[House Report 117-80]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-80
======================================================================
LEGISLATIVE BRANCH APPROPRIATIONS BILL, 2022
_______
July 1, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Ryan, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4346]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Legislative Branch for the fiscal year
ending September 30, 2022, and for other purposes.
INDEX TO BILL AND REPORT
Page Number
Bill Report
Summary of Committee Recommendation........................
2
Title I--Legislative Branch Appropriations.................
8
House of Representatives........................... 2
8
Joint Items:
Joint Economic Committee................... 12
20
Committee on Taxation...................... 12
20
Office of the Attending Physician.......... 13
21
Office of Congressional Accessibility
Services............................... 14
22
Capitol Police..................................... 14
22
Office of Congressional Workplace Rights........... 15
27
Congressional Budget Office........................ 15
27
Architect of the Capitol (except Senate Office
Buildings)..................................... 16
28
Library of Congress................................ 20
35
Government Publishing Office....................... 29
40
Government Accountability Office................... 33
41
Open World Leadership Center Trust Fund............ 34
43
John C. Stennis Center for Public Service Training
and Development................................ 38
44
Title II--General Provisions............................... 38
44
Bill-wide Reporting Requirements...........................
44
Minority Views.............................................
92
SUMMARY OF COMMITTEE RECOMMENDATION
The Committee recommendation for fiscal year 2022 for the
activities under the jurisdiction of the Subcommittee on
Legislative Branch totals $4,801,725,045, which is $580,899,045
(13.8 percent) more than the comparable amount for fiscal year
2021 in new non-emergency discretionary budget authority,
excluding funds for the Senate and Senate office buildings.
These appropriations support the operations of the House of
Representatives, the care and preservation of the historic
buildings in which Congress works, and agencies that provide
research and analysis to assist the legislative process. They
also support other institutions such as the Library of
Congress, one of the leading repositories of knowledge and
culture in the world, as well as the Government Publishing
Office.
In keeping with longstanding practice under which each
chamber of Congress determines its housekeeping requirements
and the other concurs without intervention, the bill does not
include funds for the Senate or Senate office buildings.
Similarly, the Senate will consider a Legislative Branch
appropriations bill that addresses Senate but not House
funding.
The bill provides funding increases to support the staffing
and other resources needed to help Congress do its job well,
maintain and build analytical capacity to support lawmaking and
oversight, and address high priority needs in areas such as
information technology (IT) and security.
SUMMARY TABLE: AMOUNTS IN NEW BUDGET AUTHORITY
----------------------------------------------------------------------------------------------------------------
FY 2022
Agency/Program/Account FY 2021 Estimate FY 2022 Request Committee
Recommendation
----------------------------------------------------------------------------------------------------------------
House of Representatives............................... 1,476,607,000 1,736,597,000 1,714,996,045
Joint Items............................................ 21,513,000 21,905,000 21,905,000
Capitol Police......................................... 515,541,000 619,217,000 603,968,000
Office of Congressional Workplace Rights............... 7,500,000 7,500,000 8,000,000
Congressional Budget Office............................ 57,292,000 60,953,000 60,953,000
Architect of the Capitol (except Senate Office 585,458,000 785,384,000 738,284,000
Buildings)............................................
Library of Congress.................................... 757,346,000 801,008,000 794,378,000
Government Publishing Office........................... 117,000,000 125,549,000 125,549,000
Government Accountability Office....................... 661,139,000 744,317,000 729,262,000
Congressional Office for International Leadership (Open 6,000,000 6,000,000 6,000,000
World Leadership Center)..............................
Stennis Center for Public Service...................... 430,000 430,000 430,000
Adjustments to Compensation............................ -2,000,000 2,000 -2,000,000
Joint Congressional Committee on Inaugural Ceremonies 2,000,000 0 0
of 2021 (JCCIC).......................................
Capitol Complex Health and Safety (CCHS)............... 5,000,000 0 0
Government Accountability Office Supplemental Oversight 10,000,000 0 0
(Emergency)...........................................
--------------------------------------------------------
Total.............................................. 4,220,826,000 4,910,860,000 4,801,725,045
----------------------------------------------------------------------------------------------------------------
Legislative Branch-Wide Matters
RESULTS, OVERSIGHT, TRANSPARENCY, AND ACCOUNTABILITY
The Committee recognizes that effective programs, projects,
and activities must set transparent goals and measure progress
toward those goals in tangible ways. Data-driven results should
be the yardstick for measuring success.
The recommendation continues to prioritize the proper
management of taxpayer dollars, including strong internal
controls, reduced inefficiency, ineffectiveness, and waste,
fraud, or abuse, and a focus on results, and customer service
for all agencies under the jurisdiction of this Act. The
Committee continues its focus on reducing unnecessary
expenditures and expects the agencies funded by this Act to
identify cost savings and efficiencies where possible.
Performance Measures and Customer Service
The Committee believes that development of organizational
priority goals and outcomes, such as performance outcome
measures, output measures, and efficiency measures, is
important for all agencies funded under this bill. The
Committee also notes the importance of implementing proper
customer service standards for agencies that provide direct
services to the public. Development of these service standards
should include identifying and surveying target customers and
tracking internal performance against those standards.
In addition, the Committee understands that, as the largest
advertiser in the United States, the federal government should
work to ensure fair access to its advertising contracts for
small disadvantaged businesses and businesses owned by
minorities and women. The Committee directs each department and
agency under the jurisdiction of this Act to include the
following information in its fiscal year 2023 budget
justification: expenditures for fiscal year 2021 and expected
expenditures for fiscal year 2022, respectively, for (1) all
contracts for advertising services; and (2) contracts for the
advertising services of (a) socially and economically
disadvantaged small business concerns (as defined in section
8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)); and
(b) women- and minority-owned businesses disaggregated by race
and gender.
Contracting Opportunities for Minority-Owned Businesses
The Committee urges all agencies across the Legislative
Branch to explore opportunities to provide minority-owned
businesses increased access to vendor contracts.
Reprogramming, Notification, Consultation, and Reporting Requirements
The Committee expects all agencies to notify the Committees
on Appropriations of the House and the Senate (hereinafter
``the Committees'') of any significant departures from budget
plans presented to the Committees in any agency's budget
justifications. The Committee recommendation grants limited
reprogramming authorities to ensure that funds are devoted to
the highest priorities, particularly due to changes in
circumstances. In particular, agencies funded through this bill
are required to notify the Committees prior to any
reprogramming of funds in excess of the lesser of 10 percent or
$750,000 between programs, projects or activities, or in excess
of $750,000 between object classifications (except for shifts
within the pay categories, object class 11, 12, and 13 or as
further specified in each agency's respective section). This
includes cumulative reprogrammings that together total at least
$750,000 from or to a particular program, activity, or object
classification as well as reprogramming full time equivalents
(FTE) or funds to create new organizational entities within the
agency or to restructure entities which already exist.
The Committee further directs that notifications for the
obligation of funds made available by this Act and prior Acts
shall be concluded not later than 60 days prior to the
expiration of such funds. Congressional notifications submitted
for funds that are being reallocated prior to initial
obligation or reprogrammed shall, to the maximum extent
practicable, contain detailed information about the sources of
the funds and why such funds are no longer intended to be used
as previously justified.
The Committee directs that for the purposes of this Act and
report, the term ``prior consultation'' means a pre-decisional
engagement between a relevant Legislative Branch department or
agency and the Committees on Appropriations during which the
Committees are provided a meaningful opportunity to provide
facts and opinions to inform: (1) the use of funds; (2) the
development, content, or conduct of a program or activity; or
(3) a decision to be taken.
The Committee emphasizes that all reports are required to
be completed in the timeframe noted in each respective
directive. Moreover, the Committee expects that the conditions
associated with funding appropriated by this Act shall be
accomplished in the manner as directed in the report,
consistent with congressional intent.
Staffing Data in Budget Documents
The Committee continues to direct the Legislative Branch
agencies to include in their budget justifications data on FTE
levels that would be supported by the associated request or
enacted funding levels. The Committee also continues to direct
the Legislative Branch Financial Managers Council to coordinate
on a plan for aligning FTE levels with the Legislative Branch
agencies for consistency in reporting.
Zero Base Budgeting
While the Committee continues to direct all agencies of the
Legislative Branch to develop budget requests from a zero-base,
the Committee is concerned that the zero-based budget documents
lack sufficient detail for making funding decisions. The
Committee believes that there is room for improvement and
directs all Legislative Branch agencies to continue to work
with the Committees to ensure budget documents contain the
necessary information for meaningful savings.
Federal Law Enforcement
The Committee notes that the Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2022 directs the
Attorney General to continue efforts to implement training
programs to cover the use of force and de-escalation, racial
profiling, implicit bias, and procedural justice, to include
training on the duty of Federal law enforcement officers to
intervene in cases where another law enforcement officer is
using excessive force, and make such training a requirement for
Federal law enforcement officers. The Committee further notes
that several Departments and agencies funded by this Act employ
Federal law enforcement officers and are Federal Law
Enforcement Training Centers partner organizations. The
Committee directs such Departments and agencies to adopt and
follow the training programs implemented by the Attorney
General, and to make such training a requirement for its
Federal law enforcement officers. The Committee further directs
such Departments and agencies to brief the House and Senate
Committees on Appropriations on their efforts relating to
training no later than 90 days after the date of enactment of
this Act.
In addition, the Committee directs such Departments and
agencies, to the extent that such Departments and agencies have
not already done so, to submit their use of force data to the
Federal Bureau of Investigation (FBI)'s National Use of Force
Data Collection database. The Committee further directs such
Departments and agencies to brief the House and Senate
Committees on Appropriations no later than 90 days after the
date of enactment of this Act on their current efforts to
tabulate and submit their use of force data to the FBI.
Childcare Access
Providing access to quality, affordable childcare is
critical for retaining staff, and advancing women in the
workplace, who are still disproportionately primary caregivers.
The Committee strongly supports further investments to further
reduce the waitlist, expand admissions, and ensure quality care
at Capitol complex childcare centers.
Cyber and Physical Data Security
The Committee is concerned that many legislative branch
agencies continue to store critical data on Capitol Hill and in
the Alternate Computing Facility which does not meet high
physical security standards or Tier III data center
requirements and has had a history of system failures and
outages. The Committee directs each legislative branch agency
to utilize available contract vehicles to expeditiously secure
agency data in facilities that have been third-party certified
to meet Tier III standards and geographically located outside
of the National Capitol Region (NCR). Additionally, the
Committee directs each legislative branch agency to provide the
Committees an action plan within 60 days of enactment of this
Act which details a schedule, cost and implementation plan to
secure agency data in a certified Tier III facility by January
31, 2022.
Science and Technology Assistance for Congress
The Committee notes the interest among some Members during
the past several years to reinstitute the Office of Technology
Assessment (OTA), which was de-funded in 1995. In fiscal year
2019 the Committee instructed the National Academy of Public
Administration (NAPA) to conduct a study to determine the best
way to increase Congress's access to needed in-depth analysis
of fast-breaking technology developments. The NAPA report,
released in November, 2019, recommended strengthening the
capacity of the Government Accountability Office (GAO) and
Congressional Research Service (CRS) in technology assessment
rather than restarting OTA. The Committee is pleased with both
CRS and the GAO's efforts to increase the depth and breadth of
its capacity to provide research and policy analysis on current
and emerging legislative issues related to science and
technology (S&T) and Federal uses and oversight of S&T.
CRS is encouraged to continue to hire additional staff for
their specialized teams working on science and technology
issues expanding its capacity and expertise to allow CRS to
meet the growing need of Congress for timely, complex, and
multidisciplinary analysis of policy issues related to these
rapidly changing technologies, the effects of Federal
government in oversight of such technologies, and the effects
of the Federal government S&T policies across all sectors. CRS
is also encouraged to increase outreach efforts to make Members
and congressional staff more aware of the resources it provides
related to S&T issues Congress is examining.
Additionally, in 2019 the GAO established a Science,
Technology Assessment, and Analytics (STAA) team to better
address the evolving and time-sensitive needs of Congress. The
Committee encourages the GAO to continue to strengthen its STAA
S&T team and the Innovation Lab to increase the depth, breadth,
and diversity of knowledge available to meet congressional
needs.
As a result, the bill provides the full request for CRS and
GAO to strengthen S&I programs. The Committee will continue to
review the work of CRS and the GAO to see if other steps are
needed in the future.
Employment of DACA Recipients
The bill recommended by the Committee includes legislative
language permitting all the Legislative Branch agencies it
funds to employ ``Dreamers'' that is, residents of the United
States brought to this country as children without proper
immigration status who hold employment authorization under the
Deferred Action for Childhood Arrivals (DACA) program. Despite
that employment authorization, use of appropriated funds to
hire DACA enrollees is not currently permitted because of a
government-wide provision carried annually in the Financial
Services and General Government Appropriations Act. That
provision prohibits the use of funds to employ people who are
not United States citizens and do not hold one of several
listed types of immigration status, a list that doesn't
currently include DACA work authorization. Pending any
government-wide resolution of this issue, the Committee
recommends welcoming these members of the national community to
seek employment in the Legislative Branch.
Offensive Capitol Statuary
The bill includes language directing the Architect to
remove the statues or busts in the United States Capitol that
represent figures who participated in the Confederate Army or
government, as well as the statues of white supremacists
Charles Aycock, John C. Calhoun, and James Paul Clarke and the
bust of Roger B. Taney. The Architect is instructed to work
with the States who contributed Confederate statues to return
them to the donor State. The placement of statues in the
Capitol commemorating men who tried to overthrow the government
of the United States or who were white supremacists has been
controversial for years and offensive to many of the visitors
who come to the Capitol each year. The Committee believes their
removal is long overdue.
House of Representatives Overview
As in previous years, three accounts together make up
three-quarters of the House of Representatives budget: Members'
Representational Allowances (MRA), Committee salaries and
expenses, and ``Government Contributions'' (which covers
payroll taxes and benefit costs for all House employees). This
year, a substantial portion of the increase to the 302(b)
allocation is to address staffing pay.
Congressional Staff Salaries: The Committee is taking
extraordinary action to address staff pay due to prior pay
freezes coupled with inflation. Over a ten-year period, House
salaries have not kept pace with inflation, effectively causing
a decrease in real wages as the cost of living for the NCR has
risen steadily. To begin to address this situation the
recommendation increases the MRA account by $134,400,000 to
$774,400,000, Committee funding by $34,193,250 to $197,018,250,
Leadership offices by $6,065,640 to $34,949,640 and benefits
(Government Contributions) by $21,000,000 to $356,000,000. The
Committee is taking this action simply to bring House salaries
closer to the ten-year inflation-adjusted baseline.
Member Cost of Living Adjustment: Member salaries have not
been increased since 2009. The Committee notes that compared to
private-sector salaries, the salaries of Members of Congress
are lower than many mid-level executives and managers in the
private sector. Notwithstanding need, the bill includes
language (section 211) that blocks the cost of living
adjustment for Members of Congress for fiscal year 2022. The
Committee directs the Office of the Chief Administrative
Officer (CAO) of the House of Representatives to engage with
CRS or another appropriate entity to compare Member pay with
executives and managers in the private sector with similar
levels of experience and responsibility. The Committee directs
that the CAO provide this report no later than 120 days after
the official posting of this report.
TITLE I--LEGISLATIVE BRANCH APPROPRIATIONS
HOUSE OF REPRESENTATIVES
Appropriation, fiscal year 2021....................... $1,480,819,000
Budget request, fiscal year 2022...................... 1,736,597,000
Committee recommendation.............................. 1,714,996,045
Change from enacted level........................... +234,177,045
Change from request................................. -21,600,955
The Committee recommends $1,714,996,045, an increase of
$234,117,045 over the enacted level for salaries and expenses
of the House of Representatives. The Committee has heard
concerns from Members of Congress and outside observers that
existing funding levels are hampering the ability of the House
to do its jobs of developing legislation to meet national
needs, providing oversight of government operations, and
assisting constituents in their dealings with government. The
bill's funding levels represent a modest step towards
addressing these issues.
House Leadership Offices
Appropriation, fiscal year 2021....................... $28,884,000
Budget request, fiscal year 2022...................... 28,884,000
Committee recommendation.............................. 34,949,640
Change from enacted level........................... +6,065,640
Change from request................................. +6,065,640
The Committee recommends $34,949,640 for salaries and
expenses of staff in House Leadership offices.
The allocation by office follows:
Office of the Speaker................................. $10,036,950
Office of the Majority Floor Leader................... 3,565,870
Office of the Majority Whip........................... 2,962,080
Democratic Caucus..................................... 2,831,400
Office of the Minority Floor Leader................... 10,036,950
Office of the Minority Whip........................... 2,684,990
Republican Conference................................. 2,831,400
Members' Representational Allowances
Appropriation, fiscal year 2021....................... $640,000,000
Budget request, fiscal year 2022...................... 840,000,000
Committee recommendation.............................. 774,400,000
Change from enacted level........................... +134,400,000
Change from request................................. -65,600,000
The Committee recommends $774,400,000 for MRA in fiscal
year 2022, $134,400,000 more than in the prior year.
Allowance for Compensation of Interns in Member Offices
Appropriation, fiscal year 2021....................... $11,025,000
Budget request, fiscal year 2022...................... 11,025,000
Committee recommendation.............................. 15,435,000
Change from enacted level........................... +4,410,000
Change from request................................. +4,410,000
The Committee recommends $15,435,000 for the compensation
of interns who serve in the offices of Members of the House of
Representatives, an increase of $4,410,000 from the enacted
level. This recommendation increases the intern allowance cap
to $35,000 per Member office. This was done in recognition of
the importance of internships in gaining work experience and
opening doors to future employment and that many well-qualified
candidates are simply not in a financial position to work as
interns without pay, especially in a high-cost area like
Washington, D.C. The bill continues to support this program.
Allowance for Compensation of Interns in House
Leadership Offices
Appropriation, fiscal year 2021....................... $365,000
Budget request, fiscal year 2022...................... 365,000
Committee recommendation.............................. 438,000
Change from enacted level........................... +73,000
Change from request................................. +73,000
The Committee recommends $438,000 for the compensation of
interns who serve in the offices of House Leadership. This
recommendation includes $240,500 for the compensation of
interns who serve in House Leadership offices of the majority,
to be allocated among such offices by the Speaker of the House,
and $197,500 for the compensation of interns who serve in House
Leadership offices of the minority, to be allocated among such
offices by the Minority Floor Leader.
Allowance for Compensation of Interns in House Standing, Special and
Select Committee Offices
Appropriation, fiscal year 2021....................... $0
Budget request, fiscal year 2022...................... 0
Committee recommendation.............................. 1,943,910
Change from enacted level........................... +1,943,910
Change from request................................. +1,943,910
In FY 2022 the recommendation expands the paid intern
programs to provide for paid internships with Committees in the
House of Representatives. The continued increase in the cost of
living, combined with travel expenses and other costs related
to an internship, create obstacles for qualified individuals
who may not be able to afford and accept an unpaid or underpaid
internship. Allowing dedicated funds for interns helps to
reduce some of the financial hardships they face. Moreover,
ensuring individuals in committees have access to the same
opportunities as those in member and district offices is a
critical step to diversifying the leadership of our government.
The Committee recommends $1,943,910 for the compensation of
interns who serve in the offices of House standing, special and
select committee offices. This recommendation includes $971,955
for the compensation of interns who serve in committee offices
of the majority, and $971,955 for the compensation of interns
who serve in committee offices of the minority, to be allocated
among such offices by the Chair, in consultation with the
Ranking Minority Member, of the Committee on House
Administration.
Allowance for Compensation of Interns in House Appropriations Committee
Offices
Appropriation, fiscal year 2021....................... $0
Budget request, fiscal year 2022...................... 0
Committee recommendation.............................. 345,584
Change from enacted level........................... +345,584
Change from request................................. +345,584
In FY 2022 the recommendation expands the paid intern
programs to provide for paid internships with Committees in the
House of Representatives. The Committee recommends $345,584 for
the compensation of interns who serve in the offices of the
House Appropriations Committee. This recommendation includes
$172,792 for the compensation of interns who serve in committee
offices of the majority, and $172,792 for the compensation of
interns who serve in committee offices of the minority, to be
allocated by the Chair, in consultation with the Ranking
Minority Member, of the Committee on Appropriations.
Committee Employees
Appropriation, fiscal year 2021....................... $162,825,000
Budget request, fiscal year 2022...................... 176,978,000
Committee recommendation.............................. 197,018,250
Change from enacted level........................... +34,193,250
Change from request................................. +20,040,250
The Committee recommends $197,018,250 in total for
Committee Employees, a $34,193,250 increase above the enacted
level. This amount will support the funding allocated to
Committees for 2022 by House Resolution 316, adopted in the
first session of the 117th Congress.
The Committee recommends $167,101,000 for standing, special
and select committees, which covers the amounts allocated to
Committees (other than the Committee on Appropriations) in
House Resolution 316. The total also includes $29,917,250 for
the Committee on Appropriations. This account includes funding
for salaries and expenses of Committees, including equipment,
telecommunications, printing, contract services, and supplies.
Funding is available until December 31, 2022.
Salaries, Officers and Employees
Appropriation, fiscal year 2021....................... $260,781,000
Budget request, fiscal year 2022...................... 281,364,000
Committee recommendation.............................. 288,480,800
Change from enacted level........................... +27,699,800
Change from request................................. +7,116,800
The Committee recommends $288,480,800, which is $27,699,800
more than the enacted level for the salaries and expenses of
House officers and employees of the various activities funded
through this consolidated item.
House Officers and Support Agencies: The Committee
recommended bill provides for the salaries and expenses of
House officers and employees, including the offices of the
Clerk of the House, Sergeant at Arms, Chief Administrative
Officer, Parliamentarian, Legislative Counsel, the Office of
Diversity and Inclusion, and the Whistleblower Ombudsman among
others.
Following is a summary of the funding allocation provided
to each component of the account:
Office of the Clerk................................... $36,500,000
The Committee recommends $36,500,000 for the salaries and
expenses of the Office of the Clerk, an increase of $4,525,000
over the fiscal year 2021 enacted total and $643,000 above the
fiscal year 2022 request.
Co-sponsor Authentication: The Committee directs the Clerk
of the House of Representatives to establish a prohibition on
the addition of co-sponsors to a piece of legislation if such a
co-sponsor support was secured only through an opt-out e-mail
circulated to supporters of a piece of legislation from the
prior Congress.
Electronic House Functions: The Committee applauds the
Clerk's action to make Office of the Clerk functions electronic
and encourages the Clerk to continue to develop more electronic
systems for House processes. The Committee further directs the
Clerk to provide a report detailing these actions as well as
the cost of implementation, and further necessary actions to
update the functions of the Office of the Clerk. This report
shall be submitted no later than 90 days after the official
posting of this report.
Facilitating Public Access to Legislative Information: The
Committee encourages the Clerk of the House to explore ways to
make the publication of Legislative Branch information as data
more readily available to the public. The Clerk of the House is
directed to report to the Committee within 120 days after the
official posting of this report the resources needed to include
committee transcripts, video, votes, and legislative text on
Congress.gov.
Lobbyist Disclosure Unique Identifier: The Clerk of the
House is directed to brief the Committee not later than 90 days
after the official posting of this report regarding the status
of a unique identifier for lobbyists and efforts to require
disclosing that identifier to the public as structured data as
part of the lobbying disclosure downloads.
Recognition Women in Congress: The Committee recognizes the
increasing numbers of female Members of Congress and in honor
of women's historic progress over recent years, the Committee
continues to support and commend the work of the Architect, the
House Curator, and the Capital Historical Society to increase
images of women in public spaces in Congress. The Committee
appreciates the House Curator's work in providing the Committee
a report identifying public spaces within House-controlled
facilities and spaces, including but not limited to, hearing
rooms, meeting spaces, points of entry and hallways, where
there is space for new portraits of distinguished female
members to be displayed. To further increase female
representation, the Committee requests the House curator to
continue to maintain and update the list of notable female
historic figures not already displayed as a Capitol statue who
have made remarkable contributions to society, as well as
former or current female members of Congress who have set
trailblazing records. These lists should provide a blueprint
for the incorporation of more female images in Congressional
public spaces. The images should reflect not only the
increasing numbers of women serving in Congress, they should
reflect the positive contributions these female Members and
public leaders have made.
Office of the Sergeant at Arms........................ $27,695,000
The Committee recommends $27,695,000 for the salaries and
expenses of the Office of the Sergeant at Arms. This represents
an increase of $4,435,000 over the fiscal year 2021 enacted
total and $3,386,000 above the fiscal year 2022 request.
Digital Communications: The Committee recognizes that
Members of Congress and their staff frequently use social media
and other digital assets to communicate with their constituents
in their official capacity and in doing so, face growing
threats from criminals and potentially foreign governments
looking to impersonate their online personas, perpetrate fraud
or conduct other malicious activity via these digital channels.
The Committee encourages the Sergeant at Arms to explore
technology solutions to actively protect the digital personas
of Members of Congress from fraud, exploitation, and abuse.
Gunshot Detection Systems: The Committee directs the
Sergeant at Arms, working in coordination with the Capitol
Police, to undertake an assessment of the viability of
installing an automated gunshot detection system throughout the
United States Capitol Complex.
Interoperable Communications: The Committee directs the
office of the Sergeant at Arms (SAA) of the House of
Representatives to engage with the Capitol Police, Architect of
the Capitol or other appropriate entities to initiate a pilot
program to acquire and deploy a rapid alert system to integrate
radio, video and sensor systems across networks, and expand the
security umbrella and personal protection communications for
Members of Congress. Of the funds provided to the SAA the
Committee directs not less than $2,000,000 should be made
available for such interoperable technology, certified by the
Federal Emergency Management Agency, to address gaps in
interoperability between the Capitol Police, District of
Columbia Metro Police, and law enforcement agencies in the NCR.
The Committee further directs the SAA to brief the Committee
120 days after the official posting of this report on the
status of this pilot program.
Office of the Chief Administrative Officer............ $193,187,800
The Committee recommends $193,187,800 for the salaries and
expenses of the Office of the CAO. This represents an increase
of $15,987,800 over the fiscal year 2021 enacted total and an
increase of $1,850,800 from the request.
Task Force on a Diverse and Talented House Workforce: The
Committee recognizes the House of Representatives (House) has
made recent progress on workforce issues by launching the bi-
partisan Diversity and Inclusion Office, providing more pay for
interns, expanding the Office of Employee Assistance and
launching the new Human Resources Hub as recommended by the
Select Committee on Modernization of Congress. Despite this
progress the Committee believes more work is necessary to
improve how the House recruits, retains and develops a diverse
and talented workforce.
The Committee directs the establishment of a task force
composed of representatives of the Chief Administrative
Officer, Office of House Employment Counsel, Office of
Diversity and Inclusion, and Office of Employee Assistance and
any such other House office as may be necessary, to regularly
study issues related to the House workforce. The Office of
Congressional Workplace Rights and the Office of Employee
Advocacy shall be invited to participate on the task force as
appropriate given the independent nature of those offices.
The task force will: (1) develop a methodology and
frequency for regularly surveying the House workforce on pay
and benefits issues, (2) provide guidance and support for the
content and development of the Human Resources Hub, and (3)
make policy recommendations that improve human resource
management practices throughout the House. The Committee
directs that within 120 days after the official posting of this
report, the task force shall be constituted, develop a formal
charter, and develop a plan to produce the deliverables
outlined above. The plan should include regular status reports
for the Committee, the Committee on House Administration, and
the Select Committee on Modernization of Congress. The
Committee recommends an additional $350,000 to the CAO to
support operations of the task force, including additional
positions or contract support to provide the research expertise
to produce the required deliverables.
Cloud Technologies: The CAO is encouraged to continue to
investigate and pilot various cloud service options that will
provide House offices with greater accessibility to their
files, enhanced collaboration tools, and more storage. The
Committee supports standardizing cloud services to strengthen
the House's security posture and provide Member offices
additional support and cost savings.
Combatting Cyberattacks: The Committee notes that the CAO
is charged with combatting cyberattacks that could disrupt the
House's ability to perform its constitutional duties.
Accordingly, the recommendation includes funding in fiscal year
2022 to continue to strengthen cyber defenses from
sophisticated actors and encourages the CAO to explore a Zero
Trust security model based on the National Institute of
Standards and Technology standards as one of the tools to use
against novel threat actors.
Congressional Staff Academy: The Committee encourages the
CAO to prioritize offering staff certifications. Staff
certifications strengthen and expand educational and
professional development opportunities and assist in retaining
staff. The program should offer certificates for the following
roles: Staff Assistant, Legislative Correspondent (LC),
Legislative Assistant (LA), Legislative Director (LD),
Scheduler, Press Assistant, Communications Director,
Administrative Assistant (AA), Chief of Staff (COS), and
District Staff roles. In addition, the Committee is interested
in how the Staff Academy's content and classes can assist
Member offices to better onboard new staff. The Committee
requests a report, no later than 120 days after the official
posting of this report, examining the feasibility, costs and
requirements for offering course content geared towards new
staff.
Digital Workspace Technologies: The Committee recognizes
that the use of digital workspace technologies in Member
offices can increase user productivity, enhance cybersecurity,
and allow workforce flexibility for both Congressional staff
and Members of Congress. The Committee continues to encourage
the exploration of multi-factor authentication solutions to
strengthen the cybersecurity posture of all legislative
offices, including strategies and programs that reduce the
total life cycle costs of traditional legacy workspace
infrastructure.
Emergency Care: The House Wellness Center has contracted
with the Life Care program to provide House staff with
technical assistance in a variety of areas, from childcare
planning to financial planning, legal aid, senior care, and
caregiving. This service is an important mechanism to help
promote staff retention for employees facing everyday life
challenges. However, the current contract for Life Care
excludes backup care and is thus inconsistent with comparable
benefits offered by many Federal agencies. Backup care offers
staff temporary, alternative coverage for a dependent child
when primary coverage falters. The Committee is interested in
providing backup care as an option for Hill staff and requests
the Wellness Center to provide information to the Committee on
what additional resources would be needed to provide this
benefit or an equivalent alternative to make backup care
available.
Electronic Consent: The Committee is aware of the ongoing
pilot to support Member offices with their casework business
processes via a casework privacy release app. The Committee
supports the CAO's efforts to investigate these technologies
that will provide electronic document management,
accessibility, and the creation of constituent forms that can
be viewed, edited, and electronically signed. This type of
technology is widely used by businesses and will improve Member
office efficiency, workflow, and provide cost savings.
Implementation of this technology will help Member offices
implement new constituent electronic consent authorities
granted under the House-passed H.R. 1079: Creating Advanced
Streamlined Electronic Services for Constituent Act of 2021 or
the ``CASE Act''.
Intern Diversity: The Committee is concerned about
diversity among interns. The Committee notes that Congressional
internships are often prerequisites to full-time staff
positions. Therefore, the Committee directs the CAO, working
with the Office of Diversity and Inclusion (ODI) to examine and
administer regular studies of demographic and pay information
for interns and provide these reports concurrently with future
budget submissions.
House-wide Leave Policy: The CAO is urged to use the
mechanisms of the new task force to examine the feasibility of
a House-wide paid family and medical leave policy for House
employees and provide a report and briefing to the Committee on
its findings no later 120 days after the official posting of
this report.
House Compensation Study: The Committee appreciates the
effort to implement the first ever Congressional Staff Salary
report as requested in the fiscal year 2019 report. Given
existing realities of gender and racial pay gaps in America,
the Committee is concerned the data collected and findings
asserted in the salaries report, where the report details an
approximate 50 percent participation rate fails to adequately
capture the necessary bench-mark data of which was the goal of
the survey. The Committee directs the CAO to explore options,
working through the new task force, to mandate participation
and to re-implement the survey expeditiously. The Committee
directs the CAO to provide a briefing to update the Committee
on the status of a new survey no later than 120 days after the
official posting of this report.
House Staff Benefits and Retention Study: The Committee
recognizes that to maintain an equitable and diverse workforce,
the House of Representatives needs to ensure there are
significant efforts made to compete with private sector
benefits to recruit and retain staff. The Committee directs the
CAO, using the mechanisms of the new task force, to conduct a
feasibility study on benefits and efforts to retain staff in
the House. This should include a list of known benefits and a
review of potential benefits including: (1) tuition credits,
(2) authority and resources to establish matching contributions
to 529 qualified education plans for employees of the House,
(3) House-wide paid time off system and (4) child daycare
credits. The CAO should complete this report within 120 days of
the official posting of this report.
Member Office Staff Cap: The Committee has received
requests and suggestions from Members and other interested
parties for various proposals that warrant further study and
consideration, including lifting the cap on the number of full-
time staff a Member of the House is able to employ. The
Committee recognizes that each Member office has its own plans
for staff and personnel organization and that the Members of
the Senate have no such cap on full-time staff. The Committee
directs the CAO, in coordination with the new task force and
appropriate House offices, to report to Committee on
Appropriations not later than 120 days after official posting
of the Committee Report. In addition, this study should also
address additional staff capacity for a district that has been
impacted by a federally declared natural disaster.
Office of Employee Advocacy: Workplace harassment and
discrimination are an abuse of power and perpetrators must be
held accountable to promote a safe and dignified work
environment. While there is more work to be done, Congress took
positive action by overhauling its reporting and dispute
resolution process, requiring regular and anonymous climate
surveys and anti-harassment training, and mandating annual
reporting to Congress. Another positive step was establishing
the Office of Employee Advocacy. To continue support of this
office, the Committee recommends $1,541,000 for the Office to
cover additional full-time employees, staff travel to district
offices to litigate cases if necessary, and contractor support
for court reporters to transcribe hearings and depositions.
Office of Employee Assistance: The committee recommendation
provides $2,350,000, an additional $635,000 above the request
for the Office of Employee Assistance (OEA). The Committee
remains concerned with the availability of mental health
resources for custodial staff and contactors who work in the
Capitol Complex. The Committee directs the CAO to provide a
briefing to the Committee on the availability of culturally
sensitive mental health services no later than 60 days after
the official posting for this report. In addition, the
Committee recognizes the rising prevalence of substance use
disorders and the difficulties they present for those in
recovery when reentering the workforce. Therefore, the
Committee encourages OEA to develop programming and to
prioritize access to services for House employees in recovery
from substance use disorders.
The Committee recognizes that recent events have increased
the workload of OEA and that the Members and staff served by
the office has become more diverse. The Committee encourages
the Office to address these trends by prioritizing the
employment of staff who identify with or have experience
working with AAPI, Hispanic, and LGBTQ individuals.
Additionally, racial trauma faced by Black, brown, and AAPI
individuals across Congress requires culturally competent
support and OAE should retain staff who specialize in racial
trauma. The OEA is further encouraged to work with the CAO and
House Administration to determine which languages are most
commonly spoken by staff and expand the capacity of the Office
to provide services in those languages.
Pay Comparability and Disparities: The issues of pay
comparability and disparities are of continuing interest. The
Committee, therefore, requests that the CAO, working with the
Office of Diversity and Inclusion, explore ways of providing
data on salaries and benefits in the House on an annual basis
including through approaches such as possible use of payroll
data and/or information collected during the employee
onboarding process or recurring surveys of samples of employees
or offices. The CAO should report its conclusions and
recommendations on that subject to the Committee and the
Committee on House Administration.
Single-Use Plastic Products: The Committee is committed to
reducing the use of single-use plastic products on the Capitol
grounds. The Committee encourages the elimination of single-use
plastic products, including lightweight plastic carryout bags,
food and drinkware from expanded polystyrene, plastic stirrers,
plastic utensils, and plastic straws. Such elimination shall be
carried out in consultation with disability advocacy groups.
Finally, the bill includes a general provision (section 210)
addressing this issue as well.
Staff Tuition Remission: The CAO is directed to study the
feasibility of a tuition remission program for House of
Representative employees in addition to the student loan
repayment program currently in effect. The CAO shall share its
findings with the Committee on Appropriations and Committee on
House Administration (CHA) in a report no later than 90 days
after official posting of the Committee Report.
Translation Services: Of the funds provided, the
recommendation includes $500,000 for expenses pertaining to the
translation of official, communication materials on behalf of
constituents with Limited English Proficiency.
Wellness Program: The Committee continues to support the
comprehensive wellness program created to support and empower
House staff with resources to navigate the fast pace of working
on Capitol Hill while maintaining a healthy life. Providing
employees with the proper tools leads to higher productivity,
increased employee engagement, and a stronger workforce. These
types of programs help in retaining talented staff. Technology
companies that have embedded wellness programs within their
charters are able to compete and think more creatively as well
as manage their high stress environments. The Committee
encourages the House Wellness Program to gather statistics on
the short-term and long-term effects on House staff who
regularly utilize the program offerings. The Committee
recommends an additional $1,500,800 above the $280,000
requested in FY 2022, for a total of $1,780,800, to continue
growing the program.
Office of Diversity and Inclusion..................... $3,000,000
The Committee strongly supports the Office of Diversity and
Inclusion (ODI). The Committee supports the efforts to staff
the Office and the implementation of the House Diversity Plan.
The recommendation provides $787,000 above the request level,
of which $287,000 is for an additional 3 staff. The Committee
encourages the ODI to hire more staff, and to this end
instructs the CAO to increase the staff cap for ODI from the
current level of 7 to 10.
Committee Internships: The Committee recognizes that
internships often serve as the gateway for careers in
Congressional offices or even as Members of Congress. Unpaid
internships raise barriers to participating that are steepest
for the economically disadvantaged and members of historically
underrepresented groups. Paid internships may make the House
even more representative. Progress has been made by providing
paid internships in Member and Leadership offices but given the
importance of committees to the legislative process, the
Committee recognizes that the case for providing funding for
paid internships for committees is equally as strong. To this
end the recommendation includes new funding for paid
internships for majority and minority staff at the committee
and/or subcommittee level.
Stipend Feasibility Study: The Committee directs the ODI,
working in coordination with CAO, to conduct a study on the
feasibility of creating a centralized House internship and
fellowship office to provide support services, such as housing,
training, and professional development, to Congressional
interns as well as act as a resource hub for Standing
Committees, Leadership Offices, and House offices. The
feasibility study shall address inequities in access to
congressional internships and shall include the viability of
establishing an intern stipend program for interns from
underrepresented backgrounds, including those who attend
Historically Black Colleges and Universities (HBCUs), Tribal
Colleges or Universities, Hispanic-Serving Institutions (HSIs),
and other Minority Serving Institutions as defined in section
371(a) of the Higher Education Act (20 U.S.C. 1067q).
Streamlining Transparency on Diversity in the House of
Representatives: The Committee recognizes and supports the
steps taken by the Office of Diversity and Inclusion to
increase diversity on Capitol Hill through surveys and
comprehensive reports. The Committee supports the streamlining
of these efforts by adding disaggregated demographic data
collection to the official onboarding process in the House of
Representatives. The Committee directs the Office of Payroll
and Benefits to work with the Office of Diversity and Inclusion
to identify the best method for inserting a voluntary question
on demographic diversity to employee onboarding paperwork for
all employees. The data on race and ethnicity must be collected
in a disaggregated format, and must at least include the
following categories: White, African American, Hispanic, Asian
American/Pacific Islander. Once the method is identified and
implemented, the Committee directs the Office of Payroll and
Benefits to share this data, in a manner that protects all
personal identifiable information, with the Office of Diversity
and Inclusion from which the Office can produce more
comprehensive diversity reports as well as provide
recommendations to increase diversity in the workforce and
increase employee retention. The Committee directs the
implementation of this additional question to employee
onboarding forms by no later than 180 days after the official
posting of this report.
Witness Diversity: The rules package for the 117th Congress
included a requirement that the Office of Diversity and
Inclusion to provide a report to the Committee on House
Administration and the Committee on Rules recommending a method
to survey the diversity of witness panels at committee hearings
by July 1, 2021. It requires the Committees on House
Administration and Rules to take any necessary steps to ensure
its implementation by July 31, 2021. The diversity initiative
objective is to ensure that all Committees of the House are
receiving and incorporating a diversity of voices and
perspectives during the deliberative process of drafting
legislation that benefit the entire country. The Committee
continues to strongly support this initiative and directs that
the requisite House offices ensure resources are made available
for these purposes.
Workforce Diversity: The Committee recognizes that having a
diverse Congressional workforce allows Members of Congress to
better serve their diverse constituencies. Current
Congressional employee recruitment methods are limited in their
scope, and therefore do not effectively serve as pipelines for
diverse talent. Therefore, the Committee directs ODI to conduct
a study on the feasibility of publishing and maintaining a
centralized list of pipelines for diverse talent (including
HBCUs, HSIs, other minority-serving institutions, and
professional organizations) and to report to the Committee on
the findings of the study within 120 days of the official
posting of this report.
Office of the Whistleblower Ombudsman................. $1,250,000
Congress plays a critical role in both learning from and
protecting whistleblowers. Additionally, its constitutionally
mandated oversight work very often relies on vital disclosures
from Federal workers and employees in the private sector. The
House of Representatives took an important step in helping
whistleblowers by creating the House Office of the
Whistleblower Ombudsman in the 116th Congress. The Committee
continues to support the Office of the Whistleblower Ombudsman
and recommends an increase of $250,000 above enacted providing
$1,250,000 in this bill.
Office of the Inspector General....................... $5,019,000
Office of General Counsel............................. 1,912,000
Office of the Parliamentarian......................... 2,134,000
Office of the Law Revision Counsel of the House....... 3,600,000
Office of the Legislative Counsel of the House........ 12,625,000
The Committee directs the Office of Legislative Counsel to
report within 90 days of the official posting of this report on
a strategy for increasing the capacity of the Office of
Legislative Counsel. This strategy should include plans to
increase the size of the Legislative Counsel's staff,
recommendations for steps necessary to increase staff
retention, requests for technology improvements, and a general
plan for increasing the size, scope, and capacity of the entire
office.
Office of Interparliamentary Affairs.................. 934,000
Other authorized employees............................ 624,000
Allowances and Expenses
Appropriation, fiscal year 2021....................... $374,939,000
Budget request, fiscal year 2022...................... 395,981,000
Committee recommendation.............................. 399,984,861
Change from enacted level........................... +25,045,861
Change from request................................. +4,003,861
The Committee recommends a total of $399,984,861 for
allowances and expenses.
The following table summarizes the funding allocation
provided to each major component of the account:
Supplies, materials, administrative costs and Federal $1,555,000
tort claims..........................................
Official mail (Committees, administrative, and 190,000
leadership offices)..................................
Government Contributions.............................. 356,000,000
Business Continuity and Disaster Recovery............. 23,812,861
Transition Activities................................. 5,895,000
Wounded Warrior Program............................... 9,294,000
Office of Congressional Ethics........................ 1,738,000
Miscellaneous items................................... 1,500,000
Congressional Retreats: The Committee supports the
institution of biennial bipartisan retreats for Members and
provides an additional $500,000 under Miscellaneous items for
such purpose. The Committee directs the CAO to engage with the
Office of the Clerk, the Sergeant at Arms and any other House
office or appropriate entity as may be necessary to facilitate
such retreat, subject to regulations set forth by the CHA.
Government Contributions Actuarial Calculations: The
Committee believes that while the CAO has done a good job of
projecting the need of the Government Contributions account,
there is concern that the projections are becoming more complex
due to increased contributions. This account is largely
calculated based on a percentage of the estimated personnel
dollars for the budget request year. The requested increase in
funding will support an approximate 5 percent increase in
personnel dollars estimated to be earned in fiscal year 2022.
Additionally, the increase will support projected increases in
agency contribution rates for the Federal Employees Retirement
System (FERS) categories. Effective October 1, 2021, the FERS
agency contribution rate for the House is projected to increase
from 24.3 percent to 25.8 percent and the agency contribution
rate for both FERS RAE and FERS FRAE is projected to increase
from 15.5 percent to 16.6 percent. These changes will result in
an average increase of 6.8 percent across all three categories.
To manage this account, the Committee provides CAO with the
authority to contract with an actuary to help project these
costs. The Committee further directs the CAO to provide written
notification when this authority is used.
Wounded Warrior Program: The Wounded Warrior program is one
of the House's most popular initiatives. The purpose of the
program is to facilitate long-term employment with the House.
The committee recommendation provides an increase of $5,319,000
in fiscal year 2022.
House of Representatives Modernization Initiatives Account
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021....................... $2,000,000
Budget request, fiscal year 2022...................... 2,000,000
Committee recommendation.............................. 2,000,000
Change from enacted level........................... 0
Change from request................................. 0
The Committee recommends a total of $2,000,000 for the
House of Representatives Modernization Initiatives Account
which is the same as the fiscal year 2022 request. The Select
Committee on the Modernization of Congress has proposed
recommendations to improve the way Congress works. The
Modernization Initiatives Account was created to help implement
these recommendations. The Committee believes that investing in
these recommendations will improve the efficiency and
effectiveness of the Legislative Branch so that it can better
serve the American people.
Bulk Purchasing: The Committee believes that fragmented and
duplicative contracts cause inefficiencies and unnecessary
costs for Member, Committee, and Leadership offices. The
Committee supports the use of government wide contracts and
General Services Administration when practicable.
Document Standardization: The Committee remains supportive
of the Select Committee's recommendations to adopt standardized
formats for legislative documents and expedite the comparison
project.
Administrative Provisions
Section 110 provides for unspent amounts remaining in the
Members' Representational Allowances account to be used for
deficit or debt reduction.
Section 111 places a limitation on the amount available to
lease vehicles.
Section 112 allows cybersecurity assistance for the House
of Representatives.
Section 113 provides an allowance for compensation of
interns in Committee offices.
JOINT ITEMS
Joint Economic Committee
Appropriation, fiscal year 2021...................... $4,203,000
Budget request, fiscal year 2022...................... 4,203,000
Committee recommendation.............................. 4,203,000
Change from enacted level........................... 0
Change from request................................. 0
The Committee recommends $4,203,000 for the salaries and
expenses of the Joint Economic Committee.
The Joint Economic Committee was created by the Employment
Act of 1946. The primary tasks of the Committee are to review
economic conditions and to recommend improvements in economic
policy. The Committee performs research and economic analysis
and monitors and analyzes current economic, financial, and
employment conditions.
Joint Committee on Taxation
Appropriation, fiscal year 2021....................... $11,905,000
Budget request, fiscal year 2022...................... 12,059,000
Committee recommendation.............................. 12,059,000
Change from enacted level........................... +154,000
Change from request................................. 0
The Committee recommends $12,059,000 for the salaries and
expenses of the Joint Committee on Taxation (JCT).
The JCT operates under the Internal Revenue Code of 1986
and its predecessors dating to the Revenue Act of 1926. It has
responsibility to (1) investigate the operation and effects of
internal revenue taxes and the administration of such taxes;
(2) investigate measures and methods for the simplification of
such taxes; (3) make reports to the House Committee on Ways and
Means and the Senate Committee on Finance (or to the House of
Representatives and the Senate) on the results of such
investigations and studies and to make recommendations; and (4)
review any proposed refund or credit of income or estate and
gift taxes or certain other taxes set forth in Code section
6405 in excess of $2,000,000 ($5,000,000 in the case of a C
corporation). In addition to these functions that are specified
in the Internal Revenue Code, the Congressional Budget Act of
1974 requires the JCT to provide revenue estimates for all tax
legislation considered by either the House or the Senate.
The Committee directs the Congressional Budget Office (CBO)
and the Joint Committee on Taxation to study how increasing tax
enforcement increases revenue collected and to reevaluate their
methodologies for using this data.
Office of the Attending Physician
Appropriation, fiscal year 2021....................... $3,869,000
Budget request, fiscal year 2022...................... 4,063,000
Committee recommendation.............................. 4,063,000
Change from enacted level........................... +194,000
Change from request................................. 0
The Committee recommends $4,063,000 for the Office of the
Attending Physician (OAP).
COVID-19 Booster Vaccine Availability: The Committee
believes that COVID-19 will remain a threat to the public
health of Members, staff, and visitors to the Capitol. The
Committee continues to be supportive of OAPs efforts to
vaccinate Members and staff and understands that the Centers
for Disease Control and Prevention (CDC) that a booster shot
may be necessary. To ensure the health and safety of the
Capitol Complex, the Committee directs the OAP to establish a
plan for booster shot distribution and to communicate this plan
with Congressional offices as soon as practicable.
Influenza Vaccine Availability: The Committee believes that
influenza remains a threat to Members, staff, and visitors to
the Capitol and is supportive of OAP efforts to provide
vaccination to Members and staff.
Life-Saving Training: The Committee notes that the OAP
currently offers optional life-saving training for House staff
on Cardiopulmonary Resuscitation (CPR) and the Automated
External Defibrillator (AED). The Committee further notes that
overdose deaths from opioids continue to rise and the Capitol
community is not immune to the epidemic. According to the CDC,
overdose deaths from opioids increased by 38.4% in 2020. The
Committee further recognizes that opioid overdose reversal
medications have been highly effective at preventing overdose
deaths. The Committee recommends the OAP offer optional
naloxone training for House staff on the usage and
administration of opioid overdose reversal medications.
Office of Congressional Accessibility Services
Salaries and Expenses
Appropriation, fiscal year 2021....................... $1,536,000
Budget request, fiscal year 2022...................... 1,580,000
Committee recommendation.............................. 1,580,000
Change from enacted level........................... +44,000
Change from request................................. 0
The Committee recommends $1,580,000 for the operation of
the Office of Congressional Accessibility Services (OCAS).
The OCAS provides and coordinates a variety of
accessibility services for individuals with disabilities
including Members of Congress, staff, and visitors in the
United States Capitol Complex.
Accessibility Services Request: The Committee remains
committed to increasing accessibility services on the Capitol
grounds and buildings. The Committee appreciates receiving the
report requested in House Report 116-447. The Committee
understands that excluding sign language interpreting services,
there are two primary technology-based means by which
individuals who are deaf or hard-of-hearing participate in the
environment on Capitol Hill. These are assistive listening
devices and captioning (both open and closed). The Committee
urges the CAO and the Architect of the Capitol (AOC) to
prioritize the incorporation of accessibility systems as the
rooms in the Capitol and House and Senate Office buildings are
upgraded and renovated.
CAPITOL POLICE
Salaries
Appropriation, fiscal year 2021....................... $424,397,000
Budget request, fiscal year 2022...................... 481,749,000
Committee recommendation.............................. 480,454,000
Change from enacted level........................... +56,057,000
Change from request................................. -1,295,000
The Committee recommends $480,454,000 for the personnel
salaries, benefits, student loan repayment, and overtime
requirements, to include the cost of overtime necessary for
providing training. The recommendation will provide for 2,112
sworn and 450 civilians in fiscal year 2022. Since September
2020, the United States Capitol Police (USCP) has lost 85
officers to attrition.
Horse Mounted Units: The Committee commends the efforts by
the USCP and local law enforcement partners to enhance patrol
coverage on the Capitol grounds with the deployment of Horse
Mounted Units.
Motorized Devices: The Committee recognizes that new and
expanding micro mobility options in the District of Columbia
can offer alternatives to car travel. Dockless commercial
scooters, or e-scooters, and other motorized devices for rent
have grown as a commuting option for Congressional staffers,
tourists, and other visitors to the District and Capitol
Grounds. However, pursuant to the Traffic Regulations for the
United States Capitol Grounds, commercial dockless scooters are
prohibited on Capitol Grounds. The Committee notes that an
agreement was reached to modify the 2021 Terms and Conditions
established by the District of Columbia Department of
Transportation (DDOT) for commercial dockless scooter vendors
and these Terms and Conditions now require commercial dockless
scooter vendors to install geofencing on their vehicles to
ensure that commercial dockless scooters do not enter onto
Capitol Grounds consistent with Traffic Regulations for the
United States Capitol Grounds prohibitions. The Committee
expects the Capitol Police to continue to expand its outreach
efforts to dockless scooter and bicycle companies and the
District, and to work to better educate users, including
congressional staff, District residents and visitors on the
appropriate operation of commercial dockless e-scooters and
bicycles on Capitol Grounds.
Office of Inspector General: The recommendation includes
$165,000 above the request for the creation of a new position
of a Deputy Assistant Inspector General to serve as a bridge
between and assist both the Assistant Inspector General for
Investigations and the Assistant Inspector General for Audits.
This additional position would bring the total FTE level in the
Office of Inspector General to 11.
Reducing Plastic Waste: The Committee is committed to
reducing the use of single-use plastic water bottles on the
Capitol grounds. The Committee encourages the Capitol Police to
reduce or eliminate use of single-use plastic bottles where
possible and if possible, issue reusable water bottles for
Capitol Police personnel. USCP is directed to brief the
Committee no later than 30 days after enactment of this Act on
this matter.
Risk-Based Protections for Members of Congress: Provided
this year's 107% increase in threats against Congress, the
Committee continues to find that ensuring the continuity of
government must include protecting the physical security of
Members of Congress. The recommendation provides $2,000,000 for
the Department to enhance Member security outside of the
Capitol campus in the NCR, as warranted by risk-based analyses.
As laid out in the December 2018 report detailing the
Department's plans to enhance off-campus Member security in the
NCR, the Committee expects the USCP to continue working closely
with the House and Senate Sergeants at Arms and local law
enforcement partners in the NCR and educating Member Offices on
the USCP strategy for Members' protection within the NCR while
outside the Capitol Grounds. The Committee instructs USCP to
coordinate with the House and Senate Sergeants at Arms to
direct patrols to buildings or locations where the Members tend
to congregate in order to fulfill its mission under 2 U.S.C.
1966.
Use of Grounds: The Committee understands the need to
maintain safety and order on the Capitol grounds and commends
the Capitol Police for their efforts. Given the family-style
neighborhood that the Capitol shares with the surrounding
community the Committee continues to instruct the Capitol
Police to forebear enforcement of 2 U.S.C. 1963 (``An act to
protect the public property, turf, and grass of the Capitol
Grounds from injury'') and the Traffic Regulations for the
United States Capitol Grounds when encountering snow sled
riders on the grounds.
Veteran Recruitment: The Committee is interested in USCP
veteran recruitment efforts. The Committee requests a report
from USCP, no later than 90 days after enactment of this Act,
detailing USCP's veteran recruitment efforts and demographic
information of USCP's police force to include veteran status.
Wellness Programs for Law Enforcement: The Committee
appreciates the efforts undertaken by the United States Capitol
Police to develop and implement a holistic wellness and
resiliency program for its workforce, to include its
partnership with the House Wellness Center. The Committee
recognizes the importance that mindfulness plays in having a
first responder workforce that is holistically balanced and
resilient. The Committee is pleased that the new United States
Capitol Police structure includes a dedicated FTE to this
program. Therefore, the Committee directs the United States
Capitol Police to continue this effort and to continue to
collaborate with the Department of Homeland Security's Federal
Law Enforcement Training Center to expand this initiative
through a pilot program, so it may be reviewed and considered
for full implementation across all aspects of Federal law
enforcement.
General Expenses
Appropriation, fiscal year 2021....................... $91,144,000
Budget request, fiscal year 2022...................... 137,468,000
Committee recommendation.............................. 123,514,000
Change from enacted level........................... +32,370,000
Change from request................................. -13,954,000
The Committee recommends $123,514,000 for general expenses
to support the responsibilities for law enforcement, Capitol
complex physical and technological security, dignitary
protection, intelligence analysis, event management, hazardous
material/devices, IT, and other specialized responses, as well
as logistical and administrative support.
The recommendation provides $14,918,708 for Security
Services Bureau (SBB) Security Systems, a $6 million reduction
from the request and $16,400,000 for SBB life-cycle
replacements, same as the request.
Arrest Summary Data: The Committee is aware that the
Capitol Police does publicly share its arrest data, however, it
is not available in a user-friendly format that is searchable,
sortable, and downloadable, and is made available on a
cumulative basis. The Committee directs USCP report to the
Committees as soon as practicable, but no later than 120 days
after enactment of this Act on a timetable for deploying a
system that can meet these requirements.
Diversity Training: Capitol Police officers interact with
thousands of domestic and international visitors every day.
Visitors have varying cultural and social needs, including but
not limited to individuals with limited English proficiency,
diverse cultural and ethnic backgrounds, and disabilities. The
Committee recognizes the USCP for including diversity training
as a part of the current Capitol Police training sessions and
encourages the Capitol Police to continue strengthening its
curriculum to ensure service is provided to all visitors in a
culturally competent manner. The Committee supports vigorous
action to improve training for the USCP sworn officers on
racial profiling, implicit bias, procedural justice, the use of
force, and the duty for officers to intervene when witnessing
the use of excessive force against civilians. The Committee
directs the USCP to report to the Committees not later than 60
days after enactment of this Act the on breadth of training
programs employed by the Department that focus on racial
profiling, implicit bias, procedural justice, use of force,
preventing use of excessive force. Such report shall include
the number of sworn officers who have participated in training
and the types of training programs.
Enhanced Leadership Development for Newly Promoted Sworn
Supervisors: While the Capitol Police has an established new
supervisor training program for newly appointed sergeants and
lieutenants, the Committee believes that enhanced training
should be developed to ensure that these newly appointed
officials have the requisite experiences and knowledge to lead
the officers under their command. The Committee directs the
Department to provide the Committees a report within 90 days of
enactment of this Act that includes a plan for developing and
implementing such an enhanced, new supervisor training program.
The Committee believes that this plan should include, but is
not limited to, a formal rotation of the new supervisors within
the core operational elements to ensure that these new
supervisors have a more in-depth understanding of the
operational functions of the Department, to include specialty
units, civil disturbance unit functionality, division
operations, and the processes specific to the sworn operations
of the Department. Additionally, the plan should include the
manner in which the new supervisors will learn the
administrative support functions necessary for supervisors to
support and lead the rank and file workforce in the performance
of their duties.
Racial Profiling: The Committee is concerned that the
report on Racial Profiling has not been completed as directed
in House Report 116-447. The Committee repeats the text in the
following paragraph, which is identical to that carried on page
21 of House Report 116-447 from July 14, 2020 and directs the
Capitol Police to provide this report immediately after the
official posting of this report.
The Committee is interested in what programs and training
methods and procedures USCP use to eliminate racial profiling.
The Committee directs the USCP to provide a report to the
Committee on Appropriations and the Committee on House
Administration detailing: (1) what policies and procedures are
in place at the academy to eliminate unconscious bias and
racial profiling during training; (2) what steps the USCP has
taken to eliminate existing practices that permit or encourage
racial profiling; and (3) arrest information disaggregated by
race, ethnicity, and gender.
Periodic Reinvestigation and Continuous Vetting: The United
States Capitol Police Inspector General, on March 1, 2021
issued a report titled, Review of the Events Surrounding the
January 6, 2021, Takeover of the U.S. Capitol. Flash Report:
Operational Planning and Intelligence (2021-I-0003-A). Among
the eight recommendations the Inspector General produced was a
recommendation the Department require its sworn and operational
civilian employees to obtain a Top-Secret clearance and require
that administrative civilian employees obtain a minimum of a
Secret clearance. The Committee understands that the
requirement for law enforcement officers to obtain and maintain
a security clearance is common practice in the executive branch
agencies such as the Department of Justice (DOJ) where all law
enforcement agents and officers have a security clearance.
Moreover, all DOJ employees undergo a periodic reinvestigation
to ensure they remain suitable for employment and those who
occupy a national security position are required to undergo a
periodic reinvestigation to ensure they remain eligible to
maintain the security clearance. Additionally, all DOJ agents
and officers occupying a national security position of trust
are subject to continuous vetting.
The Committee believes the Department is a national
security entity and these requirements should be included for
law enforcement agents and officers of the legislative branch
to ensure that the Department's personnel are routinely
reviewed for employment suitability. Therefore, the Committee
directs the Department, not later than 90 days after enactment
of this Act, to undertake an evaluation and provide an
implementation plan to meet the recommendation by the Office of
Inspector General for all Department personnel to obtain and
maintain a security clearance as well as for periodic
reinvestigations and continuous vetting. This plan should
include a summary of legal issues regarding implementation of
such a program, to include impacts on its labor agreements, as
well as fiscal impacts for implementation.
USCP Information Sharing: While the USCP is not subject to
the Freedom of Information Act (FOIA) (5 USC 552), the
Committee directs the USCP to develop a policy and procedure
for the sharing of information that follows the spirit of the
Freedom of Information Act. This policy should be consistent
with, and not interfere with, USCP's primary function of
protecting the Congress.
USCP Inspector General Reports: The Committee is aware that
the public does not have access to reports issued by the
Capitol Police Office of Inspector General. While the Committee
understands that these reports can be sensitive to law
enforcement actions and Congressional security, the Committee
is interested in what reports can be shared with the general
public. The Committee believes that the Inspector General
should try to make appropriate reports public if they do not
compromise law enforcement activities, national security, or
Congressional security and processes without redaction. The
Committee instructs the Inspector General to institute
procedures to make reports publicly available whenever
practicable and to begin publishing reports on its website.
The Committee directs the Inspector General to assess
current practices to prevent, white supremacist and other
extremist organizations infiltration of and sympathy to such
groups by the Capitol Police Force and the successes or
failures of these methods. The Committee encourages the
Inspector General to publish this report no later than 180 days
after the enactment of this Act.
USCP Public Information Office: USCP communication is vital
to provide accurate and timely information to Members and
staff, as well as the public that often visits the Capitol Hill
Complex. While the USCP does an excellent job of keeping
Members and staff informed, the Committee is concerned that the
public is often not aware of severe weather events and security
incidents while on the complex grounds. The Committee directs
the USCP to employ a community notification system that can be
utilized by visitors and community members to allow a larger
audience to receive USCP notifications. The Committee further
directs the USCP to brief the Committees no later than 90 days
after the enactment of this Act on its progress to meet this
directive.
Administrative Provision
Section 114 provides adjustment to FLSA Overtime
Compensation for members of Capitol Police
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
Appropriation, fiscal year 2021....................... $7,500,000
Budget request, fiscal year 2022...................... 7,500,000
Committee recommendation.............................. 8,000,000
Change from enacted level........................... +500,000
Change from request................................. +500,000
The Committee recommends $8,000,000 for salaries and
expenses of the Office of Congressional Workplace Rights,
$500,000 above the request. Increased funding will provide the
Office resources needed to continue important reform
initiatives, provide resources for 31 FTEs and to continue to
implement the Congressional Accountability Reform Act changes
fully implemented in June, 2019. Of the total, $2,500,000 shall
remain available until September 30, 2023.
Americans with Disabilities Act Inspection Report: No later
than 60 days after enactment of this Act, the Office of
Congressional Workplace Rights shall complete and post on its
website an updated Americans with Disabilities Act biennial
inspection report for the 117th Congress.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
Appropriation, fiscal year 2021....................... $57,292,000
Budget request, fiscal year 2022...................... 60,953,000
Committee recommendation.............................. 60,953,000
Change from enacted level........................... +3,661,000
Change from request................................. 0
The Committee recommends $60,953,000 for salaries and
expenses of the CBO, $3,661,000 more than in fiscal year 2021.
CBO is responsible for producing independent analyses of
budgetary and economic issues to support the Congressional
budget process. This funding level will allow CBO to modestly
increase its efforts to improve modeling and analytical
capability in critical areas and to make its work as
transparent and accessible as possible. Each year, the agency
produces dozens of reports, including its outlook on the budget
and economy, and hundreds of cost estimates for proposed
legislation. In addition, the Committee applauds CBO for
creating helpful tools that allow lawmakers to make informed
spending decisions, such as the interactive debt-service table.
The Committee notes that the online workbook allows users to
see how revenues and outlays that differed from those in CBO's
baseline budget projections would increase or decrease net
interest costs and thus affect deficits and debt. Such tools
better equip the Committee and Members of Congress when making
spending decisions.
Responsiveness: The Committee continues to expect CBO to
ensure a high level of responsiveness to Committees, Leadership
and Members, to the greatest extent practicable under the
priorities for CBO set by law, especially when working on
current pending legislation. As an agency that prides itself as
being nonpartisan, CBO should be providing the same information
to all stakeholders at the appropriate time when addressing
legislation that has been made public.
ARCHITECT OF THE CAPITOL
(EXCLUDING SENATE OFFICE BUILDINGS)
Appropriation, fiscal year 2021....................... $585,458,000
Budget request, fiscal year 2022...................... 785,384,000
Committee recommendation.............................. 738,284,000
Change from enacted level........................... +152,826,000
Change from request................................. -47,100,000
The Committee recommends $738,284,000 for the activities of
the AOC. The recommendation is $152,826,000 more than in fiscal
year 2021. (These totals do not include appropriations for
Senate Office Buildings requested at $81,077,000 which are
traditionally left for consideration of the Senate). The
Architect is responsible for the maintenance, operation,
development, and preservation of the United States Capitol
Complex. This includes mechanical and structural maintenance of
the Capitol, Congressional office buildings, the Library of
Congress buildings, the United States Botanic Garden, the
Capitol Power Plant, and other facilities, as well as the
upkeep and improvement of the grounds surrounding the Capitol
complex.
The following table summarizes the allocation of funds by
appropriation account:
Capital Construction and Operations................... $154,915,000
Capitol Building...................................... 43,397,000
Capitol Grounds....................................... 15,437,000
House Office Buildings................................ 193,407,000
Capitol Power Plant................................... 119,601,000
Library Buildings and Grounds......................... 103,578,000
Capitol Police Buildings, Grounds and Security........ 62,031,000
Botanic Garden........................................ 28,824,000
Capitol Visitor Center................................ 26,094,000
The Committee recommendation fully funds the operating
expenses, less the Senate office building request throughout
these accounts.
Capital Construction and Operations
Appropriation, fiscal year 2021....................... $127,462,000
Budget request, fiscal year 2022...................... 153,915,000
Committee recommendation.............................. 154,915,000
Change from enacted level........................... +27,453,000
Change from request................................. +1,000,000
The Committee recommends $154,915,000 for campus-wide
architectural and engineering design; project, property, and
construction management; financial management; procurement;
personnel services; equipment; communications; and other
central support activities of the AOC. Of the total, $8,527,000
shall remain available until September 30, 2026.
Inspector General: Within the total, the Committee provides
no less than $5,300,000 for the AOC Inspector General office.
The recommendation includes request of $808,000 for four
additional FTEs.
Budget Justifications: The Committee thanks the Architect
for including in the Congressional budget justifications for
fiscal year 2022 the description of the activities of the AOC
Construction Division as requested. The Committee requests that
this information identifying the number and size of projects,
and the number of staff funded through Construction Division
activities, and the funding provided to the Division from AOC
jurisdiction accounts continue to be included in the budget
justification material. The Committee continues to request that
the justifications include, in each jurisdiction's section, the
appropriations bill language requested, along with any changes
to be identified with brackets and italicization.
Combatting Communicable Diseases within the Capitol
Complex: The Committee remains concerned about the potential
effect communicable diseases can have on visitors, Members,
staff, and the Capitol workforce. The AOC is directed to
conduct a feasibility study as the next step in implementing
the fiscal year 2021 report recommendations on necessary
upgrades within the Capitol Complex facilities, including doors
and elevators, to reduce the number of surfaces that are
touched by staff and visitors with the goal of reducing the
spread of infectious diseases while also further securing the
Capitol structure to be more resilient and improve both health
and safety infrastructure. To the maximum extent possible, all
products used for these improvements should give preference to
suppliers with domestic manufacturing capabilities. The
Committee supports the requested funding of $5,000,000 for
Planning and Programming and provides an increase of an
additional $1,000,000 for a feasibility study in support of the
combatting communicable diseases within the Capitol Complex.
------------------------------------------------------------------------
Committee
Item recommendation
------------------------------------------------------------------------
Operating Expenses................................... $145,388,000
Projects:
Consolidated Operations Center Assessment Study.. 1,400,000
Capitol Campus Arrival Improvements, Capitol 1,100,000
South...........................................
Federally Recognized Indian Tribes Study......... 1,027,000
Planning and Programming......................... 6,000,000
------------------------------------------------------------------------
Capitol Building
Appropriation, fiscal year 2021....................... $34,719,000
Budget request, fiscal year 2022...................... 43,397,000
Committee recommendation.............................. 43,397,000
Change from enacted level........................... +8,678,000
Change from request................................. 0
The Committee recommends $43,397,000 for the operation,
maintenance, and care of the U.S. Capitol and Capitol Visitor
Center (CVC). Of the total, $12,899,000 shall remain available
until September 30, 2026.
------------------------------------------------------------------------
Committee
Item recommendation
------------------------------------------------------------------------
Operating Expenses................................... $30,498,000
Projects:
Minor Construction............................... 5,500,000
Conservation of Fine and Architectural Art....... 599,000
------------------------------------------------------------------------
Depictions of Native Americans: The Committee included
language in its fiscal year 2021 report regarding depictions of
Native Americans in the Capitol Complex and is pleased that the
Architect is working with interested Members and appears to be
making progress on implementing those recommendations. The
Committee encourages the Architect to continue these efforts.
Capitol Grounds
Appropriation, fiscal year 2021....................... $20,560,000
Budget request, fiscal year 2022...................... 15,437,000
Committee Recommendation.............................. 15,437,000
Change from enacted level........................... -5,123,000
Change from request................................. 0
The Committee recommends $15,437,000 for the care of the
grounds surrounding the Capitol. Of the total, $2,000,000 shall
remain available until September 30, 2026.
------------------------------------------------------------------------
Committee
Item recommendation
------------------------------------------------------------------------
Operating Expenses................................... $13,437,000
Project:
Minor Construction............................... 2,000,000
------------------------------------------------------------------------
Accessibility: The Committee directs the Architect to
prioritize removal of accessibility barriers on the Capitol
Complex.
Bike Lanes: The Committee commends the Architect for
efforts to develop a safe and accessible street system to
better connect all road users to the United States Capitol,
Union Station and the National Mall by making cost-effective
improvements to Louisiana Avenue, Constitution Avenue and 3rd
Street Northwest. The AOC should coordinate with the District
of Columbia Department of Transportation (DDOT), after the
necessary approvals have been received, to pursue completion of
this project in a timely manner. The AOC is also reminded to
ensure close coordination among AOC jurisdictions to minimize
impact on other campus projects and priorities.
Capitol Grounds Improvements: The Committee encourages the
Architect to continue to improve the hardscape and softscape of
the area adjacent to the Capitol South Metro Station, with the
goal of improving the surroundings. Additionally, The committee
recognizes the importance of outdoor seating areas within the
Capitol campus and urges the Architect's office to repair and
maintain these areas for the use of staff and visitors.
Road Conditions around the Capitol: The Committee
encourages the AOC to work with DDOT to evaluate and improve
road conditions in and immediately around the Capitol Complex.
House Office Buildings
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021....................... $138,780,000
Budget request, fiscal year 2022...................... 198,407,000
Committee recommendation.............................. 193,407,000
Change from enacted level........................... +54,627,000
Change from request................................. -5,000,000
The Committee recommends $193,407,000 for the operation,
maintenance, and care of the Rayburn, Cannon, Longworth, Ford,
and O'Neill House Office Buildings, and the House underground
garages. In addition, $9,000,000 will be derived from the House
Office Building Fund for operations and maintenance of the
O'Neill House Office Building. Of the total provided,
$27,900,000 shall remain available until September 30, 2026.
The bill includes $93,000,000 for the continuation of the
Cannon House Office Building renovation project, which shall
remain available until expended. The bill does not include
additional funding for the House Historic Buildings
Revitalization Trust Fund.
------------------------------------------------------------------------
Committee
Item recommendation
------------------------------------------------------------------------
Operating Expenses................................... $67,507,000
Projects:
Exterior Masonry and Envelope Repairs, LHOB...... 2,200,000
Cannon-Capitol Tunnel Improvements............... 5,000,000
CAO Project Support.............................. 8,700,000
Minor Construction............................... 7,000,000
Cannon Building Restoration...................... 93,000,000
------------------------------------------------------------------------
Cannon Building Costs: The Committee recognizes the urgent
need to complete the Cannon Building renewal, which will
replace outdated building systems, conserve historic aspects of
the building, and optimize the functionality of Member suites,
among other improvements. The Committee remains concerned that
the cost of the Cannon renovation continues to increase from an
initial project estimate of $752,700,000 to the current project
estimate of $890,200,000. Additionally, the Committee has been
made aware of potential phase three risk exposure of
approximately $20,000,000 over the phase three budget of
$177,400,000.
The Committee receives periodic reports from the Architect,
the AOC IG, and the GAO on the Cannon project schedule, actual
costs incurred and expected future costs, and design and
construction modifications. A recent report from the AOC has
acknowledged that the COVID-19 virus pandemic is one of the top
risks for timely completion of the project. The report
indicated that cost and schedule impacts are possible due to
supply chain issues, workforce availability, site access, and
enhanced protection measures related to the virus. Therefore,
the Committee expects to receive fast turnaround notice in the
periodic reports that are provided if any further cost
increases are anticipated and how the AOC expects to absorb
them. The AOC is reminded of the administrative provision in
the bill prohibiting funding for incentive or award payments to
contractors for projects that are behind schedule or over
budget.
Energy Efficiencies: The Committee is interested in
exploring opportunities to make significant progress towards
lowering energy costs, increasing the use of renewable energy
sources, and reducing carbon emissions on the Capitol Complex
and encourages the Architect to review the potential costs and
savings associated with these activities. The Committee directs
the Architect to conduct an energy audit of current facilities
and submit a report to the Committees no later than 120 days
after enactment assessing in what way to leverage new energy
technologies and maximize the integration of clean renewable
and alternative energy sources throughout the Legislative
Branch facilities.
Single-Stall Public Washroom Facilities: The Committee is
concerned by the lack of availability of single-stall restrooms
throughout the House office buildings. The Committee notes that
in the five House office buildings there are only 3 public
single-stall washrooms, with an additional 8 with the
conclusion of the Cannon renovation and renewal project. The
Committee directs the Architect to ensure future construction
and remodeling projects incorporate an appropriate number of
public single-stall washrooms in each House office building.
Hygiene Products: The Committee understands there is
interest in making menstrual hygiene products available at no
cost to all those who use restroom facilities in House office
buildings. The Committee hopes that CHA will consider making
this policy change. As part of this process, the Committee
directs the Architect to request resources in the FY 2023
budget to ensure these products are available at no cost in
House office buildings.
Capitol Power Plant
Appropriation, fiscal year 2021....................... $97,761,000
Budget request, fiscal year 2022...................... 119,601,000
Committee recommendation.............................. 119,601,000
Change from enacted level........................... +21,840,000
Change from request................................. 0
The Committee recommends $119,601,000 in direct
appropriations for the operations of the Capitol Power Plant,
which is the centralized provider of utility services for the
Capitol campus. Of the total, $29,000,000 shall remain
available until September 30, 2026. In addition, $10,000,000 in
offsetting collections is available from reimbursements for
steam and chilled water.
------------------------------------------------------------------------
Committee
Item recommendation
------------------------------------------------------------------------
Operating Expenses................................... $90,601,000
Projects:
Piping Replacement and Egress Improvements....... 19,200,000
Pipe Expansion Joint Improvements, G Tunnel...... 5,800,000
Minor Construction............................... 4,000,000
------------------------------------------------------------------------
Library Buildings and Grounds
Appropriation, fiscal year 2021....................... $83,446,000
Budget request, fiscal year 2022...................... 122,678,000
Committee recommendation.............................. 103,578,000
Change from enacted level........................... +20,132,000
Change from request................................. -19,100,000
The Committee recommends $103,578,000 for the care and
maintenance of the Thomas Jefferson Building; James Madison
Memorial Building; John Adams Building; Packard Campus; Ft.
Meade Collection Storage Facility; National Library Services
Facility; and the St. Cecilia Special Services Facilities
Center. Of the total, $70,000,000 shall remain available until
September 30, 2026.
------------------------------------------------------------------------
Committee
Item recommendation
------------------------------------------------------------------------
Operating Expenses................................... $33,578,000
Projects:
Fire Alarm and Audibility Upgrade, Phase I, JMMB. 20,200,000
Stained Glass Window Repairs, Northeast, East, 9,400,000
and Southeast Windows, Phase I, TJB.............
Roof Repairs, TJB................................ 11,400,000
Electrical Power & Grounding Systems Analysis, 4,500,000
LOC.............................................
Roof Replacement, Upper Floors, JMMB............. 20,500,000
Minor Construction............................... 4,000,000
------------------------------------------------------------------------
Capitol Police Buildings, Grounds, and Security
Appropriation, fiscal year 2021....................... $45,993,000
Budget request, fiscal year 2022...................... 76,031,000
Committee recommendation.............................. 62,031,000
Change from enacted level........................... +16,038,000
Change from request................................. -14,000,000
The Committee recommends $62,031,000 for the maintenance,
care and operation of buildings, grounds and security
enhancements of the United States Capitol Police and AOC
security operations. Of the total, $32,800,000 shall remain
available until September 30, 2026.
Forced entry/ballistic resistant doors: The Architect of
the Capitol is strongly encouraged to coordinate with the
Sergeant-at-Arms and the Capitol Police to source doors that
provide the best level of protection possible, make
modifications that meet the highest United States Government
security criteria and offer solutions that can be adapted to
the Capitol environment where there are weight limitations, as
well as meet the need for aesthetically compatible products
that blend into the Capitol's historical architecture. In
particular, the Architect is urged to examine and consider
Forced Entry/Ballistic Resistant (FEBR) wooden doors that are
lightweight and historically accurate. The Architect is
directed to undertake a feasibility study and to submit a
report to the Committees on Appropriations, no later than 90
days after enactment of this Act, describing options that have
been considered for the construction, operation, and
maintenance of FEBR wooden doors, and identify options for
deployment of such doors inside key nodes of the Capitol
Complex, including the House and Senate Floor, leadership
offices, Committee Rooms, office buildings, as well as, at key
outside checkpoints and guardhouses along the perimeter of the
Capitol.
------------------------------------------------------------------------
Committee
Item recommendation
------------------------------------------------------------------------
Operating Expenses................................... $35,031,000
Projects:
Barrier Lifecycle and Security Kiosk Repair, 9,100,000
Phase VI........................................
East Plaza Lighting Upgrade, USC................. 10,900,000
Minor Construction............................... 6,750,000
Forced Entry/Ballistic Resistant Door Study...... 250,000
------------------------------------------------------------------------
Botanic Garden
Appropriation, fiscal year 2021....................... $20,986,000
Budget request, fiscal year 2022...................... 28,824,000
Committee recommendation.............................. 28,824,000
Change from enacted level........................... +7,838,000
Change from request................................. 0
The Committee recommends $28,824,000 for the improvement,
operation, care, and maintenance of the United States Botanic
Garden (USBG) Conservatory; the National Garden; the
Administration Building; the Bartholdi Park and Fountain;
heritage and other plant collections; and the USBG Production
Facility at D.C. Village. Of the total, $14,100,000 shall
remain available until September 30, 2026.
------------------------------------------------------------------------
Committee
Item recommendation
------------------------------------------------------------------------
Operating Expenses................................... $14,724,000
Projects:
Fire Alarm System Replacement, BGC............... 3,900,000
National Garden Improvements, BGNG............... 5,200,000
Minor Construction............................... 4,500,000
Urban Agriculture Initiatives.................... 500,000
------------------------------------------------------------------------
Collaboration with the United States Department of
Agriculture (USDA): The Committee recognizes the value of the
USBG supporting the evolution of urban agriculture. The
Committee recommendation includes additional funding for urban
agriculture initiatives and urges program expansion. The
Committee encourages USBG to continue to collaborate with USDA
to support the USBG's efforts to host and serve as an
educational and training location for local and national
audiences, and to explore reviving the Victory Gardens concept
for community agriculture programming. Additionally, the
Committee encourages the USBG to consider climate zones, to
include tropical and subtropical climate zones, when making
future awards.
Capitol Visitor Center
Appropriation, fiscal year 2021....................... $24,751,000
Budget request, fiscal year 2022...................... 26,094,000
Committee recommendation.............................. 26,094,000
Change from enacted level........................... +1,343,000
Change from request................................. 0
The Committee recommends $26,094,000 for the operations of
the CVC. The CVC was established to provide a secure public
environment to welcome and manage the large number of visitors
and to protect the Capitol, its occupants, and guests in an
atmosphere of open access.
Diversity at the Capitol Visitors Center: The Committee
recognizes that since its opening, the Capitol Visitors Center
has welcomed millions of visitors from around the world who
through their visit learn about our capitol's history. The
Committee also recognizes the significant contributions to the
prosperity of the United States made by Black, Latino, Native
America, and Asian American and Pacific Islander communities
throughout American history and since its founding. As such the
Committee recognizes the underrepresentation of these
communities in the telling of our nation's history and directs
the Capitol Visitors Center to work with the Architect of the
Capitol, the Library of Congress, and with other relevant
stakeholders including Members of Congress and scholars on a
plan to increase representation of these racial and ethnic
minorities at the Capital Visitor's Center, including in all
facets of the Capitol Visitors Center online and in-person
exhibitions, audio-visual presentations, and historical
artifacts on display including statues.
Non-English Tours: The Committee commends the AOC for
making tours of the Capitol available in languages other than
English. Hundreds of thousands of international visitors visit
the Capitol each year. Currently, translated brochures are
available in twelve languages, while listening devices for
tours are available in five languages. The Committee continues
to encourage the AOC to make listening devices and in-person
tours available in additional languages, beginning with those
for which brochures have already been translated. Additionally,
the Committee urges the AOC to expand its virtual offerings for
those outside of Washington, either due to the pandemic or
difficulty traveling, and to include language options in these
virtual offerings.
Administrative Provision
Section 115 prohibits payment of bonuses to contractors
behind schedule or over budget during fiscal year 2022.
LIBRARY OF CONGRESS
Appropriation, fiscal year 2021....................... $757,346,000
Budget request, fiscal year 2022...................... 801,008,000
Committee recommendation.............................. 794,378,000
Change from enacted level........................... +37,032,000
Change from request................................. -6,630,000
The Committee recommends $794,378,000 for the activities of
the Library of Congress (LOC). The recommendation is
$37,032,000 more than in fiscal year 2021. Established by
Congress in 1800, the Library is the largest library in the
world, with a collection of more than 170,000,000 print, audio,
and video items in 470 languages. Among its major programs are
acquisitions, preservation, administration of United States
copyright laws by the Copyright Office, research and analysis
of policy issues for the Congress by the Congressional Research
Service, and administration of a national program to provide
reading material to the blind and print disabled. The Library
maintains a significant number of collections and provides a
range of services to libraries in the United States and abroad.
The following table summarizes the allocation of funds by
appropriation account:
Salaries and Expenses................................. $548,317,000
Copy Right Office..................................... 53,064,000
Congressional Research Service........................ 131,770,000
National Library Service for the Blind and Print 61,227,000
Disabled.............................................
Salaries and Expenses
Appropriation, fiscal year 2021....................... $523,654,000
Budget request, fiscal year 2022...................... 557,111,000
Committee recommendation.............................. 548,317,000
Change from enacted level........................... +24,663,000
Change from request................................. -8,794,000
The Committee recommends $548,317,000, plus authority to
spend receipts, for salaries and expenses. The recommendation
does not include the FY 2022 request of $8,794,000 for 5G
cellular technology upgrades or Integrated Electronic Security
System (IESS) as these funds were included in the Emergency
Security Supplemental Appropriations Act, H.R. 3237, that
passed the House on May 20, 2021.
Within the total, the Committee provides no less than
$4,336,000 for the LOC Inspector General office to support no
less than 14 FTE. The recommendation makes the following
amounts available until expended: $9,661,000 for the Teaching
with Primary Sources Program, $1,419,000 for the Legislative
Branch Financial Management System, $250,000 for the Surplus
Books Program, $3,831,000 for the Veterans History Project, and
$10,000,000 for the Visitors Experience project.
Archival Preservation of Central and Eastern European
Collections: The Committee recognizes the cultural
contributions of American diasporic groups from nations and
communities of the former Soviet Union and its Republics and
appreciates the value in preserving their stories, documents,
and other materials from cultural diasporas across Europe. The
Committee encourages the LOC to strengthen its partnerships
with museums, non-profits, and ethnic heritage centers across
the United States. The Committee also recognizes the important
work the LOC is doing in the field of collecting, preserving,
and providing access to oral histories, documents, and other
materials that represent the varied historical experiences and
cultural traditions of the American people. The Committee
requests that the Library work with federal agencies (such as
the Institute for Museum and Library Services and the National
Endowment for the Humanities), to strengthen relationships with
museums, non-profits, and ethnic heritage centers across the
country that collect stories, documents and materials from
families and institutions dedicated to the experience of
Eastern and Central European emigres over the past 75 years.
The Committee directs the Librarian to undertake a feasibility
study and report to the Committees no later than 180 days after
enactment on the potential of assembling a centralized
collection of stories, documents and materials from families
and institutions dedicated to Eastern and Central European
collections. The study shall include any potential activities
and outreach required, financial costs and shall include a
summary of any storage, display or potential legal issues
associated with the creation of such a collection.
Diversity at the Library of Congress: The Committee
recognizes the Library of Congress's role as the largest
library in the world and its important work in preserving
culture from around the world through books, recordings,
photographs, newspapers, maps, and manuscripts. The Committee
also recognizes the significant contributions to the prosperity
of the United States made by Black, Latino, Native American,
Asian American, and Pacific Islander communities, and the
historic underrepresentation of these communities in our
nation's mainstream culture. The Committee encourages the
Library of Congress to continue prioritizing diversity in its
work especially through the National Film Registry, including
in the annual addition of film titles as well as the membership
of the National Film Preservation Board, and National Book
Festival.
IT Modernization: The Library has made significant progress
in recent years modernizing essential Library technology and
standardizing and optimizing Library operations. The
recommendation will allow the Library's flagship websites,
loc.gov, congress.gov and crs.gov, to be sustained in
continuous development and allowing IT infrastructure to
continue to be refined and enhanced, with increased integration
of IT development, IT security, and IT operations. The agency-
wide modernization efforts also address major IT efforts for
the Copyright Office, CRS and the National Library Service for
Blind and Print Disabled (NLS). The Committee expects the LOC
to continue to refine the IT Modernization and Integrated
Master Schedule and encourages the LOC to consider it as an
evolving document. The plan should be used to integrate
schedules and cost baselines for responsible project
management. In addition, the leadership of Office of the
Librarian should help shape and use it as an important
management tool.
Law Library: The Committee continues to commend the Law
Library for providing support to the time-sensitive and complex
needs of the Congress, the Supreme Court, executive branch
agencies, courts, practicing attorneys, State bars, State and
local governments, American businesses, scholars, journalists,
and those with legal research needs. The Committee urges the
Law Library to continue its digitization strategy as part of
the Library's overall digitization strategy to increase online
access to major parts of its collection, such as the United
States Serial Sets and Supreme Court Records and Briefs.
Lewis-Houghton Civics and Democracy Initiative: The
Committee has received requests from Members of the House for a
proposal to support new digitally-enabled, user-centered
initiatives of outside partners to institute comprehensive,
assessable, projects-based curricula for use in secondary
schools through music-driven instruction in history, civics and
democracy using LOC primary resources, such as the LOC American
Folklife Center, the Songs of America collection and other
important LOC archives and collections. The Committee believes
this initiative warrants further study and consideration and
therefore directs the Librarian to explore the potential of
using existing digital programs through the Center for
Learning, Literacy and Engagement (CLLE) account to expand and
facilitate primary-source-based learning and student research.
The Committee requests the Library provide a briefing to the
Committees no later than 90 days after enactment of this Act.
Modules at Ft. Meade: The Committee looks forward to the
receipt by the first quarter of fiscal year 2022 of the new
long-range plan for Ft. Meade being overseen by the Library,
with the participation of the AOC.
National Film and Sound Preservation: The Committee
recognizes the important work of the National Film Preservation
Program and the National Sound Recording Preservation Program,
including the Federally chartered National Film and National
Recording Preservation Foundations. Consistent with the
authorizing statute, the Foundations utilize both public and
private matching funds to provide grants to a wide array of
educational and non-profit organizations that help preserve
historical and cultural artifacts that would otherwise
disappear or be destroyed over time. The Committee expects the
Library to continue to provide support to these programs.
Outreach to Minority-Serving Institutions: The Committee
encourages the Library of Congress to increase cooperative
partnership, fellowship opportunities, and curriculum program
associations with community colleges, HBCUs, HSIs, Asian
American and native American Pacific Islander-serving
institutions, American Indian Tribally controlled colleges and
universities, Alaska native and Native Hawaiian-serving
institutions, and other minority-serving institutions. The
Library is directed to report to the Committees on these
efforts within 60 days of the enactment of this Act.
Veterans History Project: The Committee recommends an
appropriation of $3,831,000 for the Veterans History Project,
recognizing its importance as a way to collect, preserve and
make accessible the personal accounts of American war veterans
for the benefit of future generations. Funding is provided to
continue digitization efforts of already-collected materials,
reach greater numbers of veterans to record their stories and
promote public access to the Project.
Visitor Experience Initiative: The Committee supports the
LOC Visitor Experience initiative to improve and enhance the
Jefferson Building program for its nearly two million annual
visitors. The Committee recommendation provides $10,000,000 for
the final installment of the Visitors Experience program. In
addition, $13,120,000 in private donations have been pledged to
date. The bill includes language making the $10,000,000
available only upon the approval of the Committees. The
Committee continues to direct the LOC to notify on a, quarterly
basis, the latest cost estimates for the project as well as
obligations incurred, by fiscal year source. The cost estimates
in the report should be validated by both the Librarian and the
Architect.
Copyright Office
Salaries and Expenses
Appropriation, fiscal year 2021....................... $48,634,000
Budget request, fiscal year 2022...................... 53,064,000
Committee recommendation.............................. 53,064,000
Change from enacted level........................... +4,430,000
Change from request................................. 0
The Committee recommends $53,064,000 in direct
appropriations to the Copyright Office. An additional
$41,974,000 is made available from receipts for salaries and
expenses and $3,000,000 is available from prior year
unobligated balances for a total of $98,038,000.
The recommendation includes $3,163,000, as requested, to
support implementation of the Copyright Alternative in Small-
Claims Enforcement (CASE) Act, which establishes a Copyright
Claims Board within the United States Copyright Office to
resolve copyright infringement claims. Within the total,
$1,689,000 is provided for eight additional FTEs in FY 2022.
Copyright Modernization: Few government bodies are more
important to the growth of creativity and commercial artistic
activity in the Nation than the Copyright Office. The Committee
continues to support the Copyright Office's efforts to
modernize its IT infrastructure to effectively serve users and
copyright owners in the 21st century. The Committee encourages
the Library to remain sensitive to the specialized requirements
of the Copyright Office as the Office implements its IT
modernization plan in conjunction with the overall Library IT
modernization effort.
Copyright Expertise: The Committee continues to support the
Office's use of funds to offer expertise on copyright matters
to the Executive Branch, including participation in
international discussions. Consistent with historical practice,
the Committee expects the Library to continue to defer to the
copyright expertise of the Register of Copyrights and to ensure
direct consultation between the Copyright Office and Congress.
Congressional Research Service
Salaries and Expenses
Appropriation, fiscal year 2021....................... $125,495,000
Budget request, fiscal year 2022...................... 129,606,000
Committee recommendation.............................. 131,770,000
Change from enacted level........................... +6,275,000
Change from request................................. +2,164,000
The Committee recommends $131,770,000 for salaries and
expenses of CRS. CRS works for the Members and Committees to
support their legislative, oversight, and representational
functions by providing nonpartisan and confidential research
and policy analysis. CRS provides an important service for
Members and staff, publishing hundreds of reports annually free
of charge and providing briefings on pertinent policy issues
considered by Congress. The expert nonpartisan analysts at CRS
keep Congress informed, contributing to intelligent and
responsible policymaking.
Continuing Education for Congressional Staff: In the FY
2021 report (H.R. 116-447) the Committee instructed CRS to
provide a report on the concept and design of a pilot program
for a Congressional law program for senior Congressional staff.
The recommendation includes $1,000,000 for the creation of a
Legal Institute with introductory and advanced programs, geared
towards senior Congressional staff who have not attended law
school, which would educate participants on legal fundamentals
that inform Congress's lawmaking and oversight functions. The
Committee expects CRS to present a plan on the implementation
and execution of the program not later than 90 days after
enactment of this Act.
National Library Service for the Blind and Print Disabled
Salaries and Expenses
Appropriation, fiscal year 2021....................... $59,563,000
Budget request, fiscal year 2022...................... 61,227,000
Committee recommendation.............................. 61,227,000
Change from enacted level........................... +1,664,000
Change from request................................. 0
The Committee recommends $61,227,000 for salaries and
expenses of the National Library Service for the Blind and
Print Disabled (NLS). The Committee supports the acquisition of
a new headquarters for NLS and directs the LOC to report on the
status no later than 60 days after enactment.
The NLS is a free braille and talking book library service
for people with temporary or permanent low vision, blindness,
or a disability that prevents them from reading or holding the
printed page. Through a national network of regional and sub-
regional libraries, NLS circulates books and magazines in
braille and audio formats, which are delivered by postage-free
mail or are instantly downloadable.
BARD Modernization: The Committee also continues to support
the modernization of Braille and Audio Reading Download (BARD)
Infrastructure and provides $5,000,000 for the program, which
distributes audio and electronic braille materials. The
program's objective is to transition these services to a cloud-
based environment.
Braille eReader and Talking Book Machine Initiative: The
Committee continues to support the Braille eReader and Talking
Book Machine initiatives. The recommendation provides
$2,375,000 for the Braille eReader and Talking Book Machine
initiative. This funding will continue the acquisition of 2,000
new e-Reader devices for distribution through the NLS Machine
Lending Agencies, which also distribute talking book machines.
Administrative Provisions
Section 116 limits to $292,430,000 the amount that may be
obligated during fiscal year 2022 from various reimbursements
and revolving funds available to the Library of Congress.
Section 117 allows acceptance of donations of gifts and
property for the Library of Congress.
Section 118 applies the same protest limits to Library of
Congress that apply to Executive Branch agencies and
departments.
GOVERNMENT PUBLISHING OFFICE
The Government Publishing Office (GPO) publishes and
disseminates Federal government publications to Congress,
Federal agencies, Federal depository libraries, and the
American public.
Congressional Publishing
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021....................... $78,000,000
Budget request, fiscal year 2022...................... 80,184,000
Committee recommendation.............................. 80,184,000
Change from enacted level........................... +2,184,000
Change from request................................. 0
The Committee recommends $80,184,000 for Congressional
Publishing, the same as the request and $2,184,000 above
enacted. This account funds the costs of publishing
Congressional information products in both digital and print
formats.
Public Information Programs of the Superintendent of Documents
Salaries and Expenses
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2021....................... $32,300,000
Budget request, fiscal year 2022...................... 34,020,000
Committee recommendation.............................. 34,020,000
Change from enacted level........................... +1,720,000
Change from request................................. 0
The Committee recommends $34,020,000 for the salaries and
expenses of the Public Information Programs of the
Superintendent of Documents.
This appropriation primarily supports the cataloguing and
indexing of Federal Government publications (the results of
which are now available online) and for operating the Federal
Depository Library system and providing Federal documents to
the network of 1,133 depository libraries nationwide.
Government Publishing Office Business Operations Revolving Fund
Appropriation, fiscal year 2021....................... $6,700,000
Budget request, fiscal year 2022...................... 11,345,000
Committee recommendation.............................. 11,345,000
Change from enacted level........................... +4,645,000
Change from request................................. 0
The Committee recommends $11,345,000 for the Government
Publishing Office Business Operations Revolving Fund, which
finances GPO's publishing operations.
This business-like fund is used to pay GPO's costs in
performing or procuring from private-sector sources
Congressional and agency publishing, information product
procurement, and publications dissemination activities. The
fund is reimbursed from payments from customer agencies, sales
to the public, appropriations to the fund, and transfers from
GPO's two annual appropriations.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
Appropriation, fiscal year 2021....................... $661,139,000
Budget request, fiscal year 2022...................... 744,317,000
Committee recommendation.............................. 729,262,000
Change from enacted level........................... +68,123,000
Change from request................................. -15,055,000
Established by the Budget and Accounting Act of 1921 the
GAO works for Congress by responding to requests for studies of
Federal government programs and expenditures and may also
initiate its own work. The Committee recommends $729,262,000 in
direct appropriations for GAO. In addition, $38,900,000 is
available in offsetting collections derived from reimbursements
for conducting financial audits of government corporations and
rental of space in the GAO building. The Committee
recommendation provides for the hiring of 190 new FTEs a
reduction of 30 FTEs from the request. This will provide GAO
with a staff capacity of 3,370 FTEs. Within the total, the
Committee provides no less than $2,451,000 for the GAO
Inspector General office to support no less than 11 FTEs.
Appropriations and Budget Law: The Committee notes and
commends the improvements made by the GAO Appropriations Law
Group (the Group) in response to concerns identified by the
Committee in H. Rept. 116-447, including through the agency's
efforts to increase resources dedicated to supporting
Congress's power of the purse and oversight role. The Group
plays an important support role in protecting Congress'
constitutional power of the purse and the rule of law, and the
Committee encourages the Group to continue to build on these
improvements. As timely decisions by GAO facilitate informed
congressional action, the Committee also encourages the Group
to find ways to ensure that its formal legal decisions are
published in a timely manner and to prioritize the publication
of decisions from outstanding requests.
Community Project Funding Transparency and Accountability:
The Committee includes, as part of the fiscal year 2022
appropriations process, Community Project Funding, which
identifies the specific recipients of certain federal funds in
most of this year's annual appropriations acts. Community
Project Funding is being included in fiscal year 2022
appropriations bills, consistent with House Rules XXI and
XXIII, and the Committee highlights the public transparency and
accountability that underpins the process for vetting these
proposals. Consistent with those goals, the Committee directs
the GAO to undertake an audit of Community Project Funding
contained in fiscal year 2022 appropriations legislation, with
the goal of informing the Committee's consideration of
Community Project Funding in subsequent fiscal years.
The audit shall include the following characteristics,
after consultation with the Committees:
1. The review shall be based upon a sample drawn from
Community Project Funding items across agencies and
subcommittees.
2. The review shall determine whether the entities or
projects identified to receive Community Project
Funding received the funding in question, whether such
recipients spent, or had an identifiable plan to spend,
and the amounts provided on the purposes identified by
the Congress.
3. The review shall evaluate whether the relevant
agency or office distributed each Community Project
Funding item identified for examination in a timely
fashion, and whether such agency or office installed
sufficient processes for monitoring the recipients'
expenditure of such funding.
The GAO shall conduct the audit and provide periodic
briefings and reports based on available data to the
Committees, including a report to inform the fiscal year 2023
budget process.
Duplicative Government Programs: Each year, GAO identifies
and reports on federal agency programs with fragmented,
overlapping, or duplicative goals or activities and ways to
reduce costs or enhance revenue. As of March, 2020, Congress
and the executive branch agencies have full addressed or
partially addressed 721 of 908 actions to improve efficiency
and effectiveness of government, resulting in roughly
$393,000,000,000 in financial benefits. The Committee continues
to direct GAO to issue these reports and urges Congress and the
executive branch to address duplicative programs.
GAO Study: The Committee directs the Comptroller General to
conduct a study on options federal agencies could use to
replace existing requirements for essential personal documents
that can be used by persons experiencing homelessness or
housing unstable. The Committee encourages that the GAO study
include agencies such as: Health and Human Services, the
Department of Veterans Affairs, the Department of Justice, the
Social Security Administration, the Internal Revenue Service,
United States Citizenship and Immigration Services, and any
other agency identified by the Comptroller General to be
issuing essential documents. Such study should examine barriers
to obtaining state-issued identification created by
implementation of the REAL ID Act for people experiencing
homelessness, including barriers to obtaining or replacing a
state-issued drivers license. The Committee further directs
that the Comptroller General shall submit any report(s) to
relevant Committees of Congress and provide a copy to the
United States Interagency Council on Homelessness.
Science and Technology Assessment: The Committee is pleased
with GAO's institutional development of its technology and
science function through the Science, Technology Assessment,
and Analytics (STAA) team. The Committee is pleased with STAA's
unbiased fact-based scientific and technological expertise. The
Committee encourages GAO to continue to develop new components
of STAA studies by including policy recommendation options,
when appropriate to the subject. STAA is also encouraged to
identify new cloud data management and storage solutions for
GAO's enormous volume of data that would enhance STAA's
analytic capabilities and make the data more accessible and
usable.
Unimplemented Recommendations: The Committee is concerned
with the potential waste of federal tax dollars due to
departments and agencies in the Federal Government not
implementing GAO recommendations. The Committee directs that no
later than 180 days after enactment of this Act, the
Comptroller General shall provide the Committees with a report
estimating the financial costs of unimplemented Government
Accountability Office recommendations by agency.
OPEN WORLD LEADERSHIP CENTER (OWLC) TRUST FUND
Appropriation, fiscal year 2021....................... $6,000,000
Budget request, fiscal year 2022...................... 6,000,000
Committee recommendation.............................. 6,000,000
Change from enacted level........................... 0
Change from request................................. 0
The Committee recommends $6,000,000 for salaries and
expenses of the Open World Leadership Center Trust Fund. The
Committee supports the name change to Congressional Office for
International Leadership (COIL).
Grant Writer: The Committee is pleased with the hiring of a
grant writer to help secure additional funds for COIL's mission
in Ukraine and throughout Eurasia to counterbalance Kremlin
disinformation.
Hungary: The Committee remains concerned about
opportunities for increased Russian influence in the region,
including challenges with corruption and weakening civil
society in Hungary. The Committee is pleased with Open World
efforts to explore increased exchange with Hungary as a former
Communist country in Central and Eastern Europe.
Poland: The Committee remains concerned that the murder of
Gdansk mayor Pawel Adamowicz may foster political polarization.
The Committee is pleased with Open World's efforts to explore
increased exchange with Poland as a former Communist country in
Central and Eastern Europe.
Administrative Provision
Section 119 provides for statutory name change and
clarifies references to name change in prior Appropriations
Acts.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
Appropriation, fiscal year 2021....................... $430,000
Budget request, fiscal year 2022...................... 430,000
Committee recommendation.............................. 430,000
Change from enacted level........................... 0
Change from request................................. 0
The Committee recommends $430,000 for salaries and expenses
for the Stennis Center. The Center provides Congressional staff
training and development opportunities to promote and
strengthen public service leadership in America.
TITLE II--GENERAL PROVISIONS
Continues several provisions from prior years, including
language regarding maintenance and care of private vehicles,
fiscal year limitation, rates of compensation and designation,
consulting services, the Legislative Branch Financial Managers
Council, a limitation on transfers, guided tours of the
Capitol, limitations on telecommunications equipment
procurement, prohibition on certain operational expenses, and
plastic waste reduction.
Includes a limitation for the cost of living adjustment for
Members of Congress for fiscal year 2022.
Includes new language permitting funding in this Act to be
used to employ individuals with an employment authorization
document under the Deferred Action for Childhood Arrivals
(DACA) Program.
Includes new language standardizing the salary rates for
certain Legislative Branch officials to the salary rates
provided for most Legislative Branch officials by the P.L. 116-
94, the fiscal year 2020 consolidated appropriations act.
Includes new language requiring the Architect of the
Capitol to remove statues and a bust in the U.S. Capitol
representing Confederate Army or Government officials, as well
as the statuary for four white supremacists, including Roger B.
Taney.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee considers program performance, including a
program's success in developing and attaining outcome-related
goals and objectives, in developing funding recommendations.
Rescissions
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following details the rescissions
in the accompanying bill:
The bill does not contain rescissions.
Transfer of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following lists the transfers of
funds included in the accompanying bill:
Within the House Modernization Initiatives Account
authorization, section allowing transfers among House accounts.
A proviso in the appropriation for ``Architect of the
Capitol, House Office Buildings'' directs transfer of
$9,000,000 into that account from the House Office Buildings
Fund.
Within the Government Publishing Office, provisos in the
appropriations for ``Congressional Publishing'' and ``Public
Information Programs of the Superintendent of Documents,
Salaries and Expenses'' authorize transfer of unobligated or
unexpended balances of expired discretionary funds appropriated
under those headings for fiscal year 2022 to the ``Government
Publishing Office Business Operations Revolving Fund'' account.
Disclosure of Earmarks and Congressionally Directed Spending Items
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, this bill, as reported, contains no
Congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9 of rule XXI.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 101 OF THE LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1993
administrative provisions
Sec. 101. (a) Amounts appropriated for any fiscal year for
the House of Representatives under the heading ``ALLOWANCES AND
EXPENSES'' may be transferred among and merged with the various
categories of allowances and expenses under such heading,
effective upon the expiration of the 21-day period (or such
alternative period that may be imposed by the Committee on
Appropriations of the House of Representatives) which begins on
the date such Committee has been notified of the transfer.
(b) Amounts appropriated for any fiscal year for the House of
Representatives under the heading ``SALARIES, OFFICERS AND
EMPLOYEES'' may be transferred among and merged with the
various offices and activities under such heading, effective
upon the expiration of the 21-day period (or such alternative
period that may be imposed by the Committee on Appropriations
of the House of Representatives) which begins on the date such
Committee has been notified of the transfer.
(c)(1) Amounts appropriated for any fiscal year for the House
of Representatives under the headings specified in paragraph
(2) may be transferred among and merged with such headings,
effective upon the expiration of the 21-day period (or such
alternative period that may be imposed by the Committee on
Appropriations of the House of Representatives) which begins on
the date such Committee has been notified of the transfer.
(2) The headings referred to in paragraph (1) are ``House
Leadership Offices'', ``Members' Representational Allowances'',
``Committee Employees'', ``Salaries, Officers and Employees'',
``Allowances and Expenses'', the heading for any joint
committee under the heading ``Joint Items'' (to the extent that
amounts appropriated for the joint committee are disbursed by
the Chief Administrative Officer of the House of
Representatives), ``Office of the Attending Physician'',
``Allowance for Compensation of Interns in Member Offices'',
``Allowance for Compensation of Interns in House Appropriations
Committee Offices'', ``Allowance for Compensation of Interns in
House Standing, Special and Select Committee Offices'',
``Allowance for Compensation of Interns in House Leadership
Offices'', and ``House of Representatives Modernization
Initiatives Account''.
(d) Amounts appropriated for any fiscal year for the House of
Representatives under the heading ``Allowances and Expenses''
may be transferred to the Architect of the Capitol and merged
with and made available under the heading ``House Office
Buildings'', subject to the approval of the Committee on
Appropriations of the House of Representatives.
(e) Amounts appropriated for any fiscal year for the House of
Representatives under any heading other than the heading
``Members' Representational Allowances'' may be transferred to
the Architect of the Capitol and merged with and made available
under the heading ``House Historic Buildings Revitalization
Trust Fund'', subject to the approval of the Committee on
Appropriations of the House of Representatives.
(f) Amounts appropriated for any fiscal year for the House of
Representatives under the heading ``House Leadership Offices''
may be transferred among and merged with the various offices
and activities under such heading, effective upon the
expiration of the 21-day period (or such alternative period
that may be imposed by the Committee on Appropriations of the
House of Representatives) which begins on the date such
Committee has been notified of the transfer.
----------
SECTION 4 OF THE ACT OF MARCH 3, 1925
(Public Law Chapter 423 of the 68th Congress)
AN ACT An Act to create a Library of Congress Trust Fund Board, and for
other purposes.
Sec. 4. Nothing in this Act shall be construed as prohibiting
or restricting the Librarian of Congress from accepting in the
name of the United States gifts or bequests in the interest of
the Library, its collections, or its service, of the following:
(1) nonpersonal services; (2) voluntary and uncompensated
personal services not to exceed $10,000 per person, per year in
value; [and] (3) gifts or bequests of money for immediate
disbursement[.]; and (4) gifts or bequests of securities or
other personal property. Such gifts or bequests of money, after
acceptance by the librarian, shall be paid by the donor or his
representative to the Treasurer of the United States whose
receipts shall be their acquittance. In the case of a gift of
securities, the Librarian shall sell the gift and provide the
donor with such acknowledgment as needed for the donor to
substantiate the gift. The Treasurer of the United States shall
[enter them] enter the gift, bequest, or proceeds in a special
account to the credit of the Library of Congress and subject to
disbursement by the librarian for the purposes in each case
specified. The Librarian shall make an annual public report
regarding gifts accepted under this section.
Upon agreement by the Librarian of Congress and the Board, a
gift or bequest accepted by the Librarian under the first
paragraph of this section may be invested or reinvested in the
same manner as provided for trust funds under the second
paragraph of section 2.
----------
TITLE 41, UNITED STATES CODE
* * * * * * *
SUBTITLE II--OTHER ADVERTISING AND CONTRACT PROVISIONS
* * * * * * *
CHAPTER 61--ADVERTISING
* * * * * * *
Sec. 6102. Exceptions from advertising requirement
(a) American Battle Monuments Commission.--Section 6101 of
this title does not apply to the American Battle Monuments
Commission with respect to leases in foreign countries for
office or garage space.
(b) Bureau of Interparliamentary Union for Promotion of
International Arbitration.--Section 6101 of this title does not
apply to the Bureau of Interparliamentary Union for Promotion
of International Arbitration with respect to necessary
stenographic reporting services by contract.
(c) Department of State.--Section 6101 of this title does not
apply to the Department of State when the purchase or service
relates to the packing of personal and household effects of
Diplomatic, Consular, and Foreign Service officers and clerks
for foreign shipment.
(d) International Committee of Aerial Legal Experts.--Section
6101 of this title does not apply to the International
Committee of Aerial Legal Experts with respect to necessary
stenographic and other services by contract.
(e) Architect of the Capitol.--The purchase of supplies and
equipment and the procurement of services for all branches
under the Architect of the Capitol may be made in the open
market according to common business practice, without
compliance with section 6101 of this title, when the aggregate
amount of the purchase or the service does not exceed $25,000
in any instance.
(f) Forest Products From Indian Reservations.--Lumber and
other forest products produced by Indian enterprises from
forests on Indian reservations may be sold under regulations
the Secretary of the Interior prescribes, without compliance
with section 6101 of this title.
(g) House of Representatives.--Section 6101 of this title
does not apply to purchases and contracts for supplies or
services for any office of the House of Representatives.
(h) Congressional Budget Office.--The Director of the
Congressional Budget Office may enter into agreements or
contracts without regard to section 6101 of this title.
(i) Senate.--Section 6101 of this title does not apply to
agreements, contracts or purchases by any office of the Senate.
(j) Librarian of Congress.--Section 6101 of this title does
not apply to a procurement made against an order placed under a
task order contract or a delivery order contract (as such terms
are defined in section 4101 of this title) entered into by the
Librarian of Congress.
* * * * * * *
----------
SECTION 313 OF THE LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2001
Sec. 313. [Open World Leadership Center.--] Congressional
Office for International Leadership._(a) Establishment.--
[(1) In general.--There is established in the
legislative branch of the Government a center to be
known as the ``Open World Leadership Center (the
`Center')''.]
(1) In general.--There is established in the
legislative branch of the Government an office to be
known as the ``Congressional Office for International
Leadership'' (the ``Office'').
(2) Board of trustees.--[The Center] The Office shall
be subject to the supervision and direction of a Board
of Trustees (the ``Board'') which shall be composed of
11 members as follows:
(A) Two Members of the House of
Representatives appointed by the Speaker of the
House of Representatives, one of whom shall be
designated by the Majority Leader of the House
of Representatives and one of whom shall be
designated by the Minority Leader of the House
of Representatives.
(B) Two Senators appointed by the President
pro tempore of the Senate, one of whom shall be
designated by the Majority Leader of the Senate
and one of whom shall be designated by the
Minority Leader of the Senate.
(C) The Librarian of Congress.
(D) Four private individuals with interests
in improving relations between the United
States and eligible foreign states, designated
by the Librarian of Congress.
(E) The chair of the Subcommittee on
Legislative Branch of the Committee on
Appropriations of the House of Representatives
and the chair of the Subcommittee on
Legislative Branch of the Committee on
Appropriations of the Senate.
Each member appointed under this paragraph shall serve
for a term of 3 years. Any vacancy shall be filled in
the same manner as the original appointment and the
individual so appointed shall serve for the remainder
of the term. Members of the Board shall serve without
pay, but shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred in
the performance of their duties.
(b) Purpose and Authority of the Center.--
(1) Purpose.--The purpose of [the Center] the Office
is to establish, in accordance with the provisions of
paragraph (2), a program to enable emerging [political
leaders] political and civic leaders of eligible
foreign states at all levels of government to gain
significant, firsthand exposure to the American free
market economic system and the operation of American
democratic institutions through visits to governments
and communities at comparable levels in the United
States and to establish and administer a program to
enable cultural leaders of Russia to gain significant,
firsthand exposure to the operation of American
cultural institutions.
(2) Grant program.--Subject to the provisions of
paragraphs (3) and (4), [the Center] the Office shall
establish a program under which [the Center] the Office
annually awards grants to government or community
organizations in the United States that seek to
establish programs under which those organizations will
host nationals of eligible foreign states who are
emerging [political leaders] political and civic
leaders at any level of government.
(3) Restrictions.--
(A) Duration.--The period of stay in the
United States for any individual supported with
grant funds under the program shall not exceed
30 days.
(B) Limitation.--The number of individuals
supported with grant funds under the program
shall not exceed 3,500 in any fiscal year.
(C) Use of funds.--Grant funds under the
program shall be used to pay--
(i) the costs and expenses incurred
by each program participant in
traveling between an eligible foreign
state and the United States and in
traveling within the United States;
(ii) the costs of providing lodging
in the United States to each program
participant, whether in public
accommodations or in private homes; and
(iii) such additional administrative
expenses incurred by organizations in
carrying out the program as [the
Center] the Office may prescribe.
(4) Application.--
(A) In general.--Each organization in the
United States desiring a grant under this
section shall submit an application to [the
Center] the Office at such time, in such
manner, and accompanied by such information as
[the Center] the Office may reasonably require.
(B) Contents.--Each application submitted
pursuant to subparagraph (A) shall--
(i) describe the activities for which
assistance under this section is
sought;
(ii) include the number of program
participants to be supported;
(iii) describe the qualifications of
the individuals who will be
participating in the program; and
(iv) provide such additional
assurances as [the Center] the Office
determines to be essential to ensure
compliance with the requirements of
this section.
(c) Establishment of Fund.--
[(1) In general.--There is established in the
Treasury of the United States a trust fund to be known
as the ``Open World Leadership Center Trust Fund'' (the
``Fund'') which shall consist of amounts which may be
appropriated, credited, or transferred to it under this
section.]
(1) In general.--There is established in the Treasury
of the United States a trust fund to be known as the
`Congressional Office for International Leadership
Fund' (the `Fund'), which shall consist of amounts
which may be appropriated, credited, or transferred to
it under this section.''
(2) Donations.--Any money or other property donated,
bequeathed, or devised to [the Center] the Office under
the authority of this section shall be credited to the
Fund.
(3) Fund management.--
(A) In general.--The provisions of
subsections (b), (c), and (d) of section 116 of
the Legislative Branch Appropriations Act, 1989
(2 U.S.C. 1105 (b), (c), and (d)), and the
provisions of section 117(b) of such Act (2
U.S.C. 1106(b)), shall apply to the Fund.
(B) Expenditures.--The Secretary of the
Treasury is authorized to pay to [the Center]
the Office from amounts in the Fund such sums
as the Board determines are necessary and
appropriate to enable [the Center] the Office
to carry out the provisions of this section.
(d) Executive Director.--The Board shall appoint an Executive
Director who shall be the chief executive officer of [the
Center] the Office and who shall carry out the functions of
[the Center] the Office subject to the supervision and
direction of the Board of Trustees. The Executive Director of
[the Center] the Office shall be compensated at the annual rate
specified by the Board, but in no event shall such rate exceed
level III of the Executive Schedule under section 5314 of title
5, United States Code.
(e) Administrative Provisions.--
(1) In general.--The provisions of section 119 of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C.
1108) shall apply to [the Center] the Office.
(2) Support provided by library of congress.--The
Library of Congress may disburse funds appropriated to
[the Center] the Office, compute and disburse the basic
pay for all personnel of [the Center] the Office,
provide administrative, legal, financial management,
and other appropriate services to [the Center] the
Office, and collect from the Fund the full costs of
providing services under this paragraph, as provided
under an agreement for services ordered under sections
1535 and 1536 of title 31, United States Code.
(f) Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
section.
(g) Transfer of Funds.--Any amounts appropriated for use in
the program established under section 3011 of the 1999
Emergency Supplemental Appropriations Act (Public Law 106-31;
113 Stat. 93) shall be transferred to the Fund and shall remain
available without fiscal year limitation.
(h) Effective Dates.--
(1) In general.--This section shall take effect on
the date of enactment of this Act.
(2) Transfer.--Subsection (g) shall only apply to
amounts which remain unexpended on and after the date
the Board certifies to the Librarian of Congress that
grants are ready to be made under the program
established under this section.
(j) Eligible Foreign State Defined.--In this section, the
term ``eligible foreign state'' means--
(1) any country specified in section 3 of the FREEDOM
Support Act (22 U.S.C. 5801);
(2) Estonia, Latvia, and Lithuania; and
(3) any other country that is designated by the
Board, except that the Board shall notify the
Committees on Appropriations of the Senate and the
House of Representatives of the designation at least 90
days before the designation is to take effect.
----------
PUBLIC LAW 96-146
AN ACT to fix the annual rates of pay for the Architect of the Capitol
and the Assistant Architect of the Capitol.
[SECTION 1. COMPENSATION.
[The compensation of the Architect of the Capitol shall be at
an annual rate which is equal to the maximum rate of pay in
effect under section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).]
SECTION 1. COMPENSATION.
The compensation of the Architect of the Capitol shall be at
an annual rate equal to the annual rate of basic pay for level
II of the Executive Schedule.
----------
SECTION 1203 OF THE LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2003
SEC. 1203. DEPUTY ARCHITECT OF THE CAPITOL/CHIEF OPERATING OFFICER.
(a) Establishment of Deputy Architect of the Capitol.--The
Architect of the Capitol shall appoint a suitable individual to
be the Deputy Architect of the Capitol. The Architect may
delegate to the Deputy Architect such duties as the Architect
determines are necessary or appropriate.
[(b) Compensation.--The Deputy Architect of the Capitol shall
be paid at an annual rate of pay to be determined by the
Architect but not to exceed $1,500 less than the annual rate of
pay for the Architect of the Capitol.]
(b) Compensation.--The Deputy Architect of the Capitol shall
be paid at an annual rate of pay equal to the highest total
rate of pay for the Senior Executive Service under subchapter
VIII of chapter 53 of title 5, United States Code, for the
locality involved.
----------
CAPITOL VISITOR CENTER ACT OF 2008
* * * * * * *
TITLE II--OFFICE OF THE CAPITOL VISITOR CENTER
* * * * * * *
SEC. 202. APPOINTMENT AND SUPERVISION OF CHIEF EXECUTIVE OFFICER FOR
VISITOR SERVICES.
(a) Appointment.--The Chief Executive Officer shall be
appointed by the Architect of the Capitol.
(b) Supervision and Oversight.--The Chief Executive Officer
shall report directly to the Architect of the Capitol and shall
be subject to oversight by the Committee on Rules and
Administration of the Senate and the Committee on House
Administration of the House of Representatives.
(c) Removal.--Upon removal of the Chief Executive Officer,
the Architect of the Capitol shall immediately provide notice
of the removal to the Committee on Rules and Administration of
the Senate, the Committee on House Administration of the House
of Representatives, and the Committees on Appropriations of the
House of Representatives and Senate. The notice shall include
the reasons for the removal.
(d) Compensation.--The Chief Executive Officer shall be paid
at an annual rate of pay equal to [the annual rate of pay of
the Deputy Architect of the Capitol] an annual rate of pay
equal to the highest total rate of pay for the Senior Executive
Service under subchapter VIII of chapter 53 of title 5, United
States Code, for the locality involved.
(e) Transition for Current Chief Executive Officer for
Visitor Services.--
(1) Appointment.--The individual who serves as the
Chief Executive Officer for Visitor Services under
section 6701 of the U.S. Troop Readiness, Veterans'
Care, Katrina Recovery, and Iraq Accountability
Appropriation Act of 2007 (2 U.S.C. 1806) as of the
date of the enactment of this Act shall be the first
Chief Executive Officer for Visitor Services appointed
by the Architect under this section.
(2) Technical and conforming amendment.--Section 6701
of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriation Act of
2007 (2 U.S.C. 1806) is repealed.
* * * * * * *
----------
PUBLIC LAW 96-152
AN ACT to establish by law the position of Chief of the Capitol Police,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That (a) section 182 of the Revised Statutes of the United
States (40 U.S.C. 206) is amended by adding at the end thereof
the following new sentence: ``The Capitol Police shall be
headed by a Chief who shall be appointed by the Capitol Police
Board and shall serve at the pleasure of the Board.''.
(b) The individual serving as Chief of the Capitol Police on
the effective date of this Act shall be deemed, effective on
such date, to be appointed to the position established by the
amendment made by subsection (a).
[(c) The annual rate of pay for the Chief of the Capitol
Police shall be the amount equal to $1,000 less than the
maximum rate of pay in effect under section 105(f) of the
Legislative Branch Appropriation Act, 1968 (2 U.S.C. 4575(f)).]
(c) The annual rate of pay for the Chief of the Capitol
Police shall be equal to the annual rate of basic pay for level
II of the Executive Schedule.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART G--INSURANCE AND ANNUITIES
* * * * * * *
CHAPTER 83--RETIREMENT
* * * * * * *
SUBCHAPTER III--CIVIL SERVICE RETIREMENT
Sec. 8331. Definitions
For the purpose of this subchapter--
(1) ``employee'' means--
(A) an employee as defined by section 2105 of
this title;
(B) the Architect of the Capitol, an employee
of the Architect of the Capitol, and an
employee of the Botanic Garden;
(C) a Congressional employee as defined by
section 2107 of this title (other than the
Architect of the Capitol, an employee of the
Architect of the Capitol, and an employee of
the Botanic Garden), after he gives notice in
writing to the official by whom he is paid of
his desire to become subject to this
subchapter;
(D) a temporary Congressional employee
appointed at an annual rate of pay, after he
gives notice in writing to the official by whom
he is paid of his desire to become subject to
this subchapter;
(E) a United States Commissioner whose total
pay for services performed as Commissioner is
not less than $3,000 in each of the last 3
consecutive calendar years ending after
December 31, 1954;
(F) an individual employed by a county
committee established under section 590h(b) of
title 16;
(G) an individual first employed by the
government of the District of Columbia before
October 1, 1987;
(H) an individual employed by Gallaudet
College;
(I) an individual appointed to a position on
the office staff of a former President under
section 1(b) of the Act of August 25, 1958 (72
Stat. 838);
(J) an alien (i) who was previously employed
by the Government, (ii) who is employed full
time by a foreign government for the purpose of
protecting or furthering the interests of the
United States during an interruption of
diplomatic or consular relations, and (iii) for
whose services reimbursement is made to the
foreign government by the United States;
(K) an individual appointed to a position on
the office staff of a former President, or a
former Vice President under section 5 of the
Presidential Transition Act of 1963, as amended
(78 Stat. 153), who immediately before the date
of such appointment was an employee as defined
under any other subparagraph of this paragraph;
and
(L) an employee described in section 2105(c)
who has made an election under section
8347(q)(1) to remain covered under this
subchapter;
but does not include--
(i) a justice or judge of the United States
as defined by section 451 of title 28;
(ii) an employee subject to another
retirement system for Government employees
(besides any employee excluded by clause (x),
but including any employee who has made an
election under section 8347(q)(2) to remain
covered by a retirement system established for
employees described in section 2105(c));
(iii) an employee or group of employees in or
under an Executive agency excluded by the
Office of Personnel Management under section
8347(g) of this title;
(iv) an individual or group of individuals
employed by the government of the District of
Columbia excluded by the Office under section
8347(h) of this title;
(v) an employee of the Administrative Office
of the United States Courts, the Federal
Judicial Center, or a court named by section
610 of title 28, excluded by the Director of
the Administrative Office under section 8347(o)
of this title;
(vi) a construction employee or other
temporary, part-time, or intermittent employee
of the Tennessee Valley Authority;
(vii) an employee under the Office of the
Architect of the Capitol excluded by the
Architect of the Capitol under section 8347(i)
of this title;
(viii) an employee under the Library of
Congress excluded by the Librarian of Congress
under section 8347(j) of this title;
(ix) a student-employee as defined by section
5351 of this title;
(x) an employee subject to the Federal
Employees' Retirement System;
(xi) an employee under the Botanic Garden
excluded by the Director or Acting Director of
the Botanic Garden under section 8347(l) of
this title; or
(xii) a member of the Foreign Service (as
described in section 103(6) of the Foreign
Service Act of 1980), appointed after December
31, 1987.
Notwithstanding this paragraph, the employment of a
teacher in the recess period between two school years
in a position other than a teaching position in which
he served immediately before the recess period does not
qualify the individual as an employee for the purpose
of this subchapter. For the purpose of the preceding
sentence, ``teacher'' and ``teaching position'' have
the meanings given them by section 901 of title 20;
(2) ``Member'' means a Member of Congress as defined
by section 2106 of this title, after he gives notice in
writing to the official by whom he is paid of his
desire to become subject to this subchapter, but does
not include any such Member of Congress who is subject
to the Federal Employees' Retirement System or who
makes an election under section 8401(20) of this title
not to be subject to such System;
(3) ``basic pay'' includes--
(A) the amount a Member received from April
1, 1954, to February 28, 1955, as expense
allowance under section 601(b) of the
Legislative Reorganization Act of 1946 (60
Stat. 850), as amended; and that amount from
January 3, 1953, to March 31, 1954, if deposit
is made therefor as provided by section 8334 of
this title;
(B) additional pay provided by--
(i) subsection (a) of section 60e-7
of title 2 and the provisions of law
referred to by that subsection; and
(ii) sections 60e-8, 60e-9, 60e-10,
60e-11, 60e-12, 60e-13, and 60e-14 of
title 2;
(C) premium pay under section 5545(c)(1) of
this title;
(D) with respect to a law enforcement
officer, premium pay under section 5545(c)(2)
of this title;
(E) availability pay--
(i) received by a criminal
investigator under section 5545a of
this title; or
(ii) received after September 11,
2001, by a Federal air marshal or
criminal investigator (as defined in
section 5545a(a)(2)) of the
Transportation Security Administration,
subject to all restrictions and earning
limitations imposed on criminal
investigators receiving such pay under
section 5545a, including the premium
pay limitations under section 5547;
(F) pay as provided in section 5545b(b)(2)
and (c)(2);
(G) with respect to a customs officer
(referred to in subsection (e)(1) of section 5
of the Act of February 13, 1911), compensation
for overtime inspectional services provided for
under subsection (a) of such section 5, but not
to exceed 50 percent of any statutory maximum
in overtime pay for customs officers which is
in effect for the year involved;
(H) any amount received under section 5948
(relating to physicians comparability
allowances); [and]
(I) with respect to a border patrol agent,
the amount of supplemental pay received through
application of the level 1 border patrol rate
of pay or the level 2 border patrol rate of pay
for scheduled overtime within the regular tour
of duty of the border patrol agent as provided
in section 5550; and
(J) with respect to a member of the Capitol
Police, overtime pay received on or after the
date of enactment of this subparagraph for
overtime under the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.) by operation of
section 102(a)(1) of the Congressional
Accountability Act of 1995 (2 U.S.C.
1302(a)(1)), for up to an amount equal to 50
percent of any annual statutory maximum in
overtime pay for customs officers set pursuant
to section 5(c)(1) of the Act of February 13,
1911 (19 U.S.C. 267(c)(1));
but does not include bonuses, allowances, overtime pay,
military pay, pay given in addition to the base pay of
the position as fixed by law or regulation except as
provided by [subparagraphs (B) through (I) of this
paragraph] subparagraphs (B) through (J) of this
paragraph, retroactive pay under section 5344 of this
title in the case of a retired or deceased employee,
uniform allowances under section 5901 of this title, or
lump-sum leave payments under subchapter VI of chapter
55 of this title. For an employee paid on a fee basis,
the maximum amount of basic pay which may be used is
$10,000;
(4) ``average pay'' means the largest annual rate
resulting from averaging an employee's or Member's
rates of basic pay in effect over any 3 consecutive
years of creditable service or, in the case of an
annuity under subsection (d) or (e)(1) of section 8341
of this title based on service of less than 3 years,
over the total service, with each rate weighted by the
time it was in effect;
(5) ``Fund'' means the Civil Service Retirement and
Disability Fund;
(7) ``Government'' means the Government of the United
States, the government of the District of Columbia,
Gallaudet University, and, in the case of an employee
described in paragraph (1)(L), a nonappropriated fund
instrumentality of the Department of Defense or the
Coast Guard described in section 2105(c);
(8) ``lump-sum credit'' means the unrefunded amount
consisting of--
(A) retirement deductions made from the basic
pay of an employee or Member;
(B) amounts deposited by an employee or
Member covering earlier service, including any
amounts deposited under section 8334(j) of this
title; and
(C) interest on the deductions and deposits
at 4 percent a year to December 31, 1947, and 3
percent a year thereafter compounded annually
to December 31, 1956, or, in the case of an
employee or Member separated or transferred to
a position in which he does not continue
subject to this subchapter before he has
completed 5 years of civilian service, to the
date of the separation or transfer;
but does not include interest--
(i) if the service covered thereby aggregates
1 year or less; or
(ii) for the fractional part of a month in
the total service;
(9) ``annuitant'' means a former employee or Member
who, on the basis of his service, meets all
requirements of this subchapter for title to annuity
and files claim therefor;
(10) ``survivor'' means an individual entitled to
annuity under this subchapter based on the service of a
deceased employee, Member, or annuitant;
(11) ``survivor annuitant'' means a survivor who
files claim for annuity;
(12) ``service'' means employment creditable under
section 8332 of this title;
(13) ``military service'' means honorable active
service--
(A) in the armed forces;
(B) in the Regular or Reserve Corps of the
Public Health Service after June 30, 1960; or
(C) as a commissioned officer of the
Environmental Science Services Administration
after June 30, 1961;
and includes service as a cadet at the United States
Military Academy, the United States Air Force Academy,
or the United States Coast Guard Academy, or as a
midshipman at the United States Naval Academy, but does
not include service in the National Guard except when
ordered to active duty in the service of the United
States or full-time National Guard duty (as such term
is defined in section 101(d) of title 10) if such
service interrupts creditable civilian service under
this subchapter and is followed by reemployment in
accordance with chapter 43 of title 38 that occurs on
or after August 1, 1990;
(14) ``Member service'' means service as a Member and
includes the period from the date of the beginning of
the term for which elected or appointed to the date on
which he takes office as a Member;
(15) ``price index'' means the Consumer Price Index
(all items--United States city average) published
monthly by the Bureau of Labor Statistics;
(16) ``base month'' means the month for which the
price index showed a percent rise forming the basis for
a cost-of-living annuity increase;
(17) ``normal-cost percentage'' means the entry-age
normal cost computed by the Office of Personnel
Management in accordance with generally accepted
actuarial practice and standards (using dynamic
assumptions) and expressed as a level percentage of
aggregate basic pay;
(18) ``Fund balance'' means the current net assets of
the Fund available for payment of benefits, as
determined by the Office in accordance with appropriate
accounting standards, but does not include any amount
attributable to--
(A) the Federal Employees' Retirement System;
or
(B) contributions made under the Federal
Employees' Retirement Contribution Temporary
Adjustment Act of 1983 by or on behalf of any
individual who became subject to the Federal
Employees' Retirement System;
(19) ``unfunded liability'' means the estimated
excess of the present value of all benefits payable
from the Fund to employees and Members, and former
employees and Members, subject to this subchapter, and
to their survivors, over the sum of--
(A) the present value of deductions to be
withheld from the future basic pay of employees
and Members currently subject to this
subchapter and of future agency contributions
to be made in their behalf; plus
(B) the present value of Government payments
to the Fund under section 8348(f) of this
title; plus
(C) the Fund balance as of the date the
unfunded liability is determined;
(20) ``law enforcement officer'' means an employee,
the duties of whose position are primarily the
investigation, apprehension, or detention of
individuals suspected or convicted of offenses against
the criminal laws of the United States, including an
employee engaged in this activity who is transferred to
a supervisory or administrative position. For the
purpose of this paragraph, ``detention'' includes the
duties of--
(A) employees of the Bureau of Prisons and
Federal Prison Industries, Incorporated;
(B) employees of the Public Health Service
assigned to the field service of the Bureau of
Prisons or of the Federal Prison Industries,
Incorporated;
(C) employees in the field service at Army or
Navy disciplinary barracks or at confinement
and rehabilitation facilities operated by any
of the armed forces; and
(D) employees of the Department of
Corrections of the District of Columbia, its
industries and utilities;
whose duties in connection with individuals in
detention suspected or convicted of offenses against
the criminal laws of the United States or of the
District of Columbia or offenses against the punitive
articles of the Uniformed Code of Military Justice
(chapter 47 of title 10) require frequent (as
determined by the appropriate administrative authority
with the concurrence of the Office) direct contact with
these individuals in their detention, direction,
supervision, inspection, training, employment, care,
transportation, or rehabilitation;
(21) ``firefighter'' means an employee, the duties of
whose position are primarily to perform work directly
connected with the control and extinguishment of fires
or the maintenance and use of firefighting apparatus
and equipment, including an employee engaged in this
activity who is transferred to a supervisory or
administrative position;
(22) ``bankruptcy judge'' means an individual--
(A) who is appointed under section 34 of the
Bankruptcy Act (11 U.S.C. 62) or under section
404(d) of the Act of November 6, 1978 (Public
Law 95-598; 92 Stat. 2549), and--
(i) who is serving as a United States
bankruptcy judge on March 31, 1984; or
(ii) whose service as a United States
bankruptcy judge at any time in the
period beginning on October 1, 1979,
and ending on July 10, 1984, is
terminated by reason of death or
disability; or
(B) who is appointed as a bankruptcy judge
under section 152 of title 28;
(23) ``former spouse'' means a former spouse of an
individual--
(A) if such individual performed at least 18
months of civilian service covered under this
subchapter as an employee or Member, and
(B) if the former spouse was married to such
individual for at least 9 months;
(24) ``Indian court'' means an Indian court as
defined by section 201(3) of the Act entitled ``An Act
to prescribe penalties for certain acts of violence or
intimidation, and for other purposes'', approved April
11, 1968 (25 U.S.C. 1301(3); 82 Stat. 77);
(25) ``magistrate judge'' or ``United States
magistrate judge'' means an individual appointed under
section 631 of title 28;
(26) ``Court of Federal Claims judge'' means a judge
of the United States Court of Federal Claims who is
appointed under chapter 7 of title 28 or who has served
under section 167 of the Federal Courts Improvement Act
of 1982;
(27) ``Nuclear materials courier''--
(A) means an employee of the Department of
Energy, the duties of whose position are
primarily to transport, and provide armed
escort and protection during transit of,
nuclear weapons, nuclear weapon components,
strategic quantities of special nuclear
materials or other materials related to
national security; and
(B) includes an employee who is transferred
directly to a supervisory or administrative
position within the same Department of Energy
organization, after performing duties referred
to in subparagraph (A) for at least 3 years;
(28) ``Government physician'' has the meaning given
that term under section 5948;
(29) ``dynamic assumptions'' means economic
assumptions that are used in determining actuarial
costs and liabilities of a retirement system and in
anticipating the effects of long-term future--
(A) investment yields;
(B) increases in rates of basic pay; and
(C) rates of price inflation;
(30) the term ``air traffic controller'' or
``controller'' means--
(A) a controller within the meaning of
section 2109(1); and
(B) a civilian employee of the Department of
Transportation or the Department of Defense who
is the immediate supervisor of a person
described in section 2109(1)(B);
(31) ``customs and border protection officer'' means
an employee in the Department of Homeland Security (A)
who holds a position within the GS-1895 job series
(determined applying the criteria in effect as of
September 1, 2007) or any successor position, and (B)
whose duties include activities relating to the arrival
and departure of persons, conveyances, and merchandise
at ports of entry, including any such employee who is
transferred directly to a supervisory or administrative
position in the Department of Homeland Security after
performing such duties (as described in subparagraph
(B)) in 1 or more positions (as described in
subparagraph (A)) for at least 3 years;
(32) ``Director'' means the Director of the Office of
Personnel Management; and
(33) ``representative payee'' means a person
(including an organization) designated under section
8345(e)(1) to receive payments on behalf of a minor or
an individual mentally incompetent or under other legal
disability.
* * * * * * *
Sec. 8339. Computation of annuity
(a) Except as otherwise provided by this section, the annuity
of an employee retiring under this subchapter is--
(1) 11/2 percent of his average pay multiplied by so
much of his total service as does not exceed 5 years;
plus
(2) 13/4 percent of his average pay multiplied by so
much of his total service as exceeds 5 years but does
not exceed 10 years; plus
(3) 2 percent of his average pay multiplied by so
much of his total service as exceeds 10 years.
However, when it results in a larger annuity, 1 percent of his
average pay plus $25 is substituted for the percentage
specified by paragraph (1), (2), or (3) of this subsection, or
any combination thereof.
(b) The annuity of a Congressional employee, or former
Congressional employee, retiring under this subchapter is
computed under subsection (a) of this section, except, if he
has had--
(1) at least 5 years' service as a Congressional
employee or Member or any combination thereof; and
(2) deductions withheld from his pay or has made
deposit covering his last 5 years of civilian service;
his annuity is computed with respect to his service as a
Congressional employee, his military service not exceeding 5
years, and any Member service, by multiplying 21/2 percent of
his average pay by the years of that service.
(c) The annuity of a Member, or former Member with title to
Member annuity, retiring under this subchapter is computed
under subsection (a) of this section, except, if he has had at
least 5 years' service as a Member or Congressional employee or
any combination thereof, his annuity is computed with respect
to--
(1) his service as a Member and so much of his
military service as is creditable for the purpose of
this paragraph; and
(2) his Congressional employee service;
by multiplying 21/2 percent of his average pay by the years of
that service.
(d)(1) The annuity of an employee retiring under section
8335(b) or 8336(c) of this title is--
(A) 21/2 percent of his average pay multiplied by so
much of his total service as does not exceed 20 years;
plus
(B) 2 percent of his average pay multiplied by so
much of his total service as exceeds 20 years.
(2) The annuity of an employee retiring under this subchapter
who was employed by the Panama Canal Company or Canal Zone
Government on September 30, 1979, is computed with respect to
the period of continuous Panama Canal service from that date,
disregarding any break in service of not more than 3 days, by
adding--
(A) 21/2 percent of the employee's average pay
multiplied by so much of that service as does not
exceed 20 years; plus
(B) 2 percent of the employee's average pay
multiplied by so much of that service as exceeds 20
years.
(3) The annuity of an employee retiring under this subchapter
who is employed by the Panama Canal Commission at any time
during the period beginning October 1, 1990, and ending
December 31, 1999, is computed, with respect to any period of
service with the Panama Canal Commission, by adding--
(A) 21/2 percent of the employee's average pay
multiplied by so much of that service as does not
exceed 20 years; plus
(B) 2 percent of the employee's average pay
multiplied by so much of that service as exceeds 20
years.
(4)(A) In the case of an employee who has service as a law
enforcement officer or firefighter to which paragraph (2) of
this subsection applies, the annuity of that employee is
increased by $8 for each full month of that service which is
performed in the Republic of Panama.
(B) In the case of an employee retiring under this subchapter
who--
(i) was employed as a law enforcement officer or
firefighter by the Panama Canal Company or Canal Zone
Government at any time during the period beginning
March 31, 1979, and ending September 30, 1979; and
(ii) does not meet the age and service requirements
of section 8336(c) of this title;
the annuity of that employee is increased by $12 for each full
month of that service which occurred before October 1, 1979.
(C) An annuity increase under this paragraph does not apply
with respect to service performed after completion of 20 years
of service (or any combination of service) as a law enforcement
officer or firefighter.
(5) For the purpose of this subsection--
(A) ``Panama Canal service'' means--
(i) service as an employee of the Panama
Canal Commission; or
(ii) service at a permanent duty station in
the Canal Zone or Republic of Panama as an
employee of an Executive agency conducting
operations in the Canal Zone or Republic of
Panama; and
(B) ``Executive agency'' includes the Smithsonian
Institution.
(6) The annuity of an employee retiring under section 8336(j)
of this title is computed under subsection (a) of this section,
except that with respect to service on or after December 21,
1972, the employee's annuity is--
(A) 21/2 percent of the employee's average pay
multiplied by so much of the employee's service on or
after that date as does not exceed 20 years; plus
(B) 2 percent of the employee's average pay
multiplied by so much of the employee's service on or
after that date as exceeds 20 years.
(7) The annuity of an employee who is a judge of the United
States Court of Appeals for the Armed Forces, or a former judge
of such court, retiring under this subchapter is computed under
subsection (a) of this section, except, with respect to his
service as a judge of such court, his service as a Member, his
congressional employee service, and his military service (not
exceeding 5 years) creditable under section 8332 of this title,
his annuity is computed by multiplying 21/2 percent of his
average pay by the years of that service.
(e) The annuity of an employee retiring under section 8336(e)
of this title is computed under subsection (a) of this section.
That annuity may not be less than 50 percent of the average pay
of the employee unless such employee has received, pursuant to
section 8342 of this title, payment of the lump-sum credit
attributable to deductions under section 8334(a) of this title
during any period of employment as an air traffic controller
and such employee has not deposited in the Fund the amount
received, with interest, pursuant to section 8334(d)(1) of this
title.
(f) The annuity computed under subsections (a) through (e),
(n), (q), (r), and (s) may not exceed 80 percent of--
(1) the average pay of the employee; or
(2) the greatest of--
(A) the final basic pay of the Member;
(B) the average pay of the Member; or
(C) the final basic pay of the appointive
position of a former Member who elects to have
his annuity computed or recomputed under
section 8344(d)(1) of this title.
(g) The annuity of an employee or Member retiring under
section 8337 of this title is at least the smaller of--
(1) 40 percent of his average pay; or
(2) the sum obtained under subsections (a) through
(c), (n), (q), (r), or (s) after increasing his service
of the type last performed by the period elapsing
between the date of separation and the date he becomes
60 years of age.
However, if an employee or Member retiring under section 8337
of this title is receiving retired pay or retainer pay for
military service (except that specified in section 8332(c)(1)
or (2) of this title) or pension or compensation from the
Department of Veterans Affairs in lieu of such retired or
retainer pay, the annuity of that employee or Member shall be
computed under subsection (a), (b), (c), (n), (q), (r), or (s),
as appropriate, excluding credit for military service from that
computation. If the amount of the annuity so computed, plus the
retired or retainer pay which is received, or which would be
received but for the pension or compensation from the
Department of Veterans Affairs in lieu of such retired or
retainer pay, is less than the smaller of the annuity otherwise
payable under paragraph (1) or (2) of this subsection, an
amount equal to the difference shall be added to the annuity
payable under subsection (a), (b), (c), (n), (q), (r), or (s),
as appropriate.
(h) The annuity computed under subsections (a), (b), (d)(5),
and (f) of this section for an employee retiring under section
8336(d), (h), (j), or (o) of this title is reduced by 1/6 of 1
percent for each full month the employee is under 55 years of
age at the date of separation. The annuity computed under
subsections (c) and (f) of this section for a Member retiring
under the second or third sentence of section 8336(g) of this
title or the third sentence of section 8338(b) of this title is
reduced by \1/12\ of 1 percent for each full month not in
excess of 60 months, and 1/6 of 1 percent for each full month
in excess of 60 months, the Member is under 60 years of age at
the date of separation. The annuity computed under subsections
(a), (d)(6), and (f) of this section for a judge of the United
States Court of Appeals for the Armed Forces retiring under the
second sentence of section 8336(k) of this title or the third
sentence of section 8338(c) of this title is reduced by \1/12\
of 1 percent for each full month not in excess of 60 months,
and 1/6 of 1 percent for each full month in excess of 60
months, the judge is under 60 years of age at the date of
separation.
(i) For the purposes of subsections (a)-(h), (n), (q), (r),
or (s), the total service of any employee or Member shall not
include any period of civilian service after July 31, 1920, for
which retirement deductions or deposits have not been made
under section 8334(a) of this title unless--
(1) the employee or Member makes a deposit for such
period as provided in section 8334(c) or (d)(1) of this
title; or
(2) no deposit is required for such service, as
provided under section 8334(g) of this title or under
any statute.
(j)(1) The annuity computed under subsections (a)-(i), (n),
(q), (r), and (s) (or a portion of the annuity, if jointly
designated for this purpose by the employee or Member and the
spouse of the employee or Member under procedures prescribed by
the Office of Personnel Management) for an employee or Member
who is married at the time of retiring under this subchapter is
reduced as provided in paragraph (4) of this subsection in
order to provide a survivor annuity for the spouse under
section 8341(b) of this title, unless the employee or Member
and the spouse jointly waive the spouse's right to a survivor
annuity in a written election filed with the Office at the time
that the employee or Member retires. Each such election shall
be made in accordance with such requirements as the Office
shall, by regulation, prescribe, and shall be irrevocable. The
Office shall provide, by regulation, that an employee or Member
may waive the survivor annuity without the spouse's consent if
the employee or Member establishes to the satisfaction of the
Office--
(A) that the spouse's whereabouts cannot be
determined, or
(B) that, due to exceptional circumstances, requiring
the employee or Member to seek the spouse's consent
would otherwise be inappropriate.
(2) If an employee or Member has a former spouse who is
entitled to a survivor annuity as provided in section 8341(h)
of this title, the annuity of the employee or Member computed
under subsections (a)-(i), (n), (q), (r), and (s) (or any
designated portion of the annuity, in the event that the former
spouse is entitled to less than 55 percent of the employee or
Member's annuity) is reduced as provided in paragraph (4) of
this subsection.
(3) An employee or Member who has a former spouse may elect,
under procedures prescribed by the Office, to have the annuity
computed under subsections (a)-(i), (n), (q), (r), and (s) or a
portion thereof reduced as provided in paragraph (4) of this
subsection in order to provide a survivor annuity for such
former spouse under section 8341(h) of this title, unless all
rights to survivor benefits for such former spouse under this
subchapter based on marriage to such employee or Member were
waived under paragraph (1) of this subsection. An election
under this paragraph shall be made at the time of retirement
or, if later, within 2 years after the date on which the
marriage of the former spouse to the employee or Member is
dissolved, subject to a deposit in the Fund by the retired
employee or Member of an amount determined by the Office, as
nearly as may be administratively feasible, to reflect the
amount by which the annuity of such employee or Member would
have been reduced if the election had been continuously in
effect since the date the annuity commenced, plus interest. For
the purposes of the preceding sentence, the annual rate of
interest for each year during which the annuity would have been
reduced if the election had been in effect since the date the
annuity commenced shall be 6 percent. The Office shall, by
regulation, provide for payment of the deposit required under
this paragraph by a reduction in the annuity of the employee or
Member. The reduction shall, to the extent practicable, be
designed so that the present value of the future reduction is
actuarially equivalent to the deposit required under this
paragraph, except that the total reductions in the annuity of
an employee or Member to pay deposits required by the
provisions of this paragraph, paragraph (5), or subsection
(k)(2) shall not exceed 25 percent of the annuity computed
under subsections (a) through (i), (n), (q), and (r), including
adjustments under section 8340. The reduction, which shall be
effective on the same date as the election under this
paragraph, shall be permanent and unaffected by any future
termination of the entitlement of the former spouse. Such
reduction shall be independent of and in addition to the
reduction required under the first sentence of this paragraph.
An election under this paragraph--
(A) shall not be effective to the extent that it--
(i) conflicts with--
(I) any court order or decree
referred to in subsection (h)(1) of
section 8341 of this title, which was
issued before the date of such
election; or
(II) any agreement referred to in
such subsection which was entered into
before such date; or
(ii) would cause the total of survivor
annuities payable under subsections (b), (d),
(f), and (h) of section 8341 of this title
based on the service of the employee or Member
to exceed 55 percent of the annuity to which
the employee or Member is entitled under
subsections (a)-(i), (n), (q), (r), and (s);
and
(B) shall not be effective, in the case of an
employee or Member who is then married, unless it is
made with the spouse's written consent.
The Office shall provide by regulation that subparagraph (B) of
this paragraph may be waived for either of the reasons set
forth in the last sentence of paragraph (1) of this subsection.
In the case of a retired employee or Member whose annuity is
being reduced in order to provide a survivor annuity for a
former spouse, an election to provide or increase a survivor
annuity for any other former spouse (and to continue an
appropriate reduction) may be made within the same period that,
and subject to the same conditions under which, an election
could be made under paragraph (5)(B) of this subsection for a
current spouse (subject to the provisions of this paragraph
relating to consent of a current spouse, if the retired
employee or Member is then married). The opportunity to make an
election under the preceding sentence is in addition to any
opportunity otherwise afforded under this paragraph.
(4) In order to provide a survivor annuity or combination of
survivor annuities under subsections (b), (d), (f), and (h) of
section 8341 of this title, the annuity of an employee or
Member (or any designated portion or portions thereof) is
reduced by 21/2 percent of the first $3,600 thereof plus 10
percent of so much thereof as exceeds $3,600.
(5)(A) Any reduction in an annuity for the purpose of
providing a survivor annuity for the current spouse of a
retired employee or Member shall be terminated for each full
month--
(i) after the death of the spouse, or
(ii) after the dissolution of the spouse's marriage
to the employee or Member, except that an appropriate
reduction shall be made thereafter if the spouse is
entitled, as a former spouse, to a survivor annuity
under section 8341(h) of this title.
(B) Any reduction in an annuity for the purpose of providing
a survivor annuity for a former spouse of a retired employee or
Member shall be terminated for each full month after the former
spouse remarries before reaching age 55 or dies. This reduction
shall be replaced by an appropriate reduction or reductions
under paragraph (4) of this subsection if the retired employee
or Member has (i) another former spouse who is entitled to a
survivor annuity under section 8341(h) of this title, (ii) a
current spouse to whom the employee or Member was married at
the time of retirement and with respect to whom a survivor
annuity was not jointly waived under paragraph (1) of this
subsection, or (iii) a current spouse whom the employee or
Member married after retirement and with respect to whom an
election has been made under subparagraph (C) of this paragraph
or subsection (k)(2) of this section.
(C)(i) Upon remarriage, a retired employee or Member who was
married at the time of retirement (including an employee or
Member whose annuity was not reduced to provide a survivor
annuity for the employee or Member's spouse or former spouse as
of the time of retirement) may irrevocably elect during such
marriage, in a signed writing received by the Office within 2
years after such remarriage or, if later, within 2 years after
the death or remarriage of any former spouse of such employee
or Member who was entitled to a survivor annuity under section
8341(h) of this title (or of the last such surviving former
spouse, if there was more than one), a reduction in the
employee or Member's annuity under paragraph (4) of this
subsection for the purpose of providing an annuity for such
employee or Member's spouse in the event such spouse survives
the employee or Member.
(ii) Such election and reduction shall be effective the first
day of the second month after the election is received by the
Office, but not less than 9 months after the date of the
remarriage, and the retired employee or Member shall deposit in
the Fund an amount determined by the Office of Personnel
Management, as nearly as may be administratively feasible, to
reflect the amount by which the annuity of such retired
employee or Member would have been reduced if the election had
been in effect since the date of retirement or, if later, the
date the previous reduction in such retired employee or
Member's annuity was terminated under subparagraph (A) or (B)
of this paragraph, plus interest. For the purposes of the
preceding sentence, the annual rate of interest for each year
during which an annuity would have been reduced if the election
had been in effect on and after the applicable date referred to
in such sentence shall be 6 percent.
(iii) The Office shall, by regulation, provide for payment of
the deposit required under clause (ii) by a reduction in the
annuity of the employee or Member. The reduction shall, to the
extent practicable, be designed so that the present value of
the future reduction is actuarially equivalent to the deposit
required under clause (ii), except that total reductions in the
annuity of an employee or Member to pay deposits required by
the provisions of this paragraph or paragraph (3) shall not
exceed 25 percent of the annuity computed under subsections (a)
through (i), (n), (q), and (r), including adjustments under
section 8340. The reduction required by this clause, which
shall be effective on the same date as the election under
clause (i), shall be permanent and unaffected by any future
termination of the marriage. Such reduction shall be
independent of and in addition to the reduction required under
clause (i).
(iv) Notwithstanding any other provision of this
subparagraph, an election under this subparagraph may not be
made for the purpose of providing an annuity in the case of a
spouse by remarriage if such spouse was married to the employee
or Member at the time of such employee or Member's retirement,
and all rights to survivor benefits for such spouse under this
subchapter based on marriage to such employee or Member were
then waived under paragraph (1) of this subsection or a similar
prior provision of law.
(v) An election to provide a survivor annuity to a person
under this subparagraph--
(I) shall prospectively void any election made by the
employee or Member under subsection (k)(1) of this
section with respect to such person; or
(II) shall, if an election was made by the employee
or Member under such subsection (k)(1) with respect to
a different person, prospectively void such election if
appropriate written application is made by such
employee or Member at the time of making the election
under this subparagraph.
(vi) The deposit provisions of clauses (ii) and (iii) of this
subparagraph shall not apply if--
(I) the employee or Member makes an election under
this subparagraph after having made an election under
subsection (k)(1) of this section; and
(II) the election under such subsection (k)(1)
becomes void under clause (v) of this subparagraph.
(k)(1) At the time of retiring under section 8336 or 8338 of
this title, an employee or Member who is found to be in good
health by the Office may elect a reduced annuity instead of an
annuity computed under subsections (a)-(i), (n), (q), (r), and
(s) and name in writing an individual having an insurable
interest in the employee or Member to receive an annuity under
section 8341(c) of this title after the death of the retired
employee or Member. The annuity of the employee or Member
making the election is reduced by 10 percent, and by 5 percent
for each full 5 years the individual named is younger than the
retiring employee or Member. However, the total reduction may
not exceed 40 percent. An annuity which is reduced under this
paragraph or any similar prior provision of law shall,
effective the first day of the month following the death of the
individual named under this paragraph, be recomputed and paid
as if the annuity had not been so reduced. In the case of a
married employee or Member, an election under this paragraph on
behalf of the spouse may be made only if any right of such
spouse to a survivor annuity based on the service of such
employee or Member is waived in accordance with subsection
(j)(1) of this section.
(2)(A) An employee or Member, who is unmarried at the time of
retiring under a provision of law which permits election of a
reduced annuity with a survivor annuity payable to such
employee or Member's spouse and who later marries, may
irrevocably elect, in a signed writing received in the Office
within 2 years after such employee or Member marries or, if
later, within 2 years after the death or remarriage of any
former spouse of such employee or Member who was entitled to a
survivor annuity under section 8341(h) of this title (or of the
last such surviving former spouse, if there was more than one),
a reduction in the retired employee or Member's current annuity
as provided in subsection (j) of this section.
(B)(i) The election and reduction shall take effect on the
first day of the first month beginning after the expiration of
the 9-month period beginning on the date of marriage. Any such
election to provide a survivor annuity for a person--
(I) shall prospectively void any election made by the
employee or Member under paragraph (1) of this
subsection with respect to such person; or
(II) shall, if an election was made by the employee
or Member under such paragraph with respect to a
different person, prospectively void such election if
appropriate written application is made by such
employee or Member at the time of making the election
under this paragraph.
(ii) The retired employee or Member shall deposit in the Fund
an amount determined by the Office of Personnel Management, as
nearly as may be administratively feasible, to reflect the
amount by which the retired employee or Member's annuity would
have been reduced under subsection (j)(4) of this section since
the commencing date of the annuity, if the employee or Member
had been married at the time of retirement and had elected to
provide a survivor annuity at that time, plus interest. For the
purposes of the preceding sentence, the annual rate of interest
for each year during which the annuity would have been reduced
if the election had been in effect since the date of the
annuity commenced shall be 6 percent.
(C) The Office shall, by regulation, provide for payment of
the deposit required under subparagraph (B)(ii) by a reduction
in the annuity of the employee or Member. The reduction shall,
to the extent practicable, be designed so that the present
value of the future reduction is actuarially equivalent to the
deposit required under subparagraph (B)(ii), except that total
reductions in the annuity of an employee or Member to pay
deposits required by this subsection or subsection (j)(3) shall
not exceed 25 percent of the annuity computed under subsections
(a) through (i), (n), (q), and (r), including adjustments under
section 8340. The reduction required by this subparagraph,
which shall be effective on the same date as the election under
subparagraph (A), shall be permanent and unaffected by any
future termination of the marriage. Such reduction shall be
independent of and in addition to the reduction required under
subparagraph (A).
(D) Subparagraphs (B)(ii) and (C) of this paragraph shall not
apply if--
(i) the employee or Member makes an election under
this paragraph after having made an election under
paragraph (1) of this subsection; and
(ii) the election under such paragraph (1) becomes
void under subparagraph (B)(i) of this paragraph.
(l) The annuity computed under subsections (a)-(k), (n), (q),
(r), and (s) for an employee who is a citizen of the United
States is increased by $36 for each year of service in the
employ of--
(1) the Alaska Engineering Commission, or The Alaska
Railroad, in Alaska between March 12, 1914, and July 1,
1923; or
(2) the Isthmian Canal Commission, or the Panama
Railroad Company, on the Isthmus of Panama between May
4, 1904, and April 1, 1914.
(m) In computing any annuity under subsections (a) through
(e), (n), (q), (r), and (s), the total service of an employee
who retires on an immediate annuity or dies leaving a survivor
or survivors entitled to annuity includes, without regard to
the limitations imposed by subsection (f) of this section, the
days of unused sick leave to his credit under a formal leave
system, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For the purpose of this subsection, in the case of
any such employee who is excepted from subchapter I of chapter
63 of this title under section 6301(2)(x)-(xiii) of this title,
the days of unused sick leave to his credit include any unused
sick leave standing to his credit when he was excepted from
such subchapter.
(n) The annuity of an employee who is a Court of Federal
Claims judge, bankruptcy judge, or United States magistrate
judge is computed, with respect to service as a Court of
Federal Claims judge, as a commissioner of the Court of Claims,
as a referee in bankruptcy, as a bankruptcy judge, as a United
States magistrate judge, and as a United States commissioner,
and with respect to the military service of any such individual
(not exceeding 5 years) creditable under section 8332 of this
title, by multiplying 21/2 percent of the individual's average
pay by the years of that service.
(o)(1)(A) An employee or Member--
(i) who, at the time of retirement, is married, and
(ii) who notifies the Office at such time (in
accordance with subsection (j)) that a survivor annuity
under section 8341(b) of this title is not desired,
may, during the 18-month period beginning on the date of the
retirement of such employee or Member, elect to have a
reduction under subsection (j) made in the annuity of the
employee or Member (or in such portion thereof as the employee
or Member may designate) in order to provide a survivor annuity
for the spouse of such employee or Member.
(B) An employee or Member--
(i) who, at the time of retirement, is married, and
(ii) who at such time designates (in accordance with
subsection (j)) that a limited portion of the annuity
of such employee or Member is to be used as the base
for a survivor annuity under section 8341(b) of this
title,
may, during the 18-month period beginning on the date of the
retirement of such employee or Member, elect to have a greater
portion of the annuity of such employee or Member so used.
(2)(A) An election under subparagraph (A) or (B) of paragraph
(1) of this subsection shall not be considered effective unless
the amount specified in subparagraph (B) of this paragraph is
deposited into the Fund before the expiration of the applicable
18-month period under paragraph (1).
(B) The amount to be deposited with respect to an election
under this subsection is an amount equal to the sum of--
(i) the additional cost to the System which is
associated with providing a survivor annuity under
subsection (b)(2) of this section and results from such
election taking into account (I) the difference (for
the period between the date on which the annuity of the
participant or former participant commences and the
date of the election) between the amount paid to such
participant or former participant under this subchapter
and the amount which would have been paid if such
election had been made at the time the participant or
former participant applied for the annuity, and (II)
the costs associated with providing for the later
election; and
(ii) interest on the additional cost determined under
clause (i) of this subparagraph computed using the
interest rate specified or determined under section
8334(e) of this title for the calendar year in which
the amount to be deposited is determined.
(3) An election by an employee or Member under this
subsection voids prospectively any election previously made in
the case of such employee or Member under subsection (j).
(4) An annuity which is reduced in connection with an
election under this subsection shall be reduced by the same
percentage reductions as were in effect at the time of the
retirement of the employee or Member whose annuity is so
reduced.
(5) Rights and obligations resulting from the election of a
reduced annuity under this subsection shall be the same as the
rights and obligations which would have resulted had the
employee or Member involved elected such annuity at the time of
retiring.
(6) The Office shall, on an annual basis, inform each
employee or Member who is eligible to make an election under
this subsection of the right to make such election and the
procedures and deadlines applicable to such election.
(p)(1) In computing an annuity under this subchapter for an
employee whose service includes service that was performed on a
part-time basis--
(A) the average pay of the employee, to the extent
that it includes pay for service performed in any
position on a part-time basis, shall be determined by
using the annual rate of basic pay that would be
payable for full-time service in the position; and
(B) the benefit so computed shall then be multiplied
by a fraction equal to the ratio which the employee's
actual service, as determined by prorating an
employee's total service to reflect the service that
was performed on a part-time basis, bears to the total
service that would be creditable for the employee if
all of the service had been performed on a full-time
basis.
(2) For the purpose of this subsection, employment on a part-
time basis shall not be considered to include employment on a
temporary or intermittent basis.
(3) In the administration of paragraph (1)--
(A) subparagraph (A) of such paragraph shall apply
with respect to service performed before, on, or after
April 7, 1986; and
(B) subparagraph (B) of such paragraph--
(i) shall apply with respect to that portion
of any annuity which is attributable to service
performed on or after April 7, 1986; and
(ii) shall not apply with respect to that
portion of any annuity which is attributable to
service performed before April 7, 1986.
(q) The annuity of a member of the Capitol Police, or former
member of the Capitol Police, retiring under this subchapter is
computed in accordance with subsection (b), except that, in the
case of a member who retires under section 8335(c) or 8336(m),
and who meets the requirements of subsection (b)(2), the
annuity of such member is--
(1) 21/2 percent of the member's average pay
multiplied by so much of such member's total service as
does not exceed 20 years; plus
(2) 2 percent of the member's average pay multiplied
by so much of such member's total service as exceeds 20
years.
(r) The annuity of a member of the Supreme Court Police, or
former member of the Supreme Court Police, retiring under this
subchapter is computed in accordance with subsection (d).
(s) The annuity of a Member who has served in a position in
the executive branch for which the rate of basic pay was
reduced for the duration of the service of the Member in that
position to remove the impediment to the appointment of the
Member imposed by article I, section 6, clause 2 of the
Constitution, shall, subject to a deposit in the Fund as
provided under section 8334(m), be computed as though the rate
of basic pay which would otherwise have been in effect during
that period of service had been in effect.
[(s)] (t)(1) For purposes of this subsection, the term
``physicians comparability allowance'' refers to an amount
described in section 8331(3)(H).
(2) Except as otherwise provided in this subsection, no part
of a physicians comparability allowance shall be treated as
basic pay for purposes of any computation under this section
unless, before the date of the separation on which entitlement
to annuity is based, the separating individual has completed at
least 15 years of service as a Government physician (whether
performed before, on, or after the date of the enactment of
this subsection).
(3) If the condition under paragraph (2) is met, then, any
amounts received by the individual in the form of a physicians
comparability allowance shall (for the purposes referred to in
paragraph (2)) be treated as basic pay, but only to the extent
that such amounts are attributable to service performed on or
after the date of the enactment of this subsection, and only to
the extent of the percentage allowable, which shall be
determined as follows:
(4) Notwithstanding any other provision of this subsection,
100 percent of all amounts received as a physicians
comparability allowance shall, to the extent attributable to
service performed on or after the date of the enactment of this
subsection, be treated as basic pay (without regard to any of
the preceding provisions of this subsection) for purposes of
computing--
(A) an annuity under subsection (g); and
(B) a survivor annuity under section 8341, if based
on the service of an individual who dies before
separating from service.
(u) The annuity of an employee retiring under this subchapter
with service credited under section 8332(b)(17) shall be
reduced by the amount necessary to ensure that the present
value of the annuity payable to the employee is actuarially
equivalent to the present value of the annuity that would be
payable to the employee under this subchapter if it were
computed--
(1) on the basis of service that does not include
service credited under section 8332(b)(17); and
(2) assuming the employee separated from service on
the actual date of the separation of the employee.
The amount of the reduction shall be computed under regulations
prescribed by the Office of Personnel Management for the
administration of this subsection.
* * * * * * *
CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
* * * * * * *
SUBCHAPTER II--BASIC ANNUITY
* * * * * * *
Sec. 8415. Computation of basic annuity
(a) Except as otherwise provided in this section, the annuity
of an employee retiring under this subchapter is 1 percent of
that individual's average pay multiplied by such individual's
total service.
(b) The annuity of a Member, or former Member with title to a
Member annuity, retiring under this subchapter is computed
under subsection (a), except that if the individual has had at
least 5 years of service as a Member or Congressional employee,
or any combination thereof, so much of the annuity as is
computed with respect to either such type of service (or a
combination thereof), not exceeding a total of 20 years, shall
be computed by multiplying 1 percent of the individual's
average pay by the years of such service.
(c) The annuity of a Congressional employee, or former
Congressional employee, retiring under this subchapter is
computed under subsection (a), except that if the individual
has had at least 5 years of service as a Congressional employee
or Member, or any combination thereof, so much of the annuity
as is computed with respect to either such type of service (or
a combination thereof), not exceeding a total of 20 years,
shall be computed by multiplying 1 percent of the individual's
average pay by the years of such service.
(d) Notwithstanding any other provision of law, the annuity
of an individual described in subsection (b) or (c) who is a
revised annuity employee or a further revised annuity employee
shall be computed in the same manner as in the case of an
individual described in subsection (a).
(e) The annuity of an employee retiring under subsection (d)
or (e) of section 8412 or under subsection (a), (b), or (c) of
section 8425 is--
(1) 1 percent of that individual's average pay
multiplied by so much of such individual's total
service as does not exceed 20 years; plus
(2) 1 percent of that individual's average pay
multiplied by so much of such individual's total
service as exceeds 20 years.
(f) The annuity of an air traffic controller or former air
traffic controller retiring under section 8412(a) is computed
under subsection (a), except that if the individual has at
least 5 years of service in any combination as--
(1) an air traffic controller as defined by section
2109(1)(A)(i);
(2) a first level supervisor of an air traffic
controller as defined by section 2109(1)(A)(i); or
(3) a second level supervisor of an air traffic
controller as defined by section 2109(1)(A)(i);
so much of the annuity as is computed with respect to such type
of service shall be computed by multiplying 1 7/10 percent of
the individual's average pay by the years of such service.
(g)(1) In computing an annuity under this subchapter for an
employee whose service includes service performed on a part-
time basis--
(A) the average pay of the employee, to the extent
that it includes pay for service performed in any
position on a part-time basis, shall be determined by
using the annual rate of basic pay that would be
payable for full-time service in the position; and
(B) the benefit so computed shall then be multiplied
by a fraction equal to the ratio which the employee's
actual service, as determined by prorating the
employee's total service to reflect the service that
was performed on a part-time basis, bears to the total
service that would be creditable for the employee if
all of the service had been performed on a full-time
basis.
(2) For the purpose of this subsection, employment on a part-
time basis shall not be considered to include employment on a
temporary or intermittent basis.
(h)(1) The annuity of an employee or Member retiring under
section 8412(g) or 8413(b) is computed in accordance with
applicable provisions of this section, except that the annuity
shall be reduced by five-twelfths of 1 percent for each full
month by which the commencement date of the annuity precedes
the sixty-second anniversary of the birth of the employee or
Member.
(2)(A) Paragraph (1) does not apply in the case of an
employee or Member retiring under section 8412(g) or 8413(b) if
the employee or Member would satisfy the age and service
requirements for title to an annuity under section 8412(a),
(b), (d)(2), (e)(2), or (f)(2), determined as if the employee
or Member had, as of the date of separation, attained the age
specified in subparagraph (B).
(B) A determination under subparagraph (A) shall be based on
how old the employee or Member will be as of the date on which
the annuity under section 8412(g) or 8413(b) is to commence.
(i)(1) In applying subsection (a) with respect to an employee
under paragraph (2), the percentage applied under such
subsection shall be 1.1 percent, rather than 1 percent.
(2) This subsection applies in the case of an employee who--
(A) retires entitled to an annuity under section
8412; and
(B) at the time of the separation on which
entitlement to the annuity is based, is at least 62
years of age and has completed at least 20 years of
service;
but does not apply in the case of a Congressional employee,
military technician (dual status), law enforcement officer,
member of the Supreme Court Police, firefighter, nuclear
materials courier, air traffic controller, or customs and
border protection officer
(j) The annuity of a Member who has served in a position in
the executive branch for which the rate of basic pay was
reduced for the duration of the service of the Member in that
position to remove the impediment to the appointment of the
Member imposed by article I, section 6, clause 2 of the
Constitution, shall, subject to a deposit in the Fund as
provided under section 8422(g), be computed as though the rate
of basic pay which would otherwise have been in effect during
that period of service had been in effect.
(k)(1) For purposes of this subsection, the term ``physicians
comparability allowance'' refers to an amount described in
section 8331(3)(H).
(2) Except as otherwise provided in this subsection, no part
of a physicians comparability allowance shall be treated as
basic pay for purposes of any computation under this section
unless, before the date of the separation on which entitlement
to annuity is based, the separating individual has completed at
least 15 years of service as a Government physician (whether
performed before, on, or after the date of the enactment of
this subsection).
(3) If the condition under paragraph (2) is met, then, any
amounts received by the individual in the form of a physicians
comparability allowance shall (for the purposes referred to in
paragraph (2)) be treated as basic pay, but only to the extent
that such amounts are attributable to service performed on or
after the date of the enactment of this subsection, and only to
the extent of the percentage allowable, which shall be
determined as follows:
(4) Notwithstanding any other provision of this subsection,
100 percent of all amounts received as a physicians
comparability allowance shall, to the extent attributable to
service performed on or after the date of the enactment of this
subsection, be treated as basic pay (without regard to any of
the preceding provisions of this subsection) for purposes of
computing--
(A) an annuity under section 8452; and
(B) a survivor annuity under subchapter IV, if based
on the service of an individual who dies before
separating from service.
(l) The annuity of an employee retiring under this chapter
with service credited under section 8411(b)(6) shall be reduced
by the amount necessary to ensure that the present value of the
annuity payable to the employee under this subchapter is
actuarially equivalent to the present value of the annuity that
would be payable to the employee under this subchapter if it
were computed--
(1) on the basis of service that does not include
service credited under section 8411(b)(6); and
(2) assuming the employee separated from service on
the actual date of the separation of the employee.
The amount of the reduction shall be computed under regulations
prescribed by the Office of Personnel Management for the
administration of this subsection.
(m)(1) In computing an annuity under this subchapter, the
total service of an employee who retires from the position of a
registered nurse with the Veterans Health Administration on an
immediate annuity, or dies while employed in that position
leaving any survivor entitled to an annuity, includes the days
of unused sick leave to the credit of that employee under a
formal leave system, except that such days shall not be counted
in determining average pay or annuity eligibility under this
subchapter.
(2)(A) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an employee
who retires on an immediate annuity or who dies leaving a
survivor or survivors entitled to annuity includes the
applicable percentage of the days of unused sick leave to his
credit under a formal leave system and for which days the
employee has not received payment, except that these days will
not be counted in determining average pay or annuity
eligibility under this subchapter. For purposes of this
subsection, in the case of any such employee who is excepted
from subchapter I of chapter 63 under section 6301(2)(x)
through (xiii), the days of unused sick leave to his credit
include any unused sick leave standing to his credit when he
was excepted from such subchapter.
(B) For purposes of subparagraph (A), the term ``applicable
percentage'' means--
(i) 50 percent in the case of an annuity, entitlement
to which is based on a death or other separation
occurring during the period beginning on the date of
enactment of this paragraph and ending on December 31,
2013; and
(ii) 100 percent in the case of an annuity,
entitlement to which is based on a death or other
separation occurring after December 31, 2013.
(n) In the case of any annuity computation under this section
that includes, in the aggregate, at least 2 months of credit
under section 8411(d) for any period while receiving benefits
under subchapter I of chapter 81, the percentage otherwise
applicable under this section for that period so credited shall
be increased by 1 percentage point.
(o)(1) No part of overtime pay (as described in section
8331(3)(J)) paid to a member of the Capitol Police shall be
treated as basic pay for purposes of any computation of an
annuity under this section, unless, before the date of the
separation on which entitlement to annuity is based, the
separating individual has completed at least 15 years of
service (whether performed before, on, or after the date of the
enactment of this subsection).
(2) If the condition under paragraph (1) is met, then any
amounts received by the individual in the form of such overtime
pay shall (for the purposes referred to in paragraph (1)) be
treated as basic pay, but only to the extent that such amounts
are attributable to service performed on or after the date of
the enactment of this subsection, and only to the extent of the
percentage allowable, which shall be determined as follows:
Then, the
If the total amount of service performed, on or after the percentage
date of enactment of this subsection: allowable
is:
Less than 4years............................................ 50
At least 4 but less than 8 years............................ 75
At least 8 years............................................ 100.
(3) Notwithstanding any other provision of this subsection,
100 percent of all amounts received as overtime pay (as
described in section 8331(3)(J)) shall, to the extent
attributable to service performed on or after the date of the
enactment of this subsection, be treated as basic pay for
purposes of computing--
(A) an annuity under section 8452; and
(B) a survivor annuity under subchapter IV, if based
on the service of an individual who dies before
separating from service.
* * * * * * *
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill that directly or indirectly change the
application of existing law:
1. The bill provides that certain appropriation items
remain available for more than one year, where programs or
projects are continuing in nature under the provisions of
authorizing legislation but for which that legislation does not
specifically authorize such extended availability.
2. The bill includes several provisions which place
limitations on or change or extend existing limitations,
appropriations, or authorizations, and which under some
circumstances might be construed as changing the application of
existing law.
3. The bill continues the practice of providing official
reception and representation allowances for officers and
offices of the Legislative Branch.
4. The bill authorizes disbursal of funds for various
agencies.
5. The bill authorizes transfer authority between accounts
for certain agencies in the bill.
6. The bill includes language allowing the use of funds for
studies and examinations of executive agencies and temporary
personnel services. Funds can also be available for
reimbursement to agencies for services performed.
7. The bill includes language providing funds for the
Family Room, the Superintendent of Garages, Office of Emergency
Management, and preparing the Digest of Rules.
8. The bill includes language providing funds for House
motor vehicles, interparliamentary receptions, and gratuities.
9. The bill requires unspent funds remaining in Members'
Representational Allowances to be used for deficit or debt
reduction.
10. The bill includes language that places a limitation on
the amount that a Member can spend on a leased vehicle per
month.
11. The bill includes language requiring that any Federal
agencies that are assisting the House with cybersecurity risks
ensure the constitutional integrity of the separate branches of
government.
12. The bill authorizes allowances for employees of the
Office of the Attending Physician and provides reimbursement to
the Department of the Navy.
13. The bill authorizes expenses of the Capitol Police for
motor vehicles, communications and other equipment, uniforms,
weapons, supplies, materials, training, medical services,
forensic services, stenographic services, personal and
professional services, the employee assistance program, the
awards program, postage, communication services, travel
advances, and relocation expenses.
14. The bill provides that the cost of Capitol Police basic
training at the Federal Law Enforcement Training Center be paid
by the Department of Homeland Security.
15. The bill includes language establishing intern
allowances for Committee offices.
16. The bill allows the Architect of the Capitol to
purchase or exchange, maintain, and operate one passenger motor
vehicle.
17. The bill includes authorization allowing reimbursements
for chilled water and steam provided to the Government
Publishing Office, the Washington City Post Office, the Supreme
Court, the Thurgood Marshall Federal Judiciary Building, Union
Station Complex, and the Folger Shakespeare Library to be
credited to the AOC Capitol Power Plant appropriation and made
available for obligation.
18. The bill allows the Architect of the Capitol to expend
funds to maintain, care for, and operate the National Garden.
19. The bill prohibits paying bonuses for contractors who
are behind schedule or over budget.
20. The bill establishes that the amount available for
obligation by the Library of Congress is reduced by offsetting
collections.
21. The bill provides specific funding for the American
Folklife Center, the Teaching with Primary Sources program, the
Legislative Branch Financial Management System, the Surplus
Books Program, the Veterans History Project, and the Visitors
Experience project.
22. The bill allows the Library of Congress to hire or
purchase one passenger motor vehicle.
23. The bill allows funds from offsetting collections to be
used for the Library's Copyright Office.
24. The bill includes language authorizing the expenditure
of receipts, with the exception of salaries and benefits, for
the administration of the Copyright Royalty Judges program.
25. The bill contains language which provides that no funds
in the Congressional Research Service can be used to publish or
prepare material to be issued by the Library of Congress unless
approved by the appropriate Committee, with an exception.
26. The bill provides funds to provide newspapers to the
blind and print disabled.
27. The bill contains language under the Library of
Congress placing a limitation on obligations for Reimbursable
and Revolving Fund activities.
28. The bill contains language amending the gift acceptance
language to authorize the Librarian to directly negotiate and
accept donations of property on behalf of the Library.
29. The bill includes language applying to Library task or
delivery order contracts the same protest limits that apply to
Executive agency orders.
30. The bill contains language restricting the use of funds
appropriated to the Government Publishing Office for the
permanent edition of the Congressional Record for individual
Representatives and Senators, Resident Commissioners or
Delegates, and language providing that appropriations
recommended shall be available for the payment of obligations
incurred under appropriations for similar purposes for
preceding fiscal years, limiting the printing of certain
documents to a time certain, and authorizing the transfer of
unobligated balances.
31. The bill includes language authorizing the Public
Information Programs of the Superintendent of Documents to pay
for printing certain publications in prior years for the
depository library program. There is language authorizing the
transfer of unexpended balances.
32. There is language authorizing the operation of the
Government Publishing Office revolving fund, and which
authorizes travel expenses for advisory councils, the purchase
of not more than 12 passenger motor vehicles and that the
revolving fund may be used to provide information in any
format.
33. The bill includes language relating to the Government
Accountability Office, authorizing the direct procurement of
expert and consultant services under 5 U.S.C. 3109 at certain
rates; authorizing the hire of one passenger motor vehicle, as
required by 31 U.S.C. 1343; authorizing the Government
Accountability Office to make advance payments in foreign
countries in accordance with 31 U.S.C. 3324; and providing
certain benefits, including rental of living quarters in
foreign countries. Appropriations are authorized for
administrative expenses of any other member department or
agency to finance an appropriate share of the costs of the
National Intergovernmental Audit Forum or a Regional
Intergovernmental Audit Forum.
34. The bill includes language changing the name of the
Open World Leadership Center Trust Fund to Congressional Office
for International Leadership.
35. The bill includes language prohibiting the use of funds
in the Act for the maintenance or care of private vehicles
except for emergency assistance and cleaning as may be provided
under regulations relating to parking facilities for the House
issued by the Committee on House Administration and for the
Senate by the Committee on Rules and Administration.
36. The bill provides no part of the funds appropriated in
this Act shall remain available for obligation beyond fiscal
year 2022 unless expressly so provided in this Act.
37. The bill provides that whenever any office or position
not specifically established by the Legislative Pay Act of 1929
is appropriated for herein, or whenever the rate of
compensation or designation of any position appropriated for
herein is different from that specifically established for such
position by such Act, the rate of compensation and the
designation of the position, either appropriated for or
provided herein, shall be the permanent law with respect
thereto. The bill also provides that the provisions herein for
the various items of official expenses of Members, officers,
and the Committees, and clerk hire for Senators and Members
shall be the permanent law with respect thereto.
38. The bill requires that certain information regarding
consulting services shall be a matter of public record.
39. The bill authorizes Legislative Branch entities to
share the costs of the Legislative Branch Financial Managers
Council.
40. The bill limits the transfer of funds in this Act.
41. The bill prohibits funds in this Act being used to
eliminate or restrict staff-led guided tours.
42. The bill prohibits funds from being used to acquire
telecommunications equipment from a particular class of
vendors.
43. The bill prohibits funds from being used to maintain or
establish a computer network unless the network blocks
pornography.
44. The bill includes language requiring agencies funded in
the Act to eliminate or reduce plastic waste.
45. The bill includes language blocking the cost of living
adjustment for Members of Congress.
46. The bill includes language permitting funds in the Act
to be used to employ individuals with an employment
authorization document under the Deferred Action for Childhood
Arrivals (DACA) Program.
47. The bill includes language adjusting the annual rates
of pay for certain heads of Legislative Branch agencies to make
them equal to rates established for other heads of agencies in
the fiscal year 2021 consolidated appropriation act.
48. The bill includes language requiring the Architect of
the Capitol to remove statues and busts in the U.S. Capitol
representing Confederate Army or Government officials, as well
as the statuary for four white supremacists, including Roger B.
Taney.
49. The bill includes language that makes certain amounts
of overtime pay earned by officers of the Capitol Police
creditable as basic pay for retirement.
50. The bill includes language directing the AOC to affix a
plaque at a permanent location on the western front of the
United States Capitol listing the names of police officers who
served at the Capitol in response to the attack on January 6,
2021.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
1. An appropriation of $1,943,000 for Allowance for
Compensation of Interns in House Standing, Special and Select
Committee Offices; this account will be authorized and
appropriated for the first time in the Legislative Branch
Appropriations Act, 2022.
2. An appropriation of $345,584 for Allowance for
Compensation of Interns in House Appropriations Committee
Offices; this account will be authorized and appropriated for
the first time in the Legislative Branch Appropriations Act,
2022.
BUDGETARY IMPACT OF THE FY 2022 LEGISLATIVE BRANCH APPROPRIATIONS BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT
TO SEC. 308(A), PUBLIC LAW 93-344, AS AMENDED
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget Act
requires the report accompanying a bill providing new budget
authority to contain a statement comparing the levels in the
bill to the suballocations submitted under section 302(b) of
the Act for the most recently agreed to concurrent resolution
on the budget for the applicable fiscal year.
[IN MILLIONS OF DOLLARS]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
-------------------------------------------------------------------------------
Budget Authority Outlays Budget Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the
bill with Committee allocations
to its subcommittees:
Subcommittee on Legislative
Branch
Discretionary
All Except Senate....... 4,803 n.a. \1\4,803 n.a.
Senate items............ 1,173 n.a. 1,173 n.a.
Total............... 5,976 6,000 \1\5,976 4,947
Mandatory................... 158 158 \1\158 158
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
FIVE-YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the
Congressional Budget and Impoundment Control Act of 1974
(Public Law 93-344), as amended, the following table contains
five-year projections associated with the budget authority
provided in the accompanying bill.
[IN MILLIONS OF DOLLARS]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:....................................
2022............................................ \1\4,200
2023............................................ 554
2024............................................ 129
2025............................................ 54
2026 and future years........................... 113
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974, as amended, the Congressional
Budget Office has provided the following estimates of new
budget authority and outlays provided by the accompanying bill
for financial assistance to State and local governments.
[IN MILLIONS OF DOLLARS]
------------------------------------------------------------------------
Budget Authority Outlays
------------------------------------------------------------------------
Financial assistance to State 0 \1\0
and local governments for 2022.
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
Program Duplication
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the following states that: No
provision of this bill establishes or reauthorizes a program of
the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Committee Hearings
Pursuant to clause 3(c)(6) of rule XIII of the Rules of the
House of Representatives, the following hearings were used to
develop or consider the Legislative Branch Appropriations Act,
2022:
------------------------------------------------------------------------
Date Title of Hearing Witnesses
------------------------------------------------------------------------
February 18, 2021............... House Wellness and Mr. Bryan Weiss,
Employee the Manager of
Assistance as a the House
Result of the Wellness Center
January 6 and Mr. Paul
Insurrection. Tewksbury, the
Director of the
House Office of
Employee
Assistance.
Feburay 24, 2021................ House Chief Architect of the
Admistrative Capitol, Brett
Office and Blanton, Chief
Architect of the Administrative
Capitol State of Officer,
Damage and Catherine
Preservation as a Szpindor, and
Result of the House Curator,
January 6 Farar Elliott.
Insurrection.
February 25, 2021............... U.S. Capitol Acting Chief of
Police and House the Capitol
Sergeant at Arms, Police, Yogananda
Security Failures Pittman and the
on January 6. Acting House
Sergeant at Arms,
Tim Blodgett.
March 2, 2021................... Congressional Dr. Phillip
Budget Office FY Swagel, Director
2022 Budget. of the
Congressional
Budget Office.
March 2, 2021................... Open World FY 2022 Ms. Jane Sargus,
Budget. Executive
Director Open
World Leadership
Center.
March 3, 2021................... United States Acting Chief of
Capitol Police FY the Capitol
2022 Budget. Police, Yogananda
Pittman.
March 3, 2021................... Library of Librarian of
Congress FY 2022 Congress, Dr.
Budget. Carla Hayden.
March 10, 2021.................. Government Comptroller
Accountability General of the
Office FY 2022 Government
Budget. Accountability
Office, Mr. Gene
Dodaro.
March 10, 2021.................. House Officers FY Cheryl L. Johnson,
2022 Budget. Clerk of the
House; Tim
Blodgett, Acting
Sergeant at Arms;
Catherine
Szpindor, Chief
Administrative
Officer; Mr. Wade
Ballou, Chief
Legislative
Counsel; Mr.
Douglas Letter,
General Counsel;
Mr. Michael T.
Ptasienski,
Inspector
General; Mr.
Ralph V. Seep,
Law Revision
Counsel; and Ms.
Kemba Hendrix,
Director, Office
of Diversity &
Inclusion.
March 11, 2021.................. Architect of the Architect of the
Capitol FY 2022 Capitol, Brett
Budget. Blanton.
March 11, 2021.................. Government Director of the
Publishing Office Government
FY 2022 Budget. Publishing
Office, Mr. Hugh
Halpern.
March 18, 2021.................. Office of Executive Director
Congressional of the Office of
Workplace Rights Congressional
FY 2022 Budget. Workplace Rights,
Ms. Susan
Grundmann.
June 9, 2021.................... Full Committee ..................
Member Day.
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[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
We appreciate the efforts of the Majority to produce the
Legislative Branch Appropriations bill for Fiscal Year (FY)
2022. The bill takes steps to make the House of Representative
more effective, efficient, and transparent on behalf of the
American people. It recognizes the service and sacrifice of our
Capitol Police and supports the Department's evolving mission.
The bill also allows the Architect of the Capitol to maintain
and better protect the Capitol Complex as well as promote the
health and safety of the people who work and visit the campus.
However, Committee Republicans have concerns about the bill in
its current form.
This bill is based on a funding framework that the majority
party developed without Republican support. The total spending
for the Legislative Branch increases by more than thirteen
percent. After a year of record deficit spending, we should
work to enact more responsible spending levels that do not
continue to add to the national debt while still allowing
Legislative Branch agencies to execute their missions. In
addition to concerns about spending, we are also disappointed
that the Majority party included controversial policy riders
that must be modified before this bill can become law.
We would like to thank Chairman Ryan and Chair DeLauro for
their cooperation throughout the development of the bill and
for incorporating most of the requests submitted by Committee
Republicans. We remain optimistic that we will be able to work
together to address these issues as we proceed through the
legislative process.
Kay Granger.
Jaime Herrera Beutler.
[all]