RL31012 -- Appropriations for FY2002: Legislative Branch

CONTENTS

• Summary
• Most Recent Developments
• Introduction
• Status
• Actions on the FY2002 Legislative Branch Appropriations Bill (H.R. 2647; S. 1172; P.L. 107-68)
• Submission of FY2002 Budget Request
• Passage of the Senate Version of the FY2002 Bill (S. 1172)
• Passage of the House Version of the FY2002 Bill (H.R. 2647)
• Actions on FY2001 Supplemental Legislative Branch Appropriations Bill (H.R. 2216; S. 1077; P.L. 107-20)
• Conference Version of the FY2001 Supplemental (H.R. 2216)
• House Version of the FY2001 Supplemental (H.R. 2216)
• Senate Version of the FY2001 Supplemental (S. 1077)
• Actions on the FY2001 Terrorism Emergency Supplemental (H.R. 2888; P.L. 107-38)
• Elements That Congress Considered During Discussions on the FY2002 Bill
• Capitol Complex Security
• Special Task Force/House Working Group
• Funding for the Capitol Police Board
• FY2001 Terrorism Emergency Supplemental (P.L. 107-38)
• Capitol Visitors' Center
• Information Security
• Security of Legislative Information
• House and Senate Committee Funding
• House Committee Funding
• Senate Committee Funding
• Architect of the Capitol Operations
• Architect of the Capitol Appropriation for FY2002
• Botanic Garden
• Support Agency Funding
• Congressional Budget Office Budget
• General Accounting Office Budget
• Library of Congress Budget
• Library of Congress, Except CRS (in Title II)
• Congressional Research Service (in Title I)
• Government Printing Office (GPO) Budget
• For Additional Reading
• CRS Reports
• Selected World Wide Web Sites
• Footnotes

<font size="+1">List of Tables</font>

• Table 1. Status of Legislative Branch Appropriations, FY2002 (P.L. 107-68; H.R. 2647; S. 1172)
• Table 2. Legislative Branch Appropriations, FY1995 to FY2001
• Table 3. Legislative Branch Appropriations, FY2002 (H.R. 2647; S. 1172; P.L. 107-68; P.L. 107-117)
• Table 4. Senate Items, FY2002 (S. 1172, Incorporated in H.R. 2647; P.L. 107-68; P.L. 107-117)
• Table 5. House of Representatives Items, FY2002 (H.R. 2647; P.L. 107-68; P.L. 107-117)
• Table 6. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-FY2001
• Table 7. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-FY2001

Summary

Conferees on the FY2002 legislative branch appropriations bill agreed to $2.97 billion for legislative branch operations, an 8.9% increase over the FY2001 funding level of $2.73 billion (P.L. 107-68). Total FY2002 funding made available for the legislative branch is $3.23 billion, when including emergency response funds transferred pursuant to P.L. 107-117, the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9).

P.L. 107-68 contains funds for 79 new Capitol Police positions, funds for Capitol Police training programs, language providing comparability in the pay of the Capitol Police with the Uniformed Division of the Secret Service and the Park Police, an 18.1% increase in the police budget, an additional $70 million for construction of the Capitol visitors' center, and several measures to recruit and retain employees of the Senate and the congressional support agencies.

In July, 2001, Congress also agreed to a $79.5 million FY2001 legislative branch supplemental appropriation (P.L. 107-20), containing $61.7 million for House internal operations, $1 million for the Capitol Police, and $15.9 million for the Government Printing Office.

The terrorists' attacks of September 11, 2001, prompted moves toward an even more stringent security environment on Capitol Hill, which affected the legislative branch budget. On September 21, September 28, and December 3, the President released $376.9 million for Capitol Hill security measures. These funds were part of a $40 billion FY2001 terrorism emergency supplemental bill approved by Congress on September 14, and signed into P.L. 107-38 on September 18. The President proposed, and Congress approved, an additional allocation for Capitol complex security of $265.1 million, which, unlike the other allocations for security, required approval by Congress. The $265.1 million supplemental was contained in P.L. 107-117, the FY2002 Department of Defense Appropriations Act, signed by the President on January 10, 2002.

Among elements considered by Congress were proposals to:

• merge the Capitol Hill, Library of Congress, and Government Printing Office police into a consolidated force; Senate report language directed the General Accounting Office to study the issue;

• authorize and fund programs to enhance staff retention and recruitment, such as repayment of student loans, and implementation of performance-based recognition and compensation proposals; P.L. 107-68 contains language authorizing student loan repayments for employees of the Senate and Congressional Budget Office; and

• approve $42.5 million for repair of the Capitol dome; P.L. 107-68 contains $1.6 million for painting.

Division abbreviations: GOV/FIN = Government and Finance

Most Recent Developments

Conferees on the FY2002 legislative branch appropriations bill agreed to $2.97 billion for legislative branch operations, an 8.9% increase over the FY2001 funding level of $2.73 billion (P.L. 107-68). Total FY2002 funding made available for the legislative branch is $3.23 billion, when including emergency response funds transferred pursuant to P.L. 107-117, the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9).

P.L. 107-68 contains funds for 79 new Capitol Police positions, funds for Capitol Police training programs, language providing comparability in the pay of the Capitol Police with the Uniformed Division of the Secret Service and the Park Police, an 18.1% increase in the police budget, an additional $70 million for construction of the Capitol visitors' center, and several measures to recruit and retain employees of the Senate and the congressional support agencies.

The Senate version, S. 1172, passed on July 19, contained $1.9 billion for legislative activities.(1) This was a 5.6% ($103.1 million) increase over FY2001's funding level of $1.8 billion and 5.0% ($103.9 million) below the request considered by the Senate of $2.1 billion (S.Rept. 107-37).(2) On July 31, the Senate took up H.R. 2647 and amended it to contain the language of S. 1172, as passed on July 19.(3)

The House version, H.R. 2647, passed on July 31, contained $2.2 billion,(4) a 4.4% ($95 million) increase, from $2.144 billion in FY2001 to $2.239 billion in FY2002.(5) The FY2002 appropriation was a 2.5% decrease from the budget request considered by the House of $2.296 billion (H.Rept. 107-169).

The terrorists' attacks of September 11, 2001, prompted moves toward an even more stringent security environment on Capitol Hill. On September 18, President Bush signed a $40 billion FY2001 terrorist supplemental appropriations bill (H.R. 2888) into P.L. 107-38. Pursuant to P.L. 107-38, the President has released $376.9 million in terrorist emergency funds for increased security at the Capitol. The President requested the release of an additional allocation for legislative branch security of $265.1 million, which unlike the other allocations for security, required congressional approval. Congress approved the funds, as requested, as part of the FY2002 defense department appropriations bill, which was signed into P.L. 107-117 on January 10, 2002.

Introduction

Effective in FY1978, the legislative branch appropriations bill was divided into two titles. Title I, Congressional Operations, contains budget authorities for activities directly serving Congress. Included in this title are the budgets of the House, the Senate, Joint Items (joint House and Senate activities), the Office of Compliance, the Congressional Budget Office (CBO), the Architect of the Capitol (AOC) (except the Library of Congress (LOC) buildings and grounds), the Congressional Research Service (CRS) within the Library of Congress, and congressional printing and binding activities of the Government Printing Office (GPO).

Title II, Related Agencies, contains budgets for activities not directly supporting Congress. Included in this title are the budgets of the Botanic Garden, the Library of Congress (except the Congressional Research Service), the Library buildings and grounds maintained by the Architect of the Capitol, the Government Printing Office (except congressional printing and binding costs), and the General Accounting Office (GAO). Periodically since FY1978, the legislative bill has contained additional titles for such purposes as capital improvements and special one-time functions.

As Figure 1 illustrates, in FY2001, Title I budget authority was 68% of the total appropriation of $2.730 billion, including a rescission and supplementals. Title II budget authority was 32% of the total appropriation. In addition, there was legislative budget authority that was not included in the annual legislative branch appropriations act or supplemental appropriations acts. It included permanent budget authority for both federal funds and trust funds, and other budget authority.(6)

Figure 1. Title I and Title II of the FY2001 Legislative Branch Appropriations Act (Including P.L. 106-554, a 0.22% Rescission, and Supplementals)

Permanent federal funds are available as the result of previously enacted legislation and do not require annual action.(7)

Permanent trust funds are monies held in accounts credited with collections from specific sources earmarked by law for a defined purpose. Trust funds do not appear in the annual legislative bill since they are not budget authority. They are included in the U.S. Budget either as budget receipts or offsetting collections.(8)

The Budget also contains non-legislative entities within the legislative branch budget. They are funded in other appropriation bills, but are placed in the legislative section by the Office of Management and Budget for bookkeeping purposes.(9)

Status

Table 1. Status of Legislative Branch Appropriations, FY2002 (P.L. 107-68; H.R. 2647; S. 1172)

a. Mark up was held by the full Senate Committee on Appropriations.

b. Subsequently, on July 31, the Senate too up the companion measure (H.R. 2647), which it had received from the House, and amended it to incorporate the provisions of the Senate measure (S. 1172).

Actions on the FY2002 Legislative Branch Appropriations Bill (H.R. 2647; S. 1172; P.L. 107-68)

Submission of FY2002 Budget Request. On April 9, 2001, the President submitted the FY2002 U.S. Budget which contained a request prepared by legislative branch entities of $2.954 billion(10) for activities funded in the annual legislative branch appropriations bill. The requests of some entities were revised, increasing the total legislative branch request to $2.977 billion.(11) The revised budget request represents an increase of $247 million (9.1%) over the FY2001 appropriation of $2.730 billion.(12)

Passage of the Senate Version of the FY2002 Bill (S. 1172). On July 19, the Senate approved S. 1172, which contains $1.9 billion for legislative activities, except those of the House. The appropriation is $103.9 million (5.0%) below the request of $2.1 billion, excluding House funds, and $103.1 million (5.6%) more than the FY2001 appropriation of $1.8 billion, excluding House funds. Subsequently, on July 31, the Senate took up the companion measure (H.R. 2647), which it had received from the House earlier in the day, and amended it to incorporate the provisions of S. 1172.

Earlier, on July 12, the Senate Committee on Appropriations marked up and reported S. 1172 (S.Rept. 107-37). Two amendments were agreed to during markup. The first contained $1 million for the Capitol Visitors' Center, and the second, $5.2 million for the General Accounting Office (GAO) to implement the Truth in Regulating Act of 2000. There is language within the Capitol Police account directing GAO to study the feasibility of consolidating "all Capitol Hill police forces," and to report its findings no later than six months after enactment of the FY2002 legislative branch appropriations bill.

Among other elements, S. 1172 contained $1 million for the Capitol Visitors' Center, defers funds for continuation of rehabilitation of the Capitol Dome, addresses management concerns in the operations of the Architect of the Capitol, and authorizes student loan repayments in certain legislative entities.

Passage of the House Version of the FY2002 Bill (H.R. 2647). On July 31, the House passed H.R. 2647 containing $2.2 billion, excluding funds for Senate activities. This represents a 4.4% ($95 million) increase over FY2001, to $2.239 billion in FY2002 from $2.142 billion in FY2001.(13) The FY2002 figure is a 2.5% decrease from the $2.296 billion budget request considered by the Committee.

According to a press release issued by the House Appropriations Committee on July 20, the bill funded a 4.6% cost of living pay increase for House staff, a two-thirds and one-third staff ratio for House committees, a staff transit subsidy program, and demolition of the House O'Neill office building; and it contained language directing the chief administrative officer (CAO) of the House to study alternatives for a self-sustaining staff fitness center. The bill did not contain funds for the Capitol Visitors' Center. H.R. 2647 was reported on July 26 (H.Rept. 107-169).

Actions on FY2001 Supplemental Legislative Branch Appropriations Bill (H.R. 2216; S. 1077; P.L. 107-20)

Conference Version of the FY2001 Supplemental (H.R. 2216). On July 20, 2001, both houses agreed to the conference report on H.R. 2216, containing a $79.5 million FY2001 legislative branch supplemental appropriation (P.L. 107-20, signed July 24). Most of the funds ($61.7 million) were available for internal operations of the House, including $44.2 million for Members' representational allowances, committees, and allowances and expenses, and $17.5 million for officers and employees. Of this amount, $20.7 million was available for Members' representational allowances to enable Members to meet the expenses of increases in Members' office allowances and office staff salaries that were authorized earlier in 2001.(14)

The supplemental also contained $1 million for the Capitol Police, $35,000 for the Office of Compliance, $15.9 million for the Government Printing Office, and $600,000 for the Library of Congress, and $290,000 for Representatives' death gratuities.

House Version of the FY2001 Supplemental (H.R. 2216). On June 20, the House passed H.R. 2216 containing $80.5 million, with $61.7 million available for internal House operations. The $61.7 million was made available for the House account, "salaries and expenses," to be divided as follows:

• $44.2 million for three appropriations headings, "Members' representational allowances, including Members' clerk hire, official expenses of Members, and official mail," "committee employees," and "allowances and expenses;" and

• $17.5 million for the heading "salaries, officers and employees," including $3.2 million for the Office of the Clerk and $14.3 million for the Office of the Chief Administrative Officer (CAO). Funds for the Office of the Clerk included $2.5 million to continue replacement of the Legislative Information Managements Systems (LIMS) and $650,000 for the Office of the House Employment Counsel. Funds for the CAO were to be made available for "upgrades to hardware and infrastructure for improved and higher speed network connectivity between Member Washington and district offices and within the House campus." (15)

In addition, the House version of H.R. 2216 contained the following funds:

• $35,000 for the Office of Compliance "for unexpected requests for counseling and mediation services;"(16)

• $9.9 million for the "congressional printing and binding" account of the Government Printing Office (GPO) "to fund a shortfall based on the increased volume of printing of publications and associated information products and services ordered by Congress during fiscal years 2000 and 2001;"(17)

• $6.0 million for the "Government Printing Office revolving fund" for improvements in the agency's lighting and air conditioning systems, including the replacement of chillers;

• $290,000 for a death gratuity to the widows of late representatives; and

• $600,000 to the Library of Congress for a telecommunications project.

Senate Version of the FY2001 Supplemental (S. 1077). On July 10, the Senate passed its version of the FY2001 supplemental appropriations bill, S. 1077, containing $15.9 million to be made available as follows:

• $35,000 for the Office of Compliance; and

• $15.9 million for the Government Printing Office (GPO), the same as passed by the House, with $9.9 million for the "congressional printing and binding account" and $6 million for the GPO revolving fund.

In addition, the Committee's report on S. 1077 contained language that:(18)

• deferred without prejudice the House request of $61.7 million for its internal operations;

• directed the General Accounting Office (GAO) to undertake a "general management review" of the operations of the Architect of the Capitol (AOC) that "would be helpful in evaluating and determining appropriate levels of compensation for AOC management."(19) The review is to include (1) "an overall assessment of the agency's organizational structure, strategic planning, skills, staffing, systems, accountability reporting, and execution of its statutory and assigned responsibilities," and (2) "recommendations for enhancing the overall effectiveness and efficiency of AOC operations along with recommendations as to how to implement such improvements...no later than April 2002";

• explained that the Committee did not provide funds to the General Accounting Office (GAO) to carry out its responsibilities under the Truth in Lending Act of 2000, stating that implementation was not "an urgent need at this time;"(20)

• authorized a consultant for the President pro tempore emeritus; and

• amended the Abraham Lincoln Bicentennial Commission Act to transfer administrative support responsibilities from the General Services Administration to the Library of Congress.

Actions on the FY2001 Terrorism Emergency Supplemental (H.R. 2888; P.L. 107-38)

On September 14, 2001, both Houses passed a FY2001 terrorism emergency supplemental appropriations bill, H.R. 2888, containing $40 billion. H.R. 2888 was signed into P.L. 107-38 on September 18. The Act provided that $20 billion be made available for release by the President without further congressional action, and $20 billion be available for the President to use upon congressional approval.(21)

Of the $20 billion not requiring congressional approval, the President released $376.9 million for legislative branch security, as follows:

• On September 21, the President released $3.25 million of those funds for "increased security measures, including overtime compensation for the U.S. Capitol Police and the installation of protective window film for the U.S. Capitol."(22)

• On September 28, the President released an additional $83.20 million for the legislative branch to "support increased security measures, including paying overtime compensation for the Capitol Police, preparing for future terrorist events, and performing actions that can be taken to reduce the risk and potential damage to life and property caused by future terrorist events."(23)

• On December 3, the President released an additional $290.4 million to "support increased security measures, including constructing the Capitol Visitors Center, paying overtime compensation for the Capitol Police, preparing for future terrorists events, and performing actions that can be taken to reduce the risk and potential damage to life and property caused by future terrorist events.(24)

Of the $20 billion requiring congressional approval, the President requested the obligation of $256.1 million on October 17 for security enhancements to the Capitol Complex, the Government Printing Office, and the General Accounting Office, and for efforts to reduce damage to life and property by future terrorist attacks. His request also contained $10 million for additional security of the Supreme Court building.(25)

For more details, see the section in this report on Capitol Hill security.

Elements That Congress Considered During Discussions on the FY2002 Bill

Among elements that Congress considered during discussions on the FY2002 bill were proposals to:

• review public and private funds currently available for construction of the U.S. Capitol visitors' center and determine what additional funds are necessary to complete the project; S. 1172 contained $1 million for the center; the House bill did not contain funds; conferees approved $70 million;

• merge the Capitol Hill, Library of Congress, and Government Printing Office police into a consolidated force; Senate report language contained language directing the General Accounting Office to study the issue;

• authorize and fund programs to enhance staff retention and recruitment, such as repayment of student loans, and implementation of performance-based recognition and compensation proposals; P.L. 107-68 contains language authorizing student loan repayments for employees of the Senate and Congressional Budget Office; and

• approve $42.5 million for repair of the Capitol dome; P.L. 107-68 contains $1.6 million for painting.

Figure 2. Legislative Branch Appropriations, FY1995-FY2001

Figure 3. Legislative Branch Appropriations, FY1995-FY2001

Capitol Complex Security

In the aftermath of the first-ever evacuation of the Capitol and surrounding office buildings on September 11, the U.S. Capitol Police Board created a special task force to fully review Capitol Hill security. New evacuation procedures were also quickly established. Additional actions included the establishment of a terrorist and security "working group" in the House of Representatives, the release of $377.0 million in terrorist emergency funds for increased security at the Capitol, and the transfer of an additional $256.1 million to legislative branch agencies.

Special Task Force/House Working Group. Shortly after the terrorist attacks, a special task force composed of congressional leaders and officers, Members of the appropriations committees, and representatives of the Capitol Police, Department of Defense (DoD), and Federal Emergency Management Agency (FEMA) was created to develop plans for communications and security upgrades, and emergency evacuation arrangements for the Capitol complex, the Supreme Court, and the Library of Congress.(26) In addition, the Committee on House Administration created a working group that included House officers, the Architect of the Capitol, and representatives from the Committee on House Administration and the House Committee on Appropriations, Subcommittee on Legislative, to study Capitol Hill security and recommend upgrades.(27)

Funding for the Capitol Police Board. Conferees agreed to $126.2 million for the Capitol Police Board, an increase of 18.1% over $106.9 million appropriated for FY2001. The conference figure was agreed to in lieu of the Senate proposal of $125.3 million (an increase of $18.4 million, or 17.2%, over the FY2001 level of $106.9 million), and the House proposal of $123.7 million (an increase of $16.8 million, or 15.7%, over FY2001).

Funds for the Capitol Police Board are contained under two headings, "Capitol Police salaries," and "Capitol Police, general expenses." For Capitol Police salaries, conferees agreed to $113.0 million, compared with the Senate proposal of $112.9 million and the House proposal of $112.6 million. The FY2002 appropriations was divided between the House and Senate with $55.2 million provided to the Senate Sergeant at Arms and $57.8 million to the House Sergeant at Arms.

For Capitol Police general expenses, the conference figure was $13.2 million, compared with the Senate proposed $12.4 million and the House proposed $11.1 million. Conferees noted that the increase over the House figure allows:

• $65,000 for card readers; and

• $2 million for "the accelerated upgrade and installation of a new networked in-place monitoring system."

The general expenses appropriation also contained $1.5 million for the purchase of 40 vehicles for canine officers to transport police dogs, in order to bring the Capitol Police canine unit on an "operational-parity to other federal law enforcement agencies."

The conference also contained administrative provisions that:

• authorized the Capitol Police to purchase goods and services in emergency situations, with the requirement that they report such transactions, along with the reasons, to the House and Senate Committees on Appropriations;

• authorized the Capitol Police to accept donations of meals and refreshments in emergency situations;

• limited the pay for the chief administration office of the Capitol Police; and

• authorized the payment of certain expenditures made in connection with the September 11 terrorist acts, and subsequent threats.

The final bill also restored pay parity for the Capitol Police with the United States Park Police and the Uniformed Division of the Secret Service.

Conferees allowed for 79 new police positions, the number suggested by the Capitol Police as the maximum that could be recruited and trained during the fiscal year. The additional FTEs brought the total number of Capitol Police FTES to 1,481 in FY2002, as proposed by both the House and Senate. Based on a 1998 study of Capitol security, and a subsequent review of the study in 2000, the FTE goal was set at 1,694, the number considered necessary to place two officers at each access point in the Capitol and House and Senate office buildings, a key priority of the police force. The FY2002 request contained funds for an additional 49 FTEs to bring the total number of authorized FTEs to 1,530 in FY2002. During his testimony before the Senate Subcommittee on Legislative Branch earlier this year, the chief of the Capitol Police noted that this proposed increase followed a reduction in FY2001 of 30 FTEs, to 1,481 from 1,511.(28)

Subsequently, Congress authorized an additional 269 FTEs for FY2002, for a total FY2002 authorized FTE level of 1,750.(29) The authorization was contained in P.L. 107-117, the FY2002 Emergency Supplemental.(30)

The House bill and report on FY2002 legislative branch appropriations also provided funding for training, and increased the training per officer from 40 hours a year to 80 hours a year; purchase of a visual alarm monitoring system "with the capability to superimpose over realistic 3D and 2 D views;" and a pilot program for card access at certain House office building entrances ($130,000).

Senate language in the bill and report on FY2002 legislative branch appropriations also contained -- (1) $5 million for pay adjustments to provide for comparability in pay with that of employees of the U.S. Park Service and the Uniformed Secret Service; (2) funds for additional training of officers and civilian personnel, including overtime funding to allow officers to receive an additional 40 hours in-service training related to their specified duties;(31) (3) funds for recruitment of new officers; (4) funds for changes in the administration of the Capitol Police; and (5) language directing the General Accounting Office to study the feasibility of merging the police forces of the Library of Congress and the Government Printing Office with the Capitol Police force, with completion of the study within six months of enactment of the FY2002 legislative branch appropriations bill.

FY2001 Terrorism Emergency Supplemental (P.L. 107-38). On September 18, 2001, President Bush signed P.L. 107-38, which included $40 billion in FY2001 emergency supplemental appropriations approved by Congress in response to the terrorist attack of September 11. The Act provided that $20 billion be made available for release by the President without further congressional action, and $20 billion be available for the President to use upon congressional approval.(32)

Of the $20 billion not requiring congressional approval, the President released $376.9 million for legislative branch security. Four days after he signed P.L.107-38, the President released $3.25 million for "increased security measures, including overtime compensation for the U.S. Capitol Police and the installation of protective window film for the U.S. Capitol."(33)

On September 28, the President released an additional $83.20 million to "support increased security measures, including paying overtime compensation for the Capitol Police, preparing for future terrorist events, and performing actions that can be taken to reduce the risk and potential damage to life and property caused by future terrorist events" as follows:(34)

• Senate, $5,265,000;

• House of Representatives, $1,265,000;

• Office of Attending Physician, $1,500,000;

• Capitol Police, $40,300,000;

• Architect of the Capitol, $32,373,000; and

• Library of Congress, $2,500,000.

On December 3, the President released an additional $290.4 million to "support increased security measures, including constructing the Capitol Visitors Center, paying overtime compensation for the Capitol Police, preparing for future terrorists events, and performing actions that can be taken to reduce the risk and potential damage to life and property caused by future terrorist events" as follows:(35)

• Senate, $18,750,000;

• House of Representatives, $22,648,000;

• Capitol Police, $37,950,000; and

• Architect of the Capitol, $211,047,000.

Of the $20 billion requiring the approval of Congress, the President submitted a request on October 17 to obligate $256.1 million for security enhancements to the Capitol Complex, the Government Printing Office, and the General Accounting Office, and for efforts to reduce damage to life and property by future terrorist attacks. His request also contained $10 million for additional security of the Supreme Court building.(36)

Congress agreed to the President's request in December, 2001, as part of the FY2002 defense department appropriations bill, H.R. 3338, in Division B, chapter 9, titled, "Legislative Branch, Joint items, Legislative Branch Emergency Response Funds (Including Transfer of Funds)." The President signed H.R. 3338 into law on January 10, 2002 (P.L. 107-117). The Act authorized the transfer of $256.1 million "to ensure the continuance of government; to enhance the safety and security of legislative branch offices, systems and employees; and to meet the needs arising from the recent anthrax-related events." The Act authorized transfers as follows:(37)

• $34.5 million to the Senate;

• $41.7 million to the House;

• $350,000 to the Capitol Guide Service and Special Services Office;

• $31.0 million to the Capitol Police Board;

• $106.3 million to the Architect of the Capitol;

• $29.6 million to the Library of Congress;

• $4 million to the Government Printing Office;

• $7.6 million to the General Accounting Office; and

• $1.0 million as a grant to the United States Capitol Historical Society.

Additionally, conferees:

• directed that these funds could be obligated by any one of these entities only with prior approval of an obligation plan submitted by the entity to the House and Senate Committees on Appropriations ( House and Senate were excluded from this requirement);

• directed the General Accounting Office to review the plans of these entities to obligate funds, and report on these plans, and to submit quarterly reports on the status of expenditures to the House and Senate Committees on Appropriations;

• noted in their report that approximately $23 million was included in the $256.1 million for the House, the Senate, the United States Capitol Police, the Architect of the Capitol, the Library of Congress, and the General Accounting Office to meet costs incurred in responding to the threat of anthrax in the Capitol complex;(38)

• authorized an additional 195 FTEs for the Capitol Police force, increasing the total authorized officer FTE level to 1,454 for FY2002;

• authorized an additional 74 civilian FTEs, increasing the total authorized civilian FTE level to 296 for FY2002, with the purpose of establishing an Office of Emergency Management and a Chem-Bio Strike Team;

• noted that the transfer of $1 million to the United States Historical Society reflected conferees' concerns for the impact of the loss of tourism on activities and the financial situation of the Society since September 11, 2001, and directed that the Society "submit a detailed spending plan and a plan for future self-sufficiency" to the House and Senate Committees on Appropriations by February 15, 2002;

• approved language establishing the House of Representatives Office of Emergency Planning, Preparedness, and Operations to be responsible "for the mitigation and preparedness operations, crisis management and response, resource services, and recovery operations,"(39) with the director of the office to be supervised by the House of Representatives Continuity of Operations Board, composed of the clerk, the sergeant at arms, the chief administrative officer; and

• authorized the Capitol Police Board to establish a student loan repayment program to aid in recruitment and retention of officers and civilians, with a cap of $6,000 per calendar year, or a total of $40,000.

Among other legislative branch provisions contained in P.L. 107-117 are those:

• authorizing the Senate Sergeant at Arms to acquire buildings and facilities in order to respond to an emergency situation;

• authorizing the Senate Sergeant at Arms to enter into a memorandum of understanding with an executive agency in an emergency situation;

• authorizing the Chief Administrative Officer of the House to acquire buildings and facilities in response to emergency situations;

• authorizing the Chief Administrative Officer of the House to enter into a memorandum of understanding with an executive agency in an emergency situation;

• authorizing anthrax contaminated mail that was delivered to the House by the U.S. Postal Service to be destroyed, or otherwise disposed of;

• authorizing an increase in the salaries of the chief and assistant chief of the Capitol police;

• authorizing the Capitol police to accept contributions of incidental items and services in response to emergencies;

• authorizing the Capitol police to accept assistance in emergencies by executive agencies;

• authorizing the chief of police to deputize members of the D.C. National Guard and law enforcement personnel who have been duly sworn;

• authorizing the Capitol Police Board to permit the Capitol police chief to pay recruitment and relocation bonuses, retention allowances to officers and civilians, lump sum incentive and merit bonus payments, service step increases for meritorious service for officers, and additional compensation for field training officers; and

• authorizing the U.S. Capitol Preservation Commission to transfer funds from the Capitol Preservation Fund to the Architect of the Capitol for the Capitol visitors' center.

Additionally, P.L. 107-117 transferred $30 million to the U.S. Supreme Court for security enhancements of its building and grounds (Division B, chapter 1, of P.L. 107-117).

Earlier, on November 14, the House Appropriations Committee reported H.R. 3338, as part of Division B, (H.Rept. 107-298), authorizing the transfer of funds as follows:

• $34.5 million for the Senate Sergeant at Arms;

• $40.7 million for the House, including $12 million for mail handling safeguards, and $21.7 million for securing computer facilities away from the Capitol Complex;

• $1 million for the U.S. Capitol Historical Society; and

• $179.9 million for the Capitol Police Board to transfer to other legislative agencies, with the Appropriations Committee anticipation that the amount will be allocated as follows: $59.4 million for the Capitol Police, including funds for completion of a Capitol Police and other federal law enforcement officials training facility; and reimbursements to the National Guard for expenses of additional Capitol Complex protection; $105.7 million for the Architect of the Capitol, including funds for a new Capitol Police center and headquarters facility; and $14.8 million for the Library of Congress.

The supplemental also:

• directed the Capitol Police Chief to establish an Office of Emergency Planning, Preparedness, and Operations in the House to be "responsible for mitigation and preparedness operations, crisis management and response, and resource services, and recovery operations;"

• directed the Capitol Police Chief to initiate a study on the "best organizational structure and mission to provide" for an enhanced capability to respond to chemical and biological attacks in the Capitol Complex, and authorizes up to 72 FTE positions to provide this capability;

• expanded the jurisdiction of the Capitol Police to the property of the Botanical Garden;

• authorized the House Chief Administrative Officer to acquire buildings and facilities in response to emergency situations;

• authorized executive agencies to provide assistance to the Capitol Police; and

• established a House Continuity of Operations Board, comprised of the House Clerk, Sergeant at Arms, and Chief Administrative Officer.

The House passed H.R. 3339, with the supplemental on November 29, without amendment. Subsequently, H.R. 3338 was reported by the Senate Appropriations Committee on December 4 (S.Rept. 107-109), and passed on December 7. The conference report was filed on December 19, 2001 (H.Rept. 107-350).

Capitol Visitors' Center. Conferees on the FY2002 legislative branch appropriations bill, agreed to add $70 million for the Capitol visitors' center, reflecting an increased interest by some Members of Congress in making appropriations available so that construction could begin in early calendar year 2002.

Prior to approval of $70 million for the center, the Senate Subcommittee on Legislative Branch made $1 million available during mark up of the FY2002 bill for "planning, engineering, design, and construction" of the center which is "to provide greater security for all persons working in or visiting the United States Capitol and to enhance the educational experience of those who have come to learn about the Capitol building and Congress." The funds were to remain available until expended. The mark up of the House Subcommittee on Legislative did not contain funds for the center.

Subsequent to congressional approval of $70 million for the center in November 2001, the President released additional funds for construction of the center in the FY2001 emergency terrorism funds (P.L. 107-38). The construction funds were contained in $211.1 million released to the Architect of the Capitol. The amount of funds available for construction was not provided in the release.(40)

The estimated cost of the center is more than $265 million.(41) Congress agreed to an FY1999 emergency supplemental appropriation of $100 million "for planning, engineering, design, and construction" of a Capitol visitors' center. The funding was added in the conference on H.R. 4328, the FY1999 Omnibus Consolidated and Emergency Supplemental Appropriations Act (P.L. 105-277).

The conference report on H.R. 4328 stipulated that appropriated funds for the project are to be supplemented by private funds, and the clerk of the House and the secretary of the Senate were directed by the Capitol Preservation Commission to develop a fund-raising plan. The clerk and secretary presented a plan on February 9, 2000, which the commission accepted, to authorize the Pew Charitable Trusts to establish a nonprofit 501(c)(3) foundation to seek private funds.(42)

As of the end of calendar year 2001, an additional $64.3 million was available for the center. This included $26.6 million in Capitol Preservation Commission funds;(43) $35 million in private sector donations;(44) and $2.7 million(45) from the sale of a recently approved commemorative coin program marking the 200th anniversary of the convening of Congress in the Capitol.(46)

Congressional leadership broke ground for the center on June 20, 2000.(47) Construction began in early 2002 and is expected to be completed in 2005.(48)

Information Security

Security of Legislative Information. Information security has been an element of interest during consideration of the FY2002 bill. This was especially true during recent hearings by the Senate Subcommittee on Legislative Branch. Chairman Robert F. Bennett expressed his concern with the state of computer security and questioned the heads of legislative branch entities on attempts by hackers to infiltrate their computers. Those questioned were officials of the Library of Congress (LOC), Congressional Budget Office (CBO), Government Printing Office (GPO), General Accounting Office (GAO), and Senate. Some officials reported a number of unsuccessful attempts. The public printer of the Government Printing Office (GPO), for example, responded that over 300,000 attempts were made to infiltrate GPO ACCESS within four months, but that no one was able to get beyond the agency's protective firewall. A number of legislative entities included funds for security enhancement in their budget requests. The head of the General Accounting Office (GAO), for example, requested $750,000 to upgrade the agency's computer security facility. The LOC requested $686,088 and five FTEs to support its security program. Some legislative branch entities are conducting required technology security training for their employees. The Congressional Research Service (CRS), for example, is requiring its employees to attend a one-hour training session on ensuring security of information provided to Congress.

In calendar year 2000, the House Committee on Appropriations addressed its concern for the security of electronically formatted legislative information in its report language on the FY2001 legislative branch appropriations bill. The House Committee directed the clerk of the House, in consultation with the secretary of the Senate, to meet with legislative entities that electronically create or store legislative

information, to prepare information security standards and procedures for these entities, and to establish a process to routinely evaluate security risks.

The clerk was required to submit proposed standards and procedures to the Committee on House Administration and the Senate Committee on Rules and Administration for approval. Upon approval, the clerk's plans were to be submitted to the House and Senate Appropriations Committees.

The Library of Congress (LOC) and the Government Printing Office (GPO) are directed to "work with the clerk and secretary of the Senate to test, develop, and implement ... systems that will enable them to confirm the authenticity of such legislative information."(49)

House and Senate Committee Funding

House Committee Funding. The conference contained the House-passed $127.5 million for House committees, an increase of $4.9 million (4.0%) over the FY2001 appropriation of $122.6 million, and an increase of $24,000 (0.01%) over the budget request.

The appropriation for House committees was contained in the appropriation heading "committee employees" that comprises two subheadings. The first subheading contained funds for personnel and non-personnel expenses of House committees, except the Appropriations Committee, as authorized by the House in a committee expense resolution. The funding for this subheading was $104.5 million, an increase of $4.2 million (4.2%) over the FY2001 appropriation of $100.3 million.

The second subheading contained funds for the personnel and non-personnel expenses of the Committee on Appropriations. The FY2002 mark was $23 million, an increase of $674,000 (3.0%) over the FY2001 appropriation of $22.3 million.

Senate Committee Funding. Appropriations for Senate committees are contained in two separate Senate accounts. The first account is the Senate "Committee on Appropriations"; the second is "Inquiries and Investigations," which contains funds for all other Senate committees.

The conference contained the Senate-passed appropriation of $9.9 million for the Senate Committee on Appropriations, a $1.1 million (12.9%) increase over the FY2001 level of $8.8 million, and $107.3 million for inquiries and investigations, an increase of $24.3 million (29.3%) over the FY2001 appropriation of $83.0 million.

Architect of the Capitol Operations

Architect of the Capitol Appropriation for FY2002. Conferees agreed to $314.3 million, which contained a one-time appropriation of $70 million for the Capitol visitors' center. The FY2002 level, excluding Capitol visitors' center funds, represented an increase of 15.9% over the FY2001 appropriation of $210.8 million.

Total FY2002 funds available to the Architect are $420.6 million, when adding Capitol visitors' center funds and FY2002 emergency response funds transferred pursuant to P.L. 107-117, the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9).

The Office of the Architect of the Capitol's budget is contained in Title I and II of the legislative branch appropriations bill. Title I contains funds for the Capitol buildings and grounds, Senate office buildings, House office buildings, and the Capitol power plant. Occasionally, funds for special projects are included in Title I.

For Title I, the House and Senate consider separate requests because the House budget request does not include Senate office building funds (which are determined by the Senate), and the Senate budget request does not include House office building funds (determined by the House). Conferees agreed to a Title I appropriation of $221.3 million, which increased to $327.6 million, when including emergency response funds transferred pursuant to P.L. 107-117, the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9).

Title II contains funds for the Architect to maintain the buildings and grounds of the Library of Congress (LOC). From time to time, other projects of the Architect are funded in Title II. The conference version of H.R. 2647 contained $93.0 million, including $21.8 million for the Library of Congress buildings and grounds; $1.3 million for the congressional cemetery; and $70.0 million for the Capitol visitors' center.

Among administrative provisions included by conferees were those:

• directing the Architect to designate a position for security management functions; and

• requiring payment of liquidated damages in instances when the completion of projects costing more than $50,000 are delayed due contractors.

The Senate's FY2002 proposal contained $178.2 million for the Architect of the Capitol in Titles I and II of the bill, excluding funds for House office buildings and funds for the Botanic Garden. Title I contained $155.9 million, excluding House office building funds, and Title II contained $22.3 million, excluding funds for the Botanic Garden. Title II contained $1 million for the Capitol Visitors' Center and $2.5 million for the congressional cemetery. The total FY2002 appropriation was an increase of $9.1 million (5.4%) over the FY2001 level of $169.1 million. The Senate bill deferred funds for the second phase in the renovation of the Capitol Dome and addresses management, worker safety, chief financial officer, recycling, parking, and biobased products issues.

The House bill contained $197.4 million for Titles I and II, excluding funds for Senate office buildings and funds for the Botanic Garden, an increase of $50.4 million (34.3%) over the FY2001 level of $146.9 million.

The FY2002 budget request for the Office of the Architect of the Capitol in Title I and Title II combined was $292.8 million (excluding funds for the Botanic Garden), an increase of $82.0 million, or 38.9%, over the FY2001 appropriation of $210.8 million.

The budget request contained $3.5 million for an additional 48 FTE positions considered necessary for the Architect primarily to implement programs required by the Congressional Accountability Act. Among these positions were five to support fire safety programs; eight to support environmental and life safety programs; five to support an energy savings program; 19 to support preparation and issuance of financial statements.

Figure 4. Appropriations for the Architect, FY1995-FY2001

The request also contained $102.6 million for 115 projects that were contained in the Architect's "capital budget," which primarily funds maintenance projects. Seven projects accounted for $67 million, or 65%, of the request. They were repair of the Capitol dome ($42.5 million); purchase of property for an off-site delivery and screening center for the Capitol police ($6.8 million); construction of a new Library of Congress audio visual conservation center in Culpepper Virginia ($5 million); renovations to the Rayburn office building cafeteria ($3.5 million); design and purchase of land for a vehicle maintenance facility for the Capitol police ($3.3 million); modernization of the elevators in House office buildings ($3 million); and preparation of construction drawings for a parking garage adjacent to the Capitol police headquarters ($3 million).

Figure 5. Appropriations for the Architect, FY1995-FY2001

Botanic Garden. Conferees agreed to $5.7 million, lower than both the House figure of $6.0 million, and the Senate figure of $5.8 million. The FY2002 appropriation is a 70.0% increase from the FY2001 appropriation of $3.3 million. The increase is due in part to inclusion of $1.5 million for capitol projects, including, among other funds, $200,000 for design of the renovation of the administration building, $615,000 for conservatory galleries design exhibits, banners, and audio tours, and $400,000 for implementation and contractor support for conservatory courtyards.

Support Agency Funding

Congressional Budget Office Budget. Conferees agreed to an 8.6% increase in the budget of the Congressional Budget Office (CBO), to $30.8 million in FY2002 from $28.4 million in FY2001. The Senate version contained $30.7 million for CBO, and the House version, $30.8 million.

An administrative provision contained new legislative authority for a student loan repayment program for qualified personnel, capped at $40,000 for any employee, and limited to no more than $6,000 in a calendar year. CBO's director requested this authority in order to "recruit and retain qualified personnel," subject to the limits required of executive branch agencies.(50) A second administrative provision authorized the director to establish regulations for employee training.

The FY2002 CBO request was $30.7 million, an increase of $2.3 million, or 8.1%, over FY2001. According to the director, 94% of the increase was due to pay and related benefits, an increase "largely explained by our need to remain competitive in a tight labor market."(51) The agency's request included funds for four additional authorized FTE positions.

General Accounting Office Budget. Conferees adopted the House-passed appropriation of $421.8 million for the General Accounting Office (GAO), an increase of 9.9% over last year's funding of $384.0 million. The Senate FY2002 bill contained $419.8 million. Total GAO funding is $429.4 million, when adding FY2002 emergency response funds transferred pursuant to P.L. 107-117, the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9).

Conferees directed the comptroller general to obligate up to $500,000 for a technology assessment pilot program, to be determined by the Senate, and to submit a progress report on the program to the Senate by June 15, 2002. A Senate manager's amendment providing $1 million for technology assessment pilot projects was stricken in conference; the money would have been offset by a reduction in appropriations for the Architect of the Capitol.

GAO's FY2002 budget request was $427.8 million, an increase of $43.8 million, or 11.4%, over the FY2001 appropriation. Most of the request was for mandatory expenses, including increases in pay and related costs ($17.6 million), and in services ($1.6 million).(52) In addressing the need to recruit and retain staff, the comptroller general requested funds for performance-based recognition and compensation programs ($1 million), repayments of education loans ($410,000), training ($400,000). He also requested $1.5 million for a mass transit subsidy allowance, required by law. The agency's request contained funds for 120 FTE positions already authorized but not previously funded. Funding the 120 FTEs meant full funding of GAO's authorized FTE level of 3,275 in FY2002. The Senate bill contained full funding of the 3,275 FTE level, while the House funded 3,269.

Figure 6. Appropriations for GAO, FY1995-FY2001

Figure 7. Appropriations for GAO, FY1995-FY2001

Library of Congress Budget. Conferees agreed to $452.0 million for the Library of Congress (LOC) instead of $450.1 million approved by the House and $443.2 million approved by the Senate. The conference figure is an 11.7% decrease from the FY2001 appropriation of $511.7 million, which contained a one-time supplemental appropriation of $100 million for the Library's digitalization program. When excluding the digitalization supplemental, the conference figure represents an 11.7% increase over FY2001.

Total FY2002 Library of Congress funding is $481.7 million, when adding FY2002 emergency response funds transferred pursuant to P.L. 107-117, the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9).

The budget of the LOC is contained in both Title I and Title II of the legislative appropriations bill. Title I contains funds for the Congressional Research Service (CRS); Title II contains funds for all other activities of the Library of Congress.

Library of Congress, Except CRS (in Title II). Conferees agreed to a FY2002 level of $370.6 million, compared with the $368.6 million House figure and the $362.1 million Senate figure. The conference amount is a decrease of 15.5% over the FY2001 appropriation of $438.3 million, which also included a one-time appropriation of $100 million for digitalization.

Total Title II funding for FY2002 is $400.2 million, when adding FY2002 emergency response funds transferred pursuant to P.L. 107-117, the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9).

The Library's FY2002 request was $363.2 million, and included among its major elements funds for mandatory increases in pay and related expenses, and services ($20 million); an increase for collections access, preservation, and security ($11.8 million); and an increase for the Library's digital futures initiatives ($18.8 million). An increase of 80 FTE positions was requested for the digital future initiative, including 58 for the National Digital Library, 17 for the Congressional Research Service (CRS), and five for computer security.

Figure 8. Appropriations for LOC, Excluding CRS, FY1995-FY2001

Figure 9. Appropriations for LOC, Excluding CRS, FY1995-FY2001

Congressional Research Service (in Title I). Conferees agreed to the House-passed appropriation of $81.5 million, an increase of 10.9% over the FY2002 appropriation of $73.4 million; the Senate proposed $81.1 million. Approximately $4.2 million of the increase in the conference is to meet statutory obligations and to adjust for inflation. The remainder of the increase primarily funds technology advancements, including the hiring of five senior analysts to provide expertise on technology policy issues, and 12 technical staff to enhance technology research and security.

Figure 10. Appropriations for CRS, FY1995-FY2001

Figure 11. Appropriations for CRS, FY1995-FY2001

Government Printing Office (GPO) Budget. Conferees agreed to $110.6 million for GPO operations, including $81.0 million in Title I, and $29.6 million in Title II, a decrease of 3.9% from the FY2001 total of $115.1 million. GPO is funded in Title I for congressional printing and binding, and in Title II for the Office of Superintendent of Documents. Title II also contains funding from time to time for the GPO revolving fund, as it did in the FY2002 request, with a request of $6 million for payment to the GPO revolving fund.

Total FY2002 Government Printing Office funding is $114.6 million, when adding FY2002 emergency response funds transferred pursuant to P.L. 107-117, the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9).

Conferees on the regular annual bill agreed to administrative language, similar to that included in the Senate bill, extending the agency's authority to offer incentive payments for early retirement and voluntary separation. During testimony on the FY2002 bill, the public printer requested decreased funds for staffing. He requested funds for 3,260 FTEs, a decrease of 25 FTEs from the FY2001 authorized number of 3,285. To help achieve this reduction, the public printer requested authority to offer early-outs and buy-outs to staff. During his Senate testimony on the FY2002 budget, the public printer noted that most of the reduction was needed in staff handling publication sales due to a decline in sales.(53)

The agency's FY2002 request in both titles of the bill was $126.5 million, an increase of 27.5%, or $27.3 million, over the FY2001 appropriation of $99.2 million (before a FY2001 supplemental). Most of the increase covered shortfalls in prior year appropriations, including $9.9 million for FY2000 and $9.5 million for FY2001. According to the public printer, the actual increase in the FY2002 budget for congressional printing and binding was $200,000, when not counting the funds requested to make up for shortfalls.(54)

The FY2002 request for Title I was $90.9 million, an increase of $19.6 million, or 25.0%, over the FY2001 appropriation of $71.3 million (before a FY2001 supplemental). The Title II request was $35.6 million, an increase of $7.7 million, or 27.6 %, over the FY2001 appropriation of $27.9 million (before a FY2001 supplemental).

Figure 12. Appropriations for GPO, FY1995-FY2001

Figure 13. Appropriations for GPO, FY1995-FY2001

Table 2. Legislative Branch Appropriations, FY1995 to FY2001

a. These figures represent current dollars, exclude permanent budget authorities, and contain supplementals and rescissions. Permanent budget authorities are not included in the annual legislative branch appropriations bill but, rather, are automatically funded annually.

b. Includes budget authority contained in the FY1999 regular annual legislative branch appropriations act (P.L. 105-275), the FY1999 emergency supplemental appropriation (P.L. 105-277), and the FY1999 supplemental appropriation (P.L. 106-31).

c. Includes budget authority contained in the FY2000 regular annual legislative branch appropriations act (P.L. 106-57); a supplemental and a 0.38% rescission in P.L. 106-113; and supplementals in P.L. 106-246 and P.L. 106-554.

d. This figure contains: (1) FY2001 regular annual appropriations contained in H.R. 5657, legislative branch appropriations bill; FY2001 supplemental appropriations of $118 million and a 0.22% across-the-board rescission contained in H.R. 5666, miscellaneous appropriations bill; and (3) FY2001 supplemental appropriations of $79.5 million contained in H.R. 2216 (P.L. 107-20). H.R. 5657 and H.R. 5666 were incorporated by reference in P.L. 106-554, FY2001 Consolidated Appropriations Act. The first FY2001legislative branch appropriations bill, H.R. 4516, was vetoed Oct. 30, 2000. The second legislative branch appropriations bill, H.R. 5657, was introduced Dec. 14 and incorporated in P.L 106-554. in P.L. 106-554.

Table 3. Legislative Branch Appropriations, FY2002 (H.R. 2647; S. 1172; P.L. 107-68; P.L. 107-117)

Sources: FY2002 U.S. Budget, House and Senate Appropriations Committees, and public laws. The last column also contains emergency response funds authorized to be transferred pursuant to P.L. 107-117, the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9).

a. This column contains: (1) FY2001 regular annual appropriations contained in H.R. 5657, legislative branch appropriations bill; FY2001 supplemental appropriations of $118 million and a 0.22% across-the-board rescission contained in H.R. 5666, miscellaneous appropriations bill; and (3) FY2001 supplemental appropriations of $79.5 million contained in H.R. 2216 (P.L. 107-20). H.R. 5657 and H.R. 5666 were incorporated by reference in P.L. 106-554, FY2001 Consolidated Appropriations Act. The first FY2001legislative branch appropriations bill, H.R. 4516, was vetoed Oct. 30, 2000. The second legislative branch appropriations bill, H.R. 5657, was introduced Dec. 14 and incorporated in P.L 106-554.

b. These numbers reflect revisions in the request contained in the President's FY2002 U.S. Budget.

c. These figures do not contain appropriations for the Senate. The House does not consider appropriations in Title I for Senate internal activities and Senate activities funded under the Architect of the Capitol.

d. These figures do not contain appropriations for the House. The Senate does not consider appropriations in Title I for House internal activities and House activities funded under the Architect of the Capitol.

e. This figure contains not only $18,753,000 for Library buildings and grounds, but also $1,000,000 for the Capitol Visitors' Center, and $2,500,000 for the Congressional Cemetery.

Table 4. Senate Items, FY2002 (S. 1172, Incorporated in H.R. 2647; P.L. 107-68; P.L. 107-117)

Sources: FY2002 U.S. Budget, House and Senate Appropriations Committees and public laws. The last column also contains emergency response funds authorized to be transferred pursuant to P.L. 107-117, the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9).

a. There are six Senate appropriations headings; they are indicated in bold print.

b. Office operations of the Office of the Secretary of the Senate are also funded under "Salaries, Officers, and Employees."

c. Activities of the Office of Sergeant at Arms and Doorkeeper are also funded under "Salaries, Officers, and Employees."

Table 5. House of Representatives Items, FY2002 (H.R. 2647; P.L. 107-68; P.L. 107-117)

Source: House Appropriations Committee. The last column also contains emergency response funds authorized to be transferred pursuant to P.L. 107-117, the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (in Division B, chapter 9).

a. The appropriations bill has two House accounts: (1) payments to widows and heirs of deceased Members of Congress and (2) salaries and expenses.

b. This appropriation heading was new in the FY1996 bill. The heading represents a consolidation of (1) the former heading Members' clerk hire; (2) the former heading official mail costs; and (3) the former subheading official expenses of Members, under the heading allowances and expenses.

c.This appropriation heading was new in the FY1996 bill. The heading represents a consolidation of (1) the former heading committee employees; (2) the former heading standing committees, special and select; (3) the former heading Committee on Budget (studies); and (4) the former heading Committee on Appropriations (studies and investigations).

Table 6. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-FY2001

See notes at end of Table 7.

Table 7. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-FY2001

Sources: Budget authorities for FY1995-FY2001 are from the House Appropriations Committee. FY1995 budget authorities reflect rescissions and a supplemental contained in P.L. 104-19, 109 Stat. 219-221, July 27, 1995, FY1995 Supplemental and Rescissions Act (H.R. 1944). FY1996 budget authorities reflect rescissions contained in P.L. 104-208, 110 Stat. 3009-510-511, Sept. 30, 1996, FY1997 Omnibus Consolidated Appropriations Act (H.R. 3610). FY1998 budget authorities represent supplementals contained in P.L. 105-174, May 1, 1998, and an $11 million transfer to the Government Printing Office (GPO) from the GPO revolving fund. FY1999 budget authorities contain emergency supplemental appropriations in P.L. 105-277, and supplemental appropriations in P.L. 106-31. FY2000 budget authorities contain a supplemental and a 0.38% rescission in P.L. 106-113. Totals reflect rounding.

FY1999 budget authority contains $223.7 million in emergency supplemental appropriations (P.L. 105-277), and $3.8 million for expenses of a House page dormitory and $1.8 million for expenses of life safety renovations to the O'Neill House Office Building (P.L. 106-31). The FY1999 appropriation also contains a rescission of $3.5 million, and a supplemental for the same amount in P.L. 106-31.

Excludes permanent federal funds (in thousands of current dollars): FY1995, $343,000; FY1996, $302,000; FY1997, $325,000; FY1998, $333,000; FY1999, $358,000; and FY2000, $279,000. Sources are the U.S. Budget and the House and Senate Committees on Appropriations.

Excludes permanent trust funds (in current dollars, in thousands): FY1995, $16,000; FY1996, $31,000; FY1997, $29,000; FY1998, $29,999; FY1999, $47,000; and FY2000, $51,000. Sources are the U.S. Budget and the House and Senate Committees on Appropriations.

The formula for conversion to constant dollars is as follows: 2001 Consumer Price Index (CPI) number divided by each year's CPI number multiplied by that year's budget authority. Source for 1995-2000 index figures is the Bureau of Labor Statistics. Source for 2001 estimate is the Congressional Budget Office.

a. Prior to FY1978, the legislative branch appropriations act contained numerous titles. Effective in FY1978, Congress restructured the legislative bill so that it would "more adequately reflect actual costs of operating the U.S. Congress than has been true in the past years" (H.Rept. 95-450, FY1978 Legislative Appropriations). As a result, the act was divided into two titles. Title I, Congressional Operations, was established to contain appropriations for the actual operation of Congress. Title II, Related Agencies, was established to contain the budgets for activities not considered as providing direct support to Congress. Periodically, the act has contained additional titles for such purposes as capital improvements and special one-time functions.

b. FY1996 figures contain rescissions in the Omnibus Consolidated Appropriations Act, FY1997 (P.L. 104-208, Sept. 28, 1996). Provisions applicable to legislative branch budget authority in P.L. 104-208 appear in Congressional Record, daily edition, vol. 142, Sept. 28, 1996, pp. H11778-H11779.

c. Includesbudget authority contained in the FY1999 regular annual Legislative Branch Appropriations Act (P.L. 105-275), $223.7 million in FY1999 emergency supplemental appropriations in P.L. 105-277, and $5.6 million in FY1999 supplemental appropriations in P.L. 106-31.

d. Includes $5.5 million in emergency supplementals under the sergeant at arms for completion of Year-2000 computer conversion (P.L. 105-277).

e. Includes $6.373 million in emergency supplementals under the chief administrative officer for completion of Year--2000 computer conversion (P.L. 105-277), and includes a rescission of $3.5 million from the House heading "salaries, officers, and employees" and a supplemental appropriation of $3.5 million for the chief administrative officer for replacement of the House payroll system (P.L. 106-31).

f. Includes $106,782,000 for emergency security enhancements funded under the Capitol Police Board's general expenses account (P.L. 105-277). The total Joint Items figure also includes $2 million for the Trade Deficit Review Commission.

g. This figure includes $100 million for design and construction of a Capitol visitors' center, funded under the Architect of the Capitol's Capitol buildings account, in "salaries and expenses" (P.L. 105-277), and includes $3.8 million for expenses of a House page dormitory and $1.8 million for expenses for life safety renovations to the O'Neill House Office Building (P.L. 106-31).

h. Includes $1 million for the Congressional Cemetery.

i. Includes $5 million in emergency supplemental appropriations under the salaries and expenses account of the General Accounting Office for completion of the Year-2000 computer conversion (P.L. 105-277).

j. Includes regular annual appropriations (P.L. 106-57) and a 0.38% rescission and supplemental in P.L. 106-113.

k. This column contains: (1) FY2001 regular annual appropriations contained in H.R. 5657, legislative branch appropriations bill; FY2001 supplemental appropriations of $118 million and a 0.22% across-the-board rescission contained in H.R. 5666, miscellaneous appropriations bill; and (3) FY2001 supplemental appropriations of $79.5 million contained in H.R. 2216 (P.L. 107-20). H.R. 5657 and H.R. 5666 were incorporated by reference in P.L. 106-554, FY2001 Consolidated Appropriations Act. The first FY2001legislative branch appropriations bill, H.R. 4516, was vetoed Oct. 30, 2000.

For Additional Reading

CRS Reports

CRS Report RL30212. Legislative Branch Appropriations for FY2001, by Paul Dwyer.

CRS Report 98-212. Legislative Branch Appropriations for FY2000, by Paul Dwyer.

Selected World Wide Web Sites

These sites contain information on the FY2001 legislative branch appropriations request and legislation, and the appropriations process.

House Committee on Appropriations
http://www.house.gov/appropriations

Senate Committee on Appropriations
http://www.senate.gov/~appropriations/

CRS Appropriations Products Guide
http://www.crs.gov/products/appropriations/apppage.shtml

Congressional Budget Office
http://www.cbo.gov

General Accounting Office
http://www.gao.gov

Office of Management & Budget
http://www.whitehouse.gov/omb/

Footnotes

1. ^(back) The appropriation excludes funds for House internal operations and House office buildings, which are contained in the appropriation for the Architect of the Capitol.

2. ^(back) The FY2001 figure excludes funds for House internal operations and House office buildings, and excludes a $79.5 million supplemental appropriation in H.R. 2216, FY2001 supplemental appropriations bill.

3. ^(back) This action was taken pursuant to a unanimous consent agreement entered into on July 19, when the Senate considered S. 1172.

4. ^(back) The appropriation excludes funds for Senate internal operations and Senate office buildings contained in the Architect's appropriation.

5. ^(back) The FY2001 figure excludes funds for Senate internal operations and Senate office buildings, and includes a $79.5 million supplemental contained in H.R. 2216, FY2001 supplemental appropriations bill.

6. ^(back) Other budget authorities are those of some non-legislative entities within the legislative branch budget as presented in the U.S. Budget that are actually funded in other appropriations bills.

7. ^(back) FY2002 estimated legislative branch permanent federal fund authority is $344 million, comprised of House and Senate Member pay ($99 million); House and Senate use of foreign currencies ($6 million); and Library of Congress payments to copyright owners ($239 million). Source is the FY2002 U.S. Budget (with figures rounded to the nearest million).

8. ^(back) FY2002 estimated permanent trust fund authority is $33 million, comprised of Library of Congress gift and trust fund accounts ($28 million); U.S. Capitol Preservation Commission trust funds ($2 million); Architect of the Capitol, U.S. Botanic Garden, gifts and donations ($12 million); Millenial Housing Commission, gifts and donations ($2 million); and John C. Stennis Center for Public Service Training and Development trust funds ($2 million), less $3 million in offsetting receipts from the public, for a total of $33 million. Source is the FY2002 U.S. Budget (with figures rounded to the nearest million).

9. ^(back) The FY2002 U.S. Budget includes non-legislative entities under two headings: (1) "U.S. Tax Court" ($37.3 million), and (2) "other legislative branch agencies - legislative branch boards and commissions," including, (1) the U.S. Commission on International Religious Freedom ($3 million), and (2) a subcategory titled "other legislative branch boards and commissions," which includes the Commission on Security and Cooperation in Europe ($1.5 million), and the Congressional-Executive Commission on the People's Republic of China ($500,000).

For a more accurate picture of the legislative branch budget, as contained in the annual legislative branch appropriations bill, the total FY2002 legislative branch appropriation figure in the FY2002 U.S. Budget must be adjusted. This is accomplished by subtracting non-legislative funds and permanent federal and trust funds. Non-legislative funds are those for entities that are funded in other appropriations bills, but for bookkeeping purposes are counted as legislative branch funds by the Office of Management and Budget. The FY2002 U.S. Budget contains an FY2002 total legislative budget authority request of $3.340 billion. After subtracting non-legislative entities ($42.3 million), permanent federal funds ($344 million), and permanent trust funds ($33 million), the total is $2.9 billion.

10. ^(back) Source is the FY2002 U.S. Budget.

11. ^(back) Source is the House Committee on Appropriations.

12. ^(back) The FY2001 figure contains a $79.5 million supplemental appropriation contained in H.R. 2216, FY2001 supplemental appropriations bill.

13. ^(back) The FY2001 figure excludes Senate funds and includes a $79.5 million supplemental contained in H.R. 2216, FY2001 supplemental appropriations bill.

14. ^(back) U.S. Congress, House Committee on Appropriations, Making Supplemental Appropriations for the Fiscal Year Ending September 30, 2001, and for Other Purposes, report to accompany H.R. 2216, 107th Congress, 1st session, H.Rept. 107-102 (Washington: GPO, 2001), p. 30.

15. ^(back) Ibid., p. 31.

16. ^(back) Ibid.

17. ^(back) Ibid.

18. ^(back) U.S. Congress, Senate Committee on Appropriations, Making Supplemental Appropriations for the Fiscal Year Ending September 30, 2001, and for Other Purposes, report to accompany S. 1077, 107th Cong., 1st sess., S.Rept. 107-33 (Washington: GPO, 2001), pp. 35-37.

19. ^(back) Ibid., p. 36.

20. ^(back) Ibid., p. 37.

21. ^(back) P.L. 107-38, 115 Stat. 220-221.

22. ^(back) Office of Management and Budget, President Bush Releases $5.1 Billion in Emergency Funds; OMB Provides Details on Fund Allocation, news release, Sept. 21, 2001. See http://www.whitehouse.gov/omb/pubpress/2001-36.html.

23. ^(back) Office of Management and Budget, Emergency Appropriations: Amounts Previously Appropriated Now Being Transferred by the President From the Emergency Response Fund, Attachment to Letter from the President to the Speaker of the House, Sept. 28, 2001.

24. ^(back) Office of Management and Budget, President Bush Announces $699 Million in Emergency Funds Assistance for Defense, Northern Virginia, Secret Service and Congress, news release 2001-62, Dec. 3, 2001.

25. ^(back) Request to Congress from the President for approval of additional emergency supplemental appropriations, contained in Attachment to Letter from the President to the Speaker of the House, Oct. 17, 2001. See Office of Management and Budget, President Bush Proposes $20 Billion Emergency Spending Measure to Provide for the Disaster Recovery and Security Needs Related to the Attack on America, news release, Oct. 17, 2001 http://www.whitehouse.gov/omb/pubpress/10-17-01emergency_spending_measure.html.

26. ^(back) "House Security Procedures," a staff briefing by the Capitol Police and the Committee on House Administration, 345 Cannon House Office Building, Sept. 19, 2001.

27. ^(back) Lauren W. Whittington, "More Street Closings Eyed," Roll Call, vol. 47, Sept. 24, 2001, p. 22.

28. ^(back) Testimony of the chief of the U.S. Capitol Police, James J. Varey, U.S. Congress, Senate Committee on Appropriations, Subcommittee on Legislative Branch, Legislative Branch Appropriations for FY2002, hearings, 107th Cong., 1st sess., May 16, 2001, p. 161.

29. ^(back) U.S. Congress, Conference Committees, 2001, Making Appropriations for the Department of Defense for the Fiscal Year Ending September 30, 2002, and for Other Purposes, conference report to accompany H.R. 3338, H.Rept. 107-350, 107th Cong., 1st sess. (Washington: GPO, 2001), p. 439.

30. ^(back) P.L. 107-117, Jan. 10, 2002, FY2002 Department of Defense Appropriations Bill, Division B, Emergency Supplemental.

31. ^(back) Due a lack of a sufficient number of officers, according to the chief's testimony, officers undergoing training had to be replaced with officers required to be paid overtime in order to maintain regular police services.

32. ^(back) P.L. 107-38, 115 Stat. 220-221.

33. ^(back) Office of Management and Budget, Emergency Appropriations: Amounts Previously Appropriated Now Being Transferred by the President From the Emergency Response Fund, Attachment to Letter from the President to the Speaker of the House, Sept. 21, 2001. See also Office of Management and Budget, President Bush Releases $5.1 Billion in Emergency Funds; OMB Provides Details on Fund Allocation, news release, Sept. 21, 2001 http://www.whitehouse.gov/omb/pubpress/2001-36.html.

34. ^(back) Office of Management and Budget, Emergency Appropriations: Amounts Previously Appropriated Now Being Transferred by the President From the Emergency Response Fund, Attachment to Letter from the President to the Speaker of the House, Sept. 28, 2001. See Office of Management and Budget, President Bush Releases Additional $1.8 Billion in Emergency Funds to Provide for National Security Needs, news release, Sept. 28, 2001 http://www.whitehouse.gov/omb/pubpress/2001-40.html.

35. ^(back) Office of Management and Budget, President Bush Announces $699 Million in Emergency Funds Assistance for Defense, Northern Virginia, Secret Service and Congress, news release 2001-62, Dec. 3, 2001.

36. ^(back) Request to Congress from the President for approval of additional emergency supplemental appropriations, contained in Attachment to Letter from the President to the Speaker of the House, Oct. 17, 2001. See Office of Management and Budget, President Bush Proposes $20 Billion Emergency Spending Measure to Provide for the Disaster Recovery and Security Needs Related to the Attack on America, news release, Oct. 17, 2001 http://www.whitehouse.gov/omb/pubpress/10-17-01emergency_spending_measure.html.

37. ^(back) U.S. Congress, Conference Committees, 2002, Making Appropriations for the Department of Defense for the Fiscal Year Ending September 30, 2003, and For Other Purposes, conference report to accompany H.R. 3338, H.Rept. 107-350, 107th Cong., 1st sess. (Washington: GPO, 2002), p. 438.

38. ^(back) Ibid., p. 439. Conferees noted that appropriations to reimburse the Environmental Protection Agency and the Department of Defense were contained in other sections of P.L. 107-117. Conferees also inserted language in the conference stating that they "will ensure adequate funding is provided to properly respond to this unfortunate incident" as the costs of responding to the anthrax situation are assembled..

39. ^(back) Ibid., p. 90.

40. ^(back) Office of Management and Budget, President Bush Announces $699 Million in Emergency Funds Assistance for Defense, Northern Virginia, Secret Service and Congress, news release 2001-62, Dec. 3, 2001.

41. ^(back) Testimony of the Architect of the Capitol, U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative, Legislative Branch Appropriations Act for FY2001, part 2, hearings, 106th Cong., 2nd sess., Feb. 1, 2000 (Washington: GPO, 2000), p. 360.

42. ^(back) Testimony of the secretary of the Senate, Gary Sisco. U.S. Congress, Senate Committee on Appropriations, Subcommittee on Legislative Branch, Legislative Branch Appropriations for FY2001, hearings, 106th Cong., 1st sess., Mar. 21, 2000, p. 260.

43. ^(back) Testimony of the secretary of the Senate, Gary Sisco, before the Senate Subcommittee on Legislative Branch, Legislative Branch Appropriations for FY2000, hearings, March 24, 1999, p. 222.

44. ^(back) Written testimony of the secretary of the Senate, Gary Cisco, U.S. Congress, Senate Committee on Appropriations, Subcommittee on Legislative Branch, Legislative Branch Appropriations for FY2002, submitted for hearings scheduled for May 16, 2001.

45. ^(back) Ibid.

46. ^(back) P.L. 106-57; 113 Stat. 427.

47. ^(back) Ben Pershing, "Leaders Break New Ground: Actual Visitors Center Construction to Start in 2001," Roll Call, June 22, 2000, pp. 1, 33.

48. ^(back) Spokesperson for the Office of the Architect of the Capitol, April 9, 2002.

49. ^(back) U.S. Congress, House Committee on Appropriations, Legislative Branch Appropriations Bill, 2001, report to accompany H.R. 4516, 106th Cong., 2nd sess., H.Rept. 106-635 (Washington: 2000), p. 8.

50. ^(back) Testimony of the director of the Congressional Budget Office, Dan Crippen, U.S. Congress, Senate Committee on Appropriations, Subcommittee on Legislative Branch, Legislative Branch Appropriations for FY2002, hearings, 107th Cong., 1st sess., May 10, 2001, pp. 115, 120.

51. ^(back) Testimony of the director of the Congressional Budget Office, Dan Crippen, U.S. Congress, Senate Committee on Appropriations, Subcommittee on Legislative Branch, Legislative Branch Appropriations for 2002, hearings, part 1, 107th Cong., 1st sess., 2001 (no date)(Washington: GPO, 2001), p. 373.

52. ^(back) Testimony of the comptroller general of the General Accounting Office, David Walker, U.S. Congress, Senate Committee on Appropriations, Subcommittee on Legislative Branch, Legislative Branch Appropriations for FY2002, hearings, 107th Cong., 1st sess., May 10, 2001, p. 90.

53. ^(back) Ibid.

54. ^(back) Testimony of the public printer of the Government Printing Office, Michael DiMario, U.S. Congress, Senate Committee on Appropriations, Subcommittee on Legislative Branch, Legislative Branch Appropriations for FY2002, hearings, 107th Cong., 1st sess., May 10, 2001, p. 79.

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