Appropriations for FY2002: Treasury, Postal Service, Executive Office of the President, and General Government

Congressional research reportJan 16, 2002

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Text

Order Code RL31002

CRS Report for Congress

Received through the CRS Web

Appropriations for FY2002: Treasury, Postal

Service, Executive Office of the President, and

General Government

Updated January 16, 2002

name redacted, Coordinator

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

bound 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 Treasury, Postal Service, and General Government. 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 FY2002: Treasury, Postal Service,

Executive Office of the President, and General

Government

Summary

The Treasury, Postal Service, Executive Office of the President, and General

Government FY2002 appropriation, P.L. 107-67, totals $32.4 billion. Congressional

Budget Office scorekeeping puts the totals at $32.8 billion ($15.7 billion mandatory

and $17.1 discretionary. The House passed an appropriation totaling $32.7 billion.

The Senate-passed bill would have funded the accounts at $32.8 billion. The

conference agreement would provide a 4.6% pay adjustment in January 2002 for

federal civilian employees. Several of the accounts within the bill are also receiving

funding through the Emergency Response Fund under P.L. 107-38 and P.L. 107-117.

On April 9, 2001, President George W. Bush submitted his FY2002 budget to

Congress. The budget documents show, for accounts funded through the Treasury,

Postal Service, and General Government appropriations bill, a proposed FY2002

discretionary budget authority of $16.6 billion and proposed outlays of $16.3 billion.

This represents a $1 billion increase over the FY2001 enacted estimates (estimates do

not reflect the enacted FY2001 supplemental). Realistically, the estimates which

were offered earlier in the year are no longer current. Several of the covered accounts

fund activities affected either directly by, or as a consequence of response to, the

attacks of September 11.

Accounts in the Department of the Treasury, Bureau of Alcohol, Tobacco, and

Firearms, U.S. Customs Service, U.S. Secret Service, and the General Services

Administration usually receive funding for functions related to countering terrorism.

Emergency Response Fund allocations, as provided by P.L. 107-38, the Emergency

Supplemental Appropriations Act for Recovery from and Response to Terrorist

Attacks on the United States, FY2001, have gone to accounts in the Department of

the Treasury, the Executive Office of the President and the General Services

Administration. To date, those accounts have been allocated $147.5 million from the

Emergency Response Fund. Those allocations are not included in the totals above.

Pursuant to recent negotiations, between the White House and Congress, on

new overall funding levels, the October 9 House allocation for the spending

allocations for the Treasury and General Government accounts remain at $17.022

billion. The Senate Appropriations Committee allocated $17.118 billion on October

11.

Key Policy Staff

CRS

Division

Tel.

William Krouse

DSP

7-....

Council of Economic Advisers

(name redacted)

G&F

7-....

Customs Service

William Krouse

DSP

7-....

Cuba

Mark Sullivan

FDT

7-....

Department of the Treasury

(name redacted)

G&F

7-....

Debt Management

James Bickley

G&F

7-....

Executive Office of the President

Barbara Schwemle G&F

7-....

Federal Child Care

(name redacted)

DSP

7-....

Federal Election Commission

Joseph Cantor

G&F

7-....

Federal Employee Health Care Policy

Carolyn Merck

DSP

7-....

Federal Employee Pension Policy

(name redacted)

DSP

7-....

General Services Administration

(name redacted)

G&F

7-....

Independent Agencies

Sharon Gressle

G&F

7-....

Internal Revenue Service

(name redacted)

G&F

7-....

National Archives

Harold Relyea

G&F

7-....

Office of Government Ethics

(name redacted)

G&F

7-....

Office of Personnel Management

Barbara Schwemle G&F

7-....

Olympic Games

Gary Galemore

G&F

7-....

Postal Service

(name redacted)

G&F

7-....

Presidential Salary

Sharon Gressle

G&F

7-....

Procurement Reform

(name redacted)

G&F

7-....

Secret Service

(name redacted)

G&F

7-....

Terrorism

Sharon Gressle

G&F

7-....

Area of Expertise

Name

Bureau of Alcohol, Tobacco, and Firearms

Contents

Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Rescissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Performance Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Status and Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

House Committee Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

House Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

House Consideration and Passage . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Senate Committee Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Senate Consideration and Passage . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Conferees Appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Conference Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Presidential Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Continuing Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Treasury and General Government Appropriations, FY2002 . . . . . . . . . . . . . . 10

Budget and Key Policy Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Department of the Treasury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Bureau of Alcohol, Tobacco, and Firearms (ATF) . . . . . . . . . . . . . . 12

Customs Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Internal Revenue Service (IRS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

U. S. Secret Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

U.S. Postal Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Semipostals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Shipping Day-Old Poultry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Conference Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Executive Office of the President and Funds Appropriated to

the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Compensation of the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

White House Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Executive Residence (White House) . . . . . . . . . . . . . . . . . . . . . . . . . 22

Special Assistance to the President (Office of the Vice President)

and Official Residence of the Vice President . . . . . . . . . . . . . . 23

Council of Economic Advisers (CEA) . . . . . . . . . . . . . . . . . . . . . . . 24

Office of Policy Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

National Security Council (NSC) . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Office of Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Office of Management and Budget (OMB) . . . . . . . . . . . . . . . . . . . . 25

Office of National Drug Control Policy (ONDCP) . . . . . . . . . . . . . . 25

Federal Drug Control Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Unanticipated Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Independent Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Federal Election Commission (FEC) . . . . . . . . . . . . . . . . . . . . . . . . . 27

Federal Labor Relations Authority (FLRA) . . . . . . . . . . . . . . . . . . . 28

General Services Administration (GSA) . . . . . . . . . . . . . . . . . . . . . . 28

Merit Systems Protection Board (MSPB) . . . . . . . . . . . . . . . . . . . . . 31

National Archives and Records Administration (NARA) . . . . . . . . . . 31

Office of Government Ethics (OGE) . . . . . . . . . . . . . . . . . . . . . . . . . 33

Office of Personnel Management (OPM) . . . . . . . . . . . . . . . . . . . . . 33

Office of Special Counsel (OSC) . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Administration General Provision Proposals . . . . . . . . . . . . . . . . . . . 37

Terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Counterterrorism Activity Funding — OMB Annual Report . . . . . . . . . . . 39

Emergency Response Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Emergency Supplemental Authorized Under P.L. 107-38 . . . . . . . . . . . . . 41

Office of Homeland Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Federal Personnel Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Federal Wage System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Members of Congress, Judges, and Other Officials . . . . . . . . . . . . . 54

President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Federal Employees Health Benefits Program . . . . . . . . . . . . . . . . . . . . . . 55

Federal Child Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Federal Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Privacy Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

2002 Winter Olympics and Paralympics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Cuban Travel Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

Major Funding Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

General Government Function (800) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

Department of the Treasury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

Internal Revenue Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

Financial Management Service (FMS) . . . . . . . . . . . . . . . . . . . . . . . 68

Bureau of the Public Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

U.S. Mint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

Bureau of Engraving and Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

General Services Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

Office of Personnel Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

Office of Management and Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Tax Incentives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Glossary of Budget Process Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

For Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

Congressional Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

CRS Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

Other Readings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

Selected World Wide Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

List of Tables

Table 1. Status of FY2002 Appropriations for the Treasury, Postal Service,

Executive Office of the President, and General Government . . . . . . . . . . . . 9

Table 2. Department of the Treasury and General Services Administration Funding

to Combat Terrorism Including Defense Against

Weapons of Mass Destruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Table 3. Emergency Response Fund Allocations . . . . . . . . . . . . . . . . . . . . . . 44

Table 4. Emergency Supplemental Allocation Request and Enactment . . . . . . 48

Table 5. Appropriations for the Treasury, Postal Service, Executive Office

of the President, and General Government, FY1997 to FY2001 . . . . . . . 62

Table 6. Treasury, Postal Service, Executive Office of the President, and General

Government Appropriations, FY2002, by Title and Major Accounts . . . . 63

Table 7. Department of the Treasury, Postal Service, Executive Office

of the President, and General Government Appropriations . . . . . . . . . . . 64

Appropriations for FY2002: Treasury, Postal

Service, Executive Office of the President,

and General Government

Most Recent Developments

P.L. 107-67 (H.R. 2590), Department of the Treasury, Postal Service, Executive

Office of the President, and General Government Appropriations for FY2002, was

approved by the President November 12.

Congress has received several messages from the President allocating funds

from the Emergency Response Fund by P.L. 107-38, the Emergency Supplemental

Appropriations Act for Recovery from and Response to Terrorist Attacks on the

United States, FY2001. P.L. 107-38 also authorized additional emergency funding

which was enacted under P.L. 107-117, Division B, FY2002 Defense Appropriation.

Several accounts in the Treasury and General Government appropriation are

affected. (See Terrorism section of this report for more details.)

On December 28, the President signed Executive Order 13249, establishing the

federal pay schedules effective January 2002.

Introduction

The President, through the Office of Management and Budget (OMB), is

required to submit to Congress, annually, the Budget of the United States

Government. The FY2002 budget was submitted to Congress on April 9, 2001.1 In

late February 2001, the President and the Office of Management Budget released A

Blueprint for New Beginnings, A Responsible Budget for America’s Priorities.2 It

is intended to present a 10-year budget plan and provides more of an overview than

1

U.S. Office of Management and Budget, Budget of the United States Government, Fiscal

Year 2002, April 9, 2001(Washington: GPO, 2001). Hereinafter the budget documents will

be cited as FY2002 Budget with the specific document noted.

2

U.S. Executive Office of the President, Office of Management and Budget, A Blueprint for

New Beginnings, A Responsible Budget for America’s Priorities (Washington: GPO, 2001),

207 p. Available at [http://www.gpo.gov/usbudget/index.html].

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details on specific accounts.3 In summary, the proposed budget would fund the

accounts in the Treasury and General Government appropriations legislation at $16.6

billion (discretionary).4 This is more than a $1 billion over the estimated FY2001

funding levels, not taking into consideration the supplemental funding subsequently

enacted.

Under the budget procedures, Congress adopts a concurrent resolution

establishing the congressional budget for the government and setting forth budgetary

levels for several years in the future. The House and Senate Appropriations

Committees then allocate the discretionary funding levels (302(b)) allocations to each

of the subcommittees. Those allocations are subject to change. Subsequent to the

September 11 attacks and the need for reordering funding priorities, Congress and the

White House negotiated and new allocations were developed. For accounts covered

in this bill the House allocated, on October 9, $17.022 billion and the Senate, on

October 11, allocated $17.118 billion.

With the FY2001 supplemental5 funding factored in, the total FY2001 estimated

funding for these accounts is $16.7 billion in discretionary funding. The conference

agreement would provide $17.069 billion in discretionary funding. This falls between

the House and Senate allocations.6

Appropriations for the Department of the Treasury, in addition to funding the

operations of the department, fund the work of a group of law enforcement

organizations, which include the Bureau of Alcohol, Tobacco, and Firearms; the

Customs Service; the Secret Service; the Financial Crimes Enforcement Network; and

the Federal Law Enforcement Training Center. Treasury appropriations also cover

the Internal Revenue Service, the Financial Management Service, and the Bureau of

the Public Debt.

For the most part, the U. S. Postal Service has become self-supporting. Federal

contributions are limited to payments to the Postal Service Fund to compensate for

revenues forgone (e.g., free postal service for the blind.)

Appropriations for the Executive Office of the President provide salaries and

expenses for the White House Office, operations of the residences of the President

and Vice President, and most other agencies within the Executive Office of the

President (EOP). Organizations such as the Council of Economic Advisers, the

National Security Council, the Office of Management and Budget, and the Office of

National Drug Control Policy (ONDCP) are funded through these provisions.

3

For discussion of the of the accounts in the FY2001 Treasury, Postal Service, Executive

Office of the President, and General Government appropriations, see CRS Report RL30502,

Appropriations for FY2001: Treasury, Postal Service, Executive Office of the President,

and General Government, coordinated by (name redacted).

4

FY2002 Budget, Budget, Table S-7, p. 227.

5

P.L. 107-20; July 24, 2001; 115 Stat. 155.

6

Based on data provided by the House Committee on Appropriations, Oct. 26, 2001.

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Specific funding for drug control initiatives is appropriated for distribution to other

entities by the ONDCP.

Among the independent agencies financed through this appropriation are the

Federal Election Commission, the General Services Administration, the National

Archives and Records Administration, the Office of Personnel Management, the

Office of Special Counsel, and the United States Tax Court.

The Treasury and General Government appropriation always has at least two

titles in addition to the four covering the funding for specific agencies. These general

titles apply restrictions or “rules of the road” governmentwide and, quite often,

contain authority for defined actions. For example, each year, there is standard

language which prohibits the use of any appropriated funds for the purpose of

employing individuals who are not U.S. citizens or citizens of nations either specified

in that section of the act or on the State Department list of nations covered by

treaties; which requires that all agencies maintain drug-free workplaces; and which

authorizes the expenditure of funds appropriated under any act to be used to pay the

travel expenses of immediate family members if a federal employee serving overseas

has died or has a life-threatening illness.

Rescissions

As part of the Consolidated Appropriations Act of 2001, P.L. 106-554, there

was a .22% across-the-board rescission of FY2001 discretionary budget authority and

obligation limitations funds (section 1403, H.R. 4577/H.R. 5666).7 All accounts in

the Treasury and General Government appropriations are affected. The Office of

Management and Budget (OMB) is required to report on the implementation of the

rescission when the FY2002 budget is submitted. On January 5, 2001, the Office of

Management Budget issued guidelines to the agencies.8

The budget documents submitted to Congress April 9, 2001 provide account-byaccount details on the rescission.9 The total rescission of FY2001funds was

$1,088,962,000. The rescission amounts for the accounts discussed in this report will

be presented in the context of the account presentation below.

Performance Plans

The funding decisions for agencies are increasingly referencing the performance

plans, goals, and measures set by the agencies. Some of the general goals are

discussed below in the “General Government Function” section. Specific goals and

7

See: CRS Report RS20758, The .22 Percent Across-the-Board Cut in FY2001

Appropriations, and CRS Report RS20756, FY2001 Consolidated Appropriations Act:

Reference Guide, both by (name redacted).

8

U.S. Office of Management and Budget, Rescission of FY2001 Discretionary Budget

Authority, Bulletin No. 01-03 to the heads of executive departments and agencies, Jan. 5,

2001. [http://www.whitehouse.gov/OMB/bulletins/b01-03.html]

9

FY2002 Budget, Analytical Perspectives, pp. 337-358.

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measures can be found in the Budget Appendix for some of the agency accounts. For

example, the Internal Revenue Service in the Department of the Treasury sets out a

substantial series of “Key Operational Measures and Performance Indicators.” These

are organized by FY2000 actual, the FY2001 Performance Plan, and the FY2002

President’s Budget.10

The FY2001 funding levels in the text and tables in this report were

provided by the House Appropriations Committee, reduced by the rescission

data found in the FY2002 budget. The FY2002 funding levels in the text and

tables are, unless otherwise noted, those provided by the House Committee on

Appropriations. These figures, rather than those found in the budget

submission, are used because they are the basis on which appropriators make

their decisions and provide the most recent updated information.

The Budget documents provided by the Office of Management and Budget

and the appropriations bills do not necessarily follow the same organization of

accounts. For example, not all of the agencies which are organizationally within

the Executive Office of the President, as found in the budget, are funded

through the Treasury, Postal Service, and General Government appropriations

legislation. Also, the FY2002 and FY2001 individual account data in this report

do not reflect scorekeeping by the Congressional Budget Office.

See the glossary for definitions of discretionary and mandatory spending.

In some instances, the mandatory levels drive up the percent of increase

represented in the appropriation. The appropriators are bound by those

entitlements under permanent law and control only the discretionary spending

levels. The data in the tables and the funding levels provided in the text, unless

otherwise noted, reflect the mandatory and discretionary funding combined.

FTE, or full-time equivalent, is a budgetary term and does not represent

the number of personnel employed by, or the number of actual positions allowed

in, a department or agency. The FTE number is calculated by dividing the total

number of staff hours worked in a given 12-month period (usually the fiscal

year) by the total number of hours in a workyear (2087). The number of onboard personnel at any given time and the total number of people working in the

organization during the course of the year are two entirely different statistical

results. Seasonal employment and part-time employment are two factors which

make the FTE and actual employment figures differ.

10

FY2002 Budget, Appendix, p. 861.

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Status and Legislative History

Bills are introduced in the House and Senate when the Committees on

Appropriations have completed markup on the provisions. Usually the Treasury,

Postal Service, Executive Office of the President, and General Government

Subcommittees draft legislation and the accompanying reports. The full committees

use these documents as a basis for discussion and mark up. From the time legislation

is introduced, and through enactment, the status will be noted in Table 1.

Hearings. Hearings in the House subcommittee began March 21, with nine

scheduled between then and May 10.11 Hearings in the Senate began April 26, with

three additional sessions through May 17.12

House Committee Action. On July 11, 2001, the Subcommittee on

Treasury, Postal Service, and General Government, by voice vote, approved a

spending measure. The full House Committee on Appropriations, also by voice vote,

approved the measure on July 17, 2001. H.R. 2590 was introduced July 23, 2001,

accompanied by H.Rept. 107-152.13

House Rule. On July 24, the House Committee on Rules issue a special rule

(H. Res. 206) for the consideration of H.R. 2590.14 It was an open rule providing one

hour of general debate equally divided and waiving all points of order against the bill.

It provided that the amendments printed as part of the rule (one related to Olympics

funding and one related to the Department of the Treasury Expanded Access account)

would be considered as adopted. Points of order were waived against provisions of

the bill for failure to comply with rule XXI (prohibiting unauthorized or legislative

provisions in a general appropriations bill) and against amendment number 5 (affecting

travel between the United States and Cuba), if it properly offered. It provided that

the bill will be considered by paragraph and instructed the Chairman of the Committee

of the Whole to accord priority in recognition to Members who have pre-printed their

amendments in the Congressional Record.15 The rule was adopted July 25 (Roll No.

267, 293-129, H4549-53).

11

The House subcommittee’s hearing schedule

[http://www.house.gov/appropriations/hearings/hear02tp.htm].

can

be

found

at

12

can

be

found

at

The Senate subcommittee’s hearing schedule

[http://www.senate.gov/~appropriations/hearing.htm].

13

U.S. Congress, House Committee on Appropriations, Treasury, Postal Service, and

General Government Appropriations Bill, 2002, a report to accompany H.R. 2590, 107th

Cong., 1st sess., H. Rept. No. 107-152, July 23, 2001 (Washington: GPO, 2001). Referred

to hereafter as House Report.

14

H. Res. 206, H. Rept. 107-158. See [http://www.house.gov/rules/107rule2590.htm].

15

See, “Amendments,” Congressional Record, 107th Cong., 1st sess., July 24, 2001, p.

H4542.

CRS-5

House Consideration and Passage. By a vote of 334-94 (Roll No. 274),

on July 25, 2001, the House considered and passed, amended, H.R. 2590.16 The

amendments agreed to were

! an amendment offered by Rep. Istook which would consolidate appropriations

for various accounts with Title, III, the Executive Office of the President

(H4570-71),

! an amendment offered by Rep. Collins making available $14 million from the

Federal Buildings Fund for a National Archives and Records Administration

building in Georgia (H4588-89),

! an amendment offered by Rep. Traficant which would prohibit funds to any

person or entity that have been convicted of violating the Buy American Act

(H4589-90),

! an amendment offered by Rep. Barney Frank that would prohibit payments to

persons appointed to positions, for which he or she had been nominated, after

the Senate has voted not to confirm the appointment (H4590-92),

! an amendment offered by Rep. Sanders that would prohibit the release of

merchandise for which the U.S. Customs Service has a detention order on th

basis that is was made by forced or indentured child labor (H4593-94),

! an amendment offered by Rep. Flake, as a substitute to an amendment offered

by Rep. Smith, that would prohibit funding to administer the Cuban Assets

Control Regulations with respect to any travel or travel-related transaction

(Roll No. 270, 240-186, H4599-H4604, H4607), and

! the Smith amendment, as amended by the Flake amendment (H4598-H4604,

H4607). (See discussion below under “Cuban Travel Restrictions.”)

The House rejected

! an amendment offered by Rep. Inslee that would have stricken the provision

(see section 634 under general provisions discussion below) which would

clarify that the Department of the Navy is responsible for the costs of utilities

at the residence of the Vice President (Roll No. 268, 141-285, H4577-86,

H4595)

! an amendment offered by Rep. Hinchey that would have stricken the provision

(see section 635 under general provisions discussion below) which would

authorize the Secretary of the Navy to accept consumable goods for use at

official functions at the residence of the Vice President (Roll No. 269, H458688, H4595-96),

! an amendment offered by Rep. Wynn that would have prohibited funding for

any new service procurement arrangements unless competed under the

provisions of the Federal Activities Inventory Reform Act of 1998 (P.L. 105270) (H4596-98),

! an amendment offered by Rep. Rangel that would have prohibited funding to

implement, administer, or enforce the economic embargo of Cuba except for

provisions that relate to the denial of foreign tax credits or the implementation

16

“Treasury and General Government Appropriations Act, 2002,” Congressional Record,

107th Cong., 1st sess., July 25, 2001, pp. H4553-46222. Hereafter referred to as House

Passage.

CRS-6

of the Harmonized Tariff Schedule of the United States (Roll No. 271, 201227, H4604-07, H4607-08),

! an amendment by Rep. Traficant that would have prohibited bonus or incentive

payments to senior officials of the Internal Revenue Service (Roll No. 272, 24401, H4608-09, H4620-21), and

! an amendment offered by Rep. Filner that would have prohibited funding to

implement the final report of the President’s Commission to Strengthen Social

Security (Roll No. 273, 188-238, H4614-20, H4621).

Two amendments were withdrawn (Rep. Weldon (FL) prohibiting

implementation of certain proposed IRS regulations and Rep. Hastings (FL)

increasing funding for the Federal Elections Commission for updated state and local

voting systems). A point of order was sustained against a proposal to establish a

commission to oppose the privatization of Social Security (Rep. Kucinich). Also

rejected was a motion to report the bill back to the House for the purpose of striking

the enacting clause (Rep. Obey).

Senate Committee Action. On July 26, the Senate Committee on

Appropriations, by a vote of 29-0, approved a spending measure. S. 1398 was

introduced September 4, 2001, accompanied by S. Rept. 107-57.17

Senate Consideration and Passage. On September 19, the Senate, by

voice vote, passed H.R. 2590, amended.18 All offered amendments were agreed to:

! Amendment No. 1570, offered by Senators Dorgan and Campbell which would

substitute the language of S. 1398 for that of H.R. 2590, as referred by the

House (S9477),

! Amendment No. 1575, offered by Senators Dorgan and Campbell which would

make“technical amendments and further improvements” by language changes

in the National Archives account text, by adding new general provisions

sections in the General Services Administration section (striking language in

the FY2001 statute and directing deed transfer action for a specific parcel),

stipulating a portion of Federal Law Enforcement Training Center funds for

participant per diem, adding a new general provision section changing the

reporting deadline of the United States-China Security Review Commission,

changing the allocation for the Midwest HIDTA under the federal drug control

program, amending the appointing authority of the Archivist of the United

States with regard to the directors of the presidential archival depositories, by

adding a funding allocation in the U.S. Customs Service account for

developing a curriculum for the training of law enforcement dogs to combat

and respond to terrorist activities, and by adding a general provisions section

17

U.S. Congress, Senate, Committee on Appropriations, Treasury and General Government

Appropriation Bill, 2002, a report to accompany S. 1398, 107th Cong., 1st sess., S.. Rept. No.

107-57, September 4, 2001 (Washington: GPO, 2001). Referred to hereafter as Senate

Report.

18

“Treasury and General Government Appropriations Act, 2002,” Congressional Record,

107th Cong., 1st sess., Sept. 19, 2001, pp. S9470-77, S9485-86, S9489-90, and S9491-9497.

Hereafter referred to as Senate Passage.

CRS-7

reauthorizing the breast cancer research special postage stamp (S9526 (text)

and S9489-90 consideration and adoption),

! Amendment No. 1576, offered by Senators Bingaman and Domenici which

would authorize state, regional, or local transportation authorities that receive

Federal Transit Administration assistance or grants, to purchase heavy-duty

transit buses through GSA (S9491),

! Amendment No. 1578, offered by Senator Dorgan for Senator Kohl for the

purpose of improving the collection of information relating to the introduction

of foreign animal disease (S9491-92),

! Amendment No. 1577, offered by Senator Dorgan for Senator Campbell to

provide that the Postal Service may require any air carrier to accept as mail

shipments of day-old poultry and such other live animals as postal regulations

allow to be transmitted as mail matter (S9491-92),

! Amendment No. 1573, offered by Senators McConnell and Burns to authorize

the Secretary of the Treasury to issue War Bonds in support of recovery and

response efforts relating to the September 11, 2001 highjackings and attacks

on the Pentagon and the World Trade Center (S9485-86, S9493, S9526

(text)),

! Amendment No. 1574, as modified, offered by Senator Dorgan for Senator

Johnson to authorize the Secretary of the Treasury to issue Unity Bonds in

support of recovery and response efforts relating to the September 11, 2001

highjackings and attacks on the Pentagon and the World Trade Center (S948788, S9493, S9526 (text)),

! Amendment No. 1579, offered by Senator Dorgan for Senator Hollings to

designate the G. Ross Anderson, Jr. Federal Building and Courthouse in

Anderson, South Carolina (S9493),

! Amendment No. 1583, offered by Senator Dorgan for Senator Clinton, et al,

to provide that the Postal Service may issue a special commemorative postage

stamp in order to provide financial assistance to the families of emergency

relief personnel killed or permanently disabled in the line of duty in connection

with the terrorist attacks against the United States on September 11,

2001(S9494-95, S9547(text)), and

! Amendment No. 1584, offered by Senator Dorgan for Senator Hatch to

designate the state of Utah as a High Intensity Drug Trafficking Area and to

provide funding (S9495, S9547 (text)),

Conferees Appointed. On September 19, the Senate insisted on its

amendment and requested a conference with the House. Senate conferees were

named: Senators Dorgan, Mikulski, Landrieu, Reed, Byrd, Campbell, Shelby,

DeWine, and Stevens. On October 5, House conferees were named: Representatives

Istook, Wolf, Northrup, Sununu, Peterson (Pennsylvania), Tiahrt, Sweeney,

Sherwood, Young (Florida), Hoyer, Meek, Price, Rothman, Visclosky, and Obey.

Conference Agreement. On October 26, 2001 the conferees filed the report

reflecting their agreement on H.R. 2590.19 The Senate version of the bill was used as

19

U.S. Congress, House of Representatives, Making Appropriations for the Treasury

Department, the United States Postal Service, the Executive Office of the President, and

(continued...)

CRS-8

the basic vehicle for the conference. Directions to the agencies contained in the

House and Senate reports are to be fulfilled. Dates, since gone, specified in the

provisions as passed were extended to January 2, 2002. There were several funding

differences in the two versions and those are discussed below in the Budget and

Policy Issues section for the various organizations.

On October 31, 2001, the House, on a vote of 339-85 (Roll No. 413), agreed

to the conference language.20 The previous day the House had agreed that it would

be in order to consider the conference report at any time and to waive all points of

order against the conference report and its consideration.21 Following an unanimous

consent agreement providing for consideration, the Senate, on November 1, agreed

to the conference report on a vote of 83-15 (Vote No. 321).22

Presidential Action. President Bush approved P.L. 107-67 on November 12,

2001.23

Table 1. Status of FY2002 Appropriations for the Treasury,

Postal Service, Executive Office of the President, and General

Government

(See Table 7 for breakdown of accounts within bills.)

Subcommittee

Markup

House

July

11

Conf.

Report

Conference

Report Approval

Senate

House

Report

House

Passage

Senate

Report

Senate

Passage

House

Senate

Public Law

--

July 17

H.Rept.

107-152

July 25

vote:

334-97

Sept. 4

S.Rept.

107-57

Sept. 19 Oct. 26

voice H. Rept. Oct. 31

vote

107-253 339-85

Nov. 1

83-15

Nov. 12

P.L. 107-67

19

(...continued)

Certain Independent Agencies, for the Fiscal Year ending September 30, 2002, and for

Other Purposes, a conference report to accompany H.R. 2590, 107th Cong., 1st sess., H. Rept.

107-253, Oct. 26, 2001 (Washington: GPO, 2001). Referred to hereafter as Conference

Report.

20

“Conference Report on H.R. 2590, Treasury and General Government Appropriations Act,

2002,” Congressional Record, daily edition, vol. 147, Oct. 31, 2001, pp. H7536-45, H755758.

21

“Making in Order at Any time Consideration of Conference Report on H.R. 2590, Treasury

and General Government Appropriations Act of 2002," Congressional Record, daily edition,

vol. 147, Oct. 30, 2001, p. H7380.

22

“Treasury and General Government Appropriations Act, 2002 – Conference Report,”

Congressional Record, daily edition, vol. 147, Nov. 1, 2001, pp. 11329-33, S11344-45.

23

P.L. 107-67; Nov. 12, 2001; 115 Stat. 514.

CRS-9

Continuing Resolution

On September 28, 2001 the President approved P.L. 107-4424 The continuing

resolution funded unappropriated accounts through October 16. The funding is

available for programs in effect during FY2001 and funded at the rates current as of

the close of FY2001. On October 12, P.L. 107-48 (H. J. Res. 68) was signed,

extending the funding through October 23. P.L. 107-53 (H. J. Res. 69, October 22,

2001) further amended P.L. 107-44 to fund the accounts through October 31. P.L.

107-58 (October 31, H. J. Res. 70) provided funding through November 16. With

the approval of P.L. 107-67, the accounts in the Treasury and General Government

Appropriation were no longer subject to the continuing resolutions.

Treasury and General Government Appropriations,

FY2002

Budget and Key Policy Issues

Department of the Treasury

The Department of the Treasury performs four basic functions: (1) formulating,

recommending, and implementing economic, financial, tax, and fiscal policies; (2)

serving as the financial agent for the federal government; (3) enforcing federal

financial, tax, tobacco, alcoholic beverage, and gun laws; and (4) producing all

postage stamps, currency, and coinage. Viewed at its most basic level, the

department consists of two components: departmental offices and operating bureaus.

The departmental offices are responsible for the formulation and implementation of

policy and the management of the department as a whole, while the operating bureaus

carry out specific duties assigned to the department. The bureaus accounted for 98%

of Treasury Department employment and 97% of its funding in FY2001. With one

exception, the bureaus can be separated into those having financial duties and those

engaged in law enforcement. Financial duties are handled by the Comptroller of the

Currency, U.S. Mint, Bureau of Engraving and Printing, Financial Management

Service, Bureau of Public Debt, Community Development Financial Institutions Fund,

and Office of Thrift Supervision. Law enforcement is done by the Bureau of Alcohol,

Tobacco, and Firearms, U.S. Secret Service, Federal Law Enforcement Training

Center, U.S. Customs Service, Financial Crimes Enforcement Network, and Treasury

Forfeiture Fund. The sole exception to this simple dichotomy is the Internal Revenue

Service (IRS), which performs both financial functions and law enforcement through

its administration of federal tax laws.

Under P.L. 107-67, funding for Treasury operations in FY 2002 totals $15.042

billion, which is about $1 billion more than the department received in FY 2001.

Perpetuating a longstanding trend, the IRS constitutes the single largest account in

the department’s FY 2002 budget, accounting – as it did in FY 2001 – for 63% of

total enacted funding. Other major accounts are the budgets for the Customs Service

24

P.L. 107-44; Sept. 28, 2001; 115 Stat. 253; H.J. Res. 65 (107th Congress).

CRS-10

(18% of total funding), Secret Service (6%), and Bureau of Alcohol, Tobacco, and

Firearms (5%). Compared to FY 2001, the largest percentage increase in funding is

for the Financial Crimes Enforcement Network (FinCen), whose budget is 41%

greater. Large increases have also been enacted for the Customs Service (18%

greater), Secret Service (11% greater), and Treasury Department Systems and Capital

Investments Programs (11% greater). Part of the year-to-year increase in funding for

FinCen is to cover expenses related to its involvement in security planning and

operations for the 2002 Winter Olympics. Several Treasury Department accounts are

being funded at reduced levels in FY 2002 compared to FY 2001. The largest

percentage cuts are for spending on the Expanded Access to Financial Services (or

First Accounts) program (80% smaller), the Counterterrorism Fund (17% smaller),

and the Financial Management Service (17% smaller). The First Accounts program

is intended to make it easier for low- and middle-income individuals to gain access to

a variety of financial services.

The Treasury Department plays an important role in federal efforts to combat

terrorism through its statutory missions and law enforcement responsibilities.

Treasury bureaus are responsible for protecting the President; designing and

implementing security at special events like the 2002 Winter Olympics; investigating

incidents involving arson and the use of explosives and firearms; monitoring and

analyzing the financing of terrorist activities; preventing weapons of mass destruction

from entering the country; and implementing sanctions against terrorist organizations.

With one exception, however, none of the bureaus has an appropriation account

designated specifically for counterterrorism. That exception is the Counterterrorism

Fund, which is intended mainly to respond to unanticipated emergencies by covering

costs related to efforts to counter, investigate, or prosecute domestic or foreign

terrorism, and to rebuild the operational capabilities of federal offices, facilities, or

other properties damaged or destroyed as a result of terrorist incidents. The Fund can

be used only with the advance approval of the House and Senate Appropriations

Committees. While the exact size of the department’s budget for counterterrorism

in FY 2002 is unclear, it is thought to be at least $419 million (see Table 2). Please

see the section on “Terrorism” for further details on funding for counterterrorism

within the Treasury Department.

There is reason to believe that the terrorist attacks of September 11, 2001 are

resulting in expansion of the department’s involvement in counterterrorism. On

September 14, 2001, the Bush Administration announced that the Treasury

Department’s Office of Foreign Asset Control (OFAC) is leading an interagency

group devoted to disrupting fundraising by foreign terrorists. On October 25, 2001,

a multi-agency effort to investigate the financing of terrorist groups known as

Operation Green Quest was launched, and some of the agencies involved are the IRS,

Customs Service, FinCen, Secret Service, and OFAC. And on October 26, 2001,

President Bush signed the USA PATRIOT Act of 2001 (P.L. 107-56), which expands

the power of the Treasury Department to combat money laundering and investigate

suspicious foreign financial transactions. It is reasonable to expect that these efforts

and others that may arise in coming months could lead the Bush Administration to

request a significant increase in the department’s funds for counterterrorism in FY

2003.

CRS-11

Bureau of Alcohol, Tobacco, and Firearms (ATF). The ATF is a law

enforcement agency that regulates the manufacture, importation, and distribution of

alcohol, tobacco, firearms, and explosives. The ATF also enforces federal laws

related to arson. ATF’s mission is focused on three goals: (1) reducing crime, (2)

collecting revenue, and (3) protecting the public. Among ATF’s activities, the

regulation and enforcement of laws related to firearms commerce and possession have

been the most controversial.25 In FY1999, ATF collected $12,135,929,000 in taxes,

penalties, fines, and other related revenues. From FY1992 to FY2000, Congress

increased ATF’s direct appropriations from $336,040,000 to $604,573,000, an 80%

increase. For FY2001, Congress appropriated $771,143,00026 in direct funding for

ATF, a 28% increase over the agency’s FY2000 appropriation. The FY2001

appropriation supports 4,642 full time equivalent positions.27

For FY2002, Congress has provided ATF with $823,316,000, a 6.8% increase

over the agency’s FY2001 appropriation. This amount, $19,795,000 more than the

Administration’s request, includes the following budget increases: (1) $9,655,000 for

non-pay inflation costs, (2) $3,140,000 for pay adjustments, (3) $500,000 to improve

licensing and regulatory operations, (4) $3,000,000 to expand the Integrated Violence

Reduction Strategy, and (5) $3,500,000 to upgrade the National Tracing Center.

By comparison, the Senate-passed measure would have provided ATF with

$821,421,000, a 6.5% increase over the agency’s FY2001 appropriation. This

amount, $17,900,000 more than the Administration’s request, included the following

budget increases: (1) $6,400,000 for non-pay inflation costs, (2) $2,000,000 to

support the National Integrated Ballistics Information Network, (3) $5,000,000 to

bolster the Integrated Violence Reduction Strategy, (4) $3,500,000 to retrofit and

upgrade the National Tracing Center facilities, and (5) $1,000,000 for unspecified

purposes.

Meanwhile, the House-passed measure would have provided ATF with

$824,199,000, a 6.9% increase over the agency’s FY2001 appropriation. This

amount, $20,678,000 more than the Administration’s request, included the following

budget increases: (1) $9,655,000 for non-pay inflation costs, (2) $10,523,000 for

security at the 2002 Winter Olympics, and (3) $500,000 to improve recordkeeping at

the National Firearms Act Branch, the Imports Branch, and the National Licensing

Center. Moreover, the House measure would have fully funded last year’s budget

enhancements for the Integrated Violence Reduction Strategy ($73,500,000), the

25

For further information on gun control-related legislation and issues, see CRS Issue Brief

IB10071, Gun Control Legislation in the 107th Congress, by William Krouse.

26

This amount reflects the 0.22% across-the-board rescission required by the Consolidated

Appropriations Act of FY2001 (P.L. 106-554).

27

One full time equivalent is equal to 2,080 hours worth of funding, or the amount of funding

necessary to fund one position over the course of a single year. Usually, newly funded

positions are only funded at one-half a full time equivalent, since those positions will not be

filled for the entire year, and hiring will occur incrementally over the course of that year.

CRS-12

Youth Crime Gun Interdiction Initiative ($85,000,000), and for the National

Integrated Ballistics Information Network ($25,200,000).28

The Administration’s FY2002 budget request included $803,521,000 for ATF,

a 4.2% increase over the agency’s FY2001 appropriation. The Administration’s

request anticipated reductions in non-recurring costs and other savings in the base

budget of $19,968,000 that would have partially offset increases to the agency’s base

budget of $52,346,000, which would have supported 340 additional full time

equivalents needed to fully fund positions that were newly authorized and partially

funded in FY2001. According to the Administration, this increase would have

brought the agency’s overall FY2002 full time equivalent level up to 4,982, would

have met the agency’s FY2002 baseline funding requirements, and would have

allowed ATF to maintain it’s FY2001 anticipated level of services and activities in

FY2002. As earmarks for non-pay inflation costs and pay adjustments in the

conference report language indicate, these reductions in non-recurring costs

anticipated in the President’s budget were not included in the conference agreement.

In A Blueprint for New Beginnings, the Bush Administration singled out the

Youth Crime Gun Interdiction Initiative (YCGII) as one of Treasury’s law

enforcement bureaus’ best practices. To expand the YCGII to 12 additional cities in

FY2001, Congress provided ATF with $19,078,000 to hire 72 agents and 98

inspectors. This increase brings total funding for this program to $76,400,000 and

will be used to expand its presence to 50 cities. The objective of the YCGII is to

reduce youth firearm violence and firearms trafficking among youth by making federal

resources, such as ATF’s firearms tracing and ballistics technology, available to state

and local law enforcement agencies, and by providing coordination of these efforts.

As described above, the House-passed measure would have brought total funding for

YCGII to $85,000,000 in FY2002. The Senate-reported measure would have

increased total funding for this program by $5,000,000. While the conference

agreement report language was silent on increases for YCGII, it stated that the Gang

Resistance Education and Training program would remain funded at $13,000,000, as

proposed by the Senate.

Customs Service. The U.S. Customs Service, the federal government’s

oldest revenue collecting agency, is responsible for regulating the movement of

persons, carriers, merchandise, and commodities between the United States and other

countries.29 In FY1999, Customs collected $22,405,800,000 in trade-related duties,

taxes, and fees. From FY1992 to FY2000, Congress has increased direct

appropriations for the U.S. Customs Service from $1,454,337,000 to $1,935,915,000,

a 33% increase. In addition to appropriated funding, the Customs Service collects

COBRA fee receipts that are available to the agency for expenditure ($298,592,461

28

For further information on ballistics imaging and crime gun tracing, see CRS Report

RL31040, National Integrated Ballistics Information Network (NIBIN) for Law

Enforcement, by William C. Boesman and (name redacted).

29

U.S. Customs Service Authorization, FY2002 Budget, and Related Border

Management Issues, CRS Report RL31230, by (name redacted).

CRS-13

in FY2000). For FY2001, Congress appropriated $2,279,308,00030, supporting

17,479 full time equivalent positions. This amount represents an 18% increase over

the agency’s FY2000 appropriation. Additionally, COBRA fees and other offsetting

receipts are anticipated to support an additional 1,988 full time equivalents in

FY2001, bringing the agency’s overall level of full time equivalents to 19,467.

For FY2002, Congress has provided the U.S. Customs Service with

$2,688,049,000, a 17.9% increase over the agency’s FY2001 appropriation. This

amount includes (1) $2,079,357,000 for the salaries and expenses account, (2)

$177,860,000 for the air and marine interdiction account, (3) $427,832,00 for the

automation modernization account, and (4) $3,000,000 for the harbor maintenance

fee account.

By comparison, the Senate-passed measure would have provided Customs with

$2,555,922,000, a 12.1% increase over the agency’s FY2001 appropriation. This

amount included (1) $2,022,453,000 for the salaries and expenses account, (2)

$172,637,000 for the air and marine interdiction account, (3) $357,832,000 for the

automation modernization account, and (4) $3,000,000 for the harbor maintenance

fee account.

Meanwhile, the House-passed measure would have provided Customs with

$2,673,848,000 in total funding, a 17.3% increase over the agency’s FY2001

appropriation. This amount included (1) $2,059,170,000 for the salaries and expenses

account, (2) $183,853,000 for the air and marine interdiction account, (3)

$427,832,000 for the automation modernization account, and (4) $2,993,000 from

the harbor maintenance fee account. In addition, the House adopted a Customsrelated amendment offered by Representative Bernard Sander that would prohibit the

use of any funding provided by the FY2002 Treasury-Postal appropriations act from

being used to remove detention orders placed on imports by the Customs Service,

because the agency determined that these imported products were mined, produced,

or manufactured by forced or indentured child labor.

By contrast, the Administration’s FY2002 request included $2,385,233,000 for

the Customs Service, a 4.6% increase over the agency’s FY2001 appropriation. This

amount included: (1) $1,961,764,000 for the salaries and expenses account, (2)

$162,637,000 for the air and marine interdiction account, (3) $257,832,000 for the

automation modernization account, and (4) $3,000,000 from the harbor maintenance

fee account.

For salaries and expenses, the Administration’s request anticipated $59,101,000

in reductions to the base budget in non-recurring costs and other savings that would

have partially offset an increase of $142,308,000 over the base budget. This increase,

according to the Administration, would have fully funded positions that were newly

30

This amount reflects the 0.22% across-the-board rescission required by the Consolidated

Appropriations Act of FY2001 (P.L. 106-554). It also includes monies appropriated into four

accounts: 1) $1,878,557,000 in salaries and expenses account, 2) $139,919,000 in air and

marine interdiction program account, 3) $257,832,000 in automation modernization account,

and 4) $3,000,000 in the harbor maintenance fee account.

CRS-14

authorized and partially funded in FY2001, would have supported an additional 370

full time equivalents, and would have brought the agency’s overall FY2002 full time

equivalent level supported by direct funding to 17,849. According to the

Administration, this increase would have met the agency’s FY2002 baseline funding

requirements and allowed Customs to maintain it’s FY2001 anticipated level of

services and activities in FY2002. Additionally, the Administration’s request

anticipated that offsetting receipts would fund another 1,808 full time equivalents in

FY2002, bringing the total anticipated full time equivalent level to 19,657. As

earmarks for non-pay inflation costs and pay adjustments in the conference report

language indicate, these reductions in non-recurring costs anticipated in the

President’s budget were not included in the conference agreement.

For the salaries and expenses account, Congress has provided $117,593,000

more than the Administration’s request. Conference report language includes the

following earmarks: (1) $33,476,000 for non-pay inflation costs, (2) $9,247,000 for

pay adjustment costs, (3) $33,151,000 for non-obtrusive inspection technology, (4)

$28,152,000 for a northern border hiring initiative, and (5) $13,567 for other assorted

purposes. The Senate-reported measure included $60,689,000 more than the

Administration’s request, and included the following budget increases: (1)

$20,216,000 for non-pay inflation costs, (2) $25,000,000 for additional staffing on the

northern border, (3) $5,000,000 for child labor efforts, (4) $5,000,000 for an

intellectual property law center, and (5) $5,473,000 for various other projects. The

House-passed measure included $97,406,000 more than the Administration’s request,

and included the following budget increases: (1) $33,476,000 for non-pay inflation

costs, (2) $13,81300 for security at the 2002 Winter Olympics, (3) $30,000,000 for

non-intrusive inspection technology, (4) $15,000,000 for additional positions to cover

decreases in offsetting fee receipts (COBRA), (5) $3,000,000 to field Pulsed Fast

Neutron Analysis inspection technology, (6), $800,000 for anti-tobacco smuggling

efforts, and (7) $1,317,000 to assist African nations in trade compliance under the

African Growth and Opportunity Act.

For the air and marine interdiction program account, Congress has provided

Customs with $177,860,000, a 33.8% increase over the account’s FY2001

appropriation. This amount is $15,223,000 over the Administration’s FY2002

request. By comparison, the Senate-reported measure would have provided

$10,000,000 more, and the House-passed measure $21,216,000 more than the

Administration’s request to fund non-pay inflation costs and other program

investments.

For the automation modernization account, Congress has provided Customs with

$427,832,000, the same amount as in the House-passed bill. This amount is

$170,000,000 more than the Administration’s FY2002 request of $257,832,000,

which was the amount appropriated by Congress for FY2001 ($5,400,000 for the

International Trade Data System, and not less than $130,000,000 for the continued

development of the Automated Commercial Environment). For FY2002, the Senate

measure would have provided $100,000,000 more than the Administration’s request.

As anticipated in the Administration’s request, the conference agreement would

provide Customs with $3,000,000 in offsetting receipts in the harbor maintenance fee

account. The Senate measure would have appropriated the same amount, while the

CRS-15

House-passed measure would have appropriated $2,993,000 in offsetting receipts for

obligation under this account.

In recent years, Customs’ Automated Commercial System (ACS), the system

Customs uses to track, control, and process all commercial goods imported into the

United States, has proven inadequate and has suffered from “brownouts” that inhibit

international commerce. The General Accounting Office (GAO) has testified that the

current import processes handled by ACS are “paper-intensive, error-prone, and

transaction based, and out of step with just-in-time inventory practices of the trade

community.”31 Since 1994, Congress has increased funding for Customs to upgrade

ACS and continue development of its replacement, the Automated Commercial

Environment (ACE), but Customs has struggled with the upkeep of ACS and the

development of ACE.

In the FY2000 conference report, Congress directed Customs to provide a

revised blueprint, schedule, and budget for ACE. This report was delivered to the

Appropriations committees, but late in the fiscal year. For FY2001, Congress

provided over $257,832,000 in a direct appropriation, which includes $5,400,000 to

continue the development of the International Trade Data System and at least

$130,000,000 to continue the development of ACE. It was reported in Government

Executive magazine that the development, operation, and maintenance of ACE over

7 years will cost between $1.4 and $1.8 billion, and that Customs would begin taking

bids to develop the new system in FY2001.32 The Senate-reported measure would

have brought total FY2002 funding for ACE to $230,000,000, whereas the Housepassed measure would have brought the total funding to $300,000,000. The

conference agreement matches the House amount.

In addition to appropriated funding, Customs generates offsetting receipts from

two user fee programs. The first fee program consists of seven conveyance- and

passenger-related user fees established by the 1985 Consolidated Omnibus Budget

Reconciliation Act (COBRA) and the user fee for processing bulk cargo from Mexico

and Canada established by the 1986 Tax Reform Act. The second fee program

consists of the commerce-related merchandise processing fee (MPF) established by

the 1986 Omnibus Budget Reconciliation Act (OBRA). Customs generally has no

control over the allocation of MPF fee receipts. COBRA fee receipts, on the other

hand, are not appropriated for obligation by Congress, and they account for a

substantial portion of funding available to Customs for expenditure each year. From

FY1992 to FY1999, COBRA fee receipts have ranged from about $176,000,000 to

$274,000,000.

There are codified limitations on the use of COBRA fee receipts, and initially

they were used principally to pay overtime costs for inspectors and canine

31

U.S. General Accounting Office, Testimony before the House Committee on Government

Reform Subcommittee on Government Management, Information and Technology, U.S.

Customs Service: Observations on Selected Operations and Program Issues, TGGD/AIMD-00-150 (Washington, April 20, 2000), p. 7.

32

Joshua Dean, “Funding Battles Delay Customs Modernization Project,” Government

Executive Daily Briefing, (Washington, December 1, 2000), at [http://www.govexec.com/].

CRS-16

enforcement officers. Surplus revenues could be and were carried over from one year

to the next. Such carryover has been used to fund recurring costs in positions and

equipment from previous years. As a result, COBRA fee receipts have funded an

increasing share of permanent inspector positions and information technology costs.

In FY2000, however, there were reports of a drop-off in air passenger processing fee

receipts. Consequently, the growing reliance on COBRA fee receipts to fund base

positions in conjunction with a drop-off in receipts may prove problematic in FY2001,

as Customs may not have allocated enough to pay overtime for Customs officers. To

address the decline in COBRA fee receipts, the House-passed measure would provide

$15,000,000 for additional positions. The conference agreement was silent on this

issue. The authorization for the COBRA fees expires at the end of FY2003.

Internal Revenue Service (IRS).

The federal government levies individual

and corporate income taxes, social insurance taxes, excise taxes, estate and gift taxes,

customs duties, and other miscellaneous taxes and fees. The federal agency mainly

responsible for administering these taxes and fees is the IRS. In carrying out that

responsibility, it receives and processes tax returns and other related documents,

processes payments and refunds, enforces compliance through audits and other

methods, collects delinquent taxes, and provides a variety of services to taxpayers in

an effort to help them understand their responsibilities and resolve problems. In FY

2000, the IRS collected $2,077 billion, the largest component of which was individual

income tax revenue of $1,117 billion.

Under P.L. 107-67, the IRS is funded at $9.437 billion in FY 2002, or $548

million more than it received in FY 2001. With this increase, the agency has the

authority to add 600 individuals to its staff in FY 2002. Of the total amount

appropriated, $3.798 billion is for tax processing, assistance, and management; $3.538

billion for tax law enforcement; $1.563 billion for information systems; and $146

million for the earned income tax compliance initiative. In addition, the IRS is

receiving $391.6 million for its Information Technology Investment Account (ITIA)

through September 30, 2004. Funds can be drawn from the account only with the

prior approval of the House and Senate Appropriations Committee, and they are

allocated on a project or milestone basis. In June 2001, the committees authorized

the release of $128 million from the ITIA to enable the IRS to continue its program

to modernize its information system. No additional money is being provided for the

Staffing Tax Administration for Balance and Equity initiative (STABLE) in FY 2002,

however, contrary to the wishes of the Bush Administration. STABLE is intended

to improve the IRS’s customer service and bolster its capability to enforce federal tax

laws; Congress approved initial funding for the initiative in FY 2001. P.L. 107-67

also gives the Treasury Inspector General for Tax Administration $123.7 million in

FY 2002. It specifies that $500,000 of this amount is to be used for bimonthly audits

of IRS taxpayer assistance centers.

P.L. 107-67 directs the IRS to improve its customer service by increasing its

staffing of its toll-free help-line service, and to take steps to further safeguard the

confidentiality of taxpayer information. Moreover, it expresses concern about the

ability of the IRS to coordinate and integrate its spending on business system

modernization projects with its “development-related” investments in information

systems.

CRS-17

The IRS has already completed its budget request for FY 2003 and submitted

it to the Office of Management and Budget for review. Reportedly, the agency is

seeking an increase in funding of $800 million over FY 2002 and the authority to hire

another 1,800 staff. These additional resources would be channeled into improving

customer service, modernizing information systems, and bolstering taxpayer audits

and other compliance efforts. A key player in the IRS appropriations process is the

IRS Oversight Board. The Board is required by law to review the IRS budget and

make its own recommendations directly to Congress. Based on the Board’s

recommendations for the FY 2002 budget, some expect the Board to back the

agency’s request for increased funding in FY 2003 and to request that Congress

approve two years of funding for the ITIA.

U. S. Secret Service. The U.S. Secret Service is mandated by statute to carry

out two distinct missions: the protection of designated government officials and

individuals, and criminal investigations. It is also responsible for the enforcement of

laws relating to counterfeiting.

Under P.L. 107-67, the Secret Service is funded at $920,615,000. The

conference agreement increased the salaries and expenses account by over $4 million

beyond the higher of the two versions with the other Secret Service account being

funded at the higher of the two, the House-passed version of $3,457,000. The House

had approved an appropriation of $923,569,000 for the Secret Service. As passed by

the Senate, $902,967,000 would have been appropriated for the Secret Service, with

$899,615,000 provided for salaries and expenses, and $3,352,000 available for repair

and construction of facilities. The conference report explains the funding by stating

that

This includes the costs of non-pay inflation and the anticipated pay adjustment.

The conferees also provide $1,633,000 for forensic support to the National Center

for Missing and Exploited Children (NCMEC), and $3,009,000 for grants to

NCMEC.33

No further explanation for the increase is offered. Under the emergency supplemental

the Service would be allocated further funding. See the section on terrorism below.

On July 17, the House Committee on Appropriations approved an appropriation

of $947,234,000 for the Secret Service. This is an increase of $118,892,000 over

FY2001 enacted and $86,660,000 over the President’s request. The House

subcommittee had recommended an appropriation of $943,777,000, an increase of

$118,891,749 above the FY2001 enacted level and an increase of $86,660,000 above

the President’s request. The increase included $13,624,000 for non-pay inflation;

$27,530,000 for security planning and operations for the 2002 Winter Olympics;

$45,000,000 to complete the staffing re-balancing initiative, and $506,000 in

additional support for the National Center for Missing and Exploited Children.

For FY2002, the President has requested $857,117,000 for salaries and expenses

related to protective functions, research and development, and the purchase of

33

Conference Report, p. 57.

CRS-18

vehicles. Total increases of $56,228,000 are offset by $23,996,000 in reductions,

resulting in a net increase of $32,232,000 over the FY2001 funding level of

$824,885,000. Of the FY2002 budget request, $1,633,000 is for activities related to

the investigations of exploited children; and $3,352,000 is for acquisition and

construction costs.

P.L. 106-554 funded the Secret Service salaries and expenses account at $823.8

million in FY2001. The acquisitions, construction, and related expenses account

funded at $8.9 million. P.L. 106-346 provided supplemental funding of $2.9 million

for the salaries and expenses account. The rescission reduced Secret Service funding

by $1.853 million.

U.S. Postal Service

The U.S. Postal Service (USPS) generates nearly all of its funding through the

sale of products and services. It does receive an appropriation from Congress,

however, to compensate for revenue forgone in providing free and reduced rate mail

for the blind and visually impaired and for overseas voting. Under the Revenue

Forgone Reform Act of 1993, Congress is required to reimburse USPS $29 million

each year until 2035, for services performed but not paid for in the 1990s. (See also,

CRS Report RS21025, The Postal Revenue Forgone Appropriations: Overview and

Current Issues.)

In FY2001, USPS received an appropriation of $96.093 million, including

$67.093 million for revenue forgone in FY2001 but not payable until October 1,

2002, and the $29 million due under the Revenue Forgone Reform Act of 1993.

P.L. 107-67 maintains the advance appropriation practice, with $29,000,000 in

current funding, $67,093,000 in FY2002 advance funding, and $47,619,000 in

FY2003 advance funding. This reflects the House-passed version. The Senate, on

the other hand, acceded to the Administration’s request with regard to advance

appropriations. All of the $143.7 million the Senate approved on September 19

would be available to the Postal Service in FY2002. The conference committee

adopted the House provision, making $47,619,000 of the appropriation unavailable

for obligation until October 1, 2002.

In its FY2002 Budget, the Administration proposed to reverse the practice of

providing USPS advance appropriations to avoid annual spending limitations. It

proposed an appropriation of $56.303 million for revenue forgone in fiscal 2002, and

$29 million for the FY2002 installment under the Revenue Forgone Reform Act of

1993, reduced by $8.684 million as a reconciliation adjustment to reflect actual versus

estimated free mail volume in 1999, for a total of $76.729 million. USPS will also

have available for obligation the $67.093 million provided for revenue forgone in

fiscal 2001, for a total of $143.7 million.

The Postal Service has experienced a significant rise in costs subsequent to the

September 11, 2001 attacks and the continuing crisis involving anthrax exposure. The

Postmaster General told both House and Senate oversight committees that several

billions of dollars will be necessary for crisis response and to install devices designed

CRS-19

to decontaminate mail. 34 On November 5, 2001, the Administration notified

Congress that , under the provisions of P.L. 107-38, $175 million would be allocated

to the Postal Service from the Emergency Response Fund as of November 20.35

These resources include: $100 million for an initial purchase of irradiation equipment

to sanitize the mail; and $75 million for the costs of personnel protection equipment

(e.g., gloves, masks, barrier creams), first response/environment testing kits and

services, site clean-up and medical goods and services, and public education materials.

The Senate Committee on Appropriations recently heard from the Postmaster General

as to the perceived financial needs of the Postal Service.36 P.L. 107-117 appropriates

an additional $500 to the U.S. Postal Service. See Table 4, below, for more detailed

explanations.

Semipostals.37 P.L. 107-67 has three new provisions affecting the issuance

of semipostal stamps and bypassing the selection procedure set forth in the Semipostal

Authorization Act of 2000. (Semipostals enable postal customers to pay a surcharge

over regular postage for the benefit of a worthy cause.) (See also CRS Report

RS20921, Semipostal Stamps: Authorization, Revenue, and Selection Criteria.) The

Senate had added an amendment that would extend the Breast Cancer Research

Stamp beyond its current expiration date of July 29, 2002, to July 29, 2008. It also

would exempt the breast cancer stamp from the USPS regulation issued under the

authority of the Semipostal Authorization Act that had limited the circulation of

semipostals to one at any one time. The conferees agreed to an extension, but only to

December 31, 2003 (section 650).

The Senate also had added language, that was included in the conference report

(section 652), authorizing another semipostal to assist the families of rescue workers

killed or disabled in the September 11 terrorist attacks. USPS already had underway

a selection process for a semipostal to replace the breast cancer stamp, and the

amendment would permit USPS to designate the “Heroes” stamp as the one to be

issued, or to issue it as a third semipostal in circulation.

Finally, the conference added language (Section 653) authorizing a semipostal

to be issued before 2004, and to be in circulation no later than December 31, 2006,

for the benefit of domestic violence programs administered by the Department of

34

Hearings before the House Committee on Government Reform on Oct. 30 and before Senate

Committee on Governmental Affairs on Oct. 30 and 31, 2001. Postmaster General’s prepared

statement can be accessed through http://www.senate.gov/~gov_affairs/hearings.htm. For

selected press accounts related to the USPS situations see Government Executive Magazine

Daily Briefing, Oct. 31, 2001 and Oct. 29, 2001:

http://www.govexec.com/dailyfed/1001/103101w1.htm and

http://www.govexec.com/dailyfed/1001/102901w1.htm

35

Communication from the Office of Management and Budget, with a cover letter from

President George Bush to the Speaker of the House of Representatives, dated Nov. 5, 2001

(Estimate No. 21), as required under P.L. 107-38.

36

“USPS Seen Requesting at Least $5 Billion,” Washington Post, Nov. 7, 2001, p. A27.

37

Conference Report, pp. 44-46, 73.

CRS-20

Health and Human Services. Domestic violence was one of the 37 subjects nominated

for a semipostal under the Semipostal Authorization Act.

Shipping Day-Old Poultry. The conferees also accepted (section 651) a

Senate provision authorizing USPS to require any contract air carrier to accept dayold poultry and a few other live animals as mail, and to charge mailers a reasonable

surcharge to cover the extra costs involved. The amendment will not affect air

carriers that do not normally accept live animals as cargo, a category that includes its

new transportation partner FedEx.

Conference Directives.38 Noting that the state of Hawaii has only one mail

sorting facility, the H.R. 2590 conferees urged the Postal Service “to develop a

procedure by which mail that originates on the same island to which it is addressed

can be kept and sorted on that island.” Intra-island mail deliveries had been disrupted

by the flights delayed after the September 11 attack. The conferees agreed to direct

the U.S. Postal Service to conduct a 90-day study on the feasibility of the USPS “to

introduce and provide new products and services (including the introduction and

provision of new products and services on an experimental or market test basis) and

to enter into negotiated service agreements with individual customers or groups of

customers.”

Executive Office of the President and Funds Appropriated to

the President

The Treasury and General Government appropriations act funds all but three

offices in the Executive Office of the President (EOP). Of the three exceptions, the

Council on Environmental Quality (including Office of Environmental Quality) and

the Office of Science and Technology Policy are funded under the Veterans Affairs,

Housing and Urban Development, and Independent Agencies appropriations; and the

Office of the United States Trade Representative is funded under the Commerce,

Justice, State, and the Judiciary and Related Agencies appropriations. Funding for

these agencies is not included in this report.

P.L. 107-67 provides an appropriation of $747,531,000 for EOP agencies funded

under the Treasury and General Government appropriations.

The President’s FY2002 budget proposed an appropriation of $731,725,000, an

increase of 4.26% over the $701,815,000 (less a $575,000 rescission) appropriated

in FY2001.

The House of Representatives passed EOP funding of $751,967,000, an increase

of $50,727,000 over FY2001 enacted (including the rescission) and $20,242,000 over

the President’s request. An amendment, agreed to by the House by voice vote, would

have consolidated 10 of the 18 appropriations accounts into one account, arguably to

provide the President with more flexibility in allocating funding. During the floor

debate, the chairman and ranking member of the House Appropriations Committee

noted that this provision was being accepted as a placeholder for further discussion

38

Conference Report, p. 59.

CRS-21

in conference.39 The conference committee agreed to continue with separate accounts

rather than a consolidated account.

The Senate passed, EOP funding of $755,519,000, an increase of $54,279,000

over FY2001 enacted (including the rescission) and $23,794,000 over the President’s

request.

During his September 20, 2001 speech before a joint session of Congress on the

September 11, 2001 terrorist attacks on America, President George W. Bush

announced that he was creating the Office of Homeland Security as a Cabinet-level

position reporting directly to him. For a brief discussion of the position and office,

see the “Terrorism” section below. More funding details will be provided as they are

available. That section also discusses funds provided to EOP accounts through

allocations from the Emergency Response Fund.

Compensation of the President. P.L. 107-67 provides an appropriation

of $450,000, which includes an expense allowance of $50,000. The request is a

15.4% increase over the $390,000 appropriated in FY2001. The salary of the

President is $400,000 per annum, effective January 20, 2001. This was the amount

proposed by the President’s budget, recommended by the House and Senate

committees, passed by the House and Senate, and agreed to by the conference

committee.

White House Office. This account provides the President with staff

assistance and administrative services.

P.L. 107-67 provides an appropriation of $54,651,000. This was the amount

recommended by the House committee, passed by the House, and agreed to by the

conference committee. The President’s FY2002 budget proposed an appropriation

of $54,165,000, an increase of 1.6% over the $53,288,000 (less a $118,000

rescission) appropriated in FY2001. The Senate committee recommended and the

Senate passed the same amount as the President requested.

Executive Residence (White House). This account provides for the care,

maintenance, and operation of the Executive Residence.

P.L. 107-67 provides an appropriation of $11,695,000. This was the amount

recommended by the House committee, passed by the House, and agreed to by the

conference committee. The President’s FY2002 budget proposed an appropriation

of $11,914,000, an increase of 9.3% over the $10,900,000 (less a $24,000 rescission)

appropriated in FY2001. The Senate committee recommended and the Senate passed

the same amount as the President requested.

For repairs and restoration at the White House, P.L. 107-67 provides an

appropriation of $8,625,000. This was the amount requested by the President, and

was an increase of 791% over the $968,000 (less a $2,000 rescission) appropriated

in FY2001. Of the total, $1,306,000, is for six projects for required maintenance,

safety and health issues, and $7,319,000 is for three projects for required maintenance

39

House Passage, pp. H4570-4571.

CRS-22

and continued preventive maintenance in conjunction with the General Services

Administration, the Secret Service, the Office of the President, and other agencies

involved with the White House. The House and Senate committees recommended

and the House and Senate passed this amount as well.

Maintenance and repair costs for the White House are also funded by the

National Park Service as part of that agency’s responsibility for national monuments.

Entertainment costs for state functions are funded by the Department of State.

Reimbursable political events in the Executive Residence are to be paid for in advance

by the sponsor, and all such advance payments are to be credited to a Reimbursable

Expenses account. The political party of the President is to deposit $25,000 to be

available for expenses relating to reimbursable political events during the fiscal year.

Reimbursements are to be separately accounted for and the sponsoring organizations

billed, and charged interest, as appropriate. The staff of the Executive Residence

must report to the Committees on Appropriations, after the close of each fiscal year,

and maintain a tracking system on the reimbursable expenses.

Special Assistance to the President (Office of the Vice President)

and Official Residence of the Vice President. This account funds the Vice

President in carrying out the responsibilities assigned to him by the President and by

law. It also provides for the care and operation of the Vice President’s official

residence and includes the operation of a gift fund for the residence.

P.L. 107-67 provides an appropriation of $3,925,000 for salaries and expenses.

This was the amount recommended by the House committee, passed by the House,

and agreed to by the conference committee. The President’s FY2002 budget

proposed an appropriation of $3,896,000, an increase of 6.1% over the $3,673,000

(less a $9,000 rescission) appropriated in FY2001. The Senate committee

recommended and the Senate passed the same amount as the President requested.

The law also provides an appropriation of $318,000 for the operating expenses

of the Official Residence of the Vice President. This was the amount recommended

by the House committee, passed by the House, and agreed to by the conference

committee. The President requested $314,000, an 11.3% decrease over the $354,000

appropriated in FY2001. The Senate committee recommended and the Senate passed

the same amount as the President requested.

Section 635 of the law (section 634 of the House version and section 638 of the

Senate version) authorizes the Department of the Navy to pay the utility bills,

including the electric bill, for the Vice President’s residence, thereby shifting the

expenses from the EOP account. (The entire property, of which the residence is part,

is owned and operated by the Navy.) House committee and floor amendments to

maintain the costs in the EOP account were rejected.

Section 636 of the law (section 635 of the House version and section 636 of the

Senate version) authorizes the Department of the Navy to accept gifts of consumable

items (i.e., food or liquor), or funds for them, for use at official functions at the Vice

President’s residence, including the hosting of foreign dignitaries. House committee

and floor amendments to prohibit this practice were rejected.

CRS-23

The section 635 and 636 provisions were recommended in the President’s

budget.

Council of Economic Advisers (CEA). The three-member council was

created in 1946 to assist and advise the President in the formulation of economic

policy. The council analyzes and evaluates the national economy, economic

developments, federal programs, and federal policy to formulate economic advice.

The council assists in the preparation of the annual Economic Report of the President

to Congress.

P.L.107-67 appropriates $4,211,000, an increase of 2.4% over the $4,110,000

appropriated in FY2001; of which $9,000 was subsequently rescinded. The Senate

approved an appropriation of $4,192,000, the amount requested by the President.

The House approved an appropriation of $4,211,000 and this was the amount agreed

to by the conference committee.

Office of Policy Development. The Office supports the National Economic

Council and the Domestic Policy Council in carrying out their responsibilities to

advise and assist the President in formulating, coordinating, and implementing

economic and domestic policy. The Office also supports other domestic policy

development and implementation activities.

P.L. 107-67 provides an appropriation of $4,142,000. This was the amount

recommended by the House committee, passed by the House, and agreed to by the

conference committee. The President’s FY2002 budget proposed an appropriation

of $4,119,000, an increase of 2.2% over the $4,032,000 (less a $9,000 rescission)

appropriated in FY2001. The Senate committee recommended and the Senate passed

the same amount as the President requested.

National Security Council (NSC). The NSC advises the President on

integrating domestic, foreign, and military policies relating to national security.

P.L. 107-67 provides an appropriation of $7,494,000. This was the amount

recommended by the House committee, passed by the House, and agreed to by the

conference committee. The President’s FY2002 budget proposed an appropriation

of $7,447,000, an increase of 3.9% over the $7,165,000 (less a $15,000 rescission)

appropriated in FY2001. The Senate committee recommended and the Senate passed

the same amount as the President requested.

Office of Administration. The Office of Administration provides

administrative services, including financial, personnel, library and records services,

information management systems support, and general office services, to the

Executive Office of the President.

P.L. 107-67 provides an appropriation of $46,955,000. This was the amount

recommended by the House committee, passed by the House, and agreed to by the

conference committee. The President’s FY2002 budget proposed an appropriation

of $46,032,000, an increase of 5.2% over the $43,737,000 (less a $96,000 rescission)

appropriated in FY2001. The Senate committee recommended and the Senate passed

the same amount as the President requested.

CRS-24

Subsequent to the September 11 attacks, the Office of Administration has been

allocated funding for the relocation of personnel and enhanced security. See the

“Terrorism” section below for further details.

Office of Management and Budget (OMB). OMB assists the President

in discharging budgetary, management, and other executive responsibilities. The

agency’s activities include preparing the budget documents; examining agency

programs, budget requests, and management activities; preparing the governmentwide financial management status report and five-year plan (with the Chief Financial

Officer Council); reviewing and coordinating agency regulatory proposals and

information collection requirements; and promoting economical, efficient, and

effective procurement of property and services for the executive branch.

P.L. 107-67 provides an appropriation of $70,752,000. This was the amount

recommended by the House committee, passed by the House, and agreed to by the

conference committee. The President’s FY2002 budget proposed an appropriation

of $70,521,000, an increase of 2.5% over the $68,786,000 (less a $151,000

rescission) appropriated in FY2001. The Senate committee recommended and the

Senate passed an appropriation of $70,519,000.

Office of National Drug Control Policy (ONDCP). The ONDCP

develops policies, objectives, and priorities for the National Drug Control Program.

The account also funds general policy research to support the formulation of the

National Drug Control Strategy.

P.L. 107-67 provides an appropriation of $25,263,000 for salaries and expenses.

This was the amount agreed to by the conference committee. The President’s

FY2002 budget proposed an appropriation of $25,100,000, an increase of 1.4% over

the $24,759,000 (less a $55,000 rescission) appropriated in FY2001. The House

committee recommended and the House passed an appropriation of $25,267,000.

The Senate committee recommended and the Senate passed an appropriation of

$25,096,000.

The Counterdrug Technology Assessment Center (CTAC). The

CTAC is the central counterdrug research and development organization for the

federal government.

P.L. 107-67 provides an appropriation of $42,300,000. Of the total,

$20,064,000 is for the basic research and development program and $22,236,000 is

for the continued operation of the technology transfer program. This was the amount

agreed to by the conference committee. The President’s FY2002 budget proposed

an appropriation of $40,000,000, an increase of 10.9% over the $36,053,000 (less a

$79,000 rescission) appropriated in FY2001. The House committee recommended

and the House passed the same amount as the President requested. The Senate

committee recommended and the Senate passed an appropriation of $42,000,000.

Federal Drug Control Programs. The High Intensity Drug Trafficking

Areas (HIDTA) program provides assistance to federal, state, and local law

enforcement entities operating in those areas most adversely affected by drug

CRS-25

trafficking. Funds are disbursed at the discretion of the director of ONDCP for joint

local, state, and federal initiatives.

P.L. 107-67 provides an appropriation of $226,350,000. This was the amount

recommended by the Senate committee, passed by the Senate, and agreed to by the

conference committee. The President’s FY2002 budget proposed an appropriation

of $206,305,00040 a decrease of 0.1% over the $206,500,000 appropriated in

FY2001. The House committee recommended an appropriation of $231,500,000.

The House passed an appropriation of $233,882,000.

The Senate adopted an amendment (Senator Dorgan, Amendment No. 1584)

which would designate a HIDTA in the State of Utah and apportion $2,500,000 of

those funds to be used for it. The conference report states:

As ONDCP reviews proposals for the increased HIDTA funding provided, the

conferees direct it to consider the following: increases for Central Florida, Rocky

Mountain, Midwest (for Missouri, Iowa, and North Dakota), Chicago, Southwest

Border (for Arizona, New Mexico, and West Texas), Southeast Michigan,

Appalachian, Lake County, Gulf Coast, Hawaii, Philadelphia/Camden, Oregon,

and Milwaukee HIDTAs; and funding for expansion of HIDTAs in North Texas

(to Oklahoma counties), and the Northwest (to counties in southwest and eastern

Washington); and possible designation of Arkansas and North Carolina, which

have sought designation in recent years.41

The Special Forfeiture Fund. The Fund, administered by the director of

ONDCP, supports high-priority drug control programs. The funds may be transferred

to drug control agencies or directly obligated by the ONDCP director.

P.L. 107-67 provides an appropriation of $239,400,000. This was the amount

agreed to by the conference committee. The President’s FY2002 budget proposed

an appropriation of $247,600,000, an increase of 6.0% over the $233,600,000

appropriated in FY2001. The House committee recommended and the House passed

an appropriation of $238,600,000. The Senate committee recommended and the

Senate passed an appropriation of $249,400,000.

Unanticipated Needs. The account provides funds for the President to meet

unanticipated needs in furtherance of the national interest, security, or defense.

In FY2001, $3,500,000 (less an $8,000 rescission) was appropriated, of which

$2,500,000 was for the Elections Commission of the Commonwealth of Puerto Rico

to be used for objective, nonpartisan citizens’ education and a choice by voters

regarding the islands’ future status.

P.L. 107-67 provides an appropriation of $1,000,000 for FY 2002. This was the

amount proposed by the President’s budget, recommended by the House and Senate

40

The President’s budget shows an appropriation of $206,305,000, but the House and Senate

Committees on Appropriations reports state that the amount requested was $206,350,000.

41

Conference Report, p. 63.

CRS-26

committees, passed by the House and Senate, and agreed to by the conference

committee.

The President allocated $51,000,000 from the Emergency Response Fund to the

Unanticipated Needs account. The communication to Congress provides no further

explanation. See the section on “Terrorism” below for information on the allocations.

Independent Agencies

Federal Election Commission (FEC). The FEC administers federal

campaign finance law, including overseeing disclosure requirements, limits on

contributions and expenditures, and the presidential election public funding system;

the agency retains civil enforcement authority for the law. The Office of Election

Administration, which serves as a clearinghouse for information on voting laws and

procedures for state and local election officers, is another part of the FEC .

P.L. 107-67 appropriates $43,689,000, the same as the House-passed level.

Also as proposed by the House, the act includes a new general provision (section 642)

extending FEC authority to assess administrative fines for straightforward violations

of reporting deadlines, from December 31, 2001 to December 31, 2003.

The Administration’s budget proposal for FY2002 called for $41,411,000 for the

FEC, an increase of $1,000,100 over the $40,410,900 appropriated under P.L.

106-554 for FY2001 (which reflected $40,500,000, minus an across-the-board .22%

rescission). Of the $41.4 million requested, no less than $4,453,000 shall be available

for internal automated data processing systems ($236,500 less than the amount

targeted for the previous year) and no more than $5,000 may be used for reception

and representational expenses. The Administration’s budget called for a full-time

equivalent staffing authorization of 357, the same as for FY2001.

In the FEC’s separate submission to OMB, the agency requested $47,671,000,

or $6,260,000 more than the Administration proposes. The FEC also asked for 375

personnel, which was 18 more than requested in the President’s budget proposal. In

justifying its request for additional funding and staff, the agency cited, among other

things, the heightened demands on the election clearinghouse for assistance on

election administration issues in the wake of the 2000 presidential election.

The House-passed version would have provided an appropriation of

$43,689,000, exceeding the Administration’s proposed level by more than $2.2

million. Of the total, no less than $5,128,000 would be available for internal

automated data processing systems and no more than $5,000 would be available for

reception and representation expenses. In addition, the measure would include a new

general provision extending authority for the FEC to assess administrative fines for

straightforward violations of reporting deadlines, from December 31, 2001 to

December 31, 2003.

The Senate-passed version recommends an appropriation of $43,993,000, some

$304,000 more than the House-passed figure and $2,582,000 more than the

Administration’s request. This higher figure would incorporate $582,000 for the

government-wide pay adjustment and $2 million for improvements to state and local

CRS-27

election systems and administration, the latter conditioned on enactment of

authorizing legislation for such a program. No less than $4,453,000 of the

recommended amount would be required to be devoted to internal automated data

processing systems. No provision was included regarding administrative fines.

Federal Labor Relations Authority (FLRA). The agency serves as a

neutral party in the settlement of disputes that arise between unions, employees, and

agencies on matters outlined in the Federal Service Labor Management Relations

Statute; decides major policy issues; prescribes regulations; and disseminates

information appropriate to the needs of agencies, labor organizations, and the public.

The FLRA also engages in case-related interventions and training and facilitates labormanagement partnerships. It has three components: the Authority which adjudicates

labor-management disputes, the Office of the Inspector General which conducts and

supervises audits and investigations related to FLRA’s functions, and the Federal

Service Impasses Panel which resolves impasses which occur during labor

negotiations between federal agencies and labor organizations.

P.L. 107-67 provides an appropriation of $26,524,000 for the FLRA. This was

the amount passed by the House and agreed to by the conference committee. The

President’s FY2002 budget proposed an appropriation of $26,378,000. The request

was 5.5% above the FY2001 funding minus the rescission. The House and Senate

committees recommended and the Senate passed the same amount as the President

requested.

The agency’s FY2001 appropriation was $25,058,000. P.L. 106-554 also

provided for a 0.22% or $55,000 across-the-board cut in the FY2001 funding.42 After

this reduction, the FY2001 funding was $25,003,000.

General Services Administration (GSA). The General Services

Administration administers federal civilian procurement policies pertaining to the

construction and management of federal buildings, disposal of real and personal

property, and management of federal property and records. It is also responsible for

managing the funding and facilities for former Presidents and presidential transitions.

GSA is one of several agencies covered by this bill which are involved in

counterterrorism activities. Please see the “Terrorism” section below for further

details.

Under P.L. 107-67, GSA is funded at $472,081,000 for FY2002. The funding

includes $284,000,000 to the Federal Buildings Fund, $143,139,000 to policy and

operations, $36,346,000 to the Office of Inspector General, $5,000,000 to the

Electronic Government (E-Gov) Fund, and $3,196,000 to the allowances and office

staff for former Presidents. Sections 401 through 413 relate to GSA general

provisions. Sections 408-413 are new provisions which relate to vehicle policy

management, naming of specific federal buildings, road construction and property

transfer.

42

FY2002 Budget, Analytical Perspectives, p. 355.

CRS-28

The House had approved an appropriation of $459,021,000 for GSA. Of this

total, $276,400,000 would be provided for the Federal Buildings Fund; $137,947,000

for policy and operations; $36,378,000 for the Office of Inspector General; and

$3,196,000 for allowances and office staff for former Presidents. The House

committee had approved an appropriation of $458,401,000.

S. 1398, as introduced in the Senate and as reported by the Senate committee,

would have provided $276,400,000 for the Federal Buildings Fund; $145,749,000 for

policy and operations; $36,025,000 for the Office of Inspector General; and

$3,376,000 for allowances and office staff for former Presidents. The Senate

approved those amounts.

The President’s FY2002 budget contained a request for $138,499,000 for policy

and operations; $36,025,000 for the Office of Inspector General; and $3,552,000 for

allowances and office staff for former Presidents.

Three different laws provide FY2001 funding to the General Services

Administration. P.L. 106-554 provides $632,211,000 for GSA in FY2001. Of this

total, $464,154,000 is appropriated for the Federal Buildings Fund; $123,920,000 for

policy and operations; $34,520,000 for the Office of Inspector General; $2,517,000

for benefits to former Presidents; and $7,100,000 for the presidential transition. An

additional $2,070,000 is to be deposited into the Federal Buildings Fund. An advance

FY2002 appropriation of $276,400,000 is also provided for the Federal Buildings

Fund. P.L. 106-346 appropriated $11,350,000 in FY2001 funds to the Federal

Buildings Fund and $13,789,000 for the policy and operations account. P.L. 106275, as amended provided $7,100,000 for presidential transition, releasing funds

needed after the election for that purpose. GSA FY2001 is reduced, through the

rescission, by $1,470,000, with $1,053,000 coming out of the Federal Buildings Fund.

P.L. 107-20 added an additional $25,757,000 to GSA’s FY2001 appropriation.

Federal Buildings Fund (FBF). The act includes the $276,400,000

appropriated in FY2001 as advance appropriations for the FBF and an additional

$8,000,000 for FY2002. The House and Senate had determined that there would be

no additional direct appropriation into the Federal Buildings Fund for FY2002. A

total of $276,400,000 for the Federal Buildings Fund is the amount included in

FY2001 direct appropriations which was designated to become available on October

1, 2001. The House agreed to an amendment making available $14 million from the

Fund for a National Archives and Records Administration building in Georgia.

Since the FY2001 advance appropriation provided $276,400,000, no additional

funds were requested. Of the $6,107,891,000 deposited in the FBF, the President’s

FY2002 budget requests that $386,289,000 shall remain available until expended for

construction, and that $826,676,000 shall remain available until expended for repairs

and alterations.

Revenue to the FBF is the principal source of funding. Congress, however,

directs the GSA as to the allocation (or limitation on spending) of funds. The

conference agreement would provide $386,280,000 for construction and acquisition

of facilities; $826,676,000 for repairs and alternations; $186,427,000 for installment

acquisitions payments; $2,952,050,000 for rental of space; and $1,748,949,000 for

building operations. All of these levels meet or fall just below the Administration

CRS-29

request and the House-passed version. That holds true also with the Senate version

except the Senate would have provided over $90,000,000 more for the spending

allotment in the construction and acquisition of facilities account. The conferees

direct the Federal Buildings Fund managers on specific issues with regard to the

spending of the funds.43

Electronic Government Fund. In advance of his proposed budget for

FY2002, the President released, on February 28, 2001, A Blueprint for New

Beginnings: A Responsible Budget for America’s Priorities. Intended as a 10-year

budget plan, the Blueprint, among other innovations, proposed the establishment of

an electronic government account, seeded with “$10 million in 2002 as the first

installment of a fund that will grow to a total of $100 million over three years to

support interagency electronic Government (e-gov) initiatives.” Managed by OMB,

the fund was foreseen as supporting “projects that operate across agency boundaries,”

facilitating “the development of a Public Key Infrastructure to implement digital

signatures that are accepted across agencies for secure online communications,” and

furthering “the Administration’s ability to implement the Government Paperwork

Elimination Act of 1998, which calls upon agencies to provide the public with

optional use and acceptance of electronic information, services and signatures, when

practicable, by October 2003.”44 About one month later, on March 22, OMB Deputy

Director Sean O’Keefe announced that the Bush Administration had decided to

double the amount to be allocated to the e-gov fund, bringing it to $20 million.45

As included in the President’s budget, the fund was established as an account

within the General Services Administration, to be administered by the Administrator

of General Services “to support interagency projects, approved by the Director of the

Office of Management and Budget, that enable the Federal Government to expand its

ability to conduct activities electronically, through the development and

implementation of innovative uses of the Internet and other electronic methods.” The

Senate bill, as approved by the Senate, provided $5 million, to remain available until

expended, as did the House bill adopted by the House. Also, the Senate bill, like the

House bill, stipulated that transfers of monies from the fund to federal agencies may

not be made until 10 days after a proposed spending plan and justification for each

project to be undertaken using such monies has been submitted to the Committee on

Appropriations. Ultimately, the House and the Senate accepted the conference

agreement on H.R. 2590 retaining both the $5 million appropriation for the fund and

the requirement for a proposed spending plan and justification for each project using

fund monies. Expressing general support for the purposes of the fund, the conferees

had recommended, and both chambers accepted, that the administration work with

the House Committee on Government Reform and the Senate Committee on

43

Conference Report, pp. 64-65.

44

U.S. Executive Office of the President, Office of Management and Budget, A Blueprint for

New Beginnings, pp. 179-180.

45

William Matthews, “Bush E-gov Fund to Double,” Federal Computer Week, vol. 15, Mar.

26, 2001, p. 8.

CRS-30

Governmental Affairs to clarify the status of its authorization. The President’s initial

request for the fund was $20 million, to remain available until September 30, 2004..46

Merit Systems Protection Board (MSPB). The MSPB assists federal

agencies in running a merit-based civil service system. The agency carries out its

mission on a case-by-case basis through hearings and decisions on employee appeals,

and on a systematic basis by reviewing the significant actions and regulations of the

Office of Personnel Management (OPM) and studying the civil service and other merit

systems. MSPB’s work is to ensure that personnel actions are processed within the

law and that the actions of OPM and other agencies support and enhance merit

principles.

P.L. 107-67 provides an appropriation of $30,555,000 for the MSPB. In

addition, $2,520,000 would be transferred from the Civil Service Retirement and

Disability trust fund to provide for administrative expenses to adjudicate retirement

appeals. This was the amount passed by the House and agreed to by the conference

committee. The President’s FY2002 budget proposed an appropriation of

$30,375,000. The request, not including the trust fund transfer, was 3.4% above the

FY2001 funding minus the rescission. The House and Senate committees

recommended and the Senate passed the same amount as the President requested.

The agency’s FY2001 appropriation, not including the trust fund transfer, was

$29,437,000. P.L. 106-554 also provided for a 0.22% or $65,000 across-the-board

cut in the FY2001 funding.47 After this reduction, the FY2001 funding was

$29,372,000.

National Archives and Records Administration (NARA). The

custodian of the historically valuable records of the federal government since its

establishment in 1934, NARA also prescribes policy and provides both guidance and

management assistance concerning the entire life cycle of federal records. It also

administers the presidential libraries system; publishes the laws, regulations, and

presidential and other documents; and assists the Information Security Oversight

Office (ISOO), which manages federal security classification and declassification

policy; and the National Historical Publications and Records Commission (NHPRC),

which makes grants nationwide to help nonprofit organizations identify, preserve, and

provide access to materials that document American history.

Under P.L. 107-67, NARA will receive $276,602,000. This represents an

appropriation of $283,214,000 offset by debt reduction in the amount of $6,612,000.

Of the $244,247,000 for NARA operating expenses, $22,302,000 is for an electronic

records archive, $16,337,000 of which shall be available until September 30, 2004.

The funding reflects both the Senate- and House-passed funding levels. The House

amount was a $700,000 increase, effected through a Rules Committee amendment,

in the $243,547,000 allocated by the bill as reported from the Appropriations

46

William Matthews, “Bush E-gov Fund to Double,” Federal Computer Week, vol. 15, Mar.

26, 2001, p. 8.

47

FY2002 Budget, Analytical Perspectives, p. 356.

CRS-31

Committee. The provided funds are in the amount requested in the President’s

FY2002 budget.

P.L. 107-67 provides $39,143,000 for repairs and restoration, $28,500,000 of

which was designated for a new Southeast regional archives facility to be constructed

on land to be acquired by direct payment or the provision of site improvements from

the State of Georgia or Clayton County or some other governmental authority

thereof. The Senate had provided $30,500,000 for construction of a NARA facility

in Georgia and $41,143,000 for repairs and restoration of NARA facilities,. The

House had allocated $24,643,000 for repairs and restoration of NARA

facilities—$10,643,000 as requested in the President’s budget and $14 million made

available, through the adoption of an amendment during floor debate, from the

General Services Administration Federal Buildings Fund for the NARA facility to be

built in Georgia.

P.L. 107-67 provides $6,436,000 for the NHPRC grants program, as requested

in the President’s budget. This was the amount approved by the Senate. The Senate

Appropriations Committee report on the bill had noted the interest of two libraries in

preserving and making accessible their particular holdings of the papers of John

Adams and Calvin Coolidge, and had encouraged the NHPRC to work with the

officials of those institutions to develop competitive grant proposals. Similarly, within

the funds provided, the Committee had recommended that the NHPRC work closely

with the University of Hawaii and the University of Alaska to develop a proposal for

cataloging the historic records relating to statehood in preparation for the 50th

anniversary statehood celebrations in Hawaii and Alaska. The House had provided

$10 million for the NHPRC grants program, which was an increase of $5,564,000

above the President’s request. Of the grants funds allocated by the House,

$1,700,000 was specified for assisting the Oklahoma Centennial Commission with

memorializing the Oklahoma Land Run, and $1 million was specified for the Boston

Public Library to assist with preserving and enhancing its holdings of materials related

to John Adams.

Also accepted in the final version of the bill was conferee report language

amending section 2105 of Title 44, United States Code, to allow the Archivist to

appoint directors at presidential archival depositories as qualifying for Senior

Executive Service positions. During Senate consideration of the bill, a floor

amendment (amendment No. 1575) authorizing the Archivist to appoint directors at

presidential archival depositories as qualifying for Senior Executive Service positions

was adopted.

The total amount appropriated for NARA by the House, $278,290,000, was

adjusted by $6,612,000 for debt reduction, making the allocation $272,278,000.

Drawing upon funds made available to him by the Emergency Supplemental

Appropriations Act for Recovery from and Response to Terrorist Attacks on the

United States, FY2001, President Bush, on October 16, 2001, allocated $7 million to

NARA, $4.8 million for the operating expenses account for additional guard services

at NARA-owned facilities, and $2.2 million for the repairs and restoration account.

(See the Terrorism section of this report.)

CRS-32

Office of Government Ethics (OGE). The Office of Government Ethics,

a small agency within the executive branch, was established by the Ethics in

Government Act of 1978. Originally part of the Office of Personnel Management,

OGE became a separate agency on October 1, 1989, as a result of the Office of

Government Ethics Reorganization Act of 1988. The Office of Government Ethics

exercises leadership in the executive branch to prevent conflicts of interest on the part

of government employees, and to resolve those conflicts of interest that do occur. In

partnership with executive branch agencies and departments, OGE fosters high ethical

standards for employees and strengthens the public's confidence that the government's

business is conducted with impartiality and integrity.

P.L. 107-67 funds OGE at $10,117,000, an increase of $454,000 from FY

2001 funding. This is the amount approved by the House of Representatives. The

FY2002 request had been $10,060,000, an actual increase from FY2001 of $397,000.

Although the House approved the $10,117,000, the Senate approved $10,060,000l.

For FY2001, P.L. 106-554 appropriated the requested amount of $9,684,000,

which was subject to a .22% rescission of $21,000. Accordingly, the net funding for

FY2001 was $9,663,000.

On December 20, 2001, legislation (S. 1202) reauthorizing the OGE through

FY2006 was cleared for the President’s approval.

Office of Personnel Management (OPM). The budget for OPM is

comprised of budget authority for both permanent and current appropriations. This

report discusses the budget authority for current appropriations. The agency is

responsible for administering personnel management functions. Among the activities

OPM engages in are helping agencies develop merit-based human resources

management accountability systems to support their missions; managing the federal

government’s merit-based employment system; administering the retirement, health

benefits, and life insurance programs for current and retired federal employees;

developing and implementing policies on pay and leave administration; and developing

and administering policies, regulations, and guidelines on employee relations. The

Office of Inspector General (OIG) conducts audits, investigations, evaluations, and

inspections throughout the agency and may issue administrative sanctions related to

the operation of the Federal Employees Health Benefits Program.

P.L. 107-67 provides an appropriation of $15,508,134,000 for OPM. This total

includes discretionary funding of $99,636,000 for salaries and expenses and

$1,498,000 for OIG salaries and expenses. It also includes mandatory funding of

$6,145,000,000 for the government payment for annuitants of the employees health

benefits program,48 $33,000,000 for the government payment for annuitants of the

employee life insurance program, and $9,229,000,000 for payment to the civil service

retirement and disability fund. Not included in this total are trust fund transfers of

$115,928,000 for salaries and expenses (of which $21,777,000 would remain available

until expended for the cost of automating the retirement record-keeping systems) and

48

The President’s budget shows an appropriation of $6,102,000,000, but the House

Appropriations committee report states that the amount requested was $6,145,000,000.

CRS-33

$10,016,000 for OIG salaries and expenses. (In FY2001, $101,986,000 for salaries

and expenses and $9,745,000 for OIG salaries and expenses were transferred from

trust funds.) The P.L. 107-67 amounts were passed by the House and agreed to by

the conference committee.

The President’s FY2002 budget proposed an appropriation of $15,507,434,000

for the agency. This total included discretionary funding of $99,036,000 for salaries

and expenses; $1,398,000 for the OIG; and the same amounts as P.L. 107-67 provides

for the other accounts. The request, not including the trust fund transfers, was 7%

above the FY2001 funding minus the rescission. The House and Senate committees

recommended, and the Senate passed, the same amount as the President requested.

The agency’s FY2001 appropriation, not including the trust fund transfers, was

$14,497,672,000. P.L. 106-554 also provided for a 0.22% or $462,000 across-theboard cut in the FY2001 funding.49 After this reduction, the FY2001 funding was

$14,497,210,000.

The House committee’s report:

directs the Office of Personnel Management to submit a report within 120 days of

enactment on the cost of administering the FWS, [Federal Wage System] including

the cost of data collection, the cost of analyzing FWS data and its transformation

into FWS pay lines and wage schedules, the cost of operating the Federal

Prevailing Rate Advisory Committee, and the number of FWS workers in each

Federal agency. This information will help to determine whether the data used by

the FWS justifies its cost, and whether other mechanisms for setting federal blue

collar worker pay would be more effective.50

In its report, the Senate committee expressed support for “providing the

technology necessary to modernize the Federal employee retirement system,” but:

recommends that OPM reach out to GAO for guidance and support on this

initiative and encourages the establishment of a relationship for the duration of the

project. The Committee expects to be informed regularly by OPM and GAO on

the progress of this IT [information technology] project.51

Office of Special Counsel (OSC). The agency investigates federal

employee allegations of prohibited personnel practices and, when appropriate,

prosecutes matters before the Merit Systems Protection Board; provides a channel for

whistle blowing by federal employees; and enforces the Hatch Act. In carrying out

the latter activity, the OSC issues both written and oral advisory opinions. The OSC

may require an agency to investigate whistleblower allegations and report to the

Congress and the President as appropriate.

49

FY2002 Budget, Analytical Perspectives, p. 353.

50

House Report, p. 83.

51

Senate Report, p. 83.

CRS-34

P.L. 107-67 provides an appropriation of $11,891,000 for the OSC. This was

the amount passed by the House and agreed to by the conference committee. The

President’s FY2002 budget proposed an appropriation of $11,784,000. According

to the budget, “this request will enable OSC to continue its efforts to reduce its longstanding case processing backlogs.” The agency’s revised FY2002 strategic plan

“place[s] more emphasis on prioritizing cases by category and resource allocation,

while improving quality.”52 The request was 6.0% above the FY2001 funding minus

the rescission.

The House committee recommended an appropriation of $11,823,000. The

Senate committee recommended, and the Senate passed, the same amount as the

President requested.

The agency’s FY2001 appropriation was $11,147,000. P.L. 106-554 also

provided for a 0.22% or $25,000 across-the-board cut in the FY2001 funding.53 After

this reduction, the FY2001 funding was $11,122,000.

General Provisions

This section of the report discusses, briefly, general provisions such as

government-wide guidance on basic infrastructure-like policies. Examples would be

provisions related to the Buy America Act, drug-free federal workplaces, and

authorizing agencies to pay GSA bills for space renovation and other services which

are annually incorporated into the Treasury and General Government appropriations

legislation. Quite frequently, additionally, there will be provisions which relate to

specific agencies or programs. For both Title V and VI, with noted exceptions, the

sections discussed here will be those which are new or contain modified policies. The

Administration’s proposed language for general provisions in Title VI is found the

Appendix.54 The amendments adopted and rejected during House consideration and

passage of H.R. 2590 July 25 and the Senate amendments considered and adopted

September 19, are presented in the section of the report entitled “Status and

Legislative History.”

Under Title V, P.L. 107-67 includes a new provision (section 515) regarding

prohibiting the use of funds to any person or entity convicted of violating the Buy

American Act.

Title VI contains several new or significantly modified, provisions as agreed to

by the conferees.

Section 619 modifies and continues the provision prohibiting the importation of

any goods manufactured by forced or indentured child labor.

52

FY2002 Budget, Appendix, p. 1203.

53

FY2002 Budget, Analytical Perspectives, p. 357.

54

FY2002 Budget, Appendix, pp. 9-14.

CRS-35

Section 630 continues and makes permanent the provision authorizing agencies

to provide childcare in federal facilities. (See discussion below.)

Section 634 extends the authorization for franchise fund pilots for one year.

Section 635 clarifies that the Department of the Navy will provide and pay for

utilities for the official residence of the Vice President without reimbursement.

This provision was proposed in the President’s budget. An amendment to strike this

language was defeated during House consideration and debate.

Section 636 authorizes the Secretary of the Navy to accept gifts of consumable

items, or funds for the, to be accepted for use at official functions at the Vice

President’s residence, including the hosting of foreign dignitaries. This provision was

proposed in the President’s budget. A amendment to strike this language was

defeated during House consideration and debate.

Section 637 clarifies that certain Title 5 authorities are available with respect to

civilian personnel of the White House Office, the Executive Residence at the White

House, the Office of the Vice President, the Domestic Policy council, and the Office

of Administration. This provision was proposed in the President’s budget.

Section 638 requires the Office of Personnel Management to submit a report

regarding telecommuting centers.

Section 639 continues and modifies a provision prohibiting the use of funds to

monitor personal information relating to the use of Federal internet sites. Applies

provision government-wide.

Section 640 amends Title 5 to clarify retirement benefits for air traffic

controllers.

Section 641 amends 5 U.S.C. 4507 to make federal employees in senior technical

positions eligible for Presidential rand awards.

Section 642 extends authority for the FEC to assess administrative fines for

straightforward violations of reporting deadlines from December 31, 2001 to

December 31, 2003.

Section 643, while continuing the contraceptive coverage in health plans

participating in the Federal Employees Health Benefits Program (see discussion under

federal personnel issues below), deletes the name of a provider no longer participating

in the program. The requirement (section 630, FY2001), first enacted in FY1999, has

been highly controversial. The Bush administration recommended eliminating the

requirement.

Section 644 clarifies that the U.S. Anti-Doping Agency is the official anti-doping

agency for the Olympic games.

Section 645 clarifies the status of certain employees of the United States-China

Security Review Commission.

CRS-36

Section 646 provides a 4.6% pay adjustment for federal civilian white collar

employees. The rule (H. Res. 206) on the bill provided for approval of an amendment

which would provide $27.9 million for partial costs associated with pay parity for

civilian employees.

Section 647 directs departments and agencies to comply with the Rural

Development Act of 1972.

Section 648 extends the deadline for the submission of annual reports by the

United States-China Security Review Commission, as proposed by the Senate.

Section 649 allows the National Archives to establish SES positions at

Presidential Libraries.

Section 650 extends authorization of the “Breast Cancer Research Stamp.”

Section 651 relates to the shipment by the U.S. Postal Service of day-old

poultry.

Section 652 authorizes the “9/11 Heroes Stamp” as a semipostal.

Section 653 authorizes the “Stamp Out Domestic Violence” stamp.

Administration General Provision Proposals.

The Bush Administration recommended elimination of the provision (section

609, FY2001) which prohibits payment to political appointees functioning in jobs for

which they have been nominated, but not confirmed. This provision has been in the

bill for at least twenty years. The previous administration also recommended its

elimination. The House adopted an amendment which would reinstate that language.

The Bush Administration also recommended elimination of the provision (section

612, FY2001) which prohibits use of funds to “implement, administer, or enforce any

regulation” which has been disapproved through statutorily authorized means. If the

provision were eliminated, conceivably the executive could continue regulatory

activities which Congress had disapproved, through resolution of disapproval or the

Congressional Review Act. The provision, in the bill since the early 1980s, had been

recommended for elimination by the previous administration also. The provision

appears as section 612 P.L. 107-67.

Another section (section 621, FY2001) recommended for elimination by both the

Bush and Clinton administrations, is that which requires that no funds may be

obligated or expended for employee training that does not directly relate to the

employee’s official duties, that contains elements likely to induce high levels of

emotional response or psychological stress in some participants, that does not notify

employees of content in the course or post-course evaluation, that contains any

methods or content “associated with religious or quasi-religious belief systems or

‘new age’ belief systems,” and that is offensive to, or designed to change,

participants’ personal values or lifestyles away from the workplace. The language

affirms the agencies’ responsibilities to train staff for the performance of official

CRS-37

duties. This language has been in the bill since the mid-1990s. The provision appears

as section 621 in the act.

Section 622 (FY2001) prohibits the use of funds to require and execute

employee non-disclosure agreements without those agreements having whistle-blower

protection clauses. The Bush proposal would eliminate that provision, which has

been in the bill for over ten years. The provision appears as section 622 in the act.

Section 627 (FY2001) requires approval by the Committees on Appropriations

of release of any “non-public” information such as mailing or telephone lists to any

person or any organization outside the federal government. That provision would be

eliminated under the President’s proposal. It appears as section 625 in the act.

Federal employees in executive agencies are required (section 629, FY2001) to

“use official time in an honest effort to perform official duties.” That requirement, in

the bill since FY1999, has been slated for elimination by both the Bush and Clinton

budget proposals. The argument has been that the ethics statutes, in fact, place that

same requirement on all federal personnel. The provision appears as section 627 in

the act.

There were four new sections proposed in the President’s budget:

! to extend to October 1, 2002 the franchise fund pilot programs established

under the Federal Financial Management Act of 1994 (P.L. 103-356) ( budget

proposal section 628; P.L. 107-67, section 634 );

! to amend P.L. 93-346 to require that the Secretary of the Navy provide for

utilities, including electrical, at the official residence of the Vice President

(budget proposal section 629; section 635 in the act; an amendment on the

House floor to strike this language was rejected);

! to amend P.L. 93-346 to authorize and direct the Secretary of the Navy to

accept donations of money or property or use at official functions in or about

the official residence of the Vice President (budget proposal section 630; H.R.

2590, section 636 in the act; an amendment on the House floor to strike this

language was rejected); and

! to provide that the heads of the White House Office, the Executive Residence

at the White House , the Office of the Vice President, the Domestic Policy

Staff, and the Office of Administration would have full employment authority

over all federal personnel (from any branch) detailed to any of their respective

entities (budget proposal section 631; section 637 in the act).

See the section on federal child care policies below for a discussion of changes

proposed to those policies (section 633, FY2001, budget proposal and P.L. 107-67

section 624).

There are several general provisions which the Bush budget would eliminate

because they were made permanent through the FY2001 legislation. See “Status and

Legislative History” above for information on House floor amendments which were

adopted.

CRS-38

Terrorism

According to the Office of Management and Budget, several accounts under this

appropriation (Department of the Treasury, Bureau of Alcohol, Tobacco, and

Firearms, U.S. Customs Service, U.S. Secret Service, and the General Services

Administration) receive funding for functions related to countering terrorism. With

the exception of the Counterterrorism fund account within the Department of the

Treasury, none of the agencies carry a line account specifically funding

counterterrorism, or terrorism responses. Certain accounts have been allocated funds

from the Emergency Response Fund established through P.L. 107-38. Also, under

the provisions of P.L. 107-38, a further supplemental appropriation is authorized.

The Administration submitted specifics for the allocation of funds under such an

emergency supplemental and P.L. 107-117 appropriated funds. There has been

established, within the Executive Office of the President and Office of Homeland

Security.

The role of the Department of the Treasury relates to both its statutory missions

and the capabilities of its law enforcement groups. Although the Federal Bureau of

Investigation is the lead agency for several functions, the Customs Service has the

lead in preventing terrorist from entering the United States, the Secret Service is

responsible for protection of officials and facilities and has the lead in providing

security plans to prevent terrorist incidents at National Special Security Events, such

as the 2002 Olympics; and the Bureau of Alcohol, Tobacco and Firearms is the lead

on firearms and explosives. The Department itself has a general responsibility for the

support and security of the nation’s financial structure.

The General Services Administration has the responsibility for the management

and oversight of federal buildings and federal real property. Under the Government

Information Security Reform Act of 2000, (P.L. 106-398) the GSA is directed to

assist agencies in fulling their responsibility to maintain procedures for detecting,

reporting, and responding to security incidents. In this latter regard, GSA operates

the Federal Computer Incident Response Center (FedCIRC), whose purpose it is to

ensure that the government has a central focal point for handling computer security

related incidents, can withstand or quickly recover from attaches against its

information systems, and has a centralized computer security information-sharing

program.

Counterterrorism Activity Funding — OMB Annual Report

The Office of Management and Budget is required to submit an Annual Report

on Combating Terrorism. The most recent of these was issued in August 2001

[http://www.whitehouse.gov/omb/legislative] and provides some details on the

funding for these agencies.

That report notes that the FY2002 Budget request suggested modifications to

the Treasury Counterterrorism Fund

In order to provide greater flexibility in managing counterterrorism programs, in

which the needs for funding are often temporary and unforeseen, the

CRS-39

Counterterrorism Fund in the President’s FY2002 budget is patterned after the

fund that has been established at the Department of Justice. As proposed, the

Treasury Counter-terrorism Fund would still be used only for the costs of

providing support to counter, investigate, or prosecute terrorism, including rewards

in connection with these activities. Although expenditures would not have to be

designated emergency requirements, any amount provided from the Fund would

be available only after notice of its proposed use had been transmitted to the

Congress and such amount had been apportioned pursuant to 31 U.S.C. 1513(b).

This would ensure adequate Congressional oversight of Fund expenditures, while

permitting its use in all appropriate circumstances. (page 83)

Please note that Table 2 does not include a specific line amount for the fund.

Although no explanation is provided, it is assumed, since the funding amounts

correspond to those for the Fund, that the figures under the Departmental Offices are

those for the Fund. The House Committee on Appropriations data provided for

tracking the accounts shows that the FY2001 enacted $54.9 million, the President’s

request was $44.9 million, the House- passed version would fund the account at $36.9

million, and the Senate version, as reported, is $44.9 million (see Table 7 below).The

Senate report indicates a recognition of the varied responsibilities held by the Treasury

bureaus and indicates the expectation that these funds would be used to reimburse

them for activities including travel, transportation, and other support services.55

Table 2 provides funding information drawn from the tables at the end of the

OMB report (pages 92, 98-100). Please note that OMB does not indicate whether

these are budget authority figures or outlays.

Table 2. Department of the Treasury and General Services

Administration Funding to Combat Terrorism Including Defense

Against Weapons of Mass Destruction

(in millions of dollars)

Agency or Account

Department of the Treasury

Alcohol, Tobacco, and Firearms

Departmental Offices

Engraving and Printing

Federal Law Enforcement Center

Financial Management Service

Internal Revenue Service

Treasury IG for Tax Administration

U.S. Customs Service

U.S. Secret Service

General Services Administration

Public Buildings Service, Federal Protective Service

55

Senate report, p. 13.

CRS-40

FY2001

Enacted

$432.3

31.5

54.9

6.0

3.4

3.1

18.6

5.8

FY2002

Request

$419.4

31.7

44.9

6.0

3.4

2.4

21.2

6.0

81.4

227.7

71.7

232.2

105.9

105.6

Emergency Response Fund

Subsequent to the September 11, 2001 attacks, Congress enacted P.L. 107-38,

the Emergency Supplemental Appropriations Act for Recovery from and Response

to Terrorist Attacks on the United States, FY2001.56 The Emergency Response Fund

has been established and the President may allocate funds (up to a total of $20 billion)

as necessary to support the recovery, response, and national security activities as

dictated by circumstances related to the attacks. Congress has been notified of six

allocations affecting accounts covered by the Treasury and General Government

Appropriations. The funds in five (September 21 and 28, October 5, November 8 and

30) were made available immediately. The other allocation was forwarded to

Congress November 5, with funds to be made available to the Department of the

Treasury immediately and to the U.S. Postal Service after a 15-day congressional

review period.57 P.L. 107-38 also authorized the emergency supplemental enactment

of an additional $20 billion. The Administration sent forward its recommended

allocations under that measure. Congress made some changes and included the

supplemental appropriation as Division B of the FY2002 Department of Defense

Appropriation.

To date, the allocations for accounts within the Treasury and General

Government appropriation total $370.9 million. The two largest single allocations to

accounts usually funded by this appropriation are $51 million to the President’s

Unanticipated Needs fund and $175 million to the Postal Service. Table 3 presents

information on allocations to those accounts. Details on purposes are provided as

available. P.L. 107-117 funds the covered accounts for a total of $1,283.4 million.

See Table 4 for details.

Emergency Supplemental Authorized Under P.L. 107-38

In addition to the $20 billion in the Emergency Response Fund, P.L. 107-38, the

Emergency Supplemental Appropriations Act for Recovery from and Response to

Terrorist Attacks on the United States, FY2001, authorizes an emergency

supplemental of up to $20 billion, for the purposes of response and recovery. P.L.

107-117 appropriates a total of $1,283.4 million for the accounts covered by the

Treasury and General Government appropriation.58 The allocations are not identical

to those described as sent from the Administration. See Table 4 for details.

On October 16, the Administration detailed to Congress how those funds should

be allocated. Several accounts within the Treasury and General Government

56

P.L. 107-38; Sept. 18, 2001; (H.R. 2888, 107th Congress). See Terrorism Funding:

Congressional Debate on Emergency Supplemental Allocations, a CRS Report (RL31187).

57

The texts of the allocation communications from the Administration to Congress can be

found at [http://w3.access.gpo.gov/usbudget/fy2002/amndsup.html]. Estimates No. 15, 17,

18, 20, 21, 22, and 23 contain information on all such allocations for all appropriated funds

government wide.

58

P.L. 107-117 (H.R. 3338); Jan. 10, 2002; 115 Stat. 2230.

CRS-41

Appropriation would be affected. 59 According to the summaries provided by the

Administration:

The $315.2 million in funding proposed for the Treasury Department would

provide: $114.2 million for the customs Service to improve and expand airport and

aviation security as well as increase efforts of inspectors at high-risk seaports and

land borders; $104.8 million for the Secret Service to fund necessary, additional

expenses incurred due to the attacks, and $96.2 million for other Treasury

Department emergency expenses, including $37.2 million for the Internal Revenue

Service to replace damaged equipment in their New York offices.

This proposal would provide $50.0 million to enable the Executive Office of

the President to meet additional requirements in response to the September 11th

terrorist attacks and to ensure the continuity of support and services to the

president and Vice President of the United States.

A total of $200.5 million is requested for the Federal Buildings Fund [GSA]

to increase security services nationwide at Federal buildings, for replacement space

costs in New York City, for additional security equipment nationwide, and other

security costs.

In addition, $7 million would be allocated to the National Archives and Records

Administration. The total Administration allocations would have been $512.7 million

for these accounts.

On December 20, 2001, Congress cleared H.R. 3338 (Department of Defense

Appropriations, 2002) for the President’s approval. Division B of P.L. 107-117,

signed January 10, 2002 is the Emergency Supplemental Appropriation and provides

$1,283.4 million for accounts under discussion in this report.

Office of Homeland Security

During his September 20, 2001 speech before a joint session of Congress on the

September 11, 2001 terrorist attacks on America, President George W. Bush

announced that he was creating the Office of Homeland Security as a Cabinet-level

position reporting directly to him.60 The President also announced that Pennsylvania

Governor Tom Ridge would head the office. President Bush issued Executive Order

13228 on Monday, October 8, 2001 establishing within the Executive Office of the

59

Communication from the Office of Management and Budget, with a cover letter from

President George Bush to the Speaker of the House of Representatives, dated Oct. 16, 2001

(Estimate

No.

19),

as

required

under

P.L.

107-38

[http://w3.access.gpo.gov/usbudget/fy2002/amndsup.html].

60

U.S. President (George W. Bush), Weekly Compilation of Presidential Documents, vol.

37, Sept. 24, 2001, p. 1349. See also: U.S. Library of Congress, Congressional Research

Service, Homeland Security: the Presidential Coordination Office, CRS Report No.

RL31148, by (name redacted).

CRS-42

President an Office of Homeland Security.61 The mission of the office is to develop

and coordinate the implementation of a comprehensive national strategy to secure the

United States from terrorist threats or attacks. On October 5, $25,000,000 was

allocated from the Emergency Response Fund for the Office of Homeland Security.

Tom Ridge, who resigned as Governor of Pennsylvania on October 5, 2001 ,

was sworn in on October 8 and will serve as Assistant to the President for Homeland

Security. The New York Times reported that Mr. Ridge moved into a West Wing

office, will have a staff of 100, and "was given a $25 million start-up budget." Mr.

Ridge will also serve as a member of the Homeland Security Council, also established

by President Bush by Executive Order 13228 on October 8.

The press has provided considerable discussion of the office, its funding, and its

operation prior to the executive order. Government Executive quoted White House

spokesman Ari Fleischer as saying that the President would establish the office by

executive order and that Mr. Ridge would serve as an assistant to the President.62 At

a press briefing on September 21, 2001, Mr. Fleischer stated that questions of funding

and staff for the office are still being considered; a combination of new staff and

loaned staff from the Department of Justice and other departments could be used.63

The Washington Post reported that Mr. Ridge “will have his own budget and

‘significant’ staff” and will “recommend the parameters.”64 According to

Congressional Quarterly, Senators Bob Graham, Chairman of the Senate Select

Committee on Intelligence, Joseph Lieberman, Chairman of the Senate Committee on

Governmental Affairs, and Dan Burton, Chairman of the House Committee on

Government Reform and Oversight want the new office to be established by

legislation and given budget authority.65 Although Mr. Ridge did not officially resign

the governorship until October 5, 2001, the Harrisburg, PA. Patriot-News reported

that “much of the next two weeks will be spent in close contact with administration,

law enforcement and intelligence officials to begin organizing and staffing the new

office.” The newspaper quoted a White House official as saying that “the

administration is working with Congress on legislation to provide independent budget

authority.”66

61

Executive Order 13228, signed Oct. 8, 2001; 66 FR 51812, Oct. 10, 2001

62

Tom Shoop, “Bush Creates Homeland Defense Agency,” Government Executive, Sept. 20,

2001.

63

White House Press Briefing, Sept. 21, 2001.

64

Ellen Nakashima and Bradley Graham, “Direct Authority Called Key in Homeland

Agency,” Washington Post, Sept. 22, 2001, p. A07.

65

Alan K. Ota, “Hill Chairmen Demand Role in Oversight of Ridge’s Office,” CQ Monitor

News, Sept. 21, 2001.

66

Brett Lieberman, “Ridge to Oversee Federal Agencies’ Terrorism Response,” The PatriotNews, Sept. 22, 2001. Available on the Internet at [http://www.patriot-news.com/], visited

Sept. 24, 2001.

CRS-43

Table 3. Emergency Response Fund Allocations 67

Emergency Response Fund Allocations

Account

Allocation

Date

Purpose

Department of the Treasury

Departmental Offices

Salaries and Expenses

$6,100,000

9/21/01

Salaries and Expenses

$9,400,000

11/8/01

$60,000

9/21/01

$110,000

9/21/01

$1,530,000

9/21/01

Financial Crimes Enforcement Network

Financial Management Service

Salaries and Expenses

Bureau of Alcohol, Tobacco, and Firearms

Salaries and Expenses

67

Support the immediate response and recovery needs of the

approximately 1,000 Treasury employees who were located

in or near the World Trade Center complex, most of whose

offices were destroyed. These funds will also be used to

establish a Foreign Terrorist Assets Tracking Center, as well

as fund Customs Service air support for counterterrorism

activities. [This general statement was presented as including

IRS as well.]

The November 8 allocation provides the necessary

resources for staff facilities, equipment, and other support

for the Air Transportation Stabilization Board, recently

created, in anticipation of appropriations passage for that

purpose. N.B. That funding was not included in the

subsequent supplemental appropriation.

Unless otherwise noted, the information on the table is in communications from the Office of Management and Budget, with a cover

letter from President George Bush to the Speaker of the House of Representatives, dated Sept. 21, 2001 (Estimate No. 15) and Sept.

28, 2001 (Estimate No. 17), dated Oct. 5, 2001 (Estimate No. 18), Nov. 5, 2001 (Estimate No. 21), Nov. 8, 2001 (Estimate No. 22),

and Nov. 30, 2001 ( Estimate No. 23), as required under P.L. 107-38 [http://w3.access.gpo.gov/usbudget/fy2002/amndsup.html].

CRS-44

Emergency Response Fund Allocations

Account

Allocation

Date

Purpose

The November 5 allocation for the Customs Service is to

support 100 State-activated National Guard troops for three

months to enhance security and expedite U.S. Customs

Service checks at U.S.-Canadian ports of entry.

U.S. Customs Service

Salaries and Expenses

$21,000,000

9/21/01

Salaries and Expenses

$2,337,000

11/5/01

Operation, Maintenance, & Procurement

Air & Marine Interdiction Programs

$14,700,000

9/21/01

Processing, Assistance, and Management

$1,920,000

9/21/01

Response funding: security, grief counseling, overtime,

travel, mail and telephone operations

Tax Law Enforcement

$2,170,000

9/21/01

Response and Recovery funding: security expenses,

investigative, replacement of destroyed office equipment,

automobiles, overtime, travel, and per diem.

Information Systems

$450,000

9/21/01

Response and Recovery funding: overtime, reimbursement

for police protection, wiring of temporary locations, replace

destroyed data infrastructure and equipment, installation

hardware.

U.S. Secret Service

Salaries and Expenses

$36,714,000

11/30/01

Includes resources for increased overtime and travel for

Secret Service officers and agents.

Internal Revenue Service68

68

IRS document provided to CRS by IRS Office of Legislative Affairs, Oct. 4, 2001, details the purpose of the funds.

CRS-45

Emergency Response Fund Allocations

Account

Allocation

Date

Purpose

$175,000,000

11/05/01

These resources include: $100 million for an initial purchase

of irradiation equipment to sanitize the mail; and $75 million

for the costs of personnel protection equipment (e.g., gloves,

masks, barrier creams), first response/environment testing

kits and services, site clean-up and medical goods and

services, and public education materials.

$500,000

9/21/01

Install protective window film for Executive Office of the

President

$6,688,000

9/28/01

Relocation of Eisenhower Executive Office Building

personnel and other security needs

$25,537,000

10/5/01

To support the establishment of the Office of Homeland

Security and for other security-related purposes. According

to staff at the Office of Management and Budget, $25 million

will go to the Office of Homeland Security and $537,000

will go to the Office of the U.S. Trade Representative.

U.S. Postal Service

Payment to the Postal Service Fund

Executive Office of the President

Office of Administration

Salaries and Expenses

CRS-46

Emergency Response Fund Allocations

Account

Allocation

Date

Purpose

$2,300,000

9/28/01

For use of New York High Intensity Drug Trafficking Areas

task forces to replace destroyed equipment in order to

ensure continued operations.

Salaries and Expenses

$4,800,000

10/5/01

To support the establishment of a NSC Directorate to

Combat Terrorism.

Unanticipated Needs, President

$51,000,000

10/5/01

No explanation except to provide for “other urgent securityrelated activities.”

$8,600,000

9/21/01

Support increased security coverage of federal buildings;

purchase security equipment; structural studies of seven

federal locations affected by the New York City disaster;

overtime and travel costs for law enforcement personnel; and

other security costs.

Federal Drug Control Programs

High Intensity Drug Trafficking Areas

National Security Council (NSC)

General Services Administration

Real Property Activities

Federal Buildings Fund

Total Allocations to Treasury and

General Government Accounts,

as of January 3, 2002

$370,916,000

CRS-47

Table 4. Emergency Supplemental Allocation Request and Enactment

69

Emergency Supplemental Allocation Request and Enactment

Account

Amount

Request

Purpose

Enacted

Department of the Treasury

Departmental Offices

Salaries and Expenses

$9,400,000

$0

To cover administrative expenses related to the Air Transportation

Stabilization Board. The Departmental Offices bureau is responsible for

providing staff, supplies, facilities, and equipment for the Board to

administer the guaranteed loan program for the airline industry

Inspector General for Tax

Administration

$2,032,000

$2,032,000

To enable the Treasury IG for Tax Administration to replace equipment

and offices destroyed by the terrorist attack in New York.

Financial Crimes Enforcement

Network

$1,700,000

$1,700,000

To hire additional financial intelligence support staff and expand its

Secure Compartmentalized Intelligence Facility in response to the

September 11th terrorist attacks. The additional staff will assist the

financial crimes/money laundering component of the investigation into

the World Trade Center and Pentagon attacks.

CRS-48

Emergency Supplemental Allocation Request and Enactment

Account

Amount

Purpose

Request

Enacted

Federal Law Enforcement Training

Center

Salaries and Expenses

$13,846,000

$23,000,000

To enable FLETC to provide basic and advanced training to the law

enforcement community in response to the terrorist attacks. FLETC

anticipates training additional Federal Aviation Administration Sky

Marshals, Immigration and Naturalization Service agents, Border Patrol

inspectors, and other law enforcement personnel.

The conference report stipulates that $9,154,000 is provided for training

costs associated with new hiring by law enforcement agencies.

Federal Law Enforcement Training

Center

Acquisition, Construction

Improvement and Related

Expenses

$0

$8,500,000

Expedite acquisition of architectural and engineering services for the

construction of facilities at Cheltenham, Maryland, training facility.

Financial Management Service

$600,000

$0

Bureau of Alcohol, Tobacco and

Firearms

$31,431,000

$31,431,000

To enable FMS to conduct vulnerability assessments, develop and

maintain Emergency Management, Disaster recovery and Contingency

Plans, and conduct security tests and exercises at all FMS facilities.

For overtime and travel for ATF agents; the replacement of vehicles,

radios, computers, technical equipment and other investigative equipment

lost at World Trade Center offices; additional personnel for terrorism

investigations; and enhancement of ATF’s explosives detection canine

program.

Enacted designates $5,200,000 which may be used for necessary

expenses of site acquisition, construction, operations, maintenance and

repair of the special purpose canine training facilities in Front Royal,

Virginia.

CRS-49

Emergency Supplemental Allocation Request and Enactment

Account

Amount

Purpose

Request

Enacted

U. S. Customs Service

Salaries and Expenses

$107,500,00

0

$392,603,000

To improve and expand airport and aviation security as well as increase

efforts of inspectors at high-risk seaports and land borders. Funding is

also included for the cost of equipment replacement that was destroyed in

the attack.

Availability of $245,505,000 is pending submission of a financial plan

“based upon a comprehensive assessment of the most effective uses of

the Service’s resources...for protection along the Northern Border ,

Southwest Border, and at critical seaports.” Not less than $10,000,000

is designated for the Southwest Border; $18,300,000 for a commercial

backup data facility; and $21,300,000 to support overseas initiatives to

counter money laundering such as that used to finance terrorist or

criminal activity.

U.S. Customs Service

Operation, Maintenance and

Procurement, Air and Marine

Interdiction Programs

$6,700,000

$6,700,000

To support increased air security necessary since September 11, 2001.

Internal Revenue Service

Processing, Assistance, and

Management

$16,658,000

$12,990,000

To enable IRS to replace equipment and offices destroyed in New York

City. It will also fund customer service to help taxpayers impacted by the

attack, and enhance security at critical IRS facilities.

Internal Revenue Service

Tax Law Enforcement

$4,544,000

$4,544,000

To enable IRS to replace equipment and offices destroyed and to increase

its participation in investigative activities to combat terrorism

Internal Revenue Service

Information Systems

$15,991,000

$15,991,000

To enable IRS to replace equipment destroyed and to ensure the

continued protection of the nation’s taxpayer data.

CRS-50

Emergency Supplemental Allocation Request and Enactment

Account

U.S. Secret Service

Amount

Purpose

Request

Enacted

$104,769,00

0

$104,769,000

For overtime and travel for Secret Service agents; the replacement of

vehicles, radios, computers, technical equipment, and protective

equipment lost at World Trade Center offices; additional personnel;

technical equipment and training for terrorism detection, investigations,

and preparedness; and additional security measures for the White House.

$0

$500,000,000

To enable the Postal Service to protected postal employees and postal

customers from exposure to biohazardous materials, to sanitize and

screen the mail, and to replace or repair Postal Service facilities

destroyed or damaged in New York City as a result of the September

11,2001 terrorist attacks. No funds may be used to sanitize mail until

USPS submits to Congress an emergency preparedness plan to combat

the threat of biological and chemical substances in the mail.

$50,040,000

$50,040,000

To enable the Executive Office of the President to meet additional

requirements in response to the September 11 terrorists attacks and to

ensure the continuity of support and services to the President and Vice

President of the United States.

Note: The text of H. Rept. 107-350 in the Congressional Record shows

$126,512,000 being appropriated. However, the explanatory remarks

show $50,040,000. Since $126,512,000 is the amount for the next

account, it is assumed that was a typographical error.

U.S. Postal Service

Payment to the Postal Service Fund

Executive Office of the President

Office of Administration

Salaries and Expenses

CRS-51

Emergency Supplemental Allocation Request and Enactment

Account

Amount

Purpose

Request

Enacted

$200,500,00

0

$126,512,000

General Services Administration

Real Property Activities

Federal Building Fund

To increase security services nationwide at federal buildings, for

replacement space costs in New York City, for additional security

equipment nationwide, and other security costs.

National Archives and Records Administration

Operating Expenses

$4,818,000

$1,600,000

For additional guard services at NARA-owned facilities.

Repairs and Restoration

$2,180,000

$1,000,000

For building security upgrades at NARA-owned facilities, including

entrance barriers, magnetometers, and security cameras.

Total for accounts covered under

P.L. 107-67

$572,709,00

0

$1,283,412,00

0

Table 4 Sources:

Request: U.S. Office of Management and Budget, Estimate #19--Emergency Supplemental (Emergency Supplemental Appropriations Act for Recovery

from and Response to Terrorist Attacks on the United States, FY 2001)--10/17/01. [http://w3.access.gpo.gov/usbudget/fy2002/amndsup.html], visited

Jan. 2, 2002.

Enacted: “Conference Report on H.R. 3338, Department of Defense Appropriations Act, 2002,” Congressional Record, daily edition, vol. 147, Dec. 19,

2001, H. Rept. 107-350. See “Division B—Transfers from the Emergency Response Fund Pursuant to Public Law 107-38" pp H10503, at H1053010532 (for provisions) and H10816-H10817 (for explanatory language). As of Jan. 2, 2002, the legislation was pending presidential approval.

CRS-52

Federal Personnel Issues

Pay

General. Under the Federal Pay Comparability Act of 1990 (FEPCA), federal

white collar employees, paid under the General Schedule and related salary systems,

are to receive annual adjustments based on two separate mechanisms. The first is the

adjustment to base pay which is based on changes in private sector salaries as

reflected in the Employment Cost Index (ECI). The rate of pay adjustment is

supposed to be the percentage rate of change in that element of the ECI, minus .5.

For January 2002, the base pay adjustment is 3.6%.

The President’s budget proposes a federal civilian pay increase of 3.6% in

January 2002.70 However, the proposal does not indicate how the pay increase would

be split between basic pay and locality-based payments for the General Schedule and

related pay systems. The FY2002 budget resolution (H.Con.Res. 83) as agreed to in

the House March 28, 2001 and in the Senate April 6, 2001, expresses the sense of the

Congress that there should be parity between military and civilian pay adjustments.

President Bush recommended a 4.6% increase in military pay. The President did not

submit an alternative plan by the end of August, which would indicate that the

national General Schedule pay adjustment will be at the mandated ECI level of 3.6%.

The deadline for an alternative plan related to locality based payments was the end of

November.

P.L. 107-67 provides for a General Schedule increase of 4.6%. On July 17, the

House Committee adopted an amendment which would bring the FY2002 civilian pay

raise to $4.6%. On July 25, the House, in adopting the rule (H.Res. 206) and

subsequently passing H.R. 2590, provided $27.9 million for partial costs associated

with the 4.6% increase. S. 1398, as introduced, would fund the pay increase at 4.6%.

(See also, CRS Report RL30744, Federal Pay: FY2002 Salary Adjustment, and CRS

Report 94-971, Pay and Retirement Benefits for Federal Employees: Increases Since

1969).

Executive Order 13249, signed December 28, 2001, sets out the pay schedules.

It establishes an average 4.6% pay increase for the General Schedule. All employees

receive the 3.6% base pay adjustment. The locality-based comparability payments

bring the net increases up by about 1% on average. The net adjustments range from

4.52% to 5.42%, with the Washington, D. C. area General Schedule employees

receiving a 4.77% increase.

Federal Wage System. The Federal Wage System (FWS) is designed to

compensate the federal blue collar, or skilled labor, force at rates prevailing in local

wage areas for like occupations. If the statutory system were allowed to be managed

as planned, the wage rates and the rates of adjustment in the over 130 wage areas

would vary, according to the labor costs and compensation in the private sector. For

the last several years, Congress has limited the rates of adjustment, based on the rates

70

FY2002 Budget, Analytical Perspectives, p. 139.

CRS-53

of adjustment for the General Schedule.71 Part of the rationale for that decision is

that, in certain high costs areas, some FWS wages would exceed the salaries paid to

General Schedule supervisors. Wages in lower cost areas will be allowed to increase

according to the findings of the wage surveys but the high cost area wages will be

capped.

The House committee, expressing

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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