For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31312 ------------------------------------------------------------------------------ Order Code RL31312 Report for Congress Received through the CRS Web Appropriations for FY2003: Legislative Branch Updated February 28, 2003 Paul E. Dwyer Specialist in American National Government Government and Finance Division Congressional Research Service ~ The Library of Congress Appropriations are one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and budget reconciliation bills. The process begins with the President's budget request and is bounded by the rules of the House and Senate, the Congressional Budget and Impoundment Control Act of 1974 (as amended), the Budget Enforcement Act of 1990, and current program authorizations. This report is a guide to one of the 13 regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Legislative Branch Appropriations. It summarizes the current legislative status of the bill, its scope, major issues, funding levels, and related legislative activity. The report lists the key CRS staff relevant to the issues covered and related CRS products. This report is updated as soon as possible after major legislative developments, especially following legislative action in the committees and on the floor of the House and Senate. NOTE: A Web version of this document with active links is available to congressional staff at: [http://www.crs.gov/products/appropriations/apppage.shtml]. Appropriations for FY2003: Legislative Branch 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. Key Policy Staff CRS Area of Expertise Name Division Telephone and E-mail Appropriations Process Bill Heniff GOV/FIN 7-8646 wheniff@crs.loc.gov Appropriations Process Sandy Streeter GOV/FIN 7-8653 sstreeter@crs.loc.gov Committee Funds Paul Rundquist GOV/FIN 7-6939 prundquist@crs.loc.gov Legislative Operations Paul Dwyer GOV/FIN 7-8668 pdwyer@crs.loc.gov Bill Heniff GOV/FIN 7-8646 wheniff@crs.loc.gov Mildred Amer GOV/FIN 7-8304 mamer@crs.loc.gov Paul Rundquist GOV/FIN 7-6939 prundquist@crs.loc.gov Division abbreviations: GOV/FIN = Government and Finance Contents Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Introduction to the Legislative Branch Appropriations Bill . . . . . . . . . . . . . . . . . . 1 Status of FY2003 Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Implications for Legislative Branch Operations of Continuing Appropriations Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Action on the FY2003 Legislative Branch Appropriations Bill . . . . . . . . . . 6 Submission of FY2003 Budget Request . . . . . . . . . . . . . . . . . . . . . . . . 6 Hearings on FY2003 Budget Requests . . . . . . . . . . . . . . . . . . . . . . . . . 6 Passage of House Version, H.R. 5121 (107th Congress) . . . . . . . . . . . . 6 Passage of Senate Version, H.R. 5121, Amended to Contain the Language of S. 2720 (107th Congress) . . . . . . . . . . . . . . . . . . . . . . 7 Adoption of By the Senate of H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress) . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Adoption of Conference Report on H.J.Res. 2, FY2003 Omnibus Appropriations (P.L. 108-7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Action on Second FY2002 Legislative Branch Supplemental Appropriation (H.R. 4775; S. 2551; P.L. 107-206) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Action on First Continuing Resolution (H.J.Res. 111; P.L. 107-229) with Provision Relating to the Government Printing Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Action on Third Continuing Resolution (H.J.Res. 122; P.L. 107-240) With Provisions Relating to the Government Printing Office and Gratuity Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Elements That Congress Considered During Discussions on the FY2003 Bill . 13 Capitol Complex Security ­ U.S. Capitol Police . . . . . . . . . . . . . . . . . . . . 13 Funding Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Policy Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Capitol Complex Security ­ Status of Funds for the Capitol Visitors' Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Architect of the Capitol Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Architect of the Capitol Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 House and Senate Committee Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 House Committee Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Senate Committee Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Support Agency Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Congressional Budget Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 General Accounting Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Library of Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Government Printing Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 For Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Selected Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 List of Figures Figure 1. Title I and Title II of the FY2002 Legislative Branch Appropriations Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Figure 2. Legislative Branch Appropriations, FY1995-FY2002 . . . . . . . . . . . . . 4 Figure 3. Legislative Branch Appropriations, FY1995-FY2002 . . . . . . . . . . . . . 4 Figure 4. Appropriations for GAO, FY1995-FY2002 . . . . . . . . . . . . . . . . . . . . 21 Figure 5. Appropriations for GAO, FY1995-FY2002 . . . . . . . . . . . . . . . . . . . . 21 Figure 6. Appropriations for LOC, Excluding CRS, FY1995-FY2002 . . . . . . . 22 Figure 7. Appropriations for LOC, Excluding CRS, FY1995-FY2002 . . . . . . . 22 Figure 8. Appropriations for CRS, FY1995-FY2002 . . . . . . . . . . . . . . . . . . . . . 22 Figure 9. Appropriations for CRS, FY1995-FY2002 . . . . . . . . . . . . . . . . . . . . . 22 Figure 10. Appropriations for GPO, FY1995-FY2002 . . . . . . . . . . . . . . . . . . . . 23 Figure 11. Appropriations for GPO, FY1995-FY2002 . . . . . . . . . . . . . . . . . . . . 23 List of Tables Table 1. Legislative Branch Appropriations, FY1995 to FY2002 . . . . . . . . . . . . 4 Table 2. Status of Legislative Branch Appropriations, FY2003, P.L. 108-7 (H.J.Res. 2, 108th Congress) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Table 3. Legislative Branch Appropriations, FY2003 (H.R. 5121 and S. 2720 (107th Congress); H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress)) . . . . . . . . . . . . . . . . . . . . . . . . . 24 Table 4. Capitol Police Appropriations, FY2003 (H.R. 5121 and S. 2720 (107th Congress); H.J.Res.2, FY2003 Omnibus Appropriations (108th Congress)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Table 5. Architect of the Capitol Appropriations, FY2003 (H.R. 5121and S. 2720 (107th Congress); H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Table 6. Senate Appropriations, FY2003 (S. 2720 (107th Congress); H.J.Res.2, FY2003 Omnibus Appropriations (108th Congress)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Table 7. House of Representatives Appropriations, FY2003 (H.R. 5121 (107th Congress); H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Table 8. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Table 9. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-FY2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Appropriations for FY2003: Legislative Branch 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 1 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. CRS-2 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 Figure 1. Title I and Title II of the FY2002 Legislative Branch Appropriations Act 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. 2 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. CRS-3 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 3 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 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 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). CRS-4 Figure 2. Legislative Branch Figure 3. Legislative Branch Appropriations, FY1995- Appropriations, FY1995- FY2002 FY2002 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. CRS-5 Status of FY2003 Appropriations Table 2. Status of Legislative Branch Appropriations, FY2003, P.L. 108-7 (H.J.Res. 2, 108th Congress) Conference Report Committee Markup Approval House House Senate Senate Conference Public House Senate Report Passage Report Passage Report House Senate Law H.R. 5121 S. 2720 7/18/02 7/25/02 2/13/03 2/13/03 7/11/02 7/11/02 H.Rept. S.Rept. 2/13/03a P.L. 108-7 (365-49) (85-14) (338-83) (76-20) 107-576 107-209 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. 6 See CRS Report RL30343, Continuing Appropriations Acts: Brief Overview of Recent Practices, by Sandy Streeter. 7 P.L. 107-294, 116 Stat. 2062, Nov. 23, 2002, which amended P.L. 107-229, 116 Stat. 1465, Sept. 30, 2002. 8 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 CRS-6 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; 9 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. CRS-7 ! 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 CRS-8 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 10 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 (continued...) CRS-9 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 10 (...continued) Paul Wellstone. FY2002 appropriation contains regular annual funds, those transferred from the legislative branch emergency response fund, and supplemental appropriations. 11 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 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. CRS-10 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 CRS-11 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 CRS-12 ! 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 13 Memorandum is available at [http://www.whitehouse.gov/omb/memoranda/m02-07.pdf]. CRS-13 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 Police15 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 14 P.L. 107-240, 116 Stat. 1492, Oct. 11, 2002. 15 Much of this section was contributed by Bill Heniff, Government and Finance Division, Congressional Research Service. CRS-14 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 million17 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; 16 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 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 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. CRS-15 ! 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. 19 Ibid., pp. 244-245. 20 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. CRS-16 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 21 The base level does not contain the one-time FY2002 supplemental appropriation of $31.0 million in emergency response funds. 22 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 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 (continued...) CRS-17 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. 23 (...continued) 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 Clause 2 of House Rule XXI prohibits legislation in a general appropriations bill. 25 See Congressional Record, daily edition, vol. 148, July 18, 2002, pp. H4904-H4905. 26 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. CRS-18 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%); 27 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 Spokesperson for the Office of the Architect of the Capitol, Apr. 9, 2002. 29 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. CRS-19 ! 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. CRS-20 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 30 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 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. CRS-21 Figure 4. Appropriations for Figure 5. Appropriations for GAO, FY1995-FY2002 GAO, FY1995-FY2002 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 32 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. CRS-22 due to delays in the receiving mail. These funds were contained in the FY2002 Supplemental Appropriation Act (P.L. 107-206). Figure 6. Appropriations for Figure 7. Appropriations for LOC, Excluding CRS, LOC, Excluding CRS, FY1995-FY2002 FY1995-FY2002 Figure 8. Appropriations for Figure 9. Appropriations for CRS, FY1995-FY2002 CRS, FY1995-FY2002 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. CRS-23 Funds for the Office of Superintendent of Documents increased $22,000 (0.07%) to $29.7 million from $29.6 million. Figure 10. Appropriations for Figure 11. Appropriations for GPO, FY1995-FY2002 GPO, FY1995-FY2002 CRS-24 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) Conference figures do not reflect a 0.65% across the board rescission contained in H.J.Res. 2 FY2003 FY2003 Total FY2003 FY2003 FY2003 FY2002 FY2003 Senate (regular annual Entity House Bill, Senate Bill, Conf. on Enacteda Requested Version of and supplemental, As Passed As Passed H.J.Res. 2 H.J.Res. 2 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 b c Capitol Police 173,290 212,626 256,175 209,803 203,775 203,775 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 CRS-25 FY2003 FY2003 Total FY2003 FY2003 FY2003 FY2002 FY2003 Senate (regular annual Entity House Bill, Senate Bill, Conf. on Enacteda Requested Version of and supplemental, As Passed As Passed H.J.Res. 2 H.J.Res. 2 if any) 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 f g g Grand Total 3,252,423 3,425,108 2,671,900 2,417,108 2,342,634 3,358,350 CRS-26 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). CRS-27 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) Conference figures do not reflect a 0.65% across the board rescission contained in H.J.Res. 2. FY2003 Total FY2003 FY2003 FY2003 FY2003 (regular FY2002 FY2003 Senate House Bill, Senate Bill, Conf. on annual and Accounts Enacteda Request Version of As Passed As Passed H.J.Res.2 supplemental, H.J.Res. 2 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 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. CRS-28 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) Conference figures do not reflect a 0.65% across the board rescission contained in H.J.Res. 2. FY2003 Total FY2003 FY2003 FY2003 Senate FY2003 FY2002 FY2003 (regular annual Accounts House Bill, Senate Bill, Version of Conf. on Enacteda Request and supplemental, As Passed As Passed H.J.Res. 2 H.J.Res. 2 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 b c Capitol Police Buildings/Grounds 0 0 ­ 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 CRS-29 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. CRS-30 Table 6. Senate Appropriations, FY2003 (S. 2720 (107 Congress); H.J.Res.2, FY2003 Omnibus Appropriations (108th Congress)) th (in thousands of current dollars) Conference figures do not reflect a 0.65% across the board rescission contained in H.J.Res. 2. FY2003 FY2003 FY2003 FY2003 Senate FY2003 Total (regular Enacted FY2003 Accountsa House, As Senate, As Version of Conf. on annual and FY2002b Request Passed Passed H.J.Res. 2, As H.J.Res. 2 supplemental, if Passed 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 c Secretary of the Senate 8,571 7,077 ­ 7,077 7,077 7,077 d Sgt. at Arms/Doorkeeper 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 CRS-31 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." CRS-32 Table 7. House of Representatives Appropriations, FY2003 (H.R. 5121 (107 Congress); H.J.Res. 2, FY2003 Omnibus Appropriations (108th Congress)) th (in thousands of current dollars) Conference figures do not reflect a 0.65% across the board rescission contained in H.J.Res. 2. FY2003 Total FY2003 FY2003 FY2003 FY2003 (regular Enacted FY2003 Senate Accountsa House, As Senate, As Conf. on annual and FY2002b Request Version of Passed Passed H.J.Res.2 supplemental, H.J.Res. 2 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 d Committee Employees (subtotal) 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 CRS-33 FY2003 Total FY2003 FY2003 FY2003 FY2003 (regular Enacted FY2003 Senate Accountsa House, As Senate, As Conf. on annual and FY2002b Request Version of Passed Passed H.J.Res.2 supplemental, H.J.Res. 2 if any) 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). CRS-34 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). CRS-35 Table 8. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-2002 (Does not include permanent budget authority; in thousands of current dollars) FY1995 F Y1996b FY1997 FY1998 FY1999c FY2000j FY2001k FY2002 a Title I: Congressional Operations 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 f Joint Items 85,489 81,839 88,581 86,711 204,916 100,854 121,860 188,204 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 a Title II: Other Agencies 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 i General Accounting Office 446,743 374,406 332,520 339,499 359,268 377,561 384,020 429,444 CRS-36 FY1995 F Y1996b FY1997 FY1998 FY1999c FY2000j FY2001k FY2002 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 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. Includes budget 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 Year­2000 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). CRS-37 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. CRS-38 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 a Title I: Congressional Operations 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 CRS-39 FY1995 FY1996b FY1997 FY1998 FY1999c FY2000j FY2001k FY2002 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. CRS-40 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/] ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31312