RL31312 -- Appropriations for FY2003: Legislative Branch

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CONTENTS

• Summary
• Most Recent Developments
• Introduction to the Legislative Branch Appropriations Bill
• Status of FY2003 Appropriations
• Implications for Legislative Branch Operations of Continuing Appropriations Funding
• Action on the FY2003 Legislative Branch Appropriations Bill
• Submission of FY2003 Budget Request
• Hearings on FY2003 Budget Requests
• Passage of House Version, H.R. 5121 (107th Congress)
• Limitation on Transfer of Appropriations
• Passage of Senate Version, H.R. 5121, Amended to Contain the Language of S. 2720 (107th Congress)
• Adoption of By the Senate of H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress)
• Adoption of Conference Report on H.J.Res. 2, FY2003 Omnibus Appropriations (P.L. 108-7)
• Action on Second FY2002 Legislative Branch Supplemental Appropriation (H.R.4775; S. 2551; P.L. 107-206)
• House Version, H.R. 4775
• Senate Version, S. 2551
• Action on First Continuing Resolution (H.J.Res. 111; P.L. 107-229) with Provision Relating to the Government
  Printing Office
• Action on Third Continuing Resolution (H.J.Res.122; P.L. 107-240) With Provisions Relating to the Government Printing Office and Gratuity Payment
• Elements That Congress Considered During Discussions on the FY2003 Bill
• Capitol Complex Security - U.S. Capitol Police
• Funding Issues
• New Account Structure for the Capitol Police in the FY2003 Bills
• House and Senate FY2003 Appropriations for the Police
• Policy Issues
• Capitol Complex Security - Status of Funds for the Capitol Visitors' Center
• Architect of the Capitol Operations
• Architect of the Capitol Funding
• House and Senate Committee Funding
• House Committee Funding
• Senate Committee Funding
• Support Agency Funding
• Congressional Budget Office
• General Accounting Office
• Library of Congress
• Government Printing Office
• For Additional Reading
• CRS Reports
• Selected Web Sites
• Footnotes

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

Table 1. Legislative Branch Appropriations, FY1995 to FY2002

Table 2. Status of Legislative Branch Appropriations, FY2003, P.L. 108-7 (H.J.Res. 2, 108th Congress)

Table 3. Legislative Branch Appropriations, FY2003 (H.R.5121 and S. 2720 (107th Congress); H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress))

Table 4. Capitol Police Appropriations, FY2003 (H.R.5121 and S. 2720 (107th Congress); H.J.Res.2, FY2003 Omnibus Appropriations (108th Congress))

Table 5. Architect of the Capitol Appropriations, FY2003 (H.R.5121and S. 2720 (107th Congress); H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress))

Table 6. Senate Appropriations, FY2003 (S.2720 (107th Congress); H.J.Res.2, FY2003 Omnibus Appropriations (108th Congress))

Table 7. House of Representatives Appropriations, FY2003 (H.R.5121 (107th Congress); H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress))

Table 8. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-2002

Table 9. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-FY2002

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Summary

Final congressional action on the FY2003 legislative branch bill was completed on February 13, 2003, when both houses agreed to the conference report on H.J.Res. 2, the FY2003 omnibus appropriations resolution. The President signed the resolution into law on February 20 (P.L. 108-7)

Division H of P.L. 108-7 contains $3.36 billion for legislative branch activities. Language in the Act also requires a rescission of 0.65% in the appropriations of most entities funded in the bill, including those for the legislative branch. The FY2003 legislative branch appropriation of $3.36 billion, not adjusted for the rescission, is an increase of 3.3% from FY2002's $3.25 billion funding level.

The increase will meet mandatory expenses required by law, including funding for a January 2003 salary increase of 4.1%, and related personnel costs, such as the federal retirement system. The additional money funds security programs for the Capitol complex, including a 17.6% increase in the Capitol Police budget and an 11.4% increase in the Architect of the Capitol's budget in part for security related enhancements.

Capitol Police funding contains a 9.1% increase in police pay, and related provisions that merge the Library of Congress police force with the Capitol Police force and expand authority of the Capitol Police chief to enhance police recruitment and retention (including provisions for hiring and relocation bonuses, establishment of a student loan repayment program, and authorization for training). Other provisions mandate a redefinition of the mission and composition of the Capitol Police Board.

The Architect of the Capitol's budget contains funds for an alternate computer facility for use during emergencies, and $23.9 million for a new line item, Capitol Police buildings and grounds. The budget also contains increases of $49.7 million (94.6%) for Capitol Power Plant improvements; and $15.8 million (72.5%) for Library of Congress buildings and grounds, partly for enhanced security.

Both houses passed their versions of the FY2003 bill last year. The House passed its version, H.R. 5121, on July 18, 2002, containing $2.67 billion (excluding Senate items) for legislative branch activities, an increase of $128.2 million (5.0%) over the FY2002 appropriation of $2.54 billion (excluding Senate items).

The Senate passed its version of H.R. 5121, amended to contain the language of S. 2720, on July 25. It contained $2.42 billion (excluding House items), an increase of $143.1 million (6.3%) over the FY2002 level of $2.28 billion (excluding House items).

H.R. 5121, as amended, died with adjournment of the 107th Congress in December 2002. During the first month of the 108th Congress, FY2003 legislative funding language was inserted in H.J.Res. 2 during Senate floor consideration. Upon Senate passage, H.J.Res. 2 was sent directly to conference.

<center>Key Policy Staff</center>

Area of Expertise	Name	CRS Division	Telephone and E-mail
Appropriations Process	Bill Heniff	GOV/FIN	[phone number scrubbed] [email address scrubbed]
Appropriations Process	[author name scrubbed]	GOV/FIN	[phone number scrubbed] [email address scrubbed]
Committee Funds	Paul Rundquist	GOV/FIN	[phone number scrubbed] [email address scrubbed]
Legislative Operations	Paul Dwyer	GOV/FIN	[phone number scrubbed] [email address scrubbed]
	Bill Heniff	GOV/FIN	[phone number scrubbed] [email address scrubbed]
	[author name scrubbed]	GOV/FIN	[phone number scrubbed] [email address scrubbed]
	Paul Rundquist	GOV/FIN	[phone number scrubbed] [email address scrubbed]

Division abbreviations: GOV/FIN = Government and Finance

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Most Recent Developments

On February 20, 2003, the President signed into law H.J.Res. 2, FY2003 Omnibus Appropriations Act, containing FY2003 legislative branch appropriations language (P.L. 108-7). The Senate adopted its version of the FY2003 language as an amendment introduced by Senator Ted Stevens on January 12, 2003. The Senate and conference versions of H.J.Res. 2 replaced versions of the FY2003 bill passed in 2002, and reflect reductions in compliance with the request of the White House.

FY2003 funds had been pending since the beginning of the fiscal year, October 1, 2002. In lieu of a FY2003 legislative funding bill, Congress passed eight continuing resolutions that together provided temporary funding at basically the FY2002 level from October 1 through February 20, 2003. Legislative branch operations were funded at the "rate of operations not to exceed the current rate." ⁽¹⁾

Introduction to the Legislative Branch Appropriations Bill

Congress changed the structure of the annual legislative branch appropriations bill in the FY2003 Act.

Prior to enactment of the FY2003 legislative appropriations bill, and effective in FY1978, the legislative branch appropriations bill was divided into two titles. Title I, Congressional Operations, contained budget authorities for activities directly serving Congress. Included in this title were 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, contained budgets for activities not directly supporting Congress. Included in this title were 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 bill contained additional titles for such purposes as capital improvements and special one-time functions.

In the 2003 bill, appropriations for legislative branch agencies are contained in one title, Title I. Title II now contains general administrative provisions, and appropriations for two activities, the John C. Stennis Center for Public Service Training and Development and the Congressional Award Act.

Figure 1 shows FY2002 appropriations as funded in Titles I and II. Title I budget authority was 69.9% of the total appropriation of $3.25 billion. Title II budget authority was 30.1% of the total appropriation. In addition, there was legislative budget authority that was not included in the annual legislative branch appropriations act. It included permanent budget authority for both federal funds and trust funds, and other budget authority. ⁽²⁾

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Note: Includes regular annual appropriations in P.L. 107-68; emergency response funds pursuant to P.L. 107-117; and FY2002 supplemental appropriation in P.L. 107-206.

Permanent federal funds are available as the result of previously enacted legislation and do not require annual action. ⁽³⁾

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. ⁽⁴⁾

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. ⁽⁵⁾

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Table 1. Legislative Branch Appropriations, FY1995 to FY2002
(budget authority in billions of current dollars)^a

FY1995	FY1996	FY1997	FY1998	FY1999	FY2000	FY2001	FY2002
2.378	2.184	2.203	2.288	2.581b	2.486c	2.730d	3.252e

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; (2) FY2001 supplemental appropriations of $118 million and a 0.22% across-the-board rescission contained in H.R. 5666, miscellaneous appropriations bill; and (3) FY2001 supplemental appropriations of $79.5 million contained in H.R. 2216 (P.L. 107-20). H.R. 5657 and H.R. 5666 were incorporated by reference in P.L. 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. This figure does not reflect any terrorism supplementals funds released pursuant to P.L. 107-38.

e. This figure contains regular annual appropriations in P.L. 107-68; transfers from the legislative branch emergency response fund pursuant to P.L.107-117; and FY2002 supplemental appropriations in P.L. 107-206.

Status of FY2003 Appropriations

Table 2. Status of Legislative Branch Appropriations, FY2003, P.L. 108-7 (H.J.Res. 2, 108th Congress)

Committee Markup		House Report	House Passage	Senate Report	Senate Passage	Conference Report	Conference Report Approval		Public Law
House	Senate						House	Senate
7/11/02	7/11/02	H.R. 5121 H.Rept. 107-576	7/18/02 (365-49)	S. 2720 S.Rept. 107-209	7/25/02 (85-14)	2/13/03a	2/13/03 (338-83)	2/13/03 (76-20)	P.L. 108-7

a. The conference report on H.J.Res. 2, FY2003 continuing appropriations resolution, was filed on February 13, 2003 (H.Rept. 108-10). Because a FY2003 legislative funding bill was not enacted prior to the adoption of H.J.Res. 2, Congress extended funding generally at the FY2002 level from October 1, 2002, through February 20, 2003, in a series of continuing resolutions. A conference report was not filed on the original FY2003 legislative branch bill, H.R. 5121, and the bill died upon adjournment of the 107th Congress. Early in the 108th Congress, the Senate amended H.J.Res. 2, the FY2003 continuing appropriations resolution, to include the Senate version of the FY2003 legislative branch appropriation. A conference on H.J.Res. 2 was held on February 10, 2003. H.J.Res. 2, referred to as the FY2003 omnibus appropriations resolution, also contains FY2003 appropriations for agencies included in 10 other appropriations bills not enacted during the 107th Congress.

Implications for Legislative Branch Operations of Continuing Appropriations Funding

The legislative branch operated under continuing resolutions between October 1, 2002 and February 20, 2003. ⁽⁶⁾ In general the resolutions continued operations at the enacted FY2002 level, including supplemental appropriations. ⁽⁷⁾ Limiting the funding level to the FY2002 rate could have adversely affected the legislative branch by delaying authorization and funding for new Capitol Police positions; ⁽⁸⁾ improvements in police training programs; establishment of new police recruitment and retention programs; availability of hazardous duty pay to the police; additional compensation for speciality assignments and proficiencies; authorization and funding for a full 9.1% pay increase for the Capitol Police in January 2003; and establishment of an alternative computing facility for the House, Senate, and other legislative branch activities. Also, the legislative branch would have had to absorb costs associated with implementation of the 3.1% pay increase that became effective in January 2003.

Action on the FY2003 Legislative Branch Appropriations Bill

Submission of FY2003 Budget Request. On February 4, 2002, the President submitted his FY2003 U.S. Budget, which contained a request prepared by legislative branch entities of $3.48 billion for activities funded in the annual legislative branch appropriations bill. Subsequently, the FY2003 request was revised by the legislative branch to $3.43 billion, a 5.3% increase over the FY2002 budget authority of $3.25 billion. ⁽⁹⁾

Hearings on FY2003 Budget Requests. The House Subcommittee on Legislative, Committee on Appropriations, held hearings on April 25, 2002, on FY2003 requests of the House of Representatives, Library of Congress, including the Congressional Research Service, Government Printing Office, and General Accounting Office. Hearings continued on April 25 on requests of the Architect of the Capitol and the Congressional Budget Office.

The Senate Subcommittee on Legislative Branch, Committee on Appropriations, held hearings on March 13 on FY2003 requests of the Library of Congress, including Congressional Research Service; on April 17 on requests of the Secretary of the Senate and Architect of the Senate; on May 1 on requests of the Senate Sergeant at Arms and Capitol Police; and on May 8 on budget proposals of the Government Printing Office, Congressional Budget Office, and General Accounting Office.

Passage of House Version, H.R. 5121 (107th Congress). The House version of the FY2003 bill, H.R. 5121, contained $2.67 billion (excluding Senate items), an increase of $128.2 million (5.0%) over FY2002's appropriation of $2.54 million (excluding Senate items).

Among issues raised during House floor consideration was language in an amendment offered by Representative James Moran to reduce the appropriation for the Joint Committee on Taxation by $590,000 until the Committee released a report on tax evasion by expatriates. The House rejected the amendment, 206-213.

Also, during consideration, a point of order was raised and sustained by the chair against language that would have consolidated the Capitol Police payrolls, replacing the current method by which some personnel are paid from the House payroll and others from the Senate payroll.

Among provisions of H.R. 5121, as passed by the House, were those to

• increase funds for the Capitol Police by $99.0 million (63.0%), from $157.2 million to $256.2 million;

• increase the pay of Capitol Police by 9.1%, including a 4.1% annual adjustment, and an additional 5% pay raise;

• increase Capitol Police personnel positions by 318, to 1,477;

• make the Capitol Police chief an ex-officio member of the Capitol Police Board. Currently, the Board is comprised of the House and Senate Sergeants at Arms and the Architect of the Capitol;

• provide an annual pay adjustment of 4.1% to House employees;

• fund the House at $960.4 million; Capitol Police at $256.2 million; Congressional Research Service at $86.2 million; Congressional Budget Office at $32.4 million; Library of Congress at $422.2 million; General Accounting Office at $453.5 million; and the Government Printing Office at $119.8 million; and

• fund the activities of the Architect of the Capitol at $303.1 million.

Limitation on Transfer of Appropriations. The House bill, as reported by the House Appropriations Committee, and passed by the House, contained a new provision to limit the transfer of appropriations in anticipation of the enactment of the proposed Department of Homeland Security. Although the impact of the provision is not entirely clear, it appears to have been included due to concerns about potential transfers of appropriations without additional approved in an appropriations act. Similar language is included in FY2003 House appropriations bills for other departments and agencies.

A transfer, a shifting of funds between appropriations, is not allowed without statutory authority (31 U.S.C. �1532). Section 308 of H.R. 5121 prohibits the transferring of any funds appropriated in the Act to any department, agency, or instrumentality of the United States government, except pursuant to a transfer made by, or transfer authority provided in, the Act or any other appropriation act. This provision appears prospectively to prohibit any transfer of funds pursuant to authority made by, or transfer authority provided in, any act other than an appropriation act such as an authorization act.

This prohibition also may have the effect of denying transfer of funds made available in the Legislative Branch Appropriations Act, FY2003, pursuant to authority currently granted by the Economy Act because it is not an appropriation act. Codified at Sections 1535 and 1536 of Title 31 of the United States Code, the Economy Act now allows an agency to transfer funds to another agency to acquire goods or services if an agency filling an order is able to provide or get by contract those goods or services and if they cannot be provided by contract as conveniently or as cheaply by a commercial enterprise. This language does not appear in the Senate version of H.R. 5121.

Passage of Senate Version, H.R. 5121, Amended to Contain the Language of S. 2720 (107th Congress). On July 25, the Senate passed H.R. 5121, amended to contain the provisions of S. 2720 (S.Rept. 107-209). The bill contained $2.42 billion (excluding House items), an increase of $163.8 million (7.3%) over the FY2002 level of $2.253 billion (excluding House items). Among its provisions were those to

• increase funds for the Capitol Police by $52.6 million (33.5%), from $157.2 million to $209.8 million;

• increase the pay of Capitol Police by 9.1%, including a 4.1% annual adjustment, and an additional 5% pay raise;

• increase Capitol Police personnel by 269 FTEs, to a total of 1,839 FTEs;

• merge the Library of Congress police with the Capitol police over 3 years;

• create the position of Deputy Architect of the Capitol as the chief operating officer for the Capitol complex;

• make up to $50 million available for an alternative computing facility for the House, Senate and other legislative branch entities, subject to a study by the Architect of the Capitol and approval by the Senate and House Appropriations Committees;

• direct the General Accounting Office to review printing and dissemination of Federal government information, particularly with respect to congressional printing and binding services of the Government Printing Office, the Federal Depository Library Program, and contracting of printing by the executive branch;

• fund the Senate at $672.6 million (with a $31.2 million increase primarily to fund a new security system, enhanced mail handling, and a new Office of Emergency Preparedness); Congressional Research Service at $87.0 million; Congressional Budget Office at $32.4 million; Library of Congress (excluding CRS) at $410.0 million; General Accounting Office $454.5 million; and the Government Printing Office at $122.5 million; and

• fund the Architect of the Capitol at $388.0 million (including renovations of the Capitol Power Plant).

Adoption of By the Senate of H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress). As adopted on January 23, 2003, the Senate version of H.J.Res. 2 (FY2003 continuing appropriations resolution) contained $2.34 billion for FY2003 legislative branch activities (excluding House items), an increase of 2.6% over FY2002's $2.28 billion. ⁽¹⁰⁾ H.J.Res. 2 also required an across the board reduction in FY2003 appropriations contained in the resolution, including those for the legislative branch. ⁽¹¹⁾

The FY2003 appropriation, as contained in the version of H.J.Res. 2 passed by the Senate, was 3.1% less than funding contained in the first version which it passed in the 107th Congress, H.R. 5121 (see discussion on bill below). The reduction was made in compliance with a request of the White House. The largest reduction was 16.9% for activities of the Architect of the Capitol.

During consideration of H.J.Res. 2, the Senate adopted amendment no. 165, on January 23, 2003, containing $157,500 for a new Office of President Pro Tempore Emeritus established by the amendment. ⁽¹²⁾

Adoption of Conference Report on H.J.Res. 2, FY2003 Omnibus Appropriations (P.L. 108-7). H.J.Res. 2, as adopted by the Senate, was sent directly to a conference committee, which issued its report on February 13 (H.Rept. 108-10). Both houses agreed to the conference version later that day, and the resolution was signed into law on February 20. P.L. 108-7 contains $3.36 billion for the legislative branch, subject to a rescission of 0.65% (Section 601, Division N, P.L. 108-7). On February 21, the Office of Management and Budget issued guidelines to government agencies on application of the rescission http://www.whitehouse.gov/omb/bulletins/b03-02.pdf.

Action on Second FY2002 Legislative Branch Supplemental Appropriation (H.R.4775; S. 2551; P.L. 107-206)

In July 2002, both houses agreed to a FY2002 supplemental appropriations bill, H.R. 4775, signed into P.L. 107-206 by the President on August 2, 2002, containing $25.2 million for the legislative branch and administrative provisions as follows:

• $16.1 million for the Capitol Police to meet expenses of computer equipment and services, training, communications, uniforms, weapons, and reimbursement for expenses related to anthrax detection and treatment to the Hazardous Substance Superfund of the Environmental Protection Agency;

• $1.6 million for the House of Representatives account "Salaries and expenses" in subaccount "Standing committees, special and select" to remain available through December 31, 2002; and

• $7.5 million for the Library of Congress account "Copyright Office, salaries and expenses" to meet a shortfall in copyright registration receipts due to delays in the receiving mail subsequent to the discovery of anthrax; the appropriation was contained in a request transmitted by the President to Congress on March 21, 2002; and

Among administrative provisions in the conference report are those to

• increase a Senator's Official Personnel and Office Expense Account by up to $20,000 to meet expenses directly related to the September 11 terrorist attacks, or to displacement due to anthrax detection, subject to certification by the Senator in a written request to the Secretary of the Senate no later than September 30, 2002;

• authorize the Architect of the Capitol to acquire buildings and facilities for use as computer backup facilities for legislative branch offices, subject to approval of the House Office Building Commission or the Senate Committee on Rules and Administration, or both if a joint facility; such property is to be considered part of the Capitol grounds and subject to regulations governing use of the grounds;

• establish a new account in the Treasury for the Architect of the Capitol titled, "Capitol police buildings," for maintenance, care, and operation of buildings of the Capitol Police; and

• authorize the Architect of the Capitol to acquire real property for use by the Capitol Police, subject to approval of the House Office Building Commission and the Senate Committee on Rules and Administration; such property is to be considered part of the Capitol grounds and subject to regulations governing use of the grounds.

House Version, H.R. 4775. The House passed H.R. 4775 (H.Rept. 107-480) on May 24, 2002, containing $25.2 million for the legislative branch in Chapter 9 as follows:

• $1.6 million for House committees;

• $7.5 million for the Copyright Office of the Library of Congress; and

• $16.1 million for the Capitol Police Board account in subaccount "General expenses" for computer equipment, training, communications, uniforms, weapons, and including $12.5 million for reimbursement to the Environmental Protection Agency, Hazardous Substance Superfund, for expenses of anthrax investigation and cleanup. However, availability of the $16.1 million appropriations was contingent upon the amount being included in an official budget request transmitted by the President to Congress. Further, the budget request must be designated by the President as an emergency requirement, as defined in the Balanced Budget and Emergency Deficit Control Act of 1985. Congress so designated the $16.1 million in H.R. 4775.

Among administrative provisions in H.R. 4775, as passed by the House, were those to

• establish a new account in the Treasury for the Architect of the Capitol titled, "Capitol police buildings," for maintenance, care, and operation of buildings of the Capitol Police;

• authorize the Architect of the Capitol to acquire real property for use by the Capitol Police, subject to approval of the House Office Building Commission and the Senate Committee on Rules and Administration; such property is to be considered part of the Capitol grounds and subject to regulations governing use of the grounds;

• authorize federal, state, and local government political leaders to participate in an exchange program with Russia to study Russian politics, business and other operations;

• direct the Librarian of Congress and the Director of the Congressional Research Service (CRS) to ensure that all CRS materials, including materials provided through electronic means, be provided to Members and congressional employees as currently provided at all other locations where Members and employees carry out official duties; and

• authorize the Architect of the Capitol to acquire buildings and facilities for use as computer backup facilities for legislative branch offices, subject to approval of the House Office Building Commission or the Senate Committee on Rules and Administration, or both if a joint facility; such property is to be considered part of the Capitol grounds and subject to regulations governing use of the grounds.

Senate Version, S. 2551. On June 7, the Senate passed H.R. 4775, amended to contain the language of S. 2551. The Senate version contained $11.1 million for the legislative branch in Chapter 9 as follows:

• $3.6 million for the Capitol Police Board subaccount "General expenses" for security equipment and installation, supplies, materials and contract services, to be disbursed by the Board or their designee; and

• $7.5 million for the Library of Congress account "Copyright Office, salaries and expenses."

Among general provisions in S. 2551, as passed, are those to

• increase a Senator's Official Personnel and Office Expense Account by up to $20,000 to meet expenses directly related to the September 11 terrorist attacks, or to displacement due to anthrax detection, subject to certification by the Senator in a written request to the Secretary of the Senate no later than September 30, 2002;

• grant the Capitol Police Board sole discretion in determining if employee bonuses will assist the Capitol Police in recruitment;

• authorize the Capitol Police to pay tuition allowances for payment or reimbursement of education expenses; and

• authorize the Architect of the Capitol to acquire buildings and facilities for use as computer backup facilities for legislative branch offices, subject to approval of the House Office Building Commission or the Senate Committee on Rules and Administration or both if a joint facility; such property is to be considered part of the Capitol grounds and subject to regulations governing use of the grounds.

Action on First Continuing Resolution (H.J.Res. 111; P.L. 107-229) with Provision Relating to the Government Printing Office

Congress inserted language in the first continuing resolution (H.J.Res. 111) prohibiting federal agencies from using funds made available in the Act (P.L. 107-229, September 30, 2002), or any other act, to pay for printing services provided by an entity other than the Government Printing Office (GPO). The language reflects a conflict between Congress and the Office of Management and Budget (OMB) over federal printing requirements. Current law requires that federal entities (other than the Supreme Court) procure printing through GPO. On May 3, 2002, the director of OMB issued a directive that federal agencies would no longer be required to use GPO for printing services. ⁽¹³⁾ According to the memorandum, the directive is based on a 1996 opinion of the Department of Justice that Congress could not constitutionally obligate executive agencies to use GPO for printing.

Action on Third Continuing Resolution (H.J.Res.122; P.L. 107-240) With Provisions Relating to the Government Printing Office and Gratuity Payment

Congress again added language to the third continuing resolution (H.J.Res. 122; P.L. 107-240, October 11, 2002) regarding federal printing requirements that (1) states the finding of Congress that law requires "all printing, binding, and blankbook work for Congress, the Executive Office, the Judiciary, other than the Supreme Court of the United States, and every executive department, independent office, and establishment of the government to be done at the Government Printing Office;" ⁽¹⁴⁾ and (2) prohibits the use of funds in this Act (P.L. 107-240), or any other act, to implement the May 3, 2002, directive of the director of OMB, which authorizes federal agencies to use printing sources other than GPO; and (3) prohibits the use of funds to pay for the printing of the U.S. Budget by a printing entity other than GPO.

The issue however remains unsettled. On October 22, 2002, the Department of Justice issued a memorandum restating the department's view that the requirement for federal agencies to procure printing only through GPO is unconstitutional. On November 14, 2002, the General Accounting Office (GAO) issued an opinion that federal agencies are prohibited from using funds to implement the May 3, 2002, directive of OMB, and that no funds are available in any act to pay for printing the U.S. Budget other than by GPO. Later in November, OMB formalized its position in the November 13 issue of the Federal Register, and issued solicitations for procurement of printing services for the FY2004 U.S. Budget.

The Act also contains a gratuity payment of $150,000 (equal to one year's salary) for the widower of the late Hon. Patsy Mink (Hawaii).

Elements That Congress Considered During Discussions on the FY2003 Bill

Discussions on the FY2003 bill included, among other issues, the following:

• funding increase for the activities of the Capitol Police;

• security enhancements within and around the Capitol complex;

• recruitment and retention of Capitol Police personnel;

• salary disbursing authority for Capitol Police officers;

• Library of Congress Police merger with Capitol Police; and

• construction of a new Capitol Police command center.

Capitol Complex Security - U.S. Capitol Police

⁽¹⁵⁾

Funding Issues. The U.S. Capitol Police is responsible for Capitol complex security, under the direction of the Capitol Police Board. The September 11, 2001 terrorist attacks and the subsequent discovery of anthrax in Capitol office buildings prompted enhanced security within and around the Capitol complex, and Congress has undertaken to strengthen the capabilities of the U.S. Capitol Police. To further support these abilities, Congress agreed to increase the Capitol Police budget by 17.6%, or $30.5 million, to $203.8 million from $173.3 million.

The Capitol Police appropriation is contained in two accounts--(1) the salaries account, which increased by $62.6 million (55.4%), to $175.7 million from $113.0 million, and (2) the general expenses account, which decreased $32.2 million (-53.4%), to $28.1 million from $60.3 million. This decrease is primarily due to the level of FY2002 funding, which contained two appropriations in addition to the regular appropriation--a transfer of $31.0 million from the legislative branch emergency response fund (pursuant to P.L. 107-117), and $16.1 million from a FY2002 supplemental (P.L. 107-206).

A separate appropriation under the account for the Architect of the Capitol contains $23.9 million for Capitol Police buildings and grounds.

FY2003 Capitol Police funding contains a 9.1% increase in police pay, and provisions provide for the merger of the Library of Congress police force with the Capitol Police force; expand authority for the Capitol Police chief to enhance police recruitment and retention (including provisions for hiring and relocation bonuses, establishment of a student loan repayment program, and authorization for training). The Act also contains language mandating a redefinition of the mission and composition of the Capitol Police Board.

Previously, in FY2002, Congress increased spending for the Capitol Police by $50.3 million, or 47.1%, over the FY2001 level for a total appropriation of $157.2 million for FY2002. ⁽¹⁶⁾ In addition, Congress authorized an additional 348 FTEs for a total of 1,750 FTEs in FY2002.

For FY2003, the Capitol Police requested $212.6 million, an increase of 35.3% over the FY2002 level, and an additional 60 FTEs. Of the $212.6 million, $184.5 million ⁽¹⁷⁾ was requested for Capitol Police salaries, an increase of 63.3% over the FY2002 level of $113.0 million. The increase largely was intended for additional officers and civilian personnel and a pay raise for sworn officers. In addition, during FY2003, the Capitol Police anticipated the need to replace approximately 100 officers who normally leave the force each year through attrition. ⁽¹⁸⁾ According to the Capitol Police, the increased FTE level was to allow for

• two officers at each post - one to operate and monitor security equipment and one to act as an observer;

• staff of the new Office of Emergency Management;

• staff of a chemical/biological strike team;

• additional sworn and civilian personnel for uniformed services, intelligence, and dignitary protection; and

• administrative support for increased Capitol Police personnel. ⁽¹⁹⁾

The U.S. Capitol Police requested $28.1 million for general expenses, a reduction of 36.4% from the FY2002 level of $44.2 million. The FY2002 appropriations includes a transfer of $31 million from the emergency response fund (P.L. 107-38) for immediate security enhancements undertaken by the Capitol Police in the aftermath of the September 11, 2001 terrorist attacks. Without the $31 million supplemental, the FY2003 request for general expenses would have been an increase of 113.8% over the base level of $13.2 million. The increase was largely intended for

• additional training programs for police and civilian personnel;

• implementation of a response strike force for a chemical, biological, or radiological incident;

• increases in protective service travel;

• a new mobile command center;

• expansion of the information technology infrastructure;

• staff recruitment, including incentives and promotional testing;

• additional requirements for weapons, ammunition, and range facilities; and

• additional cell phones, workstations and other communications equipment. ⁽²⁰⁾

New Account Structure for the Capitol Police in the FY2003 Bills. Both houses moved the Capitol Police account for (1) salaries and (2) general expenses from the Joint Items account to a stand-alone Capitol Police account. Additionally, both houses authorized a new account for Capitol Police buildings and grounds within the appropriation for the Architect of the Capitol.

House and Senate FY2003 Appropriations for the Police. The total appropriation for all three appropriations in the House bill was $256.2 million, an increase of $99.0 million (63.0%) over the FY2002 appropriations of $157.2 million. The Senate total was $209.8 million, an increase of $52.6 million (33.5%). The major differences were funding levels for (1) general expenses ($43.0 million in the House bill; $33.6 million in the Senate version) and (2) Capitol Police buildings and grounds ($37.5 million in the House bill; $1.5 million in the Senate version).

H.R. 5121 contained $175.7 million, an increase of 55.5%, for the salaries of 1,454 sworn officers and 326 civilians. This reflected an increase of 288 sworn officers and 30 civilians over current levels.

The Senate-adopted bill (H.R. 5121, amended to contain the language of S. 2720) contained $176.6 million, an increase of 56.3%, for the salaries of a total of 1,839 FTEs. This was an increase of 269 FTEs over the FY2002 level. Both appropriations measures accommodated a 9.1% pay raise for U.S. Capitol Police officers, which included a cost-of-living-adjustment of 4.1% and a comparability pay adjustment of 5.0%.

For general expenses of the Capitol Police, the House approved $43 million for FY2003, which represented an increase of 225.8% over the FY2002 base level of $13.2 million. ⁽²¹⁾ In contrast, the Senate approved $33.2 million for general expenses. This figure represented an increase of 151.5% from the FY2002 base level. The committee report accompanying the Senate bill stated: "The amount recommended is needed primarily to support the significant increase in staffing as well as an increase in training." ⁽²²⁾

For Capitol Police buildings and grounds, the House approved $37.5 million, and the Senate approved $1.5 million.

Policy Issues. According to the U.S. Capitol Police, the recruitment and retention of qualified personnel to meet the additional demands has been a tremendous challenge. During a hearing before the Senate Appropriations Subcommittee on Legislative Branch on May 1, 2002, Acting Chief Robert R. Howe testified that the Capitol Police "are losing officers to other law enforcement agencies at an increasing rate. Likewise, we are competing against those same agencies to attract qualified personnel to increase the staffing level and overcome attrition."

Recognizing these challenges, Congress last year authorized the Capitol Police to institute a number of recruitment and retention incentives. Section 909 of the Emergency Supplemental Act, 2002 (Division B of P.L. 107-117, 115 Stat. 2320-2322) authorizes the Capitol Police Board and the Capitol Police Chief to provide several types of financial incentives for the recruitment and retention of officers and employees of the Capitol Police.

The House and Senate versions of the FY2003 legislative branch appropriations bill, H.R. 5121, contained several administrative provisions related to such incentives. ⁽²³⁾ First, both bills included similar provisions to give the Capitol Police chief the sole discretion in determining recruitment and retention bonuses and add a tuition reimbursement program to the types of incentives the chief could offer.

Second, both bills contained similar provisions to provide the chief with other tools that were intended to augment personnel recruitment and retention. Some of these include the authority to establish specialty positions and pay, provide availability pay to officers, and compensate newly-appointed officers at a rate above the minimum base rate. The House bill also authorized the chief to establish a program to recruit former military and law enforcement personnel without regard to age and provide overtime compensation to officers at ranks above lieutenant. The Senate bill required the chief to recruit personnel for the Capitol Police without regard to age.

The House Appropriations Committee-reported measure contained a provision (Section 110 of H.R. 5121) transferring the disbursing authority for salaries of the Capitol Police to the chief. Currently, salaries of Capitol Police officers assigned to the House are disbursed by the House Chief Administrative Officer, and salaries of officers assigned to the Senate are disbursed by the Secretary of the Senate. The Committee-reported provision would have consolidated these payrolls. However, during consideration of the bill on the House floor on July 18, 2002, Representative Robert Ney raised a point of order against the provision on the grounds that it violated clause 2 of House Rule XXI by changing existing law. ⁽²⁴⁾ After the chair sustained the point of order, the provision was stricken from the bill. ⁽²⁵⁾

Identical language consolidating the Capitol Police payrolls was added to the Senate version of the legislative branch appropriations bill by a manager's amendment (S.Amdt. 4320), approved by unanimous consent on July 25, 2002.

Finally, the Senate bill contained an administrative provision (Section 108 of S. 2720) to transfer the personnel and functions of the Library of Congress Police to the U.S. Capitol Police. Last year, the Senate Appropriations Committee requested the General Accounting Office (GAO) to conduct an evaluation on the feasibility of consolidating the Library of Congress Police or the Government Printing Office Police or both with the Capitol Police. ⁽²⁶⁾ On July 5, 2002, the GAO issued its completed evaluation, U.S. Capitol Police Merger Review (GAO-02-792R), finding that a merger of the police forces would be feasible. The merger provision was retained by conferees on H.J.Res. 2.

Capitol Complex Security - Status of Funds for the Capitol Visitors' Center

Although the FY2003 request does not contain funds for the Capitol visitors' center, the center will play an important role in Capitol security. Conferees on the FY2002 legislative branch appropriations bill agreed to add $70 million for the Capitol visitors' center, reflecting a heightened interest by some Members of Congress in making the necessary appropriations available so that construction on the center could begin in early calendar year 2002. During mark up of the FY2002 bill by the Senate Appropriations Committee, committee members agreed to an amendment containing $1 million for the "planning, engineering, design, and construction" of the center the purpose of 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 contained (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. ⁽²⁷⁾

Congressional leadership broke ground for the center on June 20, 2000. Construction began in early 2002 and is expected to be completed in 2005. ⁽²⁸⁾ Cost is estimated to be approximately $335 million.

Architect of the Capitol Operations

Architect of the Capitol Funding. Conferees agreed to a FY2003 funding level of $395.4 million, an increase of $40.4 million (11.4%) from $355.0 million. Operations of the Architect of the Capitol are funded in nine accounts. These accounts and their increases are

• general administration (15.5%);

• Capitol building (-73.6%) ⁽²⁹⁾;

• Capitol grounds (39.1%);

• Senate office buildings (54.0%);

• House office buildings (12.9%);

• Capitol power plant (94.5%);

• Library buildings and grounds (72.5%);

• Capitol buildings and grounds (100.0%); and,

• Botanic Gardens (8.1%).

From time to time, other projects of the Architect may be funded in separate accounts, as was the case in FY2002, which included $70.0 million for the Capitol Visitors' Center and $1.3 million for the Congressional Cemetery.

The FY2003 request for activities of the Architect was $409.4 million, an increase of $55.0 million (15.5%) from FY2002.

Among the Architect's requests were funds for 43 currently unfunded FTEs ($3.2 million), and a total FTE level of 1,958; and 115 projects that were contained in the Architect's "capital budget," which primarily funds maintenance projects. Seven projects account for $67 million, or 65%, of the request. These include funds for 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); constructing a new Library of Congress audio visual conservation center in Culpepper Virginia ($5 million); renovations to the Rayburn office building cafeteria ($3.5 million); designing and purchasing land for a vehicle maintenance facility for the Capitol police ($3.3 million); modernizing House building elevators ($3 million); and preparing construction drawings for a garage adjacent to Capitol police headquarters ($3 million).

House and Senate Committee Funding

House Committee Funding. H.J.Res. 2 contains $127.6 million for committee operations, a decrease of $1.5 million (1.2%) over the FY2002 appropriation of $129.1 million.

Funding for House committees is contained in the appropriation heading "committee employees" that comprises two subheadings. The first subheading contains funds for personnel and non-personnel expenses of House committees, except the Appropriations Committee, as authorized by the House in a committee expense resolution. This appropriation is $103.4 million, a decrease of $1.1 million (-1.1%) over the FY2002 appropriation of $104.5 million.

The second subheading contains funds for the personnel and non-personnel expenses of the Committee on Appropriations. The FY2003 appropriation is $24.2 million, an increase of $1.2 million (5.2%) over the FY2002 appropriation of $23.0 million.

Senate Committee Funding. P.L. 108-7 contains $120.7 million for committee operations, an increase of $3.6 million (3.1%) over the FY2002 appropriation of $117.1 million. Appropriations for Senate committees are contained in two Senate accounts. The "Inquiries and Investigations" account contains $ 109.5 million for Senate committees, except the Appropriations Committee, an increase of $2.2 million, from $107.3 million. The Appropriations Committee appropriation is $11.3 million, an increase of $1.4 million over the FY2002 level of $9.9 million.

Support Agency Funding

Congressional Budget Office. P.L. 108-7 contains $32.1 million for the Congressional Budget Office (CBO), an increase of $1.3 million, or 4.3%, over the agency's FY2002 funding level of $30.8 million. Administrative language authorizes the director of CBO to establish a program which allows CBO employees to participate in details or other temporary assignments in other government agencies, or studies, or uncompensated work experiences that CBO considers would benefit employees' future work at CBO.

The agency's request contained authorization for four additional FTE positions, increasing the FTE level to 236, allowing CBO to expand its visiting scholars' program, ⁽³⁰⁾ and a request to change its legislative authority in order to offer advanced staff training through study and work experiences in both government and private sectors, in subject areas in which the agency had difficulty recruiting.

According to the director of CBO in recent testimony, the agency's budget "continues to be driven by the need to be competitive in a specialists labor market, with nearly all of the increase going to mandatory increases in personnel costs."

General Accounting Office. Congress appropriated $451.1 million for the General Accounting Office (GAO), which is a $21.7 million (5.1%) increase from FY2002's funding level of $429.4 million. The House version of H.R. 5121 (107th Congress) contained $453.5 million, and the Senate version $454.5 million.

General Accounting Office (GAO) requested $454.8 million for FY2003, an increase of $25.4 million (5.9%) over FY2002. Funding for FY2002 was $429.4 million, and included $7.6 million in 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 agency's request allowed it to maintain the authorized FTE level of 3,269. According to GAO, 80% of its FY2003 budget request was for pay and related benefits, with emphasis on staff training, recruiting, and retention, including mass transit subsidies and a new student loan repayment program. ⁽³¹⁾

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Library of Congress. Conferees on H.J.Res. 2 agreed to $499.3 million for the Library of Congress (LOC), an increase of $10.1 million (2.1%) over FY2002's level of $489.2 million. An additional $29.5 million is available to the Library through congressional authorization to use receipts collected by the Copyright Office. Funds are distributed among four accounts as follows:

• $351.6 million for salaries and expenses of the Library, including $17.2 million for the digital futures program, and authorization for 2,841 FTE staff;

• $9.7 million for the Copyright Office, including authorization for 530 FTEs;

• $87.0 million for the Congressional Research Service (CRS), including authorization for 742 FTEs; and

• $51.0 million for books for the blind and physically handicapped, including 128 FTEs.

Included among major elements of the Library's request were mandatory increases in pay and related expenses and price-level increases ($21.6 million); an increase for the Library's digital futures initiatives ($16.5 million); an increase in collections access, preservation, and security ($8.7 million); and an increase in infrastructure support ($5.3 million). The Library requested 169 additional FTE positions, as follows: 35 for digital futures, 118 for collections access, preservation and security, 4 for infrastructure support, and 12 for CRS, for a new authorized FTE level of 4,358. ⁽³²⁾

The Librarian of Congress also requested an additional $7.5 million in FY2002 funds for the Copyright Office to meet the shortfall in copyright registration receipts due to delays in the receiving mail. These funds were contained in the FY2002 Supplemental Appropriation Act (P.L. 107-206).

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Government Printing Office. P.L. 108-7 contains $119.8 million for the Government Printing Office (GPO), an increase of $5.2 million (4.5%) from the previous year's appropriation of $114.6 million. Funds are appropriated in two accounts--"Congressional Printing and Binding" and "Office of Superintendent of Documents." From time to time, a third account is funded, "Government Printing Office Revolving Fund." Although Congress transferred $4.0 million to this account for FY2002, it did not provide for the transfer of fund in FY2003.

The FY2003 increase is primarily due to congressional printing and binding expenses, an increase of $9.1 million (11.3%) to $90.1 million from $81.0 million. Funds for the Office of Superintendent of Documents increased $22,000 (0.07%) to $29.7 million from $29.6 million.

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Table 3. Legislative Branch Appropriations, FY2003 (H.R.5121 and S. 2720 (107th Congress); H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress))
(in thousands of current dollars)

<center>Conference figures do not reflect a 0.65% across the board rescission contained in</center> H.J.Res. 2

Entity	FY2002 Enacteda	FY2003 Requested	FY2003 House Bill, As Passed	FY2003 Senate Bill, As Passed	FY2003 Senate Version of H.J.Res. 2	FY2003 Conf. on H.J.Res. 2	FY2003 Total (regular annual and supplemental, if any)
Title 1: Congressional Operations
Senate	$641,385	$683,300	$0	$672,593	$667,788	$667,788
House of Representatives	921,507	949,642	960,406	-	-	956,086
Joint Items	14,914	15,993	17,046	17,046	17,046	17,366
Capitol Policeb	173,290c	212,626	256,175	209,803	203,775	203,775
Office of Compliance	2,059	2,224	2,059	2,224	2,059	2,059
Congressional Budget Office	30,780	32,390	32,390	32,390	32,101	32,101
Architect of the Capitol, excluding Library Buildings/Grounds, Botanic Garden, Congressional Cemetery, and Capitol Visitors' Center	327,593	364,007	267,747g	349,849h	290,850h	351,810
Congressional Research Service, Library of Congress	81,454	87,646	86,241	86,952	86,952	86,952
Congressional Printing and Binding, Government Printing Office	81,000	90,143	90,143	90,143	90,143	90,143
U.S. Capitol Historical Society, grant by transfer from Legislative Emergency Response Fund (P.L. 107-117)	1,000	0	0	0	0	0
Subtotal, Title 1	2,274,982	2,457,971	1,712,207f	1,461,000g	1,390,714g	2,408,080
Title II: Other Legislative Agencies
Botanic Garden	5,646	5,661	5,936	6,083	6,103	6,103
Library of Congress, except Congressional Research Service	407,709d	424,088	422,243	409,968	412,301	412,301
Architect of the Capitol, Library Buildings and Grounds	21,753	40,284	35,319	38,121	37,521	37,521
Architect of the Capitol, Congressional Cemetery	1,250	0	0	0	0	0
Architect of the Capitol, Capitol Visitor's Center	70,000	0	0	0	0	0
Government Printing Office, except Congressional Printing and Binding	33,639e	32,302	29,661	32,302	29,661	29,661
Transfer to Government Printing Office Revolving Fund from Leg. Br. Emerg. Response Fund (P.L.107-117)	(4,000)	-	-	-	-	-
General Accounting Office	429,444	454,802	453,534	454,534	451,134	451,134
Transfer from Leg. Br. Emerg. Response Fund (P.L. 107-117)	(7,600)	-	-	-	-	-
Open World Leadership Center Trust Fund (formerly the Center for Russian Leadership Development	8,000	10,000	13,000	13,000	13,000	13,000
US-China Economic and Security Review Commission	-	-	-	1,800	1,800	-h
Stennis Center for Public Service	-	-	-	300	300	300
Congressional Arts Award	-	-	-	-	250	250
Subtotal, Title II	977,441	967,137	959,693	956,108	952,070	950,270
Grand Total	3,252,423	3,425,108	2,671,900 f	2,417,108g	2,342,634g	3,358,350

Source: House Committee on Appropriations (Rep. C.W. Bill Young, remarks in the House, Congressional Record, daily edition, vol. 149, February 13, 2003, pp. H620-H626).

Notes: The account structure is changed in the FY2003 legislative branch bill. Accounts are contained in one title, instead of two titles. For purposes of comparison with FY2002 funding, this table follows the FY2002 format.

a. FY2002 funds are those contained in (1) the FY2002 Legislative Branch Appropriations Act (P.L. 107-68); (2) transfers from the Legislative Branch Emergency Response Fund, pursuant to the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (P.L. 107-117, in Division B, chapter 9); and (3) the FY2002 Supplemental Appropriation Act (P.L. 107-206).

b. This is a new account, effective with the FY2003 legislative branch appropriation bill. Previously, Capitol Police appropriations were contained in the Joint Items account of the bill.

c. FY2002 figure contains $31 million by transfer pursuant to legislative branch emergency response fund (P.L. 107-117) and $16.1 million pursuant to FY2002 Supplemental Appropriation Act (P.L. 107-206).

d. FY2002 figure contains $29.615 by transfer from the legislative branch emergency response fund (P.L. 107-117) and $7.5 million pursuant to the FY2002 Supplemental Appropriation Act (P.L. 107-206).

e. FY2002 figure contains $7.6 million by transfer from the legislative branch emergency response fund (P.L. 107-117).

f. This figure does not contain appropriations for Senate office buildings.

g. This figure does not contain appropriations for House office buildings.

h. Funding for the commission was originally contained in the Senate version of H.R. 5121, FY2003 legislative branch appropriations bill (107th Cong.) and in the Senate version of H.J.Res. 2, FY2003 omnibus appropriations resolution (108th Cong.). Conferees on H.J.Res. 2 moved funding for the Commission (the Senate-passed appropriation of $1.8 million) from the legislative branch funding section (Division H) of H.J.Res. 2 to another section of the resolution relating solely to the Commission (Division P).

Table 4. Capitol Police Appropriations, FY2003 (H.R.5121 and S. 2720 (107th Congress); H.J.Res.2, FY2003 Omnibus Appropriations (108th Congress))
(in thousands of current dollars)

<center>Conference figures do not reflect a 0.65% across the board rescission contained in H.J.Res. 2. </center> <center>

Accounts	FY2002 Enacteda	FY2003 Request	FY2003 House Bill, As Passed	FY2003 Senate Bill, As Passed	FY2003 Senate Version of H.J.Res. 2	FY2003 Conf. on H.J.Res. 2	FY2003 Total (regular annual and supplemental, if any)
Salaries (subtotal)	$113,044	$184,526	$175,675	$176,636	$175,675	$175,675
Sergeant at Arms of the House	55,239	-	-	-	-	-
Sergeant at Arms of the Senate	57,805	-	-	-	-	-
General Expenses (subtotal)	44,146	28,100	43,000	33,167	28,100	28,100
General Expenses	13,146	28,100	43,000	33,167	28,100	28,100
By transfer - Legislative Branch Emergency Response Funds (P.L. 107-117)	31,000	0	0	0	0	0
By transfer - FY2002 Supp. (P.L. 107-206)	16,100	0	0	0	0	0
Capitol Police Buildings and Grounds, Architect of the Capitol	-	-	37,500	-b	-c	-c
Total, Capitol Police	173,290	212,626	256,175	209,803	203,775	203,775

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Source: House Committee on Appropriations (Rep. C.W. Bill Young, remarks in the House, Congressional Record, daily edition, vol. 149, February 13, 2003, pp. H620-H626).

Notes:

a. FY2002 funds are those contained in (1) the FY2002 Legislative Branch Appropriations Act (P.L. 107-68); (2) transfers from the Legislative Branch Emergency Response Fund, pursuant to the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (P.L. 107-117, in Division B, chapter 9); and (3) the FY2002 Supplemental Appropriation Act (P.L. 107-206).

b. S. 2720 contained $1.5 million for Capitol police buildings and grounds in the budget of the Architect of the Capitol.

c. H.J.Res. 2 contains $23.9 million for Capitol police buildings and grounds in the budget of the Architect of the Capitol.

Table 5. Architect of the Capitol Appropriations, FY2003 (H.R.5121and S. 2720 (107th Congress); H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress))
(in thousands of current dollars)

<center>Conference figures do not reflect a 0.65% across the board rescission contained in H.J.Res. 2.</center>

Accounts		FY2002 Enacteda	FY2003 Request	FY2003 House Bill, As Passed		FY2003 Senate Bill, As Passed	FY2003 Senate Version of H.J.Res. 2	FY2003 Conf. on H.J.Res. 2	FY2003 Total (regular annual and supplemental, if any)
Title 1 - Capitol Buildings and Grounds
General Admin., Salaries/Expenses		$51,371	$64,151	$61,927		$108,743	$59,343	$59,343
Capitol Buildings (subtotal)		121,498	46,789	32,062		28,729	32,094	32,094
Capitol Buildings		15,194	46,789	32,062		28,729	32,094	32,094
	By transfer from leg. br. emerg. response fund (P.L. 107-117)	106,304	0		0	0	0	0
Capitol Grounds		6,009	7,711	8,125		7,155	8,356	8,356
Senate Office Buildings		42,126	55,103	-		60,075	64,871	64,871
House Office Buildings		54,006	46,650	58,460		-	-	60,960
Capitol Power Plant		52,583	143,603	107,173		143,647	102,286	102,286
Capitol Police Buildings/Groundsb		0	0	-c		1,500	23,900	23,900
Total Title 1		327,593	364,007	267,747		349,849	290,850	351,810
Title II - Library of Congress Buildings and Grounds and Other
Library Buildings and Grounds, Structural and Mechanical Care		21,753	40,284	35,319		38,121	37,521	37,521
Capitol Visitors Center		70,000	0	0		0	0	0
Congressional Cemetery		1,250	0	0		0	0	0
Total Title II		93,003	40,284	35,319		38,120	37,521	37,521
Total, Architect of the Capitol d		420,596	404,291	303,066		387,969	328,371	389,331

Source: House Committee on Appropriations (Rep. C.W. Bill Young, remarks in the House, Congressional Record, daily edition, vol. 149, February 13, 2003, pp. H620-H626).

Notes:

a. FY2002 funds are those contained in (1) the FY2002 Legislative Branch Appropriations Act (P.L. 107-68); (2) transfers from the Legislative Branch Emergency Response Fund, pursuant to the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (P.L. 107-117, in Division B, chapter 9); and (3) the FY2002 Supplemental Appropriation Act (P.L. 107-206).

b. Both House and Senate FY2003 bills contained a new appropriation heading in the account of the Architect of the Capitol for Capitol Police buildings and grounds. The House-passed bill (H.R. 5121) listed these funds under the Capitol Police account. The Senate-passed bill (H.R. 5121, amended to contain the language of S. 2720) listed these funds under the Architect of the Capitol account.

c. H.R. 5121 contained $37.5 million for Capitol police buildings and grounds which was listed under the Capitol Police account.

d. Total figures do not contain appropriations for the Botanic Garden. Although the Garden is administered by the Architect of the Capitol, the Garden was funded until the FY2003 resolution (H.J.Res. 2) in a separate account in Title II of the Legislative Branch Appropriations Act.

Table 6. Senate Appropriations, FY2003 (S.2720 (107th Congress); H.J.Res.2, FY2003 Omnibus Appropriations (108th Congress))
(in thousands of current dollars)

<center>Conference figures do not reflect a 0.65% across the board rescission contained in H.J.Res. 2.</center>

Accountsa	Enacted FY2002b	FY2003 Request	FY2003 House, As Passed	FY2003 Senate, As Passed	FY2003 Senate Version of H.J.Res. 2, As Passed	FY2003 Conf. on H.J.Res. 2	FY2003 Total (regular annual and supplemental, if any)
Payment - Heirs of Deceased Members	$0	$0	$0	$0	$150	$150
Expense Allowances and Representation	92	92	-	140	158	158
Salaries, Officers, and Employees	104,039	119,671	-	118,391	117,041	117,041
Office of Legislative Counsel	4,306	4,581	-	4,581	4,581	4,581
Office of Legal Counsel	1,109	1,176	-	1,176	1,176	1,176
Expense Allowances for Secretary of Senate, et al.	12	12	-	12	12	12
Contingent Expenses (subtotal)	531,827	557,768	-	548,293	544,670	544,670
Inquiries and Investigations	107,264	109,450	-	109,450	109,450	109,450
Senate Intl. Narcotics Caucus	520	520	-	520	520	520
Secretary of the Senatec	8,571	7,077	-	7,077	7,077	7,077
Sgt. at Arms/Doorkeeperd	95,904	117,133	-	117,433	114,423	114,423
Sgt. at Arms/Doorkeeper, Emergency Supplemental	34,500	0	-	0	0	0
Miscellaneous Items	14,274	19,409	-	18,513	18,355.5	18,355.5
Senators' Official Personnel and Office Expense Account	270,494	303,879	-	295,000	294,545	294,545
Official Mail Costs	300	300	-	300	300	300
Total, Senate	641,385	683,300	-	672,593	667,788	667,788

Source: House Committee on Appropriations (Rep. C.W. Bill Young, remarks in the House, Congressional Record, daily edition, vol. 149, February 13, 2003, pp. H620-H626).

Notes:

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

b. FY2002 funds are those contained in (1) the FY2002 Legislative Branch Appropriations Act (P.L. 107-68); and (2) transfers from the Legislative Branch Emergency Response Fund, pursuant to the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (P.L. 107-117, in Division B, chapter 9).

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

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

Table 7. House of Representatives Appropriations, FY2003 (H.R.5121 (107th Congress); H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress))
(in thousands of current dollars)

<center>Conference figures do not reflect a 0.65% across the board rescission contained in H.J.Res. 2. </center>

Accountsa	Enacted FY2002b	FY2003 Request	FY2003 House, As Passed	FY2003 Senate, As Passed	FY2003 Senate Version of H.J.Res. 2	FY2003 Conf. on H.J.Res. 2	FY2003 Total (regular annual and supplemental, if any)
Payments to Widows and Heirs of Deceased Members of Congress	$145	$0	$0	$0	$0	$0
Salaries and Expenses, Total	921,362	949,642	960,406	-	-	956,086
House Leadership Offices	15,910	16,530	16,530	-	-	16,530
Members' Representational Allowancesc	479,472	483,536	476,536	-	-	476,536
Committee Employees (subtotal)d	129,116	132,941	132,941	-	-	127,621
Standing Committees, Special and Select, except Appropriations	104,514	108,741	108,741	-	-	103,421
Standing Committees, FY2002 Supplemental (P.L. 107-206)	1,600	-	-	-	-	-
Appropriations Committee	23,002	24,200	24,200	-	-	24,200
Salaries, Officers, and Employees (subtotal)	143,478	140,263	151,027	-	-	152,027
Office of the Clerk	15,408	17,530	20,032	-	-	20,032
Office of the Sergeant at Arms	4,139	4,732	5,097	-	-	5,097
Office of Chief Administrative Officer	67,495	99,863	104,363	-	-	105,363
Office of Chief Administrative Officer by transfer from the Legislative Branch Emergency Response Fund (P.L. 107-117)	41,712	0	0	-	-	0
Office of Inspector General	3,756	3,947	3,947	-	-	3,947
Office for Emergency Planning, Preparedness, and Operations	-	2,603	6,000	-	-	6,000
Office of General Counsel	894	894	894	-	-	894
Office of the Chaplain	144	149	149	-	-	149
Office of the Parliamentarian (subtotal)	1,344	1,464	1,464	-	-	1,464
Office of the Parliamentarian	(1,168)	(1,279)	(1,279)	-	-	(1,279)
Compilation of House Precedents	(176)	(185)	(185)	-	-	(185)
Office of the Law Revision Counsel	2,107	2,168	2,168	-	-	2,168
Office of the Legislative Counsel	5,456	5,852	5,852	-	-	5,852
Corrections Calendar Office	883	915	915	-	-	915
Other Authorized Employees: Technical Assistants, Office of Attending Physician	140	146	146	-	-	146
Allowances and Expenses (subtotal)	157,436	176,372	183,372	-	-	183,372
Supplies, Materials, Administrative Costs and Federal Tort Claims	3,379	3,384	3,384	-	-	3,384
Official Mail for committees, leadership, administrative and legislative offices	410	410	410	-	-	410
Government Contributions	152,957	171,888	178,888	-	-	178,888
Miscellaneous Items	690	690	690	-	-	690
Undistributed Reduction	-4,050	0	0	-	-	0
House of Representatives, Total	921,507	949,642	960,406	-	-	956,086

Sources: House Committee on Appropriations (Rep. C.W. Bill Young, remarks in the House, Congressional Record, daily edition, vol. 149, February 13, 2003, pp. H620-H626).

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

b. FY2002 funds are those contained in (1) the FY2002 Legislative Branch Appropriations Act (P.L. 107-68); and (2) transfers from the Legislative Branch Emergency Response Fund, pursuant to the FY2002 Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks (P.L. 107-117, in Division B, chapter 9).

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

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

Table 8. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-2002
(Does not include permanent budget authority; in thousands of current dollars)

<center>

	FY1995	F Y1996b	FY1997	FY1998	FY1999c	FY2000j	FY2001k	FY2002
Title I: Congressional Operationsa
Senate	460,581	426,919	441,208	461,055	474,891d	487,370	522,023	641,385
House of Representatives	728,736	670,561	684,098	709,008	740,481e	757,993	830,449	921,507
Joint Items	85,489	81,839	88,581	86,711	204,916f	100,854	121,860	188,204
Office of Compliance	0	2,500	2,609	2,479	2,086	1,992	1,851	2,059
Office of Technology Assessment	21,320	6,115	-	-	-	-	-	-
Congressional Budget Office	23,001	24,288	24,532	24,797	25,671	26,121	28,430	30,780
Architect of the Capitol, except Library Buildings and Grounds	157,190	142,970	140,674	192,156	289,746g	213,474	194,813	327,593
Congressional Research Service, Library of Congress	60,084	60,084	62,641	64,603	67,124	70,973	73,430	81,454
Congressional Printing and Binding, Government Printing Office	84,724	83,770	81,669	81,669	74,465	73,297	81,205	81,000
U.S. Capitol Historical Society	-	-	-	-	-	-	-	1,000
Total, Title I	1,621,125	1,499,046	1,526,012	1,622,478	1,879,380	1,732,211	1,854,061	2,274,982
Title II: Other Agenciesa
Botanic Garden	3,230	3,053	36,402	3,016	3,052	3,438	3,321	5,646
Library of Congress, except CRS	262,866	264,616	269,117	282,309	296,516	323,380	438,297	407,709
Architect, Library Buildings and Grounds	12,483	12,428	9,753	11,573	13,672h	19,857	15,935	21,753
Architect, Capitol Visitors Center	-	-	-	-	-	-	-	70,000
Architect, Cong. Cemetery	-	-	-	-	-	-	-	1,250
Government Printing Office, except Congressional Printing and Binding	31,607	30,307	29,077	29,077	29,264	29,872	33,893	33,639
General Accounting Office	446,743	374,406	332,520	339,499	359,268i	377,561	384,020	429,444
Center for Russian Leadership Development	-	-	-	-	-	-	-	8,000
Total, Title II	756,929	684,810	676,869	665,474	701,771	754,108	875,466	977,441
Grand Total	2,378,054	2,183,856	2,202,881	2,287,952	2,581,152	2,486,319	2,729,527	3,252,423

</center>

Sources: Budget authorities for FY1995-FY2002 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.

The legislative branch appropriations acts do not contain permanent federal funds or permanent trust funds. Permanent federal funds were: FY1995, $343,000; FY1996, $302,000; FY1997, $325,000; FY1998, $333,000; FY1999, $358,000; and FY2000, $279,000. Permanent trust funds were: 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.

Notes:

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 FY2001 legislative branch appropriations bill, H.R. 4516, was vetoed Oct. 30, 2000.

Table 9. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-FY2002
(Does not include permanent budget authority; in thousands of constant 2002 (est.) dollars)

	FY1995	FY1996b	FY1997	FY1998	FY1999c	FY2000j	FY2001k	FY2002
Title I: Congressional Operationsa
Senate	549,473	494,372	499,448	514,076	518,106	514,176	535,596	641,385
House of Representatives	869,382	776,510	774,399	790,544	807,865	799,683	852,041	921,507
Joint Items	101,988	94,770	100,274	96,683	223,563	106,401	125,029	188,204
Office of Compliance	-	2,895	2,953	2,764	2,276	2,102	1,900	2,059
Office of Technology Assessment	25,435	7,081	-	-	-	-	-	-
Congressional Budget Office	27,440	28,126	27,770	27,649	28,007	27,558	29,170	30,780
Arch. of the Capitol, except Library Buildings and Grounds	187,528	165,559	159,243	214,254	316,113	225,215	199,879	327,593
Congressional Research Service, Library of Congress	71,680	69,577	70,910	72,033	73,233	74,877	75,340	81,454
Congressional Printing and Binding, Government Printing Office	101,076	97,006	92,449	91,061	81,242	77,329	83,317	81,000
U.S. Capitol Historical Society	-	-	-	-	-	-	-	1,000
Total, Title I	1,934,002	1,735,896	1,727,446	1,809,064	2,050,405	1,827,341	1,902,272	2,274,982
Title II: Other Agencies a
Botanic Garden	3,853	3,535	41,207	3,363	3,330	3,627	3,408	5,646
Library of Congress, except CRS	313,599	306,425	304,640	314,775	323,499	341,166	449,693	407,709
Architect, Library Buildings/Grounds	14,892	14,392	11,040	12,904	14,917	20,950	16,350	21,753
Architect, Capitol Visitors Center	-	-	-	-	-	-	-	70,000
Architect, Cong. Cemetery	-	-	-	-	-	-	-	1,250
Government Printing Office, except Congressional Printing and Binding	37,707	35,096	32,915	32,421	31,927	31,515	34,775	33,639
General Accounting Office	532,964	433,562	376,413	378,542	391,962	398,327	394,005	429,444
Center for Russian Leadership Development		-	-	-	-	-	-	8,000
Total, Title II	903,016	793,010	766,216	742,005	765,635	795,585	898,231	977,441
Grand Total	2,837,018	2,528,906	2,493,662	2,551,069	2,816,040	2,622,926	2,800,503	3,252,423

See notes at end of Table 8.

For Additional Reading

CRS Reports

CRS Report RL31012. Legislative Branch Appropriations for FY2002, by Paul Dwyer.

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

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

Selected Web Sites

These sites contain information on the FY2003 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/

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Footnotes

1. ^(back) Temporary fund ing was contained in P.L. 107-229, P.L. 107-235, P.L. 107-240, P.L. 107-244, P.L. 107-294, P.L. 108-2, P.L. 108-4, and P.L. 108-5. The "rate of operations not to exceed the current rate" is defined as total funds available for obligation during the prior fiscal year, in this case FY2002. The availability of funds for obligation was based upon a calculation made by the Office of Management and Budget (OMB), which required the legislative branch, as well as all other federal entities, to allot funds based on the percentage of the year covered by the continuing resolution. Funds available for obligation included FY2002 regular annual and supplemental appropriations, less any rescissions, but excluded unobligated balances at the end of FY2002.

2. ^(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.

3. ^(back)FY2003 estimated legislative branch permanent federal fund authority is $338 million, comprised of House and Senate Member pay ($105 million); House and Senate use of foreign currencies ($7 million); and Library of Congress payments to copyright owners ($226 million). Source is the FY2003 U.S. Budget (with figures rounded to the nearest million).

4. ^(back)FY2003 estimated permanent trust fund authority is $38 million, comprised of Library of Congress gift and trust fund accounts ($22 million); U.S. Capitol Preservation Commission trust funds ($2 million); Architect of the Capitol, U.S. Botanic Garden, gifts and donations ($2 million); John C. Stennis Center for Public Service Training and Development trust funds ($2 million), and the Russian Leadership Development trust funds ($12 million). After deducting $2 million in offsetting receipts from the public, the total trust funds are $38 million. Source is the FY2003 U.S. Budget (which contains figures rounded to the nearest million).

5. ^(back)The FY2003 U.S. Budget contains $54 million in federal funds for non-legislative entities, with one exception, under two headings: (1) "U.S. Tax Court" ($38 million), and (2) "other legislative branch agencies - legislative branch boards and commissions" ($16 million), which includes the U.S. Commission on International Religious Freedom ($3 million); a subcategory titled "other legislative branch boards and commissions" ($3 million); and payment to the Russian Leadership Development Center trust fund ($10 million). The one exception is the payment to the Russian Leadership Development Center, which was contained in the FY2002 Legislative Branch Appropriations Act (P.L. 107-68).

For a more accurate picture of the legislative branch budget, as contained in the annual legislative branch appropriations bill, the total FY2003 legislative branch appropriation figure in the FY2003 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 FY2003 U.S. Budget contains an FY2003 total legislative budget authority request of $3.9 billion. After subtracting non-legislative entities ($54 million), permanent federal funds ($338 million), and permanent trust funds ($38 million), the total is $3.48 billion (rounded).

6. ^(back)See CRS Report RL30343, Continuing Appropriations Acts: Brief Overview of Recent Practices, by [author name scrubbed].

7. ^(back)P.L. 107-294, 116 Stat. 2062, Nov. 23, 2002, which amended P.L. 107-229, 116 Stat. 1465, Sept. 30, 2002.

8. ^(back)The increase in the number of police positions is subject to compromise between the Senate recommendation of 269 additional FTEs and the House recommendation of 318 additional FTEs

9. ^(back)FY2002 appropriations contain regular annual funds in the FY2002 Legislative Branch Appropriations Act, P.L. 107-68; emergency response funds ($256.1 million) 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); and supplemental appropriations in P.L. 107-206.

10. ^(back)See Sen. Ted Stevens, "Making Further Continuing Appropriations for Fiscal Year 2003," Congressional Record (daily edition), vol. 149, January 15, 2003, pp. S708-S710. The total Senate figure does not contain $150,000 made available for payment to the heirs of Senator Paul Wellstone. FY2002 appropriation contains regular annual funds, those transferred from the legislative branch emergency response fund, and supplemental appropriations.

11. ^(back)H.J.Res. 2, as passed by the Senate on January 23, 2003, contained provision for a 1.6% across the board reduction in Division N ("Emergency Relief and Offsets"), Title VI ("Offsets"), sec. 601, augmented by an increase in the cut to offset $5 billion in additional education spending, pursuant to Senate adoption of an amendment introduced by Senator Judd Gregg. See Sen. Judd Gregg, "Making Further Continuing Appropriations for Fiscal Year 2003 - Amendment No. 19," remarks in the Senate, Congressional Record (daily edition), vol. 149, January 16, 2003, p. S1037. According to the Congressional Budget Office, this amount generates an additional 1.252% reduction. Thus, the total across the board reduction was estimated at 2.852%.

12. ^(back)The amendment reduced the Senate contingent fund account by $157,500 and increased the Expenses Allowances and Representation account by $7,500 and the Salaries, Officers, and Employees account by $150,000.

13. ^(back)Memorandum is available at http://www.whitehouse.gov/omb/memoranda/m02-07.pdf.

14. ^(back)P.L. 107-240, 116 Stat. 1492, Oct. 11, 2002.

15. ^(back)Much of this section was contributed by Bill Heniff, Government and Finance Division, Congressional Research Service.

16. ^(back)The FY2002 appropriation of $157.2 million is the amount appropriated to date when this comparison was made, and contains $126.2 million appropriated in the FY2002 annual Legislative Branch Appropriations Act (P.L. 107-69), and $31 million transferred from the legislative branch emergency response fund, pursuant to P.L. 107-117.

17. ^(back)This figure does not contain the $7.8 million included in the President's budget request to cover the fully accrued costs related to retirement benefits of Civil Service Retirement System employees and retiree health benefits of all U.S. Capitol Police.

18. ^(back)Budget submission of the U.S. Capitol Police, U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative, Legislative Branch Appropriations Act for 2003, Justification of the Budget Estimates, part 1, hearings, 107th Cong., 2nd sess., Feb. 2002 (Washington: GPO, 2002), p. 244.

19. ^(back)Ibid., pp. 244-245.

20. ^(back)Budget submission of the U.S. Capitol Police, U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative, Legislative Branch Appropriations Act for 2003, Justification of the Budget Estimates, part 1, hearings, 107th Cong., 2nd sess., Feb. 2002 (Washington: GPO, 2002), p. 245.

21. ^(back)The base level does not contain the one-time FY2002 supplemental appropriation of $31.0 million in emergency response funds.

22. ^(back)U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations Bill, 2003, report to accompany S. 2720, 107th Congress, 2nd sess., S.Rept. 107-209, July 11, 2002 (Washington: GPO, 2002), p. 27.

23. ^(back)The Senate Appropriations Committee-reported legislative branch appropriations bill (S. 2720) included provisions that would authorize the Capitol Police chief to pay additional compensation for specialty positions and compensate newly-appointed officers at a rate above the minimum base rate. A manager's amendment (S.Amdt. 4320), adopted by unanimous consent on July 25, added provisions to give the Capitol Police chief the sole discretion in determining recruitment and retention bonuses; the authority to offer tuition allowances for education expenses; and the authority to provide availability pay to officers. This manager's amendment also added a provision to require the chief to recruit personnel for the Capitol Police without regard to age.

24. ^(back)Clause 2 of House Rule XXI prohibits legislation in a general appropriations bill.

25. ^(back)See Congressional Record, daily edition, vol. 148, July 18, 2002, pp. H4904-H4905.

26. ^(back)U.S. Congress, Senate Committee on Appropriations, Legislative Branch Appropriations Bill, 2002, report to accompany S. 1172, 107th Congress, 1st sess., S.Rept. 107-37, July 12, 2001 (Washington: GPO, 2001), p. 25.

27. ^(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.

28. ^(back)Spokesperson for the Office of the Architect of the Capitol, Apr. 9, 2002.

29. ^(back)This figure reflects a FY2002 appropriation of $121.5 million, which includes $106.3 million transferred from the legislative branch emergency response fund, pursuant to P.L. 107-117.

30. ^(back)Written testimony of the director, Dan Crippen, Congressional Budget Office, U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative, Legislative Branch Appropriations for FY2003, hearings, 107th Cong., 2nd sess., Apr. 25, 2002 (Washington: GPO, 2002), p. 441.

31. ^(back)Written testimony of the Comptroller General, David Walker, General Accounting Office, U.S. Congress, House Committee on Appropriations, Subcommittee on Legislative, Legislative Branch Appropriations for FY2003, hearings, 107th Cong., 2nd sess., Apr. 24, 2002 (Washington: GPO, 2002), p. 333.

32. ^(back)Written testimony of the Librarian of Congress, James Billington, U.S. Congress, Senate Committee on Appropriations, Subcommittee on Legislative Branch, Legislative Branch Appropriations for FY2003, hearings, 107th Cong., 2nd sess., Mar. 13, 2002 (Washington: GPO, 2002), p. 2.

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