Legislative Branch Appropriations: Frequently Asked Questions
Legislative Branch Appropriations:
March 12, 2024
Frequently Asked Questions
Ida A. Brudnick
This report responds to frequently asked questions about legislative branch appropriations.
Specialist on the Congress
Frequently asked questions include the items that are funded within this bill; development,
presentation, and consideration of the legislative branch budget requests; the legislative branch
budget in historical perspective; and recent actions.
Consideration of FY2024 legislative branch funding began in March with the release of the Budget Appendix, which includes
the legislative branch request. The House Legislative Branch Appropriations Subcommittee and the Senate Legislative
Branch Appropriations Subcommittee held hearings that month to discuss the requests.
On May 9, 2023, the President submitted a budget amendment, which would decrease by $17 million the overall
discretionary budget authority in the FY2024 legislative branch budget request. The budget amendment would address the
Senate (two language requests, one increase in a request, and two decreases to requests; total requested level decreased by
$17.7 million), joint items (a decrease of $215,000 in the request for the Joint Economic Committee), and the Congressional
Office for International Leadership (an increase of $1.2 million in the request). The revised request of $7.134 billion
represents an increase of 3.4% from the FY2023 enacted level.
On May 17, 2023, the House Appropriations Committee, Subcommittee on the Legislative Branch held a markup of the
FY2024 bill and ordered it reported by voice vote.
On June 21, 2023, the full House Appropriations Committee marked up the bill and ordered it reported by roll call vote (Roll
Call #5, 33-24) (H.R. 4364, H.Rept. 118-120). It would provide $5.301 billion, not including Senate items, a $261.2 million
decrease (-4.7%) from the comparable FY2023 enacted level. A number of amendments were considered during the markup:
a manager’s amendment adopted by voice vote; two amendments adopted by roll call vote; and two amendments not adopted
by roll call vote.
The Senate Appropriations Committee approved its initial 302(b) suballocations on June 22, 2023, by recorded vote (15-13,
S.Rept. 118-45). The plan would include $6.761 billion in discretionary budget authority for the legislative branch
(approximately 0.4% of total discretionary budget authority).
On July 13, 2023, the Senate Appropriations Committee held a markup of the FY2024 legislative branch appropriations bill.
The bill was ordered reported by a vote of 29-0 (S. 2302, S.Rept. 118-60). The bill, as amended, would provide $4.741
billion (not including House items), a $196.2 million decrease (-4.0%) from the comparable FY2023 enacted level.
A continuing appropriations resolution extending funding through November 17, 2023, was enacted on September 30, 2023
(P.L. 118-15). Legislative branch funding was further extended through February 2, 2024 (P.L. 118-22), March 8 (P.L. 118-
35), and March 22 (P.L. 118-40).
The House Rules Committee met to discuss a rule for consideration of H.R. 4364 on October 2, 2023. The House adopted the
special rule (H.Res. 756, H.Rept. 118-242) on October 3. H.R. 4364 passed the House (214-197) on November 1.
Previously, Division I of the FY2023 Consolidated Appropriations Act (P.L. 117-328), enacted on December 29, 2022,
provided $6.899 billion for legislative branch activities (an increase of $975.2 million, or +16.5%, from the FY2022 enacted
level).
For information on FY2023 funding, see CRS Report R47296, Legislative Branch: FY2023 Appropriations.
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Contents
Frequently Asked Questions ............................................................................................................ 1
In addition to the Senate and House of Representatives, what is funded by the
legislative branch appropriations bill? ............................................................................. 1
Why is the legislative branch budget request included in the President’s budget
request? Does the President play any role in its development? ....................................... 1
What percentage of discretionary budget authority historically goes to the
legislative branch? ........................................................................................................... 2
What percentage of total budget authority (mandatory and discretionary)
historically goes to the legislative branch? ...................................................................... 2
How is funding divided across the legislative branch? ....................................................... 2
Why do the initial committee-reported versions of the annual bill not fund the
other chamber? ................................................................................................................. 3
How has funding for the legislative branch changed in recent years in current and
constant (inflation-adjusted) dollars? ............................................................................... 4
What funding has been provided in recent years for the Senate, House of
Representatives, and legislative branch agencies? ........................................................... 4
Are Member salaries funded or adjusted in the legislative branch appropriations
bill? .................................................................................................................................. 8
Figures
Figure 1. Distribution of Legislative Branch Funding: FY2022 and FY2023 ................................ 3
Tables
Table 1. Legislative Branch Funding, FY2008-FY2023: Current and Constant Dollars ................ 5
Table 2. Legislative Branch Appropriations: Prior Enacted, FY2024 Requested, House-
Passed, and Senate-Reported Levels ............................................................................................ 6
Contacts
Author Information .......................................................................................................................... 9
Congressional Research Service
Legislative Branch Appropriations: Frequently Asked Questions
Frequently Asked Questions
In addition to the Senate and House of Representatives, what is funded by the
legislative branch appropriations bill?
In addition to the Senate and House of Representatives, the legislative branch bill typically funds
Joint Items, including the Joint Economic Committee, Joint Committee on Taxation, Office of the
Attending Physician, Office of Congressional Accessibility Services, and in some years, the Joint
Congressional Committee on Inaugural Ceremonies; Capitol Police; Office of Congressional
Workplace Rights (OCWR, formerly the Office of Compliance); Congressional Budget Office
(CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional
Research Service (CRS); Government Publishing Office (GPO); Government Accountability
Office (GAO); and the Congressional Office for International Leadership (formerly the Open
World Leadership Center, renamed in the FY2022 Consolidated Appropriations Act).
Why is the legislative branch budget request included in the President’s
budget request? Does the President play any role in its development?
The President has no formal role in the development of the legislative branch budget request,
even though it is included in the President’s annual budget request documents.
By long-standing law and practice, the legislative branch request and any supplemental requests
are submitted to the President and included in the budget without change.1 While the executive
branch budget submissions generally involve interaction between an agency and the Office of
Management and Budget (OMB), the legislative branch requests do not. The executive branch
does not review or maintain documentation in support of the legislative branch requests.2
1 Pursuant to 31 U.S.C. §1105, “Estimated expenditures and proposed appropriations for the legislative branch and the
judicial branch to be included in each budget ... shall be submitted to the President ... and included in the budget by the
President without change.” Division C of the FY2012 Consolidated Appropriations Act (P.L. 112-74) added language
to 31 U.S.C. §1107 relating to budget amendments, stating: “The President shall transmit promptly to Congress without
change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and
the judicial branch.”
2 OMB Circular A-11, Part 2, “Preparation and Submission of Budget Estimates,” Section 25, provides the following
information for agencies and entities, including the legislative branch, “not subject to Executive Branch review by law
or custom. That means that the requirements for submitting materials in support of your budget request do not apply to
you. However, you do need to submit the information required for inclusion in the budget database and documents,
which OMB incorporates without revision” (https://www.whitehouse.gov/omb/information-for-agencies/circulars/).
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What percentage of discretionary budget authority historically goes to the
legislative branch?
Discretionary budget authority is provided and controlled by the annual appropriations acts.
Since FY1976, the legislative branch as a proportion of total discretionary budget authority has
averaged approximately 0.40%.3 The maximum level, not including the transition quarter,4 was in
FY1995 (0.48%), and the minimum was in FY2020 (0.28%).
What percentage of total budget authority (mandatory and discretionary)
historically goes to the legislative branch?
Total budget authority includes both discretionary budget authority controlled by the annual
appropriations acts and mandatory budget authority controlled by previous laws, including
entitlements.
Since FY1976, the legislative branch as a proportion of total budget authority has averaged
0.16%. The maximum level, 0.23%, was in FY1977, and the minimum, 0.07%, was in FY2020.5
How is funding divided across the legislative branch?
Figure 1 shows the distribution of funding across the legislative branch in FY2022 and FY2023.
3 Calculations by CRS with data from Office of Management and Budget (OMB), “Table 5.4—Discretionary Budget
Authority By Agency: 1976-2028,” in Historical Tables, Budget of the United States Government, FY2024, at
https://www.whitehouse.gov/omb/historical-tables/. The calculations have some limitations, since the OMB data do not
completely align with items funded in the annual and supplemental legislative branch appropriations acts. The
differences may be partially traced to the definition of “legislative branch” in the OMB Public Budget Database user’s
guide. Some entities regularly included with the legislative branch in many OMB budget documents, like the U.S. Tax
Court and some Legislative Branch Boards and Commissions, are not funded through the annual legislative branch
appropriations acts. Consequently, an examination of the discretionary budget authority listed in the Historical Tables
reveals some differences with the reported total budget authority provided in the annual legislative branch
appropriations acts. The difference in legislative branch budget authority resulting from the different definitions of the
legislative branch in the OMB budget documents and in the appropriations acts, however, does not represent a
significant difference in the proportion of total discretionary budget authority.
4 “Prior to 1977, the fiscal year began on July 1 and ended on June 30 ... Fiscal year 1976 ended on June 30, 1976, and
fiscal year 1977 began on October 1, 1976. The period July 1, 1976, to September 30, 1976, is called the ‘transition
quarter’ or TQ.” (Office of Management and Budget, Budget Analysis Branch, Public Budget Database User’s Guide,
Budget of the United States Government, FY2022, May 2021, p. 2.)
5 FY2022 is the most recent year for which actual, rather than estimated, data are available. Calculations by CRS with
data from Office of Management and Budget (OMB), “Table 5.2—Budget Authority by Agency: 1976–2028,” in
Historical Tables, Budget of the United States Government, FY2024, at https://www.whitehouse.gov/omb/historical-
tables/. The calculations have some limitations, since, as stated above, the OMB data do not completely align with
items funded in the annual and supplemental legislative branch appropriations acts.
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Legislative Branch Appropriations: Frequently Asked Questions
Figure 1. Distribution of Legislative Branch Funding: FY2022 and FY2023
(Division I of P.L. 117-103 compared to Division I of P.L. 117-328)
Source: CRS analysis of legislative branch appropriations acts and related budget documents.
Note: This figure does not include permanent budget authorities, offsetting col ections, or authority to spend
receipts.
Why do the initial committee-reported versions of the annual bill not fund the
other chamber?
The House and Senate both consider funding levels for the legislative branch agencies and joint
entities. By long-standing tradition, however, the House bill does not propose funding levels for
Senate items, including the account that funds the Senate and the Senate office buildings account
within the Architect of the Capitol.6 Similarly, the Senate does not comment on House items,
including the account that funds the House and the House office buildings account within the
Architect of the Capitol. The House, Senate, and conference reports on legislative branch
appropriations bills regularly contain language illustrating the deference of each chamber to the
internal practices of the other.7 If comparing the House and Senate bill totals, or the total provided
6 The House and Senate office building accounts are 2 of the 10 accounts that fund operations of the Architect. The
other accounts fund capital construction and operations, Capitol building, Capitol grounds, Capitol Power Plant,
Library buildings and grounds, Capitol Police buildings and grounds, Capitol Visitor Center, and Botanic Garden.
7 For example, the FY1996 conference report (U.S. Congress, House Committee on Appropriations, FY1996
Legislative Branch Appropriations Bill, H.Rept. 104-212, report to accompany H.R. 1854, p. 9) states
Inasmuch as the amendment relates solely to the Senate and in accord with long practice under
which each body concurs without intervention, the managers on the part of the House, at the
request of the managers on the part of the Senate, have receded to the Senate amendment, as
amended.
Similarly, the FY2010 conference report (U.S. Congress, conference committee, FY2010 Legislative Branch
Appropriations Bill, H.Rept. 111-265, report to accompany H.R. 2918, p. 33) states
Inasmuch as these items relate solely to the House, and in accord with long practice under which
(continued...)
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to the Architect of the Capitol at different stages of consideration, adjustments may be necessary
to address any omissions due to this practice.
How has funding for the legislative branch changed in recent years in current
and constant (inflation-adjusted) dollars?
Table 1 provides information on the enacted funding levels provided for the legislative branch
from FY2008 to FY2023.
What funding has been provided in recent years for the Senate, House of
Representatives, and legislative branch agencies?
Table 2 provides information on funding levels for the Senate, House of Representatives, and
legislative branch agencies in recent years as well as the requested, House-passed (H.R. 4364),
and Senate-reported (S. 2302) levels for FY2024.
By law, the President includes the legislative branch request in the annual budget submission
without change.
each body determines its own housekeeping requirements and the other concurs without
intervention, the managers on the part of the Senate, at the request of the managers on the part of
the House, have receded to the amendment of the House as amended.
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Table 1. Legislative Branch Funding, FY2008-FY2023: Current and Constant Dollars
(in billions of dollars)
Fiscal
Year
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
Current
3.970
4.501a
4.669b
4.543c
4.307
4.061d
4.259
4.300
4.363
4.440
4.700e
4.846f
5.049g
5.304h
5.924
6.899i
Dol ars
Constant
5.458
6.196
6.314
6.009
5.581
5.179
5.348
5.371
5.413
5.413
5.606
5.682
5.806
5.932
6.252
6.899
Dol ars
Source: CRS analysis of legislative branch appropriations acts and related budget documents.
Notes: These figures exclude permanent budget authorities, including funding for Member pay, that are not included in the annual legislative branch appropriations bil .
Constant 2023 dol ars calculated using the “Total Non-Defense” deflator in Table 10.1—Gross Domestic Product and Deflators Used in the Historical Tables: 1940–2028 in
the President’s FY2024 budget request. See notes below or related CRS reports for additional information on specific years.
a. This number contains appropriations provided by P.L. 111-8 (the FY2009 Omnibus Appropriations Act), $25.0 mil ion for the Government Accountability Office
provided by P.L. 111-5 (the American Recovery and Reinvestment Act of 2009), and $73.6 mil ion provided by P.L. 111-32 (the Supplemental Appropriations Act,
2009) for the U.S. Capitol Police and the Congressional Budget Office.
b. This number contains appropriations provided by P.L. 111-68 (the FY2010 Legislative Branch Appropriations Act), and $12.96 mil ion in supplemental appropriations
provided for the U.S. Capitol Police in P.L. 111-212 (the Supplemental Appropriations Act, 2010).
c. This number does not include scorekeeping adjustment.
d. FY2013 level obtained from the CBO cost estimate for “Continuing Appropriations Resolution, 2014 (H.J.Res. 59), Including the Amendment Reported by the
House Committee on Rules on September 18, 2013 (H.Res. 352) Discretionary spending (in mil ions of dol ars),” which lists a total for legislative branch budget
authority of $4.061 bil ion, noting that it “includes effects of the 2013 sequestration.” This bil contained a small anomaly for the legislative branch.
e. Does not include $14.0 mil ion provided to the Government Accountability Office “for audits and investigations relating to Hurricanes Harvey, Irma, and Maria and
the 2017 wildfires” (P.L. 115-123, Title IX of Division B, enacted February 9, 2018).
f.
The total includes $10.0 mil ion in FY2019 supplemental appropriations for GAO for audits and investigations related to storms and disasters (P.L. 116-20, enacted
June 6, 2019).
g. The total does not include $93.1 mil ion in FY2020 supplemental appropriations, including $10.0 mil ion for the Senate, $25.0 mil ion for the House of
Representatives, $400,000 for the Office of the Attending Physician, $12.0 mil ion for the Capitol Police, $25.0 mil ion for the Architect of the Capitol, $700,000 for
the Library of Congress, and $20.0 mil ion for the Government Accountability Office (CARES Act, P.L. 116-136, enacted March 27, 2020).
h. The total does not include funding provided in the Emergency Security Supplemental Appropriations Act, 2021 (P.L. 117-31, July 30, 2021), which provided $448.6
mil ion.
i.
The total does not include $7.5 mil ion in supplemental appropriations provided for GAO in P.L. 117-328.
CRS-5
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Table 2. Legislative Branch Appropriations: Prior Enacted, FY2024 Requested, House-Passed, and Senate-Reported Levels
(in thousands of dollars)
FY2024
FY2024
FY2015
FY2016
FY2017
FY2018
FY2019
FY2020
FY2021
FY2022
FY2023
FY2024
House-
Senate-
Entity
Enacted
Enacted
Enacted
Enacteda
Enactedb
Enactedc
Enactedd
Enacted
Enacted
Requeste
passed
reported
Senate
$864,286
$870,159
$871,177
$919,932
$934,667e
$969,396
$998,560
$1,094,894
$1,150,349 $1,257,494
—
$1,238,495
House
1,180,735
1,180,909
1,189,223
1,200,173
1,232,663e
1,365,725
1,476,607
1,715,170
1,847,745
1,902,831
1,850,998
—
Joint Itemsf
19,056
20,732
19,565
20,654
20,656
22,643
21,513
22,337
23,114
30,148
23,378
29,849
USCP
347,959
375,000
393,300
426,500
456,308
464,341
515,541
602,509
734,576
840,942
780,916
792,473
OCWRg
3,959
3,959
3,959
4,959
6,333
6,333
7,500
7,500
8,000
8,550
8,000
8,300
CBO
45,700
46,500
46,500
49,945
50,737
54,941
57,292
60,953
63,237
70,775
64,637
70,125
AOC
600,261
612,904
617,887
712,105
733,745
695,933
675,073
773,898
1,315,002
1,128,086
787,103
797,699
LOC
590,921
599,912
631,958
669,890
696,112
725,359
757,346
794,019
828,548
895,204
843,747
855,848
(w/CRS)
CRS (non-
106,945
106,945
107,945
119,279
125,688
120,495h
125,495
129,106
133,600
146,574
135,797
136,080
add)
GPO
119,993
117,068
117,068
117,068
117,000
117,000
117,000
124,237
129,854
132,488
129,854
131,566
GAO
522,000
531,000
544,506
578,917a
589,750b
630,000
661,139
719,230
790,319
859,653
806,004
813,968
COILi
5,700
5,600
5,600
5,600
5,600
5,900
6,000
6,000
6,000
7,200
6,000
6,000
Stennis
430
430
430
430
430
430
430
430
430
430
430
430
Admin.
-1,000
-1,000
-1,000
-2,000
-2,000
-2,000
-2,000
-2,000
-3,000
—
—
—
Prov.
Otherj
0
0
0
-4,000
-6,000
-7,000
7,000
5,000
5,000
—
—
-4,000
Total Leg.
$4,300,000
$4,363,172 $4,440,173 $4,700,173a $4,836,001b $5,049,000c $5,304,213d
$5,924,177
$6,899,174k
$7,133,801e
$5,301,067
$4,740,753
Branch
Sources: P.L. 113-76, P.L. 113-235, P.L. 114-113, P.L. 115-31, P.L. 115-141, P.L. 115-244, P.L. 116-94, P.L. 116-260, P.L. 117-103, P.L. 117-328, explanatory materials for
FY2014, FY2015, FY2016, FY2017, FY2018, FY2020, FY2021, FY2022, and FY2023 inserted into the Congressional Record, H.Rept. 115-929, the Budget for Fiscal Year 2024,
H.R. 4364, H.Rept. 118-120, S. 2302, S.Rept. 118-60, and CRS calculations. See notes below or related CRS reports for additional information on specific years.
CRS-6
a. Does not include emergency appropriation provided by P.L. 115-123. Title IX of Division B provided $14.0 mil ion to GAO “for audits and investigations relating to
Hurricanes Harvey, Irma, and Maria and the 2017 wildfires.”
b. Does not include emergency appropriation provided by P.L. 116-20. Title IX provided $10.0 mil ion to GAO for audits and investigations related to storms and
disasters.
c. The table does not include emergency appropriations of $93.1 mil ion provided in P.L. 116-136 ($10.0 mil ion for the Senate, $25.0 mil ion for the House of
Representatives, $400,000 for the Office of the Attending Physician, $12.0 mil ion for the Capitol Police, $25.0 mil ion for the Architect of the Capitol, $700,000 for
the Library of Congress, and $20.0 mil ion for the Government Accountability Office).
d. The table does not include provisions in the Emergency Security Supplemental Appropriations Act, 2021 (P.L. 117-31, enacted on July 30, 2021) for the House of
Representatives, Senate, Capitol Police, or Architect of the Capitol, or emergency appropriations included in P.L. 116-260. Total includes a rescission of $5.212
mil ion.
e. The FY2024 requested levels include a budget amendment submitted on May 9, 2023, which would decrease the total legislative branch request by $17 mil ion. The
budget amendments would address the Senate (largely decreases and language requests), joint items (a decrease of $215,000 in the request for the Joint Economic
Committee), and the Congressional Office for International Leadership (an increase of $1.2 mil ion in the request). See President Joseph R. Biden, “Letter to the
Speaker of the House of Representatives on Fiscal Year 2024 Budget Amendments,” May 9, 2023, https://www.whitehouse.gov/wp-
content/uploads/2023/05/FY_2024_Budget_Amendment_Corrections_5-9-23.pdf. Total does not include gratuity payments for survivors of deceased Members of
Congress.
f.
“Joint Items” generally contains funding for the Joint Economic Committee, the Joint Committee on Taxation, the Office of the Attending Physician, and the Office
of Congressional Accessibility Services. In fiscal years prior to an inauguration, it also contains funding for the Joint Congressional Committee on Inaugural
Ceremonies (e.g., $1.25 mil ion for FY2016; $1.5 mil ion for FY2020).
g. Formerly known as the Office of Compliance, the Office of Congressional Workplace Rights (OCWR) was renamed by the Congressional Accountability Act of
1995 Reform Act (P.L. 115-397).
h. The House Appropriations Committee report (H.Rept. 116-64) describes “Appropriations Shifts to Reflect Centralized Funding for Information Technology” that
affected the four LOC appropriations headings. The report states that the House-reported FY2020 level represents an increase of $2.99 mil ion for CRS when
reflecting the centralized IT funding.
i.
The FY2022 appropriations act contained a provision changing the name from the Open World Leadership Center to the Congressional Office for International
Leadership (COIL).
j.
Includes, for example, scorekeeping adjustments or prior-year outlays.
k. Gratuity payments to heirs of deceased Members of the House were provided in P.L. 117-103, P.L. 117-128, P.L. 117-180, and P.L. 117-229. Does not include $7.5
mil ion in supplemental funding provided to GAO (P.L. 117-328).
CRS-7
Legislative Branch Appropriations: Frequently Asked Questions
Are Member salaries funded or adjusted in the legislative branch
appropriations bill?
No, salaries for Members of Congress are neither funded nor increased in the legislative branch
bill.
Member salaries have been included as mandatory spending since FY1983, and the amount of
potential Member pay adjustments is calculated pursuant to the Ethics Reform Act of 1989, which
established a formula based on changes in the Employment Cost Index (ECI).8 The adjustment
automatically takes effect unless (1) Congress statutorily prohibits the adjustment; (2) Congress
statutorily revises the adjustment; or (3) the annual base pay adjustment of General Schedule
(GS) federal employees is established at a rate less than the scheduled increase for Members, in
which case the percentage adjustment for Member pay is automatically lowered to match the
percentage adjustment in GS base pay.
Members of Congress last received a pay adjustment in January 2009. Since then, the
compensation for most Senators, Representatives, Delegates, and the Resident Commissioner
from Puerto Rico has been $174,000.
Section 6 of P.L. 117-328 prohibited a cost of living adjustment for Members of Congress for
2023.
On September 30, 2023, a continuing appropriations resolution (CR) providing funding for
legislative branch activities through November 17, 2023, was enacted (P.L. 118-15). This CR also
extended Section 6 of P.L. 117-328, prohibiting a pay adjustment for Members of Congress.
Subsequent FY2024 CRs extended this prohibition.
The maximum potential 2024 member pay adjustment, based on the ECI, is 4.6%, or $8,000.9
S. 2302, as reported, includes a provision (Section 211 of the general provisions) to freeze
Member pay for FY2024.
H.R. 4364, as reported by the House Appropriations Committee, did not include a provision
freezing Member pay, but such a provision was added pursuant to a manager’s amendment, to be
considered as adopted, included in the rule for consideration of the bill. The rule, H.Res. 756
(H.Rept. 118-242), was agreed to in the House on October 3, 2023. H.R. 4364 was debated and
passed the House on November 1, 2023.
Although discussion of Member pay is often associated with appropriations bills, these bills do
not contain language funding or increasing Member pay, and a prohibition on the automatic
annual Member pay adjustments could be included in any bill, or be introduced as a separate bill.
For a list of the laws that have previously contained provisions prohibiting the annual pay
adjustments, see “Table 3. Legislative Vehicles Used for Pay Prohibitions, Enacted Dates, and
Pay Language” in CRS Report 97-1011, Salaries of Members of Congress: Recent Actions and
8 For mandatory spending language, see P.L. 97-51, 95 Stat. 966, September 11, 1981; and, for example, “Table 26-1.
Federal Budget By Agency and Account” in Analytical Perspectives, Budget of the United States Government,
FY2023, pp. 2, 3. For the Ethics Reform Act, see P.L. 101-194, 103 Stat. 1767-1768, November 30, 1989.
9 The potential Member pay adjustment was determined by a formula using the Employment Cost Index (private
industry wages and salaries, not seasonally adjusted), based on the 12-month percentage change reported for the quarter
ending December 31, minus 0.5%. The 4.6% potential adjustment was determined by taking the percentage increase in
the index between the quarters ending December 2021 and December 2022, which was 5.1%, and subtracting 0.5%.
U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index—December 2022, January 31, 2023, p.
15. Pursuant to 2 U.S.C. §4501(2)(A), this amount is “rounded to the nearest multiple of $100.”
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Legislative Branch Appropriations: Frequently Asked Questions
Historical Tables, by Ida A. Brudnick. In contrast, the salaries and benefits for legislative branch
employees are provided by the legislative branch appropriations acts, although they generally do
not address pay adjustments.10
Author Information
Ida A. Brudnick
Specialist on the Congress
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.
10 Rather, adjustments may be determined by employing authorities (in the case of House and Senate employees) or
broader or agency-specific pay systems. For example, see the Orders of the Speaker of the House of Representatives
(issued pursuant to 2 U.S.C. §4532 note); Orders of the President pro Tempore (issued pursuant to 2 U.S.C. §4571);
and laws governing employment for individual agencies, positions, or pay systems.
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R43397 · VERSION 27 · UPDATED
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March 12, 2024
Frequently Asked Questions
Ida A. Brudnick
This report responds to frequently asked questions about legislative branch appropriations.
Specialist on the Congress
Frequently asked questions include the items that are funded within this bill; development,
presentation, and consideration of the legislative branch budget requests; the legislative branch
budget in historical perspective; and recent actions.
Consideration of FY2024 legislative branch funding began in March with the release of the Budget Appendix, which includes
the legislative branch request. The House Legislative Branch Appropriations Subcommittee and the Senate Legislative
Branch Appropriations Subcommittee held hearings that month to discuss the requests.
On May 9, 2023, the President submitted a budget amendment, which would decrease by $17 million the overall
discretionary budget authority in the FY2024 legislative branch budget request. The budget amendment would address the
Senate (two language requests, one increase in a request, and two decreases to requests; total requested level decreased by
$17.7 million), joint items (a decrease of $215,000 in the request for the Joint Economic Committee), and the Congressional
Office for International Leadership (an increase of $1.2 million in the request). The revised request of $7.134 billion
represents an increase of 3.4% from the FY2023 enacted level.
On May 17, 2023, the House Appropriations Committee, Subcommittee on the Legislative Branch held a markup of the
FY2024 bill and ordered it reported by voice vote.
On June 21, 2023, the full House Appropriations Committee marked up the bill and ordered it reported by roll call vote (Roll
Call #5, 33-24) (H.R. 4364, H.Rept. 118-120). It would provide $5.301 billion, not including Senate items, a $261.2 million
decrease (-4.7%) from the comparable FY2023 enacted level. A number of amendments were considered during the markup:
a manager’s amendment adopted by voice vote; two amendments adopted by roll call vote; and two amendments not adopted
by roll call vote.
The Senate Appropriations Committee approved its initial 302(b) suballocations on June 22, 2023, by recorded vote (15-13,
S.Rept. 118-45). The plan would include $6.761 billion in discretionary budget authority for the legislative branch
(approximately 0.4% of total discretionary budget authority).
On July 13, 2023, the Senate Appropriations Committee held a markup of the FY2024 legislative branch appropriations bill.
The bill was ordered reported by a vote of 29-0 (S. 2302, S.Rept. 118-60). The bill, as amended, would provide $4.741
billion (not including House items), a $196.2 million decrease (-4.0%) from the comparable FY2023 enacted level.
A continuing appropriations resolution extending funding through November 17, 2023, was enacted on September 30, 2023
(P.L. 118-15). Legislative branch funding was further extended through February 2, 2024 (P.L. 118-22), March 8 (P.L. 118-
35), and March 22 (P.L. 118-40).
The House Rules Committee met to discuss a rule for consideration of H.R. 4364 on October 2, 2023. The House adopted the
special rule (H.Res. 756, H.Rept. 118-242) on October 3. H.R. 4364 passed the House (214-197) on November 1.
Previously, Division I of the FY2023 Consolidated Appropriations Act (P.L. 117-328), enacted on December 29, 2022,
provided $6.899 billion for legislative branch activities (an increase of $975.2 million, or +16.5%, from the FY2022 enacted
level).
For information on FY2023 funding, see CRS Report R47296, Legislative Branch: FY2023 Appropriations.
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Contents
Frequently Asked Questions ............................................................................................................ 1
In addition to the Senate and House of Representatives, what is funded by the
legislative branch appropriations bill? ............................................................................. 1
Why is the legislative branch budget request included in the President’s budget
request? Does the President play any role in its development? ....................................... 1
What percentage of discretionary budget authority historically goes to the
legislative branch? ........................................................................................................... 2
What percentage of total budget authority (mandatory and discretionary)
historically goes to the legislative branch? ...................................................................... 2
How is funding divided across the legislative branch? ....................................................... 2
Why do the initial committee-reported versions of the annual bill not fund the
other chamber? ................................................................................................................. 3
How has funding for the legislative branch changed in recent years in current and
constant (inflation-adjusted) dollars? ............................................................................... 4
What funding has been provided in recent years for the Senate, House of
Representatives, and legislative branch agencies? ........................................................... 4
Are Member salaries funded or adjusted in the legislative branch appropriations
bill? .................................................................................................................................. 8
Figures
Figure 1. Distribution of Legislative Branch Funding: FY2022 and FY2023 ................................ 3
Tables
Table 1. Legislative Branch Funding, FY2008-FY2023: Current and Constant Dollars ................ 5
Table 2. Legislative Branch Appropriations: Prior Enacted, FY2024 Requested, House-
Passed, and Senate-Reported Levels ............................................................................................ 6
Contacts
Author Information .......................................................................................................................... 9
Congressional Research Service
Legislative Branch Appropriations: Frequently Asked Questions
Frequently Asked Questions
In addition to the Senate and House of Representatives, what is funded by the
legislative branch appropriations bill?
In addition to the Senate and House of Representatives, the legislative branch bill typically funds
Joint Items, including the Joint Economic Committee, Joint Committee on Taxation, Office of the
Attending Physician, Office of Congressional Accessibility Services, and in some years, the Joint
Congressional Committee on Inaugural Ceremonies; Capitol Police; Office of Congressional
Workplace Rights (OCWR, formerly the Office of Compliance); Congressional Budget Office
(CBO); Architect of the Capitol (AOC); Library of Congress (LOC), including the Congressional
Research Service (CRS); Government Publishing Office (GPO); Government Accountability
Office (GAO); and the Congressional Office for International Leadership (formerly the Open
World Leadership Center, renamed in the FY2022 Consolidated Appropriations Act).
Why is the legislative branch budget request included in the President’s
budget request? Does the President play any role in its development?
The President has no formal role in the development of the legislative branch budget request,
even though it is included in the President’s annual budget request documents.
By long-standing law and practice, the legislative branch request and any supplemental requests
are submitted to the President and included in the budget without change.1 While the executive
branch budget submissions generally involve interaction between an agency and the Office of
Management and Budget (OMB), the legislative branch requests do not. The executive branch
does not review or maintain documentation in support of the legislative branch requests.2
1 Pursuant to 31 U.S.C. §1105, “Estimated expenditures and proposed appropriations for the legislative branch and the
judicial branch to be included in each budget ... shall be submitted to the President ... and included in the budget by the
President without change.” Division C of the FY2012 Consolidated Appropriations Act (P.L. 112-74) added language
to 31 U.S.C. §1107 relating to budget amendments, stating: “The President shall transmit promptly to Congress without
change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and
the judicial branch.”
2 OMB Circular A-11, Part 2, “Preparation and Submission of Budget Estimates,” Section 25, provides the following
information for agencies and entities, including the legislative branch, “not subject to Executive Branch review by law
or custom. That means that the requirements for submitting materials in support of your budget request do not apply to
you. However, you do need to submit the information required for inclusion in the budget database and documents,
which OMB incorporates without revision” (https://www.whitehouse.gov/omb/information-for-agencies/circulars/).
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What percentage of discretionary budget authority historically goes to the
legislative branch?
Discretionary budget authority is provided and controlled by the annual appropriations acts.
Since FY1976, the legislative branch as a proportion of total discretionary budget authority has
averaged approximately 0.40%.3 The maximum level, not including the transition quarter,4 was in
FY1995 (0.48%), and the minimum was in FY2020 (0.28%).
What percentage of total budget authority (mandatory and discretionary)
historically goes to the legislative branch?
Total budget authority includes both discretionary budget authority controlled by the annual
appropriations acts and mandatory budget authority controlled by previous laws, including
entitlements.
Since FY1976, the legislative branch as a proportion of total budget authority has averaged
0.16%. The maximum level, 0.23%, was in FY1977, and the minimum, 0.07%, was in FY2020.5
How is funding divided across the legislative branch?
Figure 1 shows the distribution of funding across the legislative branch in FY2022 and FY2023.
3 Calculations by CRS with data from Office of Management and Budget (OMB), “Table 5.4—Discretionary Budget
Authority By Agency: 1976-2028,” in Historical Tables, Budget of the United States Government, FY2024, at
https://www.whitehouse.gov/omb/historical-tables/. The calculations have some limitations, since the OMB data do not
completely align with items funded in the annual and supplemental legislative branch appropriations acts. The
differences may be partially traced to the definition of “legislative branch” in the OMB Public Budget Database user’s
guide. Some entities regularly included with the legislative branch in many OMB budget documents, like the U.S. Tax
Court and some Legislative Branch Boards and Commissions, are not funded through the annual legislative branch
appropriations acts. Consequently, an examination of the discretionary budget authority listed in the Historical Tables
reveals some differences with the reported total budget authority provided in the annual legislative branch
appropriations acts. The difference in legislative branch budget authority resulting from the different definitions of the
legislative branch in the OMB budget documents and in the appropriations acts, however, does not represent a
significant difference in the proportion of total discretionary budget authority.
4 “Prior to 1977, the fiscal year began on July 1 and ended on June 30 ... Fiscal year 1976 ended on June 30, 1976, and
fiscal year 1977 began on October 1, 1976. The period July 1, 1976, to September 30, 1976, is called the ‘transition
quarter’ or TQ.” (Office of Management and Budget, Budget Analysis Branch, Public Budget Database User’s Guide,
Budget of the United States Government, FY2022, May 2021, p. 2.)
5 FY2022 is the most recent year for which actual, rather than estimated, data are available. Calculations by CRS with
data from Office of Management and Budget (OMB), “Table 5.2—Budget Authority by Agency: 1976–2028,” in
Historical Tables, Budget of the United States Government, FY2024, at https://www.whitehouse.gov/omb/historical-
tables/. The calculations have some limitations, since, as stated above, the OMB data do not completely align with
items funded in the annual and supplemental legislative branch appropriations acts.
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Legislative Branch Appropriations: Frequently Asked Questions
Figure 1. Distribution of Legislative Branch Funding: FY2022 and FY2023
(Division I of P.L. 117-103 compared to Division I of P.L. 117-328)
Source: CRS analysis of legislative branch appropriations acts and related budget documents.
Note: This figure does not include permanent budget authorities, offsetting col ections, or authority to spend
receipts.
Why do the initial committee-reported versions of the annual bill not fund the
other chamber?
The House and Senate both consider funding levels for the legislative branch agencies and joint
entities. By long-standing tradition, however, the House bill does not propose funding levels for
Senate items, including the account that funds the Senate and the Senate office buildings account
within the Architect of the Capitol.6 Similarly, the Senate does not comment on House items,
including the account that funds the House and the House office buildings account within the
Architect of the Capitol. The House, Senate, and conference reports on legislative branch
appropriations bills regularly contain language illustrating the deference of each chamber to the
internal practices of the other.7 If comparing the House and Senate bill totals, or the total provided
6 The House and Senate office building accounts are 2 of the 10 accounts that fund operations of the Architect. The
other accounts fund capital construction and operations, Capitol building, Capitol grounds, Capitol Power Plant,
Library buildings and grounds, Capitol Police buildings and grounds, Capitol Visitor Center, and Botanic Garden.
7 For example, the FY1996 conference report (U.S. Congress, House Committee on Appropriations, FY1996
Legislative Branch Appropriations Bill, H.Rept. 104-212, report to accompany H.R. 1854, p. 9) states
Inasmuch as the amendment relates solely to the Senate and in accord with long practice under
which each body concurs without intervention, the managers on the part of the House, at the
request of the managers on the part of the Senate, have receded to the Senate amendment, as
amended.
Similarly, the FY2010 conference report (U.S. Congress, conference committee, FY2010 Legislative Branch
Appropriations Bill, H.Rept. 111-265, report to accompany H.R. 2918, p. 33) states
Inasmuch as these items relate solely to the House, and in accord with long practice under which
(continued...)
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to the Architect of the Capitol at different stages of consideration, adjustments may be necessary
to address any omissions due to this practice.
How has funding for the legislative branch changed in recent years in current
and constant (inflation-adjusted) dollars?
Table 1 provides information on the enacted funding levels provided for the legislative branch
from FY2008 to FY2023.
What funding has been provided in recent years for the Senate, House of
Representatives, and legislative branch agencies?
Table 2 provides information on funding levels for the Senate, House of Representatives, and
legislative branch agencies in recent years as well as the requested, House-passed (H.R. 4364),
and Senate-reported (S. 2302) levels for FY2024.
By law, the President includes the legislative branch request in the annual budget submission
without change.
each body determines its own housekeeping requirements and the other concurs without
intervention, the managers on the part of the Senate, at the request of the managers on the part of
the House, have receded to the amendment of the House as amended.
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Table 1. Legislative Branch Funding, FY2008-FY2023: Current and Constant Dollars
(in billions of dollars)
Fiscal
Year
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
Current
3.970
4.501a
4.669b
4.543c
4.307
4.061d
4.259
4.300
4.363
4.440
4.700e
4.846f
5.049g
5.304h
5.924
6.899i
Dol ars
Constant
5.458
6.196
6.314
6.009
5.581
5.179
5.348
5.371
5.413
5.413
5.606
5.682
5.806
5.932
6.252
6.899
Dol ars
Source: CRS analysis of legislative branch appropriations acts and related budget documents.
Notes: These figures exclude permanent budget authorities, including funding for Member pay, that are not included in the annual legislative branch appropriations bil .
Constant 2023 dol ars calculated using the “Total Non-Defense” deflator in Table 10.1—Gross Domestic Product and Deflators Used in the Historical Tables: 1940–2028 in
the President’s FY2024 budget request. See notes below or related CRS reports for additional information on specific years.
a. This number contains appropriations provided by P.L. 111-8 (the FY2009 Omnibus Appropriations Act), $25.0 mil ion for the Government Accountability Office
provided by P.L. 111-5 (the American Recovery and Reinvestment Act of 2009), and $73.6 mil ion provided by P.L. 111-32 (the Supplemental Appropriations Act,
2009) for the U.S. Capitol Police and the Congressional Budget Office.
b. This number contains appropriations provided by P.L. 111-68 (the FY2010 Legislative Branch Appropriations Act), and $12.96 mil ion in supplemental appropriations
provided for the U.S. Capitol Police in P.L. 111-212 (the Supplemental Appropriations Act, 2010).
c. This number does not include scorekeeping adjustment.
d. FY2013 level obtained from the CBO cost estimate for “Continuing Appropriations Resolution, 2014 (H.J.Res. 59), Including the Amendment Reported by the
House Committee on Rules on September 18, 2013 (H.Res. 352) Discretionary spending (in mil ions of dol ars),” which lists a total for legislative branch budget
authority of $4.061 bil ion, noting that it “includes effects of the 2013 sequestration.” This bil contained a small anomaly for the legislative branch.
e. Does not include $14.0 mil ion provided to the Government Accountability Office “for audits and investigations relating to Hurricanes Harvey, Irma, and Maria and
the 2017 wildfires” (P.L. 115-123, Title IX of Division B, enacted February 9, 2018).
f.
The total includes $10.0 mil ion in FY2019 supplemental appropriations for GAO for audits and investigations related to storms and disasters (P.L. 116-20, enacted
June 6, 2019).
g. The total does not include $93.1 mil ion in FY2020 supplemental appropriations, including $10.0 mil ion for the Senate, $25.0 mil ion for the House of
Representatives, $400,000 for the Office of the Attending Physician, $12.0 mil ion for the Capitol Police, $25.0 mil ion for the Architect of the Capitol, $700,000 for
the Library of Congress, and $20.0 mil ion for the Government Accountability Office (CARES Act, P.L. 116-136, enacted March 27, 2020).
h. The total does not include funding provided in the Emergency Security Supplemental Appropriations Act, 2021 (P.L. 117-31, July 30, 2021), which provided $448.6
mil ion.
i.
The total does not include $7.5 mil ion in supplemental appropriations provided for GAO in P.L. 117-328.
CRS-5
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Table 2. Legislative Branch Appropriations: Prior Enacted, FY2024 Requested, House-Passed, and Senate-Reported Levels
(in thousands of dollars)
FY2024
FY2024
FY2015
FY2016
FY2017
FY2018
FY2019
FY2020
FY2021
FY2022
FY2023
FY2024
House-
Senate-
Entity
Enacted
Enacted
Enacted
Enacteda
Enactedb
Enactedc
Enactedd
Enacted
Enacted
Requeste
passed
reported
Senate
$864,286
$870,159
$871,177
$919,932
$934,667e
$969,396
$998,560
$1,094,894
$1,150,349 $1,257,494
—
$1,238,495
House
1,180,735
1,180,909
1,189,223
1,200,173
1,232,663e
1,365,725
1,476,607
1,715,170
1,847,745
1,902,831
1,850,998
—
Joint Itemsf
19,056
20,732
19,565
20,654
20,656
22,643
21,513
22,337
23,114
30,148
23,378
29,849
USCP
347,959
375,000
393,300
426,500
456,308
464,341
515,541
602,509
734,576
840,942
780,916
792,473
OCWRg
3,959
3,959
3,959
4,959
6,333
6,333
7,500
7,500
8,000
8,550
8,000
8,300
CBO
45,700
46,500
46,500
49,945
50,737
54,941
57,292
60,953
63,237
70,775
64,637
70,125
AOC
600,261
612,904
617,887
712,105
733,745
695,933
675,073
773,898
1,315,002
1,128,086
787,103
797,699
LOC
590,921
599,912
631,958
669,890
696,112
725,359
757,346
794,019
828,548
895,204
843,747
855,848
(w/CRS)
CRS (non-
106,945
106,945
107,945
119,279
125,688
120,495h
125,495
129,106
133,600
146,574
135,797
136,080
add)
GPO
119,993
117,068
117,068
117,068
117,000
117,000
117,000
124,237
129,854
132,488
129,854
131,566
GAO
522,000
531,000
544,506
578,917a
589,750b
630,000
661,139
719,230
790,319
859,653
806,004
813,968
COILi
5,700
5,600
5,600
5,600
5,600
5,900
6,000
6,000
6,000
7,200
6,000
6,000
Stennis
430
430
430
430
430
430
430
430
430
430
430
430
Admin.
-1,000
-1,000
-1,000
-2,000
-2,000
-2,000
-2,000
-2,000
-3,000
—
—
—
Prov.
Otherj
0
0
0
-4,000
-6,000
-7,000
7,000
5,000
5,000
—
—
-4,000
Total Leg.
$4,300,000
$4,363,172 $4,440,173 $4,700,173a $4,836,001b $5,049,000c $5,304,213d
$5,924,177
$6,899,174k
$7,133,801e
$5,301,067
$4,740,753
Branch
Sources: P.L. 113-76, P.L. 113-235, P.L. 114-113, P.L. 115-31, P.L. 115-141, P.L. 115-244, P.L. 116-94, P.L. 116-260, P.L. 117-103, P.L. 117-328, explanatory materials for
FY2014, FY2015, FY2016, FY2017, FY2018, FY2020, FY2021, FY2022, and FY2023 inserted into the Congressional Record, H.Rept. 115-929, the Budget for Fiscal Year 2024,
H.R. 4364, H.Rept. 118-120, S. 2302, S.Rept. 118-60, and CRS calculations. See notes below or related CRS reports for additional information on specific years.
CRS-6
a. Does not include emergency appropriation provided by P.L. 115-123. Title IX of Division B provided $14.0 mil ion to GAO “for audits and investigations relating to
Hurricanes Harvey, Irma, and Maria and the 2017 wildfires.”
b. Does not include emergency appropriation provided by P.L. 116-20. Title IX provided $10.0 mil ion to GAO for audits and investigations related to storms and
disasters.
c. The table does not include emergency appropriations of $93.1 mil ion provided in P.L. 116-136 ($10.0 mil ion for the Senate, $25.0 mil ion for the House of
Representatives, $400,000 for the Office of the Attending Physician, $12.0 mil ion for the Capitol Police, $25.0 mil ion for the Architect of the Capitol, $700,000 for
the Library of Congress, and $20.0 mil ion for the Government Accountability Office).
d. The table does not include provisions in the Emergency Security Supplemental Appropriations Act, 2021 (P.L. 117-31, enacted on July 30, 2021) for the House of
Representatives, Senate, Capitol Police, or Architect of the Capitol, or emergency appropriations included in P.L. 116-260. Total includes a rescission of $5.212
mil ion.
e. The FY2024 requested levels include a budget amendment submitted on May 9, 2023, which would decrease the total legislative branch request by $17 mil ion. The
budget amendments would address the Senate (largely decreases and language requests), joint items (a decrease of $215,000 in the request for the Joint Economic
Committee), and the Congressional Office for International Leadership (an increase of $1.2 mil ion in the request). See President Joseph R. Biden, “Letter to the
Speaker of the House of Representatives on Fiscal Year 2024 Budget Amendments,” May 9, 2023, https://www.whitehouse.gov/wp-
content/uploads/2023/05/FY_2024_Budget_Amendment_Corrections_5-9-23.pdf. Total does not include gratuity payments for survivors of deceased Members of
Congress.
f.
“Joint Items” generally contains funding for the Joint Economic Committee, the Joint Committee on Taxation, the Office of the Attending Physician, and the Office
of Congressional Accessibility Services. In fiscal years prior to an inauguration, it also contains funding for the Joint Congressional Committee on Inaugural
Ceremonies (e.g., $1.25 mil ion for FY2016; $1.5 mil ion for FY2020).
g. Formerly known as the Office of Compliance, the Office of Congressional Workplace Rights (OCWR) was renamed by the Congressional Accountability Act of
1995 Reform Act (P.L. 115-397).
h. The House Appropriations Committee report (H.Rept. 116-64) describes “Appropriations Shifts to Reflect Centralized Funding for Information Technology” that
affected the four LOC appropriations headings. The report states that the House-reported FY2020 level represents an increase of $2.99 mil ion for CRS when
reflecting the centralized IT funding.
i.
The FY2022 appropriations act contained a provision changing the name from the Open World Leadership Center to the Congressional Office for International
Leadership (COIL).
j.
Includes, for example, scorekeeping adjustments or prior-year outlays.
k. Gratuity payments to heirs of deceased Members of the House were provided in P.L. 117-103, P.L. 117-128, P.L. 117-180, and P.L. 117-229. Does not include $7.5
mil ion in supplemental funding provided to GAO (P.L. 117-328).
CRS-7
Legislative Branch Appropriations: Frequently Asked Questions
Are Member salaries funded or adjusted in the legislative branch
appropriations bill?
No, salaries for Members of Congress are neither funded nor increased in the legislative branch
bill.
Member salaries have been included as mandatory spending since FY1983, and the amount of
potential Member pay adjustments is calculated pursuant to the Ethics Reform Act of 1989, which
established a formula based on changes in the Employment Cost Index (ECI).8 The adjustment
automatically takes effect unless (1) Congress statutorily prohibits the adjustment; (2) Congress
statutorily revises the adjustment; or (3) the annual base pay adjustment of General Schedule
(GS) federal employees is established at a rate less than the scheduled increase for Members, in
which case the percentage adjustment for Member pay is automatically lowered to match the
percentage adjustment in GS base pay.
Members of Congress last received a pay adjustment in January 2009. Since then, the
compensation for most Senators, Representatives, Delegates, and the Resident Commissioner
from Puerto Rico has been $174,000.
Section 6 of P.L. 117-328 prohibited a cost of living adjustment for Members of Congress for
2023.
On September 30, 2023, a continuing appropriations resolution (CR) providing funding for
legislative branch activities through November 17, 2023, was enacted (P.L. 118-15). This CR also
extended Section 6 of P.L. 117-328, prohibiting a pay adjustment for Members of Congress.
Subsequent FY2024 CRs extended this prohibition.
The maximum potential 2024 member pay adjustment, based on the ECI, is 4.6%, or $8,000.9
S. 2302, as reported, includes a provision (Section 211 of the general provisions) to freeze
Member pay for FY2024.
H.R. 4364, as reported by the House Appropriations Committee, did not include a provision
freezing Member pay, but such a provision was added pursuant to a manager’s amendment, to be
considered as adopted, included in the rule for consideration of the bill. The rule, H.Res. 756
(H.Rept. 118-242), was agreed to in the House on October 3, 2023. H.R. 4364 was debated and
passed the House on November 1, 2023.
Although discussion of Member pay is often associated with appropriations bills, these bills do
not contain language funding or increasing Member pay, and a prohibition on the automatic
annual Member pay adjustments could be included in any bill, or be introduced as a separate bill.
For a list of the laws that have previously contained provisions prohibiting the annual pay
adjustments, see “Table 3. Legislative Vehicles Used for Pay Prohibitions, Enacted Dates, and
Pay Language” in CRS Report 97-1011, Salaries of Members of Congress: Recent Actions and
8 For mandatory spending language, see P.L. 97-51, 95 Stat. 966, September 11, 1981; and, for example, “Table 26-1.
Federal Budget By Agency and Account” in Analytical Perspectives, Budget of the United States Government,
FY2023, pp. 2, 3. For the Ethics Reform Act, see P.L. 101-194, 103 Stat. 1767-1768, November 30, 1989.
9 The potential Member pay adjustment was determined by a formula using the Employment Cost Index (private
industry wages and salaries, not seasonally adjusted), based on the 12-month percentage change reported for the quarter
ending December 31, minus 0.5%. The 4.6% potential adjustment was determined by taking the percentage increase in
the index between the quarters ending December 2021 and December 2022, which was 5.1%, and subtracting 0.5%.
U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index—December 2022, January 31, 2023, p.
15. Pursuant to 2 U.S.C. §4501(2)(A), this amount is “rounded to the nearest multiple of $100.”
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Legislative Branch Appropriations: Frequently Asked Questions
Historical Tables, by Ida A. Brudnick. In contrast, the salaries and benefits for legislative branch
employees are provided by the legislative branch appropriations acts, although they generally do
not address pay adjustments.10
Author Information
Ida A. Brudnick
Specialist on the Congress
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.
10 Rather, adjustments may be determined by employing authorities (in the case of House and Senate employees) or
broader or agency-specific pay systems. For example, see the Orders of the Speaker of the House of Representatives
(issued pursuant to 2 U.S.C. §4532 note); Orders of the President pro Tempore (issued pursuant to 2 U.S.C. §4571);
and laws governing employment for individual agencies, positions, or pay systems.
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