................................................1 Introduction to the Legislative Branch Appropriations Bill ..........................................................2 Subcommittee Structure ........................................................................................................3 Status of FY2010 Appropriations ................................................................................................4 Action on the FY2010 Legislative Branch Appropriations Bill ..............................................4 Submission of FY2010 Budget Request on May 8, 2009 .................................................4 Senate and House Hearings on the FY2010 Budget .........................................................4 FY2010 Legislative Branch Funding Issues.................................................................................5 Senate...................................................................................................................................5 Overall Funding ..............................................................................................................5 Senate Committee Funding .............................................................................................5 Senators’ Official Personnel and Office Expense Account................................................6 House of Representatives ......................................................................................................6 Overall Funding ..............................................................................................................6 House Committee Funding..............................................................................................6 Members’ Representational Allowance............................................................................6 Green the Capitol Initiative .............................................................................................7 Support Agency Funding.......................................................................................................7 U.S. Capitol Police..........................................................................................................7 Architect of the Capitol ...................................................................................................8 Congressional Budget Office (CBO) ............................................................................. 12 Library of Congress (LOC) ........................................................................................... 12 Congressional Research Service (CRS) ......................................................................... 13 Government Accountability Office (GAO) .................................................................... 14 Government Printing Office (GPO) ............................................................................... 15 Office of Compliance.................................................................................................... 16 Open World Leadership Center ..................................................................................... 16 John B. Stennis Center for Public Service Training and Development............................ 18 Technology Assessments for Congress .......................................................................... 18 For Additional Reading ............................................................................................................. 23 CRS Reports ....................................................................................................................... 23 Selected Websites................................................................................................................ 23 Tables Table 1. Legislative Branch Appropriations, FY1999-FY2009 .....................................................3 Table 2. Status of Legislative Branch Appropriations, FY2010 ....................................................4 Table 3. Dates of House and Senate Hearings on Legislative Branch Requests.............................5 Table 4. Legislative Branch Appropriations, FY2010................................................................. 19 Table 5. Capitol Police Appropriations, FY2010........................................................................ 20 Table 6. Architect of the Capitol Appropriations, FY2010.......................................................... 20 Congressional Research Service Legislative Branch: FY2010 Appropriations Table 7. Senate Appropriations, FY2010 ................................................................................... 21 Table 8. House of Representatives Appropriations, FY2010....................................................... 21 Contacts Author Contact Information ...................................................................................................... 24 Key Policy Staff........................................................................................................................ 24 Author Contact Information ...................................................................................................... 24 Congressional Research Service Legislative Branch: FY2010 Appropriations Most Recent Developments Approximately $5.0 billion was requested for legislative branch operations in FY2010, an increase of 14.5% over the $4.4 billion provided in the FY2009 Omnibus Appropriations Act. 1 The Subcommittees on the Legislative Branch of the House and Senate Appropriations Committees have held hearings during which Members considered the legislative branch requests. The House Appropriations Committee, Subcommittee on Legislative Branch held a markup of the FY2010 bill on June 11, 2009. The subcommittee version would provide $3.675 billion, not including Senate items. This level is approximately $237 million above the FY2009 enacted level and $282 million less than requested for these accounts. According to the summary table provided by the subcommittee, the largest increase would be provided to the Architect of the Capitol ($81 million over the FY2009 enacted level, or nearly 18%). 2 The largest decrease would be for the Open World Leadership Program, which would have its budget reduced by $5 million, or approximately 36%. The full committee markup is scheduled for June 12, 2009. Consideration of the FY2010 request follows the enactment on March 11, 2009, of the FY2009 Omnibus Appropriations Act. The FY2009 act provided a 10.88%3 increase over the $3.97 billion provided for FY2008.4 The FY2009 enacted level was $258.47 million less than the request for $4.66 billion in discretionary budget authority. An explanatory statement on the act was inserted into the Congressional Record on February 23, 2009, and later issued as a print from the Committee on Appropriations. 5 FY2009 Supplemental Appropriations In FY2009, an additional $25 million was provided for the Government Accountability Office in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). 1 Table 4 presents information on the legislative branch FY2009 appropriations and FY2010 budget requests. Available on the subcommittee’s website at http://appropriations.house.gov/Subcommittees/sub_leg.shtml. 3 Although requested and enacted levels are rounded throughout the report, percentages are based on the actual dollar figure. 4 P.L. 110-161, Dec. 26, 2007. This total includes an across-the-board rescission of 0.25% which was applied to accounts within the legislative branch division of the act. A conference report on H.R. 2764 was not issued. Representative David Obey, chairman of the House Appropriations Committee, inserted explanatory materials into the Congressional Record of December 17 providing detailed tables on the discretionary spending included in the bill. Information on the legislative branch was included on pages H16371-H16380. The House Appropriations Committee subsequently issued a committee print containing additional information on funding provided in the act (U.S. Congress, House Appropriations Committee, Consolidated Appropriations Act, 2008, H.R. 2764/Public Law 110-161, committee print, 110th Cong., 2nd sess. (Washington: GPO, 2008), pp. 1841-1907). 5 Section 4 of P.L. 111-8 states the following: “The explanatory statement regarding this Act, printed in the House of Representatives section of the Congressional Record on or about February 23, 2009 by the Chairman of the Committee on Appropriations of the House, shall have the same effect with respect to the allocation of funds and implementation of this Act as if it were a joint explanatory statement of a committee of conference.” Pages H2395-H2403 of the Congressional Record pertain to the legislative branch division of the FY2009 Omnibus. The House Appropriations Committee subsequently issued the statement as a committee print (U.S. Congress, House Appropriations Committee, Committee Print of the House Committee on Appropriations on H.R. 1105 / P.L. 111-8 Books 1 & 2, committee print, 111th Cong., 1st sess. (Washington: GPO, 2008), pp. 1737-1778). 2 Congressional Research Service 1 Legislative Branch: FY2010 Appropriations The House- and Senate-passed versions of H.R. 2346, the FY2009 Supplemental Appropriations Act, both contain $71.6 million for the new U.S. Capitol Police radio system. The Senate version also would provide $2 million for the Congressional Budget Office, to remain available until September 30, 2010, and authorize additional funds for the Senate Committee on the Judiciary. Introduction to the Legislative Branch Appropriations Bill Since FY2003, the annual legislative branch appropriations bill has usually contained two titles. Appropriations for legislative branch agencies are contained in Title I. These entities, as they have appeared in the annual appropriations bill, are the Senate; House of Representatives; Joint Items;6 Capitol Police; Office of Compliance; Congressional Budget Office; Architect of the Capitol, including the Capitol Visitor Center; Library of Congress, including the Congressional Research Service; Government Printing Office; Government Accountability Office; and Open World Leadership Program. Title II contains general administrative provisions and, from time to time, appropriations for legislative branch entities. For example, Title II of the FY2003 act, P.L. 108-7, contained funds for the John C. Stennis Center for Public Service Training and Development and for the Congressional Award Act. On occasion the bill may contain a third title for other provisions. For example, Title III of the FY2006 legislative branch appropriations act, P.L. 109-55, contained language providing for the continuity of representation in the House of Representatives in “extraordinary circumstances.” Prior to enactment of the FY2003 bill, and effective in FY1978, the legislative branch appropriations bill was structured differently. Title I, Congressional Operations, contained budget authority for activities directly serving Congress.7 Title II, Related Agencies, contained budget authority for activities considered by the Committee on Appropriations not directly supporting Congress.8 Occasionally, from FY1978 through FY2002, the annual legislative appropriations bill contained additional titles for such purposes as capital improvements and special one-time functions. 6 Funded within the Joint Items account are the Joint Economic Committee, Joint Committee on Taxation, Office of the Attending Physician, Office of Congressional Accessibility Services, and Statements of Appropriations. The Statement of Appropriations account funds preparation of appropriations statements for each calendar year. These statements contain enacted appropriations, indefinite appropriations, authorized contracts, and a history of annual appropriations required by law. From FY1996 through FY2009, the “Joint Items” also included the Capitol Guide Service and Special Services Office. Under the Capitol Visitor Center Act of 2008 (P.L. 110-437), funding for the Capitol Guide Service was transferred to the Architect of the Capitol and funding for the Special Services Office was transferred to the Office of Congressional Accessibility Services. 7 Included in this title were the budgets of the Senate; House of Representatives; Joint Items; Office of Compliance; Congressional Budget Office; Architect of the Capitol, except funds for Library of Congress buildings and grounds; Congressional Research Service, within the Library of Congress; and congressional printing and binding activities of the Government Printing Office. 8 Included in this title were the budgets of the Botanic Garden; Library of Congress (except the Congressional Research Service, which was funded in Title I); Library of Congress buildings and grounds maintained by the Architect of the Capitol; Government Printing Office (except congressional printing and binding costs, which were funded in Title I); and Government Accountability Office, formerly named the General Accounting Office. Congressional Research Service 2 Legislative Branch: FY2010 Appropriations Subcommittee Structure In both the 110th and 111th Congresses, the House Appropriations Committee established a Legislative Branch Subcommittee. The House subcommittee did not exist in the 109th Congress, and the full House committee considered the legislative branch bill, while the Senate established a subcommittee. 9 Previously, both the House and Senate Appropriations Committees generally had a separate Legislative Branch Subcommittee dating back at least to the Legislative Reorganization Act of 1946, with the exception of the 83rd Congress (1953-1954), during which the House and Senate Appropriations Committees established a subcommittee to consider both legislative and judiciary matters. The two chambers subsequently returned to the former practice of a separate Legislative Subcommittee beginning in the 84th Congress (1955).10 Table 1. Legislative Branch Appropriations, FY1999-FY2009 (budget authority in billions of current dollars) 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2.581a 2.486b 2.730c 3.252d 3.461e 3.528f 3.640g 3.793h 3.852i 3.970 4.402j Notes: These figures represent current dollars, exclude permanent budget authorities, and contain supplementals and rescissions. Permanent budget authorities are not included in the annual legislative branch appropriations bill but, rather, are automatically funded each year. a. Includes budget authority contained in the FY1999 Legislative Branch Appropriations Act (P.L. 105-275), the FY1999 emergency supplemental appropriation (P.L. 105-277), and the FY1999 supplemental appropriation (P.L. 106-31). b. Includes budget authority contained in the FY2000 Legislative Branch Appropriations Act (P.L. 106-57), a supplemental and a 0.38% rescission in P.L. 106-113, and supplementals in P.L. 106-246 and P.L. 106-554. c. This figure contains (1) FY2001 appropriations contained in H.R. 5657, legislative branch appropriations bill; (2) FY2001 supplemental appropriations of $118 million and a 0.22% across-the-board rescission contained in H.R. 5666, miscellaneous appropriations bill; and (3) FY2001 supplemental appropriations of $79.5 million contained in H.R. 2216 (P.L. 107-20). H.R. 5657 and H.R. 5666 were incorporated by reference in P.L. 106554, FY2001 Consolidated Appropriations Act. The first FY2001 legislative branch appropriations bill, H.R. 4516, was vetoed Oct. 30, 2000. The second legislative branch appropriations bill, H.R. 5657, was introduced Dec. 14, 2000, and incorporated in P.L. 106-554. This figure does not reflect any terrorism supplemental funds released pursuant to P.L. 107-38. d. This figure contains appropriations in P.L. 107-68, transfers from the legislative branch emergency response fund pursuant to P.L. 107-117, and FY2002 supplemental appropriations in P.L. 107-206. e. This figure contains appropriations in P.L. 108-7, FY2003 Omnibus Appropriations Act, and supplemental appropriations in P.L. 108-11. f. This figure contains appropriations in P.L. 108-83, FY2004 Legislative Branch Appropriations Act. Additional FY2004 provisions which did not contain appropriations were contained in P.L. 108-199, the FY2004 Consolidated Appropriations Act. 9 Under a House Appropriations Committee reorganization plan released on February 9, 2005, the subcommittee was abolished and its jurisdiction assumed by the full Appropriations Committee. Although changes were made in the structure of the Senate Committee on Appropriations, announced in March 2005, the Subcommittee on Legislative Branch was retained. Under a reorganization plan announced by the House Appropriations Committee on January 4, 2007, the House Subcommittee on Legislative Branch was reestablished for the 110th Congress. 10 For additional information on the subcommittee structure, see CRS Report RL31572, Appropriations Subcommittee Structure: History of Changes from 1920-2007, by James V. Saturno. Congressional Research Service 3 Legislative Branch: FY2010 Appropriations g. This figure contains appropriations in P.L. 108-447, Consolidated Appropriations Act, FY2005 (adjusted by a 0.80% rescission also contained in P.L. 108-447), and P.L. 109-13, FY2005 Emergency Supplemental. h. This figure contains appropriations in P.L. 109-55, FY2006 Legislative Branch Appropriations Act (adjusted by a 1.0% rescission contained in P.L. 109-148) and the FY2006 Emergency Supplemental Appropriations Act (P.L. 109-234). i. This figure contains appropriations in P.L. 110-5, the Revised Continuing Appropriations Resolution, 2007, and P.L. 110-28, the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007. j. This represents the FY2009 level included in the FY2009 Omnibus Appropriations Act and reported in the accompanying documents. This does not include $25 million for the legislative branch contained in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). Status of FY2010 Appropriations Table 2. Status of Legislative Branch Appropriations, FY2010 Committee Markup House Senate Conference Report Approval House Report House Passage Senate Report Senate Passage Conference Report House Senate Public Law Action on the FY2010 Legislative Branch Appropriations Bill Submission of FY2010 Budget Request on May 8, 200911 The FY2010 U.S. Budget contained a request for $5.0 billion in new budget authority for legislative branch activities, an increase of approximately 14.5% from the FY2009 enacted level. 12 A substantial portion of the increase requested by legislative branch entities was to meet (1) mandatory expenses, which include funding for annual salary adjustments required by law and related personnel expenses, such as increased government contributions to retirement based on increased pay, and (2) expenses related to increases in the costs of goods and services due to inflation. Senate and House Hearings on the FY2010 Budget Table 3 lists the dates of hearings of the legislative branch subcommittees in 2009. 11 For information on the timing of the budget submission, see CRS Report RS20752, Submission of the President’s Budget in Transition Years, by Robert Keith. 12 Office of Management and Budget, Analytical Perspectives, Budget of the United States Government, FY2010, Table 27-1—Federal Programs by Agency and Account (Washington: GPO, 2009), pp. 1-6; and Office of Management and Budget, Summary Tables, Budget of the United States Government, FY2010, Table S—3. Discretionary Funding by Major Agency (Washington: GPO, 2008), p. 141. These requests are “included in the budget by the President without change” (31 U.S.C. §1105). Congressional Research Service 4 Legislative Branch: FY2010 Appropriations Table 3. Dates of House and Senate Hearings on Legislative Branch Requests House of Representatives Senate Sergeant at Arms/Secretary of the Senate — Senate April 23, 2009 House of Representatives May 6, 2009 — Capitol Police April 22, 2009 April 23, 2009 Office of Compliance April 28, 2009 May 7, 2009 Congressional Budget Office April 23, 2009 May 21, 2009 Architect of the Capitol April 23, 2009 May 7, 2009 Library of Congress, including the Congressional Research Service April 29, 2009 June 4, 2009 Government Printing Office April 28, 2009 May 21, 2009 Government Accountability Office April 28, 2009 May 21, 2009 Open World Leadership Center April 29, 2009 June 4, 2009 Members/Public Witnesses May 5, 2009 Source: Congressional Research Service FY2010 Legislative Branch Funding Issues Senate Overall Funding The Senate requested $1.009 billion for its internal operations, an increase of $114.2 million, or 12.8%, over the FY2009 level. FY2010 requests and FY2009 funding levels for headings within the Senate account are presented in Table 7. Senate Committee Funding Appropriations for Senate committees are contained in two accounts:13 • The inquiries and investigations account contains funds for all Senate committees except Appropriations. The request contains $172.99 million for inquiries and investigations, an increase of 25.9% from the $137.4 million provided in FY2009. • The Committee on Appropriations account, for which $15.84 million was requested, an increase of $644,000, or 4.2%. 13 For additional information on committee funding, see CRS Report R40424, Senate Committee Expenditures Resolutions, 111th Congress, and Funding Authorizations, 104th – 110th Congresses, by R. Eric Petersen. Congressional Research Service 5 Legislative Branch: FY2010 Appropriations Senators’ Official Personnel and Office Expense Account The Senators’ Official Personnel and Office Expense Account provides each Senator with funds to administer an office. It consists of an administrative and clerical assistance allowance, a legislative assistance allowance, and an official office expense allowance. The funds may be interchanged by the Senator, subject to limitations on official mail. A total of $450.8 million was included in the request, which is 12.7% more than the $400.0 million provided in FY2009. House of Representatives Overall Funding The FY2010 request contains $1.497 billion in budget authority for internal operations of the House, an increase of 15.05% ($195.78 million) over the budget authority provided in the FY2009 Consolidated Appropriations Act. FY2010 requests and FY2009 funding levels for headings in the House of Representatives account are presented in Table 8. House Committee Funding Funding for House committees is contained in the appropriation heading “committee employees,” which comprises two subheadings.14 The first subheading contains funds for personnel and nonpersonnel expenses of House committees, except the Appropriations Committee, as authorized by the House in a committee expense resolution. The FY2010 request contains $175.2 million, a 13.8% increase over the $154.0 million provided in the FY2009 Omnibus Appropriations Act. The second subheading contains funds for the personnel and nonpersonnel expenses of the Committee on Appropriations, for which $33.3 million was provided, an increase of 6.4% over the FY2009 level of $31.3 million. Members’ Representational Allowance The Members’ Representational Allowance (MRA) is available to support Members in their official and representational duties. The FY2010 request contains $699.3 million, a 14.8% increase over the $609.0 million provided in the FY2009 Omnibus. The FY2009 level represented an increase of 5.1% from the $579.5 million provided in the FY2008 Consolidated Appropriations Act. 14 For additional information on committee funding, CRS Report R40204, House Committee Funding, 111th Congress, by R. Eric Petersen. Congressional Research Service 6 Legislative Branch: FY2010 Appropriations Green the Capitol Initiative15 The Green the Capitol Initiative was created in March 2007, when Speaker Nancy Pelosi, Majority Leader Steny Hoyer, and the chair of the Committee on House Administration, the late Representative Juanita Millender-McDonald, asked the Chief Administrative Officer (CAO) of the House, Daniel Beard, to provide an “environmentally responsible and healthy working environment for employees.”16 For FY2008, $3.27 million was requested to implement the Green the Capitol Initiative, which included $100,000 in the Architect of the Capitol’s House office buildings account for new light bulbs and $500,000 in the Capitol Grounds section of the report for an E-85 gasoline pump. 17 The FY2008 Consolidated Appropriations Act provided $3.9 million for new “green” initiatives, including $100,000 for the House Office Buildings account, $500,000 for the Capitol Grounds account, and $3.27 million for the Capitol Power Plant.18 In addition, the FY2008 Consolidated Appropriations Act included an amendment to 2 U.S.C. § 117m(b), which governs the operation of the House Services Revolving Fund, allowing the CAO to use the revolving fund for environmental activities, including energy and water conservation, in buildings, facilities, and grounds under his jurisdiction.19 For FY2009, the CAO requested $2 million for the Green the Capitol Initiative.20 Although not specifically addressed in P.L. 111-8 or the explanatory statement, the program received $1 million according to the House Committee on Appropriations press release.21 The FY2010 request contains $10 million for energy demonstration projects. Support Agency Funding U.S. Capitol Police The FY2010 request and FY2009 funding level is presented in Table 5. 15 This section on the “Green the Capitol Initiative” was contributed by Jacob R. Straus, Analyst on the Congress, Government and Finance Division. For additional information, see CRS Report RL34694, Administering Green Programs in Congress: Issues and Options, by Jacob R. Straus. 16 U.S. Congress, Chief Administrative Officer, Green the Capitol Initiative Final Report, 110th Cong., 1st sess. http://cao.house.gov/greenthecapitol/green-the-capitol-final-report.pdf. 17 U.S. Congress, House Committee on Appropriations, Legislative Branch Appropriations, 2008, report to accompany H.R. 2771, 110th Cong., 1st sess., H.Rept. 110-198 (Washington: GPO, 2007), p. 59. For additional information on this fuel, see CRS Report RL33290, Fuel Ethanol: Background and Public Policy Issues, by Brent D. Yacobucci. 18 The funds were provided in P.L. 110-161, 121 Stat. 1844, Dec. 26, 2007. See also, U.S. Congress, House Committee on Appropriations, Consolidated Appropriations Act, 2008, committee print, 110th Cong., 1st sess. (Washington: GPO, 2008), pp. 1887-1888. 19 The amendment to 2 U.S.C. § 121m was provided in P.L. 110-161, 121 Stat. 2225, Dec. 26, 2007. 20 Justification of Budget Estimates, in U.S. Congress, House Committee on Appropriations, Subcommittee on the Legislative Branch, Legislative Branch Appropriations for 2009, hearings, part 1, 110th Cong., 2nd sess. (Washington: GPO, 2008), p. 100. 21 Available at http://appropriations.house.gov/pdf/LBFY0902-23-09.pdf. Congressional Research Service 7 Legislative Branch: FY2010 Appropriations The Capitol Police originally requested $410.1 million for FY2010, including $71.6 million for a new radio system, although funding for that project was subsequently included in the FY2009 supplemental request and in H.R. 2346, the pending FY2009 Supplemental Appropriations Act.22 The remaining $338.5 million request, not including the radio project, represents a 10.7% increase over the $305.75 million provided in the FY2009 Omnibus. The FY2009 Omnibus provided an 8.5% increase over the $281.9 million provided in the FY2008 Consolidated Appropriations Act, which represented an increase of 6.1% over the $265.6 million (including supplemental appropriations) provided in FY2007. Appropriations for the police are contained in two accounts—a salaries account and a general expenses account. The salaries account contains funds for the salaries of employees; overtime pay; hazardous duty pay differential; and government contributions for employee health, retirement, Social Security, professional liability insurance, and other benefit programs. The general expenses account contains funds for expenses of vehicles; communications equipment; security equipment and its installation; dignitary protection; intelligence analysis; hazardous material response; uniforms; weapons; training programs; medical, forensic, and communications services; travel; relocation of instructors for the Federal Law Enforcement Training Center; and other administrative and technical support, among other expenses. The Capitol Police budget authority includes $268.7 million for salaries (an increase of 8.3% over the amount provided for FY2009) and $141.4 million for general expenses (an increase of 144.8%), although this number is inclusive of the radio project. A second appropriation relating to the Capitol Police appears within the Architect of the Capitol account for Capitol Police buildings and grounds. The Architect requested $30.77 million, an increase of 62% from the nearly $19 million provided in FY2009. The FY2009 level was a 27.2% increase over the $14.9 million provided in FY2008. Highlights of the House and Senate Hearings on the U.S. Capitol Police The cost of the new radio system was discussed at length at both the House and Senate hearings. Topics addressed included the final cost of the project, as well as increases from previous projections, the appropriate timing of funding, the expected life of the new system, and competitive bidding for the radio contract. The House also discussed a number of staffing concerns, including the impact of new FTEs (full-time equivalents) and the opening of the CVC on overtime compensation, and the implementation of recommendations from a recent manpower study. Architect of the Capitol The Architect of the Capitol (AOC) is responsible for the maintenance, operation, development, and preservation of the United States Capitol Complex, which includes the Capitol and its grounds, House and Senate office buildings, Library of Congress buildings and grounds, Capitol Power Plant, Botanic Garden, Capitol Visitor Center, and Capitol Police buildings and grounds. 22 The request is available at http://www.whitehouse.gov/omb/assets/budget_amendments/supplemental_04_09_09.pdf. Congressional Research Service 8 Legislative Branch: FY2010 Appropriations The Architect is responsible for the Supreme Court buildings and grounds, but appropriations for their expenses are not contained in the legislative branch appropriations bill. Overall Funding Levels Operations of the Architect are funded in the following ten accounts: general administration, Capitol building, Capitol grounds, Senate office buildings, House office buildings, Capitol power plant, Library buildings and grounds, Capitol Police buildings and grounds, Capitol Visitor Center, and Botanic Garden. The Architect of the Capitol (AOC) requested $644.6 million for FY2010, a 21.7% increase from the $529.6 million provided in the FY2009 Omnibus. The FY2009 level represented an increase of $116.1 million (28%) over the FY2008 level of $413.5 million, while the AOC had requested $642.7 million in new budget authority, a 55.4% increase. The FY2008 budget authority had represented a decrease of 8.1% from the $449.9 million (including supplemental appropriations) provided in FY2007. The FY2010 request and FY2009 funding level for each of the AOC accounts is presented in Table 6. Capitol Visitor Center (CVC) 23 The AOC requested $24.56 million for FY2010 for the operations of the Capitol Visitor Center (CVC). This represents a decrease of nearly 39% from the total funding provided in FY2009, which included $31.1 million for the CVC project and $9.1 million for operational costs. The CVC opened to the public on December 2, 2008. Capitol Power Plant Utility Tunnels24 The condition of the Capitol Power Plant utility tunnels, and the funds necessary to repair them, have been discussed during appropriations hearings in recent fiscal years. The funding for repairs follows a complaint issued February 28, 2006, by the Office of Compliance regarding health and safety violations in the tunnels. The Office of Compliance had previously issued a citation due to the condition of the tunnels on December 7, 2000. On November 16, 2006, the Government Accountability Office (GAO) wrote a letter to the chair and ranking minority members of the Senate Committee on Appropriations, Subcommittee on the Legislative Branch, and the House Committee on Appropriations, examining the conditions of the tunnels, plans for improving conditions, and efforts to address workers’ concerns.25 Potential hazards identified by the Office of Compliance and GAO include excessive heat, asbestos, falling concrete, lack of adequate 23 For additional information on the Capitol Visitor Center, see CRS Report RL31121, The Capitol Visitor Center: An Overview, by Stephen W. Stathis. 24 For additional information, see CRS Report R40563, Capitol Power Plant Utility Tunnels: Background and Oversight Options, by Jacob R. Straus and CRS Report R40433, The Capitol Power Plant: Background and Greening Options, by Jacob R. Straus and Paul W. Parfomak. 25 U.S. Government Accountability Office, Capitol Power Plant Utility Tunnels, GAO-07-227R, Nov. 16, 2006, available at http://www.gao.gov/new.items/d07227r.pdf. Congressional Research Service 9 Legislative Branch: FY2010 Appropriations egress, and insufficient communication systems. In May 2007, the Architect of the Capitol and the Office of Compliance announced a settlement agreement for the complaint and citations. Steps necessary to remedy the situation, as well as the actions and roles of the Architect of the Capitol and the Office of Compliance, have been discussed at multiple hearings of the House and Senate Appropriations Committees since 2006. Other committees have also expressed concern about the utility tunnels and allegations of unsafe working conditions. For example, the Senate Committee on Health, Education, Labor and Pensions, Subcommittee on Employment and Workplace Safety, heard testimony on tunnel safety during a March 1, 2007, hearing on the effects of asbestos. Following the complaint by the Office of Compliance, Congress provided $27.6 million in FY2006 emergency supplemental appropriations to the Architect of the Capitol for Capitol Power Plant repairs,26 and an additional $50 million was provided in emergency supplemental appropriations for FY2007.27 The Architect of the Capitol had requested $24.77 million for FY2008.28 This request, which was submitted prior to the provision of funds in the May 2007 emergency supplemental appropriations act, was not supported by either the House or Senate Appropriations Committee. 29 According to the explanatory statement produced by the Committee on Appropriations, the FY2009 Omnibus provides $56.4 million for the tunnel program.30 The Architect had requested $126.65 million to meet the terms of the settlement agreement. AOC indicated in its budget justification that “the bulk of this work will begin in early calendar year 2009, and will extend through the spring of 2011.”31 The FY2010 budget request contains $45.77 million for the tunnel program. The current plan requires all corrective measures to be completed by June 11, 2012. During the House hearing on April 23, 2009, the Acting Architect testified that the utility tunnel abatement project is ahead of schedule and under budget, with a new projected total cost of $186 million. 26 P.L. 109-234, 120 Stat. 48, June 15, 2006. The funding was included as an amendment (S.Amdt. 3701) offered during Senate floor consideration of H.R. 4939, the emergency supplemental appropriations bill. The amendment was agreed to in the Senate by voice vote on April 27, 2006. The language was retained by conferees, whose report was agreed to by the House on June 13, and the Senate on June 15, 2006. 27 P.L. 110-28, 121 Stat. 112, May 25, 2007. 28 Justification of Budget Estimates, in U.S. Congress, House Committee on Appropriations, Subcommittee on the Legislative Branch, Legislative Branch Appropriations for 2008, hearings, part 1, 110th Cong., 1st sess. (Washington: GPO, 2007), p. 521. 29 U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations, 2008, report to accompany S. 1686, 110th Cong., 1st sess., S.Rept. 110-89 (Washington: GPO, 2007), p. 30; U.S. Congress, House Committee on Appropriations, Legislative Branch Appropriations, 2008, report to accompany H.R. 2771, 110th Cong., 1st sess., H.Rept. 110-198 (Washington: GPO, 2007), p. 20. 30 Congressional Record, Feb. 23, 2009, p. H2396. 31 Justification of Budget Estimates, in U.S. Congress, House Committee on Appropriations, Subcommittee on the Legislative Branch, Legislative Branch Appropriations for 2009, hearings, part 1, 110th Cong., 2nd sess. (Washington: GPO, 2008), p. 418. Congressional Research Service 10 Legislative Branch: FY2010 Appropriations Administrative Provisions The FY2010 budget request includes language, some of which was revised or resubmitted from the FY2009 request, that would 1. grant the AOC authority to implement specified procedures established in the Federal Acquisition Streamlining Act; 2. allow the AOC to retain proceeds from the lease of its facilities to commercial entities; 3. allow the AOC to enter into multi-year leases; 4. allow the AOC to incur expenses and accept donations related to in certain emergencies, as determined by the Capitol Police Board; 5. allow the AOC to retain funds from energy and water savings for other conservation projects; 6. authorize the AOC to dispose of, and retain receipts from the sale of, surplus or obsolete property; 7. establish an AOC Senior Executive Service; 8. continue a flexible work schedule program; 9. amend the statute governing the authority for death gratuities for survivors of AOC employees; 10. provide early retirement authority; 11. authorize the hiring of disabled veterans through a non-competitive process; 12. provide for the acceptance of voluntary student services; 13. allow the AOC to enter into agreements with private entities for the benefit of the Botanic Garden; and 14. extend the Capitol grounds to include an additional parcel of D.C. that is now used for AOC and USCP parking.32 Highlights of the House and Senate Hearings on the Architect of the Capitol At the House hearing on April 23, 2009, the subcommittee discussed the condition of buildings around the Capitol Complex and deferred-maintenance issues, with a particular focus on the House garages and repairs to the plumbing, roof, electrical equipment, and exterior stone of the Cannon House Office Building. Shortly after the hearing, on May 6, 2009, the Committee on House Administration held a hearing on the conditions of the House Office Buildings.33 32 Justification of Budget Estimates, in U.S. Congress, House Committee on Appropriations, Subcommittee on the Legislative Branch, Legislative Branch Appropriations for 2009, hearings, part 1, 111th Cong., 1st sess. (Washington: GPO, 2009), pp. 458-477. 33 Additional information on the hearing, including a webcast and printed opening statements, is available on the committee’s website at http://cha.house.gov/view_hearing.aspx?r=49. Congressional Research Service 11 Legislative Branch: FY2010 Appropriations Topics at the Senate hearing on May 7, 2009, included the percentage of the AOC budget that is requested to respond to citations issued by the Office of Compliance and long-term plans for the Capitol Power Plant. At both the House and Senate hearings, Members discussed the Architect’s “greening” programs, including projects at the Capitol Power Plant, the application of the Energy Independence and Security Act of 2007 to the legislative branch, and efforts to meet the requirements of this act. Congressional Budget Office (CBO) CBO is a nonpartisan congressional agency created to provide objective economic and budgetary analysis to Congress. CBO cost estimates are required for any measure reported by a regular or conference committee that may vary revenues or expenditures.34 CBO requested $46.4 million for FY2010, a 5.2% increase from the $44.1 million provided in the FY2009 Omnibus. The FY2009 level represented an increase of $6.8 million (18.2%) over the $37.3 million provided in the FY2008 Consolidated Appropriations Act. Highlights of the House Hearing on the FY2010 Budget of the CBO CBO Director Douglas Elmendorf testified that the agency is requesting 254 FTEs for FY2010, an increase of 4 FTEs from the FY2009 approved level. He indicated that CBO may not reach the maximum authorized level this year since the hiring process has been slow and the final level was not approved until the fiscal year was underway. The subcommittee discussed CBO’s hiring process, with questions about diversity as well as challenges in competing for talent and the starting salary for CBO analysts. As with many legislative branch agencies, CBO indicated that lack of space is a concern. Library of Congress (LOC) The Library of Congress provides research support for Congress through a wide range of services, from research on public policy issues to general information. Among its major programs are acquisitions, preservation, legal research for Congress and other federal entities, administration of U.S. copyright laws by the Copyright Office, research and analysis of policy issues by the Congressional Research Service, and administration of a national program to provide reading material to the blind and physically handicapped. The Library also maintains a number of collections and provides a range of services to libraries in the United States and abroad. The Library requested $658.4 million for FY2010, an 8.5% increase over the FY2009 Omnibus level of $607.1 million.35 The FY2009 level represented an increase of approximately 7.8% over 34 The Congressional Budget Office is required to use estimates provided by the Joint Committee on Taxation for all revenue legislation (Balanced Budget and Emergency Deficit Control Act of 1985, P.L. 99-177, sec. 273, 99 Stat.1098, Dec. 12, 1985; 2 U.S.C. §621 (et seq.)). 35 This percentage is not adjusted for non-recurring costs, including the transfer of the Library of Congress Police to the Capitol Police. Congressional Research Service 12 Legislative Branch: FY2010 Appropriations the $563 million provided in the FY2008 Consolidated Appropriations Act. These figures do not include additional authority to spend receipts.36 The FY2010 budget contains the following heading requests: • salaries and expenses—$452.2 million, plus authority to spend $6.35 million in receipts. This would be an increase of 9.6% over the FY2009 level of $412.7 million. • Copyright Office—$20.9 million (not including $34.6 million in receipts). This would be a 14.2% increase over the $18.3 million (not including authority to spend $33.3 million in receipts) provided in FY2009. • Congressional Research Service—$115.1 million, a 7.3% increase over the $107.3 million provided in FY2009. • Books for the Blind and Physically Handicapped—$70.2 million. This represents almost 2% over the FY2009 level of $68.8 million provided in FY2009. An additional $69.1 million was included in the Architect’s FY2010 budget for Library buildings and grounds. This level is 76.9% more than the FY2009 enacted level of $39.1 million. Congressional Research Service (CRS) CRS works exclusively for Members and committees of Congress to support their legislative, oversight, and representational functions by providing nonpartisan and confidential research and policy analysis. CRS requested $115.1 million for FY2010, a 7.3% increase from the $107.3 million provided for FY2009. The FY2009 level represented a 4.9% increase over the $102.3 million provided in the FY2008 Consolidated Appropriations Act. Highlights of the House and Senate Hearings on FY2010 Budget of the LOC, Including CRS The House subcommittee discussed the Library’s budget request on April 29, 2009. Among the topics discussed were (1) the backlog in processing new registrations at the copyright office; (2) the budget of the Law Library and the potential for it to attract private funding; (3) the history and cost of the digital talking book initiative; (4) the completion of the merger between the Capitol Police and Library of Congress police by the end of FY2009; (5) the Library’s storage capacity and how it determines what needs to be preserved and the accessibility of items at the main Library buildings and in remote storage; (6) the establishment of a new management structure at CRS, including the recruitment and background of new managers; and (7) CRS products, including a discussion of format and electronic availability. At its hearing on June 4, 2009, the Senate subcommittee also discussed the backlog in copyright processing, new information technology requests, and the status of the digital talking book initiative. Additionally, the Senate subcommittee asked questions about the Library’s overseas 36 An example of receipts are fees paid to the LOC for copyright registration. Congressional Research Service 13 Legislative Branch: FY2010 Appropriations offices, including the history and need for the foreign books acquisition program, costs for the Library and shared costs with program participants, and security costs assessed by the State Department. The subcommittee also examined the Library’s request for storage modules in Ft. Meade, MD, including funds to relocate parts of the collection to Modules #3 and #4 and construct Module #5, and discussed interest in the private sector to help fund the law library. The Librarian of Congress, Dr. James H. Billington, indicated that the Library has been working with the Committee on House Administration on new language that would encourage outside funding for the law library. On June 10, 2009, the House Administration Committee ordered reported with amendments H.R. 2728, the William Orton Law Library Improvement and Modernization Act. Administrative Provisions The Library requested a number of administrative provisions for FY2010, which would provide 1. regular authority to obligate funds for reimbursable and revolving fund activities; 2. transfer authority among Library of Congress headings; 3. an increase in the cap on the rate of pay for temporary experts and consultants to Level IV of the Executive Schedule ($153,200 in 2009); 4. revisions to the Library of Congress gift authority provisions to allow the Librarian to directly accept certain gifts; and, 5. a clarification of the pay authorities related to senior-level Library employees following the enactment of the Senior Professional Performance Act of 2008 (P.L. 110-372) and leave carryover provisions for statutory positions following the enactment of the FY2008 National Defense Authorization Act (P.L. 110-181). Government Accountability Office (GAO) GAO works for Congress by responding to requests for studies of federal government programs and expenditures. GAO may also initiate its own work. 37 Formerly the General Accounting Office, the agency was renamed the Government Accountability Office effective July 7, 2004. GAO requested nearly $567.5 million for FY2010. Previously, the FY2009 Omnibus provided $531.0 million for GAO, not including offsetting collections. 38 GAO also received $25 million to cover responsibilities under the American Recovery and Reinvestment Act of 2009. Highlights of House Hearing on FY2009 Budget of the GAO The House subcommittee discussed the $25 million provided to GAO under the American Recovery and Reinvestment Act of 2009,39 asking if the funding was sufficient to cover GAO’s responsibilities under the act. The subcommittee also discussed congressional understanding of GAO’s workload and the costs associated with requests and reports. While some statutory 37 GAO’s guidelines for initiating studies are contained in U.S. Government Accountability Office, GAO’s Congressional Protocols, GAO-04-310G (Washington: GAO, 2004). Posted on the website of the Government Accountability Office at http://www.gao.gov/special.pubs/d04310g.pdf. 38 Offsetting collections include funds derived from reimbursable audits and rental of space in the GAO building. 39 P.L. 111-5, Feb. 17, 2009. Congressional Research Service 14 Legislative Branch: FY2010 Appropriations provisions requiring GAO reports were repealed in the FY2009 Omnibus, the Acting Comptroller General stated additional provisions may be outdated. The subcommittee also addressed a number of employment-related issues, including the establishment of the GAO employee union and its current relationship with GAO management, succession planning, and the role of the GAO internship program in recruitment and retention. Government Printing Office (GPO) The Government Printing Office requested $166.3 million for FY2010, an increase of 18.3% over the $140.6 million provided in the FY2009 Omnibus. The FY2009 level represented an increase of 12.7% over the $124.7 million provided in the FY2008 Consolidated Appropriations Act. GPO’s budget authority is contained in three accounts: (1) congressional printing and binding, (2) Office of Superintendent of Documents (salaries and expenses), and (3) the revolving fund. FY2009 levels for these accounts are • congressional printing and binding—GPO requested $93.3 million, a decrease of 3.7% from the $96.8 million provided in FY2009. GPO testified that the reduced request was achievable because of the elimination of a shortfall in this account through funds provided in FY2009.40 • Office of Superintendent of Documents (salaries and expenses)—GPO requested $40.9 million, an increase of 5.6% from the $38.7 million provided in FY2009. The FY2009 level represented an increase of nearly 11% from the $34.9 million provided in the Consolidated Appropriations Act. • revolving fund—GPO requested $32.1 million. In FY2009, GPO received nearly $5 million for the revolving fund and had requested $33 million. The FY2008 Consolidated Appropriations Act did not include an appropriation for the revolving fund. The congressional printing and binding account pays for expenses of printing and binding required for congressional use, and for statutorily authorized printing, binding, and distribution of government publications for specified recipients at no charge. Included within these publications are the Congressional Record; Congressional Directory; Senate and House Journals; memorial addresses of Members; nominations; U.S. Code and supplements; serial sets; publications printed without a document or report number, for example, laws and treaties; envelopes provided to Members of Congress for the mailing of documents; House and Senate business and committee calendars; bills, resolutions, and amendments; committee reports and prints; committee hearings; and other documents. The Office of Superintendent of Documents account funds the mailing of government documents for Members of Congress and federal agencies, as statutorily authorized; the compilation of catalogs and indexes of government publications; and the cataloging, indexing, and distribution of government publications to the Federal Depository and International Exchange libraries, and to other individuals and entities, as authorized by law. 40 The elimination of this deficit is noted in the FY2009 explanatory statement: Congressional Record, Feb. 23, 2009, p. H2397. Congressional Research Service 15 Legislative Branch: FY2010 Appropriations Highlights of House Hearing on FY2010 Budget of the GPO At the House hearing on April 28, 2009, Members of the subcommittee asked about the number of “equal employment opportunity” (EEO) complaints at GPO. The Chair asked Public Printer Robert C. Tapella to update a report required last year on the number of active EEO cases and compare this level to complaints at other federal agencies. Stating that approximately 25% of GPO employees are eligible for retirement, the Public Printer also discussed succession planning and recruitment and retention issues. Office of Compliance The Office of Compliance is an independent and nonpartisan agency within the legislative branch. It was established to administer and enforce the Congressional Accountability Act, which was enacted in 1995.41 The act applies various employment and workplace safety laws to Congress and certain legislative branch entities. 42 The Office of Compliance requested $4.47 million for FY2010, an increase of nearly 10% from the $4.1 million provided in the FY2009 Omnibus. The FY2009 level represented an increase of 21.8% over the FY2008 level of $3.3 million, which was an increase of 6.5% over the $3.1 million made available in FY2007. Both the House and Senate subcommittees discussed the office’s request for a new position to replace a Department of Labor detailee whose service to the office will be ending as well as progress on ameliorating conditions in the Capitol Power Plant utility tunnels. The House requested a report on the scope of any health and life-safety problems around the Capitol Complex and the efforts to address them, including the current number of infrastructure citations. The violations cited by the office were also discussed in the Senate, with Members asking for a comparison to standards in the executive branch, the applicability of these standards to historic and closely-monitored buildings, the costs associated with resolving the violations, and the timing of any renovations and coordination with other planned or required renovations. Open World Leadership Center The center administers a program that supports democratic changes in other countries by giving their leaders opportunity to observe democracy and free enterprise in the United States. The first program was authorized by Congress in 1999 to support the relationship between Russia and the United States. The program encouraged young federal and local Russian leaders to visit the United States and observe its government and society. 41 P.L. 104-1, 109 Stat. 3, Jan. 23, 1995. The act, as amended, applies 12 civil rights, labor, and workplace safety laws to Congress and certain legislative branch agencies. These laws are the Age Discrimination in Employment Act, Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, Employee Polygraph Protection Act, Fair Labor Standards Act, Family and Medical Leave Act, Federal Services Labor-Management Relations Act, Occupational Safety and Health Act of 1970, Rehabilitation Act of 1970, Veterans’ employment and reemployment rights at Chapter 43 of Title 38 of the U.S. Code, Worker Adjustment and Retraining Act, and Veterans Employment Opportunities Act. 42 Among the office’s activities are administration of a dispute resolution process, investigation and enforcement of occupational safety and health and disability provisions of the act, investigation of labor relations and enforcement of applicable provisions, and development of educational programs regarding the act’s provisions. Congressional Research Service 16 Legislative Branch: FY2010 Appropriations Established at the Library of Congress as the Center for Russian Leadership Development in 2000, the center was renamed the Open World Leadership Center in 2003, when the program was expanded to include specified additional countries.43 In 2004, Congress further extended the program’s eligibility to other countries designated by the center’s board of trustees, subject to congressional consideration. 44 The center is housed in the Library and receives services from the Library through an inter-agency agreement. The FY2010 budget contains a request for nearly $14.5 million for Open World, a 4% increase over the $13.90 million provided in the FY2009 Omnibus. In FY2008, Open World received $8.98 million in budget authority, a decrease of 35% from the $13.86 million provided in FY2007 and FY2006. Open World also requested an administrative provision, which was included in amendments to the FY2010 budget request transmitted by the President on May 21, 2009.45 The proposed language would (1) amend the Board membership to specify that the four appointees of the President pro tempore and Speaker shall be Members of the Senate and House of Representatives; (2) amend the language in the “purpose” section to recognize that the program now exists outside Russia and to authorize the Center to engage program alumni in additional activities; (3) authorize the provision of grants to organizations outside of the United States; (4) authorize the use of funds to engage alumni in program activities outside of the United States; (5) authorize the Librarian to appoint the Executive Director on behalf of the Board; and (6) allow the Librarian, rather than the Secretary of State, to waive annuity restrictions for reemployment in Center positions. Discussion of Location of Open World The location of Open World at the Library of Congress, as well as its inclusion in the legislative branch budget, has been a topic of discussion at appropriations hearings in recent fiscal years. As in previous years, the House Legislative Branch Subcommittee examined whether the program should be located within the legislative branch at the Library of Congress, within the judiciary, or within the executive branch at the State Department, during a FY2010 budget hearing on April 29, 2009. Previously, during a hearing on the FY2009 budget, Ambassador John O’Keefe, the executive director of Open World, testified that the program may attract different participants if associated with the executive branch rather than the Library of Congress. 46 The FY2009 explanatory 43 P.L. 106-554, 114 Stat. 2763, 2763A-120, Dec. 21, 2000; P.L. 108-7, 117 Stat. 382, Feb. 20, 2003. According to the 2003 act, the additional countries include “any country specified in section 3 of the FREEDOM Support Act (22 U.S.C. 5801),” and “Estonia, Latvia, and Lithuania.” The countries specified in 22 U.S.C. 5801 are Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. 44 P.L. 108-447, 118 Stat. 3192, Dec. 8, 2004. 45 Available at http://www.whitehouse.gov/omb/assets/budget_amendments/amendment_05_21_09.pdf. 46 Testimony of Ambassador John O’Keefe, executive director, U.S. Congress, House Committee on Appropriations, Subcommittee on the Legislative Branch, Legislative Branch Appropriations for 2009, hearings, 110th Cong., 2nd sess., March 12, 2008 (Washington: GPO, 2008), pp. 359-420. Congressional Research Service 17 Legislative Branch: FY2010 Appropriations statement directed the Open World Leadership Center Board of Trustees to work with the State Department and the Judiciary to establish a shared funding mechanism. 47 The subcommittee also had discussed this issue during the FY2008 appropriations cycle,48 and language was included in the FY2008 Consolidated Appropriations Act requiring Open World to prepare a report by March 31, 2008, on “potential options for transfer of the Open World Leadership Center to a department or agency in the executive branch, establishment of the Center as an independent agency in the executive branch, or other appropriate options.”49 John B. Stennis Center for Public Service Training and Development The center was created by Congress in 1988 to encourage public service by congressional staff through training and development programs. The FY2009 budget contains a request for $430,000 for the Stennis Center. The FY2009 Omnibus provided $430,000, which was equal to the request as well as the amount contained in the FY2008 House-passed bill and the Senate-reported bill. The FY2008 Consolidated Appropriations Act provided $429,000, including a rescission. The FY2010 requested level also equals the budget authority provided in FY2006 and FY2007. Technology Assessments for Congress50 Since the closure of the Office of Technology Assessment (OTA), which was a legislative branch agency established in 1972 and last funded in FY1996,51 congressional appropriators have periodically reexamined funding for scientific studies by the legislative branch. 52 In recent Congresses, some Members have expressed support for the refunding of OTA through the distribution of “Dear Colleague” letters53 and the introduction of legislation.54 Other Members 47 Congressional Record, Feb. 23, 2009, p. H2398. In H.R. 2771 (110th Cong.), the House-passed version of the FY2008 appropriations bill, the House Appropriations Committee recommended $6 million for Open World. The committee report stated that an additional $6 million would be provided for transfer to the program in the FY2008 State, Foreign Operations, and Related Programs appropriation. The House-passed bill, which retained the committee-recommended funding level, also contained an administrative provision transferring the Open World Leadership Center to the Department of State effective October 1, 2008. The Senate-reported bill (S. 1686, 110th Cong.) would have provided $13.5 million in new budget authority for Open World. 49 P.L. 110-161, 121 Stat. 2251, Dec. 26, 2007. 50 For additional information, see CRS Report RS21586, Technology Assessment in Congress: History and Legislative Options, by Genevieve J. Knezo. 51 P.L. 92-484, Oct. 13, 1972, 86 Stat. 797; P.L. 104-53, Nov. 19, 1995, 109 Stat. 526 52 See, for example, U.S. Congress, House Committee on Appropriations, Subcommittee on the Legislative Branch, Legislative Branch Appropriations for 2006, hearings, part 2, 109th Cong., 1st sess. (Washington: GPO, 2005), p. 382; U.S. Congress, Senate Committee on Appropriations, Subcommittee on the Legislative Branch, Legislative Branch Appropriations for 2008, hearings, 110th Cong., 1st sess., March 16, 2007 (Washington: GPO, 2008), pp. 75-76; U.S. Congress, House Committee on Appropriations, Subcommittee on the Legislative Branch, Legislative Branch Appropriations for 2008, hearings, part 2, 110th Cong., 1st sess. (Washington: GPO, 2007), pp. 208-209; U.S. Congress, House Committee on Appropriations, Subcommittee on the Legislative Branch, Legislative Branch Appropriations for 2009, hearings, part 2, 110th Cong., 2nd sess. (Washington: GPO, 2008), p. 682. 48 53 See, for example, House “Dear Colleague” letters of January 7, 2003; July 8, 2004; May 24, 2007; May 31, 2007; and May 18, 2009. 54 See, for example, H.R. 125 (108th Cong.); H.R. 2148 (107th Cong.), and amendments to H.R. 1854 (104th Cong.). Congressional Research Service 18 Legislative Branch: FY2010 Appropriations have suggested that technology assessments may be conducted more cost-effectively by existing legislative branch agencies. The FY2008 Consolidated Appropriations Act provided $2.5 million to GAO for technology assessments.55 The FY2009 explanatory statement indicates that funding continues to be provided for these studies.56 On May 5, 2009, the House subcommittee invited Members and public witnesses to testify on their interests for FY2010. Representative Rush Holt asked the subcommittee to provide $35 million for the re-funding of the OTA. The subcommittee discussed the possibility of other legislative branch agencies – including CRS and GAO – conducting these studies, with the dialogue including the methodologies used by these agencies; the relative costs of expanding one agency versus reestablishing OTA; timeliness of OTA’s analysis; and the ability of Congress to obtain technology assessments from outside entities. Table 4. Legislative Branch Appropriations, FY2010 (in thousands of dollars) FY2009 Enacteda FY2010 Request 895,030 1,009,240 1,301,267 1,497,055 29,220 22,876 305,750 410,069 4,072 4,474 44,082 46,365 Architect of the Capitol 529,586 644,609 Library of Congress, Including CRS 607,096 658,409 107,323 115,136 Government Printing Office 140,567 166,307 Government Accountability Office Entity FY2010 House Bill FY2010 Senate Bill FY2010 Enacted Title 1: Legislative Branch Appropriations Senate House of Representatives Joint Items Capitol Policeb Office of Compliance Congressional Budget Office Congressional Research Service, Lib. of Cong. 531,000 567,497 Centerc 13,900 14,456 Stennis Center for Public Service 430 430 0 0 4,402,000 5,041,787 Open World Leadership Title II: General Provisions Total Legislative Branch (Titles I and II) —d —e Source: The U.S. Budget, P.L. 110-161, and the statement of Chairman David Obey printed in the Congressional Record (daily edition, Feb. 23, 2009, p. H2403). a. 55 56 FY2009 funds are contained in P.L. 111-8. Congressional Record, Dec. 17, 2007, p. 16373. Congressional Record, Feb. 23, 2009, p. H2397. Congressional Research Service 19 Legislative Branch: FY2010 Appropriations b. This account was effective with the FY2003 Legislative Branch Appropriation Act. Previously, Capitol Police funds were contained under the joint items account. c. The center was named the Russian Leadership Program prior to FY2004. Appropriations represent payments to the center’s trust fund. d. The House does not consider appropriations for internal Senate operations. e. The Senate does not consider appropriations for internal House operations. Table 5. Capitol Police Appropriations, FY2010 (in thousands of dollars) Accounts Salaries, Capitol Police General Expenses Emergency Appropriationsa Total, Capitol Police FY2009 Enacted FY2010 Requested 248,000 268,675 57,750 141,394 FY2010 House Bill FY2010 Senate Bill FY2010 Enacted — 305,750 410,069 Source: The U.S. Budget, P.L. 110-161, and the statement of Chairman David Obey printed in the Congressional Record (daily edition, Feb. 23, 2009, p. H2403). a. The House and Senate version of H.R. 2346, the FY2009 Supplemental Appropriations Act, both contain $71.6 million for the new U.S. Capitol Police radio system. This table will be updated following congressional action. Table 6. Architect of the Capitol Appropriations, FY2010 (in thousands of dollars) Accounts FY2009 Enacted FY2010 Requested FY2010 House Bill FY2010 Senate Bill FY2010 Enacted Architect of the Capitol General administration 90,659 121,460 Capitol building 35,840 33,305 Capitol grounds 9,649 10,974 Senate office buildings 69,359 76,032 House office buildings 65,814 111,926 149,042 154,503 Library buildings and grounds 39,094 69,144 Capitol Police buildings and grounds 18,996 30,777 Botanic garden 10,906 11,920 Capitol Visitor Center 40,227 24,568 Capitol power plant Project - Cost to complete Operations Total, Architect of the Capitol 31,124 9,103 529,586 644,609 Source: The U.S. Budget, P.L. 110-161, and the statement of Chairman David Obey printed in the Congressional Record (daily edition, Feb. 23, 2009, p. H2403). Congressional Research Service 20 Legislative Branch: FY2010 Appropriations Table 7. Senate Appropriations, FY2010 (in thousands of dollars) FY2009 Enacted Accountsa Payments—Heirs of Deceased Members of Congress FY2010 House Bill FY2010 Request 0 0 — 210 210 — 171,699 186,057 — Office of Legislative Counsel 6,743 7,154 — Office of Legal Counsel 1,484 1,544 — 30 30 — Contingent Expenses (subtotal) 714,864 814,245 — Inquiries and Investigations 137,400 172,989 — 520 520 — 2,000 2,000 — 153,601 168,461 — 21,043 19,145 — 400,000 450,830 — 300 300 — 895,030 1,009,240 — Expense Allowances and Representation Salaries, Officers, and Employees Expense Allowances for Secretary of Senate, et al. Senate Intl. Narcotics Caucus Secretary of the Sergeant at Senateb Arms/Doorkeeperc Miscellaneous Items Senators’ Official Personnel and Office Expense Account Official Mail Costs Total, Senate FY2010 Senate Bill FY2010 Enacted Source: the U.S. Budget, P.L. 110-161, and the statement of Chairman David Obey printed in the Congressional Record (daily edition, Feb. 23, 2009, p. H2403). a. The Senate account contains seven appropriations headings, which are highlighted in bold. b. Office operations of the Office of the Secretary of the Senate are also funded under “Salaries, Officers, and Employees.” c. Office operations of the Office of Sergeant at Arms and Doorkeeper are also funded under “Salaries, Officers, and Employees.” d. A gratuity payment was included in the first FY2008 Continuing Appropriations Act, P.L. 110-92, which was enacted on Sept. 29, 2007. Table 8. House of Representatives Appropriations, FY2010 (in thousands of dollars) Accountsa Payments—Heirs of Deceased Members of Congress Salaries and Expenses, Total House Leadership Offices Congressional Research Service FY2009 Enacted FY2010 Request FY2010 House Bill FY2010 Senate Bill 0 0 — 1,301,267 1,497,055 — 25,113 25,881 — FY2010 Enacted 21 Legislative Branch: FY2010 Appropriations Accountsa FY2009 Enacted FY2010 Request FY2010 House Bill FY2010 Senate Bill Members’ Representational Allowancesc 609,000 699,344 — Committee Employees (subtotal)d 185,300 208,492 — 154,000 175,189 — 31,300 33,303 — 187,954 206,124 — 27,457 33,901 — 8,355 10,092 — 125,838 133,948 — Office of Inspector General 4,945 5,062 — Office for Emergency Planning, Preparedness, and Operations 3,974 4,469 — Office of General Counsel 1,357 1,431 — 173 179 — Office of the Parliamentarian 2,007 2,060 — Office of the Law Revision Counsel 3,057 3,299 — Office of the Legislative Counsel 8,337 8,900 — 777 866 — 1,158 1,320 — 519 597 293,900 357,214 — 11,656 3,979 — 201 201 — 260,703 302,776 — 1,900 — — 18,698 32,516 — 742 787 — 2,907 — Wounded Warrior programe 2,500 — Office of Congressional Ethicse 1,548 — 1,497,055 — Standing Committees, Special and Select, except Appropriations Appropriations Committee Salaries, Officers, and Employees (subtotal) Office of the Clerk Office of the Sergeant at Arms Office of Chief Administrative Officer Office of the Chaplain Office of Interparliamentary Affairs Other Authorized Employees: Technical Assistants, Office of Attending Physician Office of Historian Allowances and Expenses (subtotal) Supplies, Materials, Administrative Costs and Federal Tort Claimse Official Mail for committees, leadership, administrative and legislative offices Government Contributions Capitol Visitor Center Business Continuity and Disaster Recovery Emergency Appropriations Miscellaneous Items Transition Activitiese House of Representatives, Total 1,301,267 FY2010 Enacted Sources: The U.S. Budget, P.L. 110-161, and the statement of Chairman David Obey printed in the Congressional Record (daily edition, Feb. 23, 2009, p. H2403). Congressional Research Service 22 Legislative Branch: FY2010 Appropriations a. The appropriations bill contains two House accounts: (1) payments to widows and heirs of deceased Members of Congress and (2) salaries and expenses. b. A gratuity payment was included in the first FY2008 Continuing Appropriations Act, P.L. 110-92, which was enacted on Sept. 29, 2007. An additional gratuity payment was included in the Second Continuing Appropriations Act, P.L. 110-116 and in the Fourth Continuing Appropriations Act, P.L. 110-149. c. This appropriation heading was new in the FY1996 bill. The heading represents a consolidation of: (1) the former heading Members’ clerk hire; (2) the former heading official mail costs; and (3) the former subheading official expenses of Members, under the heading allowances and expenses. d. This appropriation heading was new in the FY1996 bill. The heading represents a consolidation of: (1) the former heading committee employees; (2) the former heading standing committees, special and select; (3) the former heading Committee on Budget (studies); and (4) the former heading Committee on Appropriations (studies and investigations). e. In FY2009, “Supplies, Materials, Administrative Costs and Federal Tort Claims” included funding now contained in the “Transition Activities” ($4.7 million), “Wounded Warriors” ($2.5 million) and “Office of Congressional Ethics” ($300,000) headings. For Additional Reading CRS Reports CRS Report RL34490, Legislative Branch: FY2009 Appropriations, by Ida A. Brudnick. CRS Report RL34031, Legislative Branch: FY2008 Appropriations, by Ida A. Brudnick. CRS Report R40083, Legislative Branch Appropriations Bill: Structure, Content, and Process, by Lorraine H. Tong. Selected Websites These sites contain information on the FY2010 and FY2009 legislative branch appropriations requests and legislation, and the appropriations process. House Committee on Appropriations http://appropriations.house.gov/ Senate Committee on Appropriations http://appropriations.senate.gov/ CRS Appropriations Products Guide http://apps.crs.gov/cli/cli.aspx?PRDS_CLI_ITEM_ID=615&from=1&fromId=73 Congressional Budget Office http://www.cbo.gov Government Accountability Office http://www.gao.gov Office of Management & Budget http://www.whitehouse.gov/omb/ Congressional Research Service 23 Legislative Branch: FY2010 Appropriations Author Contact Information Ida A. Brudnick Analyst on the Congress ibrudnick@crs.loc.gov, 7-6460 Key Policy Staff Area of Expertise Name CRS Division Telephone and E-mail Appropriations Process Bill Heniff Sandy Streeter G&F 7-8646 wheniff@crs.loc.gov 7-8653 sstreeter@crs.loc.gov Legislative Branch Operations Ida Brudnick G&F 7-6460 ibrudnick@crs.loc.gov Committee Funding and Staffing Eric Petersen G&F 7-0643 epetersen@crs.loc.gov Franking Matthew Glassman G&F 7-3467 mglassman@crs.loc.gov Legislative Branch Conservation and Recycling Jacob Straus G&F 7-6438 jstraus@crs.loc.gov Legislative Branch Bill Structure Lorraine H. Tong G&F 7-5846 ltong@crs.loc.gov Note: Division abbreviations: G&F = Government and Finance Author Contact Information Ida A. Brudnick Analyst on the Congress ibrudnick@crs.loc.gov, 7-6460 Congressional Research Service 24