Appropriations for FY2004: Legislative Branch
Released: 2004-01-16T00:00:00

Most Recent Developments

Conferees agreed to a FY2004 legislative branch appropriation of $3.548 billion contained in H.R. 2547 . The President signed the bill into law on September 30, 2003, P.L. 108-83 ,117 Stat. 1007. The act also contains $937.6 million for FY2003 emergency supplementalappropriations (for non-legislative branch programs).

Introduction to the Legislative Branch Appropriations Bill

The annual legislative branch appropriations bill contains two titles. Appropriations forlegislative branch agencies are contained in Title I. Title II contains general administrativeprovisions, and from time to time appropriations for legislative branch entities. For example, in theFY2003 Act Title II contained funding for the John C. Stennis Center for Public Service Trainingand Development and the Congressional Award Act.

Congress changed the structure of the annual legislative branch appropriations bill effective in FY2003. Prior to enactment of the FY2003 bill, and effective in FY1978, the legislative branchappropriations bill was divided into two titles. Title I, Congressional Operations, contained budgetauthorities for activities directly serving Congress. Included in this title were the budgets of theHouse, the Senate, Joint Items (joint House and Senate activities), the Office of Compliance, theCongressional Budget Office (CBO), the Architect of the Capitol (AOC) (except the Library ofCongress (LOC) buildings and grounds), the Congressional Research Service (CRS) within theLibrary of Congress, and congressional printing and binding activities of the Government PrintingOffice (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 theCongressional Research Service), the Library buildings and grounds maintained by the Architect ofthe Capitol, the Government Printing Office (except congressional printing and binding costs), andthe General Accounting Office (GAO). Periodically since FY1978, the bill contained additionaltitles for such purposes as capital improvements and special one-time functions.

In addition to activities funded in the annual legislative branch appropriations bill, there are legislative budget authorities that include permanent budget authority for both federal funds and trustfunds, and non-legislative entities.

Permanent federal funds are available as the result of previously enacted legislation and do not require annual action. (1)

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 legislativebill since they are not budget authority. They are included in the U.S. Budget either as budgetreceipts or offsetting collections. (2)

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 ofManagement and Budget for bookkeeping purposes. (3)

Table 1. Legislative Branch Appropriations, FY1995 toFY2004 (budget authority in billions of current dollars) a

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

b. Includes budget authority contained in the FY1999 regular annual Legislative BranchAppropriations 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 BranchAppropriations Act ( P.L. 106-57 ); a supplemental and a 0.38% rescission in P.L. 106-113 ; andsupplementals 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 $118million and a 0.22% across-the-board rescission contained in H.R. 5666 ,miscellaneous appropriations bill; and (3) FY2001 supplemental appropriations of $79.5million 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 ConsolidatedAppropriations 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 legislativebranch emergency response fund pursuant to P.L. 107-117 ; and FY2002 supplementalappropriations in P.L. 107-206 .

f. This figure contains regular annual appropriations in P.L. 108-7 , FY2003 Omnibus AppropriationsAct, and supplemental appropriations in P.L. 108-11 .

g. This figure contains regular annual appropriations in P.L. 108-83 .

Status of FY2004 Appropriations

Table 2. Status of Legislative Branch Appropriations, FY2004(H.R.2657)

Action on the FY2004 Legislative Branch Appropriations Bill

Submission of FY2004 Budget Request by the President. On February 3, 2003, President Bush issued the FY2004 U.S.Budget containing an estimate of $3.76 billion for operations of the legislative branch. Subsequently, the request was later revised to $3.78 billion due to modifications by legislativebranch agencies, which reflected an increase of 9.1% ($315.5 million) over the FY2003appropriation of $3.46 billion. A substantial part of the increase was to meet mandatoryexpenses required by law, including additional funding for salaries and related expenses andincreased costs of goods and services for internal operations of legislative branch agencies.

Hearings on FY2004 Budget Requests. The House and Senate Committees on Appropriations held most of their hearings on FY2004legislative branch agency requests in March, April, and May 2003. An additional hearing isto be held on the Capitol Visitors' Center as announced by the chairman of the HouseSubcommittee on Legislative, Committee on Appropriations indicated on May 20, 2003. Themost recent hearings were held May 20 and 21, 2003, by the House Subcommittee onLegislative during which Members heard testimony and questioned the Capitol Police Boardand Architect of the Capitol.

Report of FY2004 Bill By House Committee on Appropriations (H.R. 2657). As reported by the HouseAppropriations Committee on July 1, 2003, the House bill contained (4)

an overall reduction of 1.2% from the FY2003 appropriation for legislative branch activities, except those of the Senate, to $2.70 billion from $2.73 billion;

a reduction of 11.8% in the budget of the Capitol Police, to $211.8 million from $240.2 million; and

a reduction of 24.8% in the budget of the Architect of the Capitol, excluding funds for Senate Office Buildings, to $294.9 million from $392.3million;

The Committee marked up the bill and ordered it reported on June 26.

Passage of FY2004 Bill by the House (H.R. 2657). On July 9, the House passed a scaled down bill, H.R. 2657 (394-26), containing an overall decrease of 1.2%, excluding funds forSenate operations, and freezing funding for the Capitol Police, by reducing the expensesaccount and increasing the salaries account by 8.8%. New funding was withheld pendingcompletion of a master plan for the police force. Funds for the Architect of the Capitol wereincreased slightly, with additional funds to be considered as Congress determined wereneeded for the Capitol Visitors' Center and other pending construction projects. The Housebill did not contain funds for the center.

H.R. 2657 passed with an amendment prohibiting the use of funds in the bill for supplemental dental and vision health insurance benefits for House Members andemployees. This language was contained as an amendment to H.R. 2657 in thenature of a substitute to the rule providing for consideration of H.R. 2657 ( H.Res. 311 ). The rule was agreed to by a vote of 411-13.

Report of FY2004 Bill by Senate Committee on Appropriations (S. 1383). As reported in the Senate on July 10, S. 1383 contained

an overall increase of 2.7%, for legislative branch operations, excluding funds for the House, to $2.51 billion from $2.44 billion;

a slight decrease in the budget for the Capitol Police, to $240.0 million from $240.2 million, which included a reduction in general expenses account and an 18.6%increase in the salaries account; and

a reduction of 9.6% in the budget of the Architect of the Capitol, excluding funds for House office buildings , $357.8 million from $396.2 million; the FY2004Architect's figure contains a one-time appropriation of $47.8 million for the Capitol Visitors'Center. Absent the $47.8 million appropriation, the Architect's budget would reflect adecrease of 21.7%, to $310.0 million from $396.2 million in FY2003.

During markup on July 9, the Senate Committee on Appropriations added $2.044 billion in FY2003 emergency supplemental appropriations in a new title, Title III, of S. 1383 . This funding included

$1.55 billion for disaster relief, $50 million for NASA ;

$314 million for wildfire suppression;

$10 million for flood control;

$100 million for AmeriCorps; and

$20 million for activities funded in the general provisions section ofTitle III.

Passage of FY2004 Bill by the Senate (S. 1383; H.R. 2657). On July 11, the Senate passed H.R. 2657 , which was amended to contain the language of S. 1383 , by a vote of 85-7. As passed by the Senate, H.R. 2657 contained a 2.7% increase, not includingappropriations for House operations. Like the House, the Senate version contained areduction in the police expenses account, but provided an 18.6% increase in the police salariesaccount. The Senate reduced the Architect's budget by 9.6%. The reduction from FY2003was greater if the one-time appropriation of $47.8 million for the Capitol Visitors' Centercontained in the Architect's FY2004 appropriation is not counted.

The Senate did not consider amendments relating to funding for the legislative branch; it did consider amendments relating to programs funded in the FY2003 emergencysupplemental which was added in Title III of H.R. 2657 by the SenateAppropriations Committee.

Report of Conference on H.R. 2657. On September 18, conferees filed their report on H.R. 2657 ( H.Rept. 108-279 ) after having agreed to $3.548 billion for legislativebranch activities, contained in Titles I and II. As reported from conference, Titles I and IIcontained

an overall increase of 2.5% in legislative branch appropriations, to $3.548 million from $3.461 million in FY2003;

a reduction of 8.0% in the budget of the Capitol Police, to $221.1 million from $240.2 million;

a reduction of 11.3% in the budget of the Architect of the Capitol, to $405.4 million from $456.8 million; and

an appropriation of $36.839 million and a transfer of $12.0 million for completion of the Capitol Visitors' Center.

Pending FY2004 Legislative Branch Language and Supplemental Appropriations in the FY2004 Consolidated Appropriation Bill (H.R.2673)

Legislative branch administrative and funding language is contained in H.R. 2673 , the FY2004 consolidated appropriation bill. The conference report on H.R.2673 was agreed to by the House on December 8; the report is scheduled for Senateconsideration on January 20, 2004. Provisions relating to legislative branch activities arecontained in Division H of the bill. (5) Theseprovisions

give the Attending Physician authority and responsibility for oversight and coordination of the use of "medical assets" to respond to bioterrorist incidents and otherpublic health emergencies that occur within the Capitol building and grounds; authorize theAttending Physician to impose a quarantine and to declare deaths (Section 151; for bill textsee Congressional Record , vol. 149, November 25, 2003, p. H12442);

authorize the Architect of the Capitol to enter into an agreement to "acquire by lease" any part of the property at 499 South Capitol Street, SW, Washington, DC,for use by the Capitol Police; specify that such property be considered within the definitionof the Capitol grounds (Section 152; for bill text see Congressional Record , vol. 149,November 25, 2003, p. H12442);

establish a "United States Group," composed of 12 Senators, to meet annually with representatives of China to discuss "common problems in the interest ofrelations" between the two countries that would be known as the "United States-ChinaInterparliamentary Group"; direct the President pro tempore to appoint Senators to the groupupon recommendations of the Senate majority and minority leaders; authorize $100,000 tobe appropriated for expenses each fiscal year in which Congress makes an appropriation ;authorize the use of $75,000 from the Senate contingent fund in FY2004 for specified officialexpenses; and appropriate $100,000 for expenses of the Interparliamentary Group in FY2004(Section 153; for bill text see Congressional Record , vol. 149, November 25, 2003, pp.H12442-H12443);

establish a "United States Group," composed of 12 Senators, to meet annually with representatives of Russia to discuss "common problems in the interest ofrelations" between the two countries that would be known as the "United States-RussiaInterparliamentary Group"; direct the President pro tempore to appoint Senators to the groupupon recommendations of the Senate majority and minority leaders; authorize $100,000 tobe appropriated for expenses for each fiscal year in which Congress makes an appropriation ;authorize the use of $75,000 from the Senate contingent fund in FY2004 for specified officialexpenses; and appropriate $100,000 for expenses of the Interparliamentary Group in FY2004(Section 153; for bill text see Congressional Record , vol. 149, November 25, 2003, p.H12443);

authorize a maximum of $50,000 in the Senate contingent fund to be used each fiscal year for reimbursement to the Senate chaplain for expenses incurred in thepurchase of food and food-related items while performing the duties of office; repeal thechaplain expense revolving fund (Section 155; for bill text see Congressional Record , vol.149, November 25, 2003, p. H12443);

establish a House of Representatives revolving fund containing appropriations and donations made to the fund, and interest on its balance; require the HouseChief Administrative Officer to authorize expenditures from the fund, upon notification to theHouse Committee on Appropriations (Section 156; for bill text see Congressional Record ,vol. 149, November 25, 2003, p. H12443); and

require a 0.59% across the board rescission in FY2004 legislative branch appropriations (contained in P.L. 108-83 ) to be applied proportionately to each account, andto programs, projects, and activities within each account; (6) require the Office of Managementand Budget to submit within 30 days of enactment of H.R. 2673 a report to theHouse and Senate Committees on Appropriations that specifies "the account and amount ofeach rescission" (Section 168(b)(c); for bill text see Congressional Record , vol. 149,November 25, 2003, p. H12445).

Action on FY2003 Supplemental Appropriations for the Legislative Branch (P.L.108-11;H.R. 1559)

Soon after approving the FY2003 regular annual legislative branch appropriations ( P.L.108-7 ), and prior to consideration of the FY2004 legislative branch budget, Congress clearedan FY2003 supplemental ( H.R. 1559 , P.L. 108-11 ) containing $125 million forthe legislative branch emergency response fund. (7) Appropriations were made available asfollows:

$11.0 million -- House of Representatives, committee employees (standing committees, special and select), for salaries and expenses;

$37.8 million -- Capitol Police, general expenses, "for increasingemergency costs of the security requirements for the United States Capitol Complex relatedto protecting the occupants and visitors;"

$111,000 -- Office of Compliance, salaries and expenses, "to covercontracted services of hearings officers and mediators for the increasing number ofhearings;"

$63.9 million -- Architect of the Capitol, Capitol police buildings andgrounds, "for the property purchase, design, and the beginning of construction for a newCapitol Police headquarters,"

$5.5 million -- Library of Congress, salaries and expenses, "toimplement a public address system for the Library's buildings to assure effectivecommunications in all emergency situations;"

$1.9 million -- Library of Congress, Congressional Research Service,"to support the planning, design, and implementation of the Congressional Research Serviceportion of the alternate computer facilities;"

$4.9 million -- General Accounting Office, salaries and expenses, "tosupport the implementation of important security enhancements required within the GAOfacility." (8)

FY2004 Legislative Branch Funding Issues

Capitol Complex Security -- U.S. Capitol Police

Funding Issues. In recent years, Congress has undertaken to strengthen the capabilities of the Capitol Police by providing increasedfunding; the FY2002 budget was increased by 47.1%, and the FY2003 budget by 38.6%.

The Capitol Police requested a 20.9% increase of $50.3 million for FY2004. (9) Conferees,however, agreed to withhold additional funds and actually reduce the Capitol Policeappropriation by 8.0%, to $221.1 million from $240.2 million in FY2003. (10) The conferencefigure reflects an increase of 4.4% from the appropriation contained in the House bill, anda decrease of 7.9% from that contained in the Senate bill.

The FY2004 Capitol Police appropriation funds 1,993 positions, including 1,592 sworn staff and 401 civilian employees. Language authorizes 30 positions to be converted fromsworn to civilian positions. Conferees also directed the Capitol Police to recruit 75 newpersonnel as follows: five positions for the chief, three of which are to be mid-level attorneysin the Office of General Counsel; 33 positions, three of which are to be intelligence analystsand 13 positions for the Security Services Bureau; and 37 positions for the Office of the ChiefAdministrative Officer.

Conferees noted "that should the Capitol Police strategic plan, and associated staffing plan, be completed and approved by the House and Senate Appropriations Committees,during fiscal year 2004, there is ample funding from the Emergency Response Fund for newsworn positions." (11)

The Capitol Police appropriation is contained in two accounts: (12)

salaries account , which conferees funded at $197.6 million, a 13.2% increase from $174.5 million; the House funded the salaries account at $189.9 million, anincrease of 8.8% (request was a 25.1% increase), and the Senate funded the account at $207.0million, an increase of 18.6%;

general expenses account , which conferees funded at $23.5 million, adecrease of 15.8% from $27.9 million; the House funded the account at $21.9 million, adecrease of 21.5% (request was a 158.8% increase), and the Senate funded the account at$33.0 million, an increase of 18.2%.

A separate appropriation under the Architect of the Capitol account contains $3.3 millionfor Capitol Police buildings and grounds, the same amount contained in both the House andSenate bills. This represents a significant decrease from the FY2003 appropriation of $63.9million. (13)

Among other Capitol Police provisions contained in P.L. 108-83 are those

authorizing the recruitment and training of sworn positions for assignment to the Library of Congress, including 23 positions in FY2004;

restating a requirement that the Capitol Police notify and consult with the House and Senate Committees on Appropriations on plans that "result in theredistribution, reprogramming, or reallocation of FTE's or funds in a manner different fromthat presented in each budget year's appropriation hearings; position reports to theCommittees; and the final approved budget;" (14)

authorizing any counsel providing legal assistance and representation to the Capitol Police to appear in any federal or state court;

directing that hazardous materials response team members assisting the Capitol Police be treated as members of the force in order to receive retirement benefits thatare comparable to benefits available to other federal firefighters and law enforcementpersonnel;

providing for a "more effective and efficient" transfer of Library of Congress police to the Capitol Police force; (15)

redefining and extending the physical jurisdiction of the Capitol Police over traffic within and around the Capitol grounds to limit and prohibit trucks, referred to asthe "truck interdiction program;"

directing the Capitol Police Board to make regulations regarding "implementation, execution and maintenance" of the truck interdiction program and to submitits regulations to the Committee on House Administration and the Senate Committee on Rulesand Administration for approval; and

directing that FY2004 basic training expenses of the Capitol Police at the Federal Law Enforcement Training Center be paid from Department of Homeland Securityfunds.

Capitol Complex Security -- Capitol Visitors' Center

Conferees agreed to a $48.839 million additional appropriation for the Capitol Visitors' Center, funded under the Architect of the Capitol account. The appropriation is similar to theamount considered necessary to complete construction of the center, based upon a review bythe General Accounting Office (GAO) and a GAO "assessment of a cost-to-complete estimateprepared by a third party with expertise in construction cost analysis." (16) Of this amount,$1.039 million is marked for operational costs, and $48.550 million is no-year money. TheSenate version of the FY2004 bill contained an appropriation of $47.8 million for the center;the House did not provide funds for the center.

The actual new appropriation for FY2004 is $36.839 million, since conferees authorized $12.0 million to be transferred to the center' appropriation from previously appropriated fundsmade available for Capitol Police buildings and grounds also funded under the Architect ofthe Capitol account.

Conferees also

directed the General Accounting Office (GAO) to conduct quarterly performance reviews of construction progress to determine adherence and changes to thecenter's expenses and schedule, to support oversight by the House and Senate Committees onAppropriations and the Capitol Preservation Commission;

limited federal funds that can be obligated or spent on a tunnelconnecting the center with the Library of Congress to $10.0 million;

prohibited the expenditure of funds by the Architect of the Capitol for construction of the tunnel until a plan for obligation of funds (showing purpose, amount, andschedule) is approved by the chairmen and ranking members of the House and SenateCommittees on Appropriations; and

"urged" those responsible for exhibits in the center to consult with the Library of Congress "to ensure that the exhibit presents history of the Congress as well as therole of the congress in the preservation of the cultural and artistic heritage of the Americanpeople." (17)

Senate report language addressed concerns of the Senate with several aspects of management of the project, expressing reservations about providing additional funds "withoutbetter management practices." The Senate requested the Architect to impose necessarycontrols on construction of the Capitol Visitors' Center (CVC), stating that the top priorityof the Architect is to ensure completion in a timely and financially responsible manner;directed the Architect to "develop a risk mitigation plan, and institute a global project costcoding and tracking system for all costs, to ensure to the extent practicable there will not beadditional cost requirements to complete the project in a timely fashion without jeopardizingquality."

The Senate further prohibited the Architect from obligating any of the $$47.8 million contained in the report without receipt of (1) a recommendation by the Capitol PreservationCommission, and (2) approval of an spending plan by the House and Senate Committees onAppropriations. (18)

Interest in the construction of the Capitol Visitors' Center reflects a heightened interest by some Members of Congress in making the necessary appropriations available so thatconstruction of the center can be completed in 2005. (19) Congressional leadership broke groundfor the center on June 20, 2000, and construction began in early 2002. Revised constructioncost estimates have increased the original budget of $265 million to $373.5 million. (20) A totalof $308.5 million in federal appropriations have been made for the center's construction, andan additional $65 million in private funds is reportedly available.

Architect of the Capitol Operations

Funding Issues. Conferees agreed to $405.4 million for activities of the Architect of the Capitol, a decrease of $51.4 million(-11.3%) from the FY2003 appropriation of $456.8 million. Operations of the Architect arefunded in nine accounts. The FY2004 appropriations for these accounts and the percentagechanges from FY2003 are as follows:

general administration -- $77.1 million (+30.7%);

Capitol building -- $28.2 million (-14.5%);

Capitol grounds -- $6.9 million (-17.1%);

Senate office buildings -- $63.4 million (-1.7%);

House office buildings -- $62.8 million (+3.7%);

Capitol power plant -- $81.5 million (-34.4%); (21)

Library buildings and grounds -- $39.2 million(+5.1%);

Capitol Police buildings and grounds -- $3.3 million (-94.8%); (22) and

Botanic garden -- $6.2 million (+2.1%).

From time to time, other projects of the Architect are funded in separate accounts of the bill under the Architect, as is the case in the FY2004 Act which makes available $48.839million for completion of the Capitol Visitors' Center (CVC). That figure reflects a newappropriation of $36.839 million combined with $12.0 million made available by confereesin a transfer from the Capitol Police buildings and grounds account under the Architect of theCapitol.

Prior to FY2004, Congress funded separate accounts under the Architect in FY2002, including $70.0 million for the CVC and $1.3 million for the Congressional Cemetery.

Conferees on the FY2004 bill also

directed the AOC to issue control and administrative procedures and processes to prevent waste and fraud in the use of funds by offices under hisjurisdiction;

encouraged the AOC to cooperate with other legislative branch entitiesto increase the "volume and visibility" of artwork which reflects the contributions ofAfrican-Americans throughout the history of the United States;

deferred action on personnel and costs associated with energy service at the Capitol Power Plant until completion of a study by the AOC on the organization andadministration of his office (as directed in the House report on H.R. 2657 );

directed that the study of the AOC on organization and administration of his office be "comprehensive" and address "all aspects of AOC central and administrativestaff, including any administrative positions that have been established in the offices of thesuperintendents to ensure that duplicative services do not occur; that all positions are requiredto conduct business; and that they are aligned with the AOC strategic plan;" (23)

funded replacement os high voltage switchgear for the Senate ($2.0 million), the House ($3.6 million), and the Library of Congress ($1.8million);

provided $275,000 for upgrades to the emergency evacuation andnotification system in the Capitol Complex;

provided $6.0 million for phase two of the U.S. Capitol Master Plan;

provided $9.5 million for modernization of elevators in the House; $4.3 million to upgrade the House data center;

directed the General Accounting Office (GAO) to review the master plan of the Capitol Power Plant, its operations and management, and report its findings andrecommendations on the "adequacy of the master plan, the capacity and efficiency of plantoperations, the reliability and security of its distribution infrastructure, as well as the statusof the expansion projects;" (24)

provided $22.0 million for the West Refrigeration Plant Expansion project at the Capitol Power Plant; and

provided transfer authority for an alternate computing facility.

FY2004 Budget Proposal and House and Senate Floor Action. The original FY2004 budget proposal for the Architect was $513.9million, an increase of $57.1 million (12.5%) from $456.8 million in FY2003, including aFY2003 supplemental of $63.9 million for Capitol Police buildings and grounds. (25) Theproposal also authorized the Architect to use $4.4 million in reimbursements made to hisoffice for utilities provided to nonlegislative branch agencies. (27)

Most of the increase was for general administration of activities of the Architect (+169.0%), maintenance of the Capitol building (+58.8%), and enhancements to the BotanicGarden (+80.1%). In testimony before the Senate Appropriations Committee in May 2003,the Architect stated that the most significant factor in the FY2004 budget increase is thepurchase of an alternate computer facility to be shared by legislative branch agencies ($61.0million). (28)

The request also reflected a significant decrease for the Capitol police buildings and grounds appropriation (-95.4%), primarily due to a FY2003 supplemental of $40.1 million fora new police headquarters. Other reductions were to be made in funds for the Capitol powerplant (-17.8%) and maintenance of the Capitol grounds (-15.9%).

The House version of the FY2004 bill contained a reduction of 9.6% in the budget of the Architect, excluding funds for Senate office buildings , to $357.8 million from $396.2million.

The Senate version contained a decrease of 9.6%, excluding funds for House office buildings , to $357.8 million from $396.2 million in FY2003. The FY2004 figure contains anappropriation of $47.8 million for the Capitol Visitors' Center.

House of Representatives

Overall Funding. The FY2004 appropriation for House internal operations is $1.01 billion, an increase of 5.8% over theFY2003 funding level of $960.9 million, (29) anda reduction of 2.4% from the House budgetrequest. Most of the increase is for mandatory expenses, those required by law to meet suchexpenses as the annual salary adjustment and related costs, plus increased costs of goods andservices. Among increases are those for

Members' representational allowances to assist Members in their official duties, an increase of 8.0%;

salaries and expenses for House leadership offices, an increase of 9.8%;

salaries of House administrative officers, their employees and other personnel, an increase of 3.2%;

Office of the Chief Administrative Officer of the House, an increase of 5.5%; and

allowances and expenses heading (which includes supplies; official mail for committees, leadership and administrative offices; and mandatory House contributions toinsurance and retirement programs for House employees), an increase of8.9%.

Among other provisions of P.L. 108-83 are those that

established the House Office of Interparliamentary Affairs with jurisdiction over visits to the House by participants in interparliamentary exchanges, members of foreign legislative bodies, and permanent officials of foreign governments;

required unused funds available to Members for their representational allowances to be used to reduce the deficit; and

prohibited the use of funds in the Act to provide supplemental dental or vision health insurance benefits to Members and other Houseemployees.

House conferees included language in the conference report regarding the role of the Office of House Finance in the annual budget preparation process. (30) They directed theFinance Office to set deadlines for the receipt of budget information, includingreprogramming activities, from House entities. They also expressed the AppropriationsCommittee's expectation that each House entity will "provide its utmost support in meetingOffice of Finance deadlines," necessitating at times "an immediate response with little or noadvance notification." Conferees noted that in the event a House entity "is not available torespond to the Finance Office, the Committee expects the Finance Office to provide theirindependent analysis to the Committee." (31)

House Committee Funding. The FY2004 appropriation for House committee operations is $132.1 million, a decrease of 4.7% from theFY2003 appropriation of $138.6 million. (32)

Funding for House committees is contained in the appropriation heading, committee employees, that comprises two subheadings. The first subheading contains funds forpersonnel and non-personnel expenses of House committees, except the AppropriationsCommittee, as authorized by the House in a committee expense resolution. The FY2004appropriation is $107.2 million.

The second subheading contains funds for the personnel and non-personnel expenses of the Committee on Appropriations. The FY2004 appropriation is $24.9 million.

Senate

Overall Senate. The Senate's FY2004 appropriation of $716.8 million is an 8.0% increase over FY2003 ($663.4 million). Asignificant factor in the increase is funding for mandatory expenses related to insurance andretirement programs for Senate employees. Among other increases are those for

official personnel and office expense account, to assist Senators in their official duties, an increase of 6.8%;

activities of the Senate Sergeant at Arms, funded under "salaries, officers, and employees") including six additional positions for enhanced Senate security, anincrease of 6.1%;

activities of the Senate Sergeant at Arms, funded under "contingent expenses of the Senate," an increase of 18.2%; the increase primarily reflects expenses relatedto a "fit-out" of the new Senate warehouse and mail processing facility ($6.3 million),purchase of computer equipment and software for offices of Senators and committees ($10.3million), relocation of the Senate Recording Studio to the Capitol Visitors' Center (CVC)($5.2 million), continuation of technology upgrades in the Senate Recording Studio ($3.8million), enhanced security for Senators' state offices ($2.7 million), move and upgrades ofthe audio system infrastructure in the Senate chamber in connection with the CVC ($2.5million), and procurement and maintenance of correspondence management systems inSenators' offices ($4.3 million); (33)

activities of the Secretary of the Senate funded under "salaries, officers, and employees," an increase of 7.1%;

activities of the Secretary of the Senate funded under "contingent expenses of the Senate," a decrease of 68.0%; and

salaries of officers and their employees and mandatory Senate contributions to insurance and retirement programs for most Senate employees, an increaseof 7.1%.

Among other provisions of P.L. 108-83 are those that

made $500,000 available for a pilot postal patron mail program which allows mailing of postcards by Senators to provide notices of town meetings which they willattend; (34)

struck the limitation on expenses for the Conference of the Majority and the Conference of the Minority;

defined the authority of the Senate Commission on Art in the acceptance of monetary gifts and in the acquisition of art and historical items for display in the Senatewing of the Capitol and in Senate office buildings; and established a Senate CuratorialAdvisory Board and a Senate Preservation Fund;

authorized the Senate Sergeant at Arms to provide services and furnish equipment to certain Senate entities on a reimbursable basis;

provided authority to the Senate Committee on Rules and Administration to authorize the installation of data communication lines and other internetconnections in the home of each Senator and in the homes of two employees designated bya Senator; and

authorized Senators from states with high cost of living expenses (contiguous states) to provide additional funds to employees located in their states, andlimited the additional allowances to 25% of the basic salary of employees.

Language in the Senate Appropriations Committee report encouraged the Secretary of the Senate to study Senate employee pay, hiring, and benefits, and made $65,000 availablefor this purpose. (35)

Among the FY2004 budget requests were those for $5.9 million for a year's maintenance of recent security enhancements to the alternate computing facility and temporary assistancein processing of packages to the Senate until the new mail processing facility off the CapitolComplex is completed, and an additional $4.7 million to support the Senate's computerinfrastructure. (36)

Senate Committee Funding.

Appropriations for Senate committees are contained in two Senate accounts:

the inquiries and investigations account , which contains funds for all Senate committees except Appropriations, $118.5 million, an increase of 8.2%; and

the Committee on Appropriations account , $12.8 million, an increaseof 13.6%.

Support Agency Funding

Congressional Budget Office. Conferees agreed to a 6.1% increase in the FY2004 appropriation for the Congressional Budget Office(CBO), to $33.8 million from $31.9 million. Among other activities and personnel costs theappropriation funds are two additional FTE positions. The House bill contained $33.8million, an increase of 6.0%, and the Senate bill contained $33.6 million, an increase of 5.3%.

Conferees agreed to the House provision for CBO, along with other members of the Federal Accounting Standards Advisory Board, to contribute its appropriate share of theexpenses of the Board.

The FY2004 CBO request was $34.0 million, an increase of 6.6%, allowing for 236 positions. The agency requested three new positions, increasing staff from 233 to 236, toenhance CBO's "ability to make economic forecasts and project tax receipts;" continue theagency's visiting scholars' program for post doctoral fellows and academics with specializedexpertise; and allow staff promotions and merit increases and performance-based payincreases for managers and senior analysts who do not receive annual across the board payadjustments. (37)

General Accounting Office. Conferees appropriated $460.3 million to the General Accounting Office (GAO) for FY2004. Thesefunds reflect $466.3 million in direct appropriations and an offset of $6.0 million in receipts,which is an increase of 1.6% from $453.1 million made available for FY2003. (38)

The House appropriated $458.5 million, an increase of 1.2% , and the Senate, $462.1 million, an increase of 2.0%. Both houses approved GAO's request to fund 3,269 FTEs, andauthorized the Comptroller General to receive payments from the Securities and ExchangeCommission for GAO audits of the Commission's finances.

Language in the conference report

directed GAO to report to Congress with regard to the impact on GAO's mission and capabilities if it were to assume a role in technology assessment for the legislativebranch; directed the report be submitted to the House and Senate Committees onAppropriations by December 15, 2003; (39) and

authorized GAO, and other members of the Federal Accounting Standards Advisory Board, to contributed their appropriate shares of the Board'sexpenses.

The FY2004 GAO request was $466.6 million, an increase of 3.0%, and, as originally proposed, contained $4.8 million for security enhancements at GAO facilities. Congressapproved this appropriation in the FY2003 supplemental earlier in calendar year 2003. (40) GAOalso requested authority to use an additional estimated $6.0 million in revenues, which wasapproved by both houses in their versions of the FY2004 legislative funding bill.

The director of GAO noted during hearings earlier this year that the increase was primarily to fund mandatory pay and uncontrollable costs of goods. According to the director,the FY2004 budget proposal placed major emphasis on workforce development, includingadditional employee training and development programs to ensure "the ability to attract, retainand reward high-quality staff." The budget also contained a recommendation that Congresspass legislation to "facilitate GAO's continuing efforts to recruit and retain top talent, developa more performance-based compensation system, realign our workforce, and facilitate oursuccession planning and knowledge transfer efforts." (41)

Library of Congress. Conferees appropriated $526.1 million for operation of the Library of Congress (LOC), including theCongressional Research Service (CRS). This appropriation reflects the Library's authorityto spend $36.5 million in receipts, and an increase of 4.6% over $503.2 million madeavailable for FY2003.

The House bill made available $522.6 million, an increase of 3.8% over FY2003; the Senate bill made available $522.8 million, an increase of 3.9%.

The House Appropriations Committee funded 4,300 FTE positions, an FTE count that had been projected by the LOC; (42) the Senate didnot specify the number of FTEs funded inits appropriation. Conferees referred to 4,155 FTE positions funded in the bill, but did notcomment on the number of FTEs funded in the account, "Books for the Blind and PhysicallyHandicapped. (43)

In addition to appropriations for the regular administration of services and programs of the LOC, the conference agreement includes

$2.8 million for an alternate computer facility, primarily for emergencies;

8.8 million for the Adventures of the American Mindproject;

$905,000 for the Integrated Library System;

$500,000 for the Lincoln-Douglas debatesproject;

11.1 million for the National Audio-Visual ConservationCenter;

$500,000 for final funding of the Louisiana Purchase Bicentennialcelebration; and

a statement of conferees' expectation that during the upcoming mergerof the LOC and Capitol Police "security of the Capitol complex will take the highest priority,overriding jurisdictional concerns." (44)

Among other issues were those addressed by the Senate Committee on Appropriationswhich

directed the LOC to restructure its annual budget justification submitted to Congress; and

limited changes in the Global Legal Information Network (GLIN) to necessary modifications that would "provide an online digital law library of the official,authentic text of laws and related legal information for exclusive use by governmentauthorities from jurisdictions around the globe or international organizations that contributeofficial authenticated texts of laws, regulations, and related legal material to the database." (45)

The House Committee on Appropriations, in its report on H.R. 2657 , directed the Librarian of Congress to develop an interagency agreement with thesuperintendent of the Washington, D.C. public schools for making surplus books andperiodicals available to the school system. (46)

The FY2004 request of the Librarian of Congress was $540.1 million, an increase of $36.9 million (7.4%) from the FY2003 appropriation of $503.2 million. (47) In addition, theLibrarian requested congressional authorization to use $29.7 million in FY2004 from receipts. According to the Librarian, the increase was partially necessary "to improve physical securityand support collections security and management (including the construction of the nationalAudio-Visual Conservation Center at Culpeper, VA); to support the Copyright Office'sreengineering efforts; and to enhance access to CRS products and increase CRS researchcapacity in critical areas." (48)

Congressional Research Service. Conferees agreed to a 3.9% increase in funding for the Congressional Research Service, to$91.7 million from $88.3 million, which funds 729 FTE positions. (49) The appropriation is thesame as that approved by the Senate. The House bill contained $93.6 million, an increase of6.1%. Conferees dropped a Senate provision authorizing voluntary separation incentives,suggesting that CRS place the request in its FY2005 budget submission. Language in theSenate report requested CRS to use available personnel funds to pay for contract servicesduring FY2004.

The FY2004 request of CRS was $96.3 million, an increase of 9.1%. over the FY2003 appropriation of $88.3 million. According to the CRS director, the request allowed theagency to provide continuity of operations in the event of an emergency through a "securetechnical infrastructure;" to enhance its "research capability to procure, create, maintain andmanipulate the large data sets upon which CRS analysts rely to conduct their public policyassessments of legislative proposals and specific program implementation;" and to makeavailable to managers the means and incentives to "encourage staff retention." (50)

Government Printing Office. Conferees agreed to the Senate's recommendation of $135.6 million for FY2004 for the GovernmentPrinting Office (GPO). The funds are a 13.9% increase over FY2003's funding level of$119.0 million. Funds are appropriated in three accounts - congressional printing andbinding, Office of Superintendent of Documents (salaries and expenses), and, from time totime, the revolving fund. The agency's FY2004 appropriations are:

Congressional printing and binding -- $91.1 million, an increase of $1.6 million (1.7%) over the FY2003 appropriation of $89.6 million;

Office of Superintendent of Documents (salaries and expenses) -- $34.5million, an increase of $5.0 million (16.9%) over the appropriation of $29.5 million; (51) and

Government Printing Office Revolving Fund -- $10.0 million. (52)

The additional $10.0 million is a one-time expense to meet the expenses of a retirement separation incentive program which the agency implemented in April 2003. The public printerestimated the resulting savings to be $18.0 million per year after the investment is made. (53)

The House bill contained $130.6 million, an increase of 9.6% over FY2003; the Senate bill contained a 13.9% increase, the same increase requested by GPO.

The FY2004 Government Printing Office request was $135.6 million, an increase of $16.5 million (13.9%) over the FY2003 appropriation of $119.0 million.

Table 3. Legislative Branch Appropriations, FY2004(P.L.108-83; H.R. 2657; S.1383) (in thousands of dollars)

Source: House Committee on Appropriations.

a. FY2003 funds are contained in (1) P.L. 108-8 , FY2003 Legislative Branch Appropriations Act, and (2) P.L. 108-11 , FY2003 EmergencyWartime Supplemental Appropriations Act.

b. This is a new account, effective with the FY2003 legislative appropriation bill. Previously, CapitolPolice funds were contained under the jointitems account.

c. The center was named the Russian Leadership Program prior to FY2004.

d. The House does not consider appropriations for internal Senate operations.

e. The House does not consider appropriations for Senate office buildings contained in the budget of theArchitect of the Capitol.

f. This figure does not contain funds for internal Senate operations, which are funded in a separateaccount, or for Senate office buildings, whichare contained in the budget of the Architect of the Capitol.

g. The Senate does not consider appropriations for internal House operations.

h. The Senate does not consider appropriations for House office buildings contained in the budget of theArchitect of the Capitol.

i. This figure does not contain funds for internal House operations, which are funded in a separateaccount, or for House office buildings, whichare contained in the budget of the Architect of the Capitol.

Table 4. Capitol Police Appropriations, FY2004 (P.L.108-83; H.R. 2657; S. 1383) (in thousands of dollars)

Source: House Committee on Appropriations.

a. FY2003 funds are contained in (1) P.L. 108-8 , FY2003 Legislative Branch Appropriations Act ($27,917,000), and (2) P.L. 108-11 , FY2003 Emergency Wartime SupplementalAppropriations Act ($37,758,000).

Table 5. Architect of the Capitol Appropriations, FY2004 (P.L. 108-83; H.R. 2657; S.1383) (in thousands of dollars)

Source: House Committee on Appropriations.

a. FY2003 funds are contained in (1) P.L. 108-8 , FY2003 Legislative Branch Appropriations Act, and (2) P.L. 108-11 , FY2003 Emergency Wartime Supplemental Appropriations Act.

b. This figure includes a $39.985 million supplemental appropriation contained in P.L. 108-11 ,FY2003 Emergency Wartime Supplemental Appropriations Act. The regular annualappropriation was $23.9 million, to remain available until September 2007.

c. The House does not consider appropriations for Senate office buildings.

d. This figure does not include appropriations for Senate office buildings.

e. The Senate does not consider appropriations for House office buildings.

f. This figure does not include appropriations for House office buildings.

Table 6. Senate Appropriations, FY2004 (P.L.108-83; H.R.2657;S. 1383) (in thousands of dollars)

Source: House Committees on Appropriations

a. The Senate account contains seven appropriations headings, which are highlighted in bold.

b. FY2003 funds are contained in (1) P.L. 108-8 , FY2003 Legislative Branch AppropriationsAct, and (2) P.L. 108-11 , FY2003Emergency wartime supplemental appropriations act.

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

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

Table 7. House of Representatives Appropriations, FY2004(P.L.108-83; H.R. 2657)

(108th Congress, 1st Session) (in thousands of dollars)

Sources : House Committee on Appropriations

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. FY2003 funds are contained in (1) P.L. 108-8 , FY2003 Legislative Branch AppropriationsAct, and (2) P.L. 108-11 , FY2003Emergency Wartime Supplemental Appropriations Act.

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

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

Table 8. Legislative Branch Budget Authority Contained in Appropriations Acts, FY1995-FY2002 (Does not include permanent budget authority; in thousands ofcurrent dollars)

Note: This table reflects the title structure of the legislative branch appropriation bill prior to the FY2003 bill in which most appropriations werecombined in one title. For purposes of comparison from FY1995 through FY2002, this table follows the formerbill structure. An upcomingversion of this report will contain historical data in the new bill structure.

Sources: Budget authorities for FY1995-FY2002 are from the House Appropriations Committee. FY1995 budget authorities reflect rescissions anda supplemental contained in P.L. 104-19 , 109 Stat. 219-221, July 27, 1995, FY1995 Supplemental and RescissionsAct ( H.R. 1944 ). FY1996budget authorities reflect rescissions contained in P.L. 104-208 , 110 Stat. 3009-510-511, Sept. 30, 1996, FY1997Omnibus Consolidated AppropriationsAct ( H.R. 3610 ). FY1998 budget authorities represent supplementals contained in P.L. 105-174 , May 1,1998, and an $11 million transferto the Government Printing Office (GPO) from the GPO revolving fund. FY1999 budget authorities containemergency supplemental appropriations in P.L. 105-277 , and supplemental appropriations in P.L. 106-31 . FY2000 budget authorities contain a supplementaland a 0.38% rescission in P.L. 106-113 . Totals reflect rounding. FY1999 budget authority contains $223.7 million in emergency supplementalappropriations ( P.L. 105-277 ), and $3.8 millionfor expenses of a House page dormitory and $1.8 million for expenses of life safety renovations to the O'Neill HouseOffice Building ( P.L. 106-31 ). TheFY1999 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 Houseand 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 multipliedby that year's budget authority. Source for 1995-2000 index figures is the Bureau of Labor Statistics. Source for2001 estimate is the CongressionalBudget Office.

Notes:

a. Prior to FY1978, the legislative branch appropriations act contained numerous titles. Effective inFY1978, Congress restructured the legislative billso that it would "more adequately reflect actual costs of operating the U.S. Congress than has been true in the pastyears" (H.Rept. 95-450, FY1978Legislative Appropriations). As a result, the act was divided into two titles. Title I, Congressional Operations, wasestablished to containappropriations for the actual operation of Congress. Title II, Related Agencies, was established to contain thebudgets for activities not consideredas providing direct support to Congress. Periodically, the act has contained additional titles for such purposes ascapital improvements and specialone-time functions.

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

c. Includesbudget authority contained in the FY1999 regular annual Legislative Branch AppropriationsAct ( P.L. 105-275 ), $223.7 million in FY1999emergency supplemental appropriations in P.L. 105-277 , and $5.6 million in FY1999 supplemental appropriationsin P.L. 106-31 .

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

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

f. Includes $106,782,000 for emergency security enhancements funded under the Capitol Police Board'sgeneral expenses account ( P.L. 105-277 ). Thetotal 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 underthe Architect of the Capitol's Capitolbuildings account, in "salaries and expenses" ( P.L. 105-277 ), and includes $3.8 million for expenses of a House pagedormitory and $1.8 millionfor 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 accountof the General Accounting Office for completionof 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; FY2001supplemental appropriations of $118 million and a 0.22% across-the-board rescission contained in H.R. 5666 ,miscellaneousappropriations 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 ConsolidatedAppropriations Act. The first FY2001 legislative branch appropriations bill, H.R. 4516 , was vetoed Oct. 30, 2000.

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

See notes at end of Table 8.

For Additional Reading

CRS Reports

CRS Report RL31012 . Legislative Branch Appropriations for FY2003 , by Paul Dwyer.

CRS Report RL30212 . Legislative Branch Appropriations for FY2002 , by Paul Dwyer.

CRS Report 98-212 . Legislative Branch Appropriations for FY2001 , by Paul Dwyer.

Selected Web Sites

These sites contain information on the FY2003 and FY2004 legislative branch appropriations requests 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/