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APPENDIX B

FUNDING OF THE UNITED STATES CAPITOL POLICE

Expenses of maintaining the Capitol Police Force are appropriated in several different accounts:

SALARIES

Compensation of police employees who are assigned to the Senate are paid under the Senate account, "Salaries, officers and employees, office of the Sergeant at Arms and Doorkeeper," including overtime. Those police employees assigned to the House of Representatives are paid under the House Account, "Salaries, officers and employees, office of the Sergeant at Arms," including overtime.

GENERAL EXPENSES

General operating expenses of the Capitol Police are financed through a separate joint item appropriation. These expenses include office supplies and equipment; laundry and dry cleaning; purchasing uniforms; purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including advance payment for travel for training or other purposes; expenses associated with the relocation of instructor personnel to and from the Federal Law Enforcement Training Center as approved by the Chairman of the Capitol Police Board, and including $40 per month (at the present time) for extra services performed for the Capitol Police Board by such member of the staff of the Sergeant at Arms of the Senate or the House as may be designated by the Chairman of the Board. The general operating expenses are disbursed by the Clerk of the House.

CAPITOL POLICE BOARD

The account, "Capitol Police Board" is used to reimburse the Government of the District of Columbia for 4 (at the present time) police officers who are detailed from the Metropolitan Police Department to the Capitol Police. As a result of P.L. 96-152 (see 93 Stat. 1099, 1100), which provides an option to the detailees to retire, return to the D.C. Police Force, or transfer to the Capitol Police, this program is being phased out.1

U.S. Congress. Senate. Legislative Branch Appropriations, 1984. 98th Cong. 1st Sess. Rep. No. 98-161, June 22, 1983 (To accompany H.R. 3135), p. 24.

APPENDIX C

CONTINGENT FUND

Under the rules of the House, the Committee on House Administration has jurisdiction over "Appropriations from the contingent fund." All of the components of the various appropriations recommended in a bill under the heading "Contingent expenses of the House" have been approved by that Committee and the House itself through the adoption of House resolutions. These House resolutions normally provide for immediate disbursement of funds from the contingent fund prior to the appropriation of moneys through the normal appropriation process. For example, Section 3 of H. Res. 244 regarding the establishment of 3 additional positions for the Capitol Police for duty under the House of Representatives, reads:

Until otherwise provided by law, there shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this resolution.

It should be noted that there is no "Contingent fund of the House" per se. The expenditures of funds from the contingent fund as authorized by House resolutions adopted by the House are made from the appropriated items listed. If sufficient funds are not available in the account, supplemental appropriations are requested to replenish the account which has been exhausted by unforeseen authorizations not contemplated when the budget was originally formulated.1

For Selected References in the United States Code to Uses of the Contingent Fund of the House of Representatives, which pertain to the Capitol Police; and the Jurisdiction of the Committee on House Administration Over the Contingent Fund of the House of Representatives, the following citations are provided: 2

40 U.S.C. 206a-6 [Supp. IV] (expenses of pay, including overtime and the costs of uniforms and equipment, for permanent positions on the Capitol Police Force for duty under the House of Representatives payable from the contingent fund of the House).

40 U.S.C. 206a-6 [Supp. IV] (expenses of pay and other costs for additional positions on the Capitol Police Force for duty under the House of Representatives payable from the contingent fund of the House).

40 Stat. 206d [1976 ed.] (expenses for payment of emergency overtime compensation for Capitol Police with funds disbursed by the Clerk payable from the contingent fund of the House).

40 U.S.C. 210 [Supp. IV] (purchase of belts and arms for the Capitol Police payable from the contingent fund of the House).

1U.S. Congress. House. Legislative Branch Appropriation Bill, 1984. 98th Cong. 1 Sess. Rep. No. 98-227, May 25, 1983 (To accompany H.R. 3135), p. 12.

2 Citations appear in the 1976 edition of the United States Code and Supplement IV to the 1976 edition.

Jurisdiction of the Committee on House Administration Over the Contingent Fund of the House of Representatives

Pursuant to House Rule X, cl. 1(k)(6), the Committee on House Administration has jurisdiction over "expenditure of contingent fund of the House." Rule X, cl. 1(k)(2) states that the Committee also has jurisdiction over "auditing and settling of all accounts which may be charged to the contingent fund."

The most important provision of law in an examination of the Committee on House Administration's jurisdiction over the contingent fund is 2 U.S.C. 95, which provides:

"No payment shall be made from the contingent fund of the House of Representatives unless sanctioned by the Committee on House Administration of the House of Representatives. Payments made upon vouchers approved by said Committee shall be deemed, held, and taken, and are declared to be conclusive upon all the departments and officers of the Government: Provided, That no payment shall be made from said contingent fund as additional salary or compensation to any officer or employee of the House of Representatives."

Under 2 U.S.C. 95, no money may be paid from the contingent fund unless approval of the House Administration Committee is obtained.

A second important provision of law pertains to limitations on the use of the contingent fund in 31 U.S.C. 671, as follows:

Appropriations made for the contingent expenses of the House or the Senate shall not be used for the payment of personal services except upon the express and specific authorization of the House or Senate in whose behalf such services are rendered. Nor shall such appropriations be used for any expenses not intimately and directly connected with the routine legislative business of either House of Congress, and the accounting officers of the Treasury shall apply the provisions of this section in the settlement of the accounts of expenditures from said appropriations incurred for services or materials. 3

It should be noted that the contingent fund of the Senate differs from the first paragraph above, only to the extent that payment from the contingent fund of the Senate must be sanctioned by the Committee on Rules and Administration, and that no money may be paid from the contingent fund of the Senate unless approval of the Committee on Rules and Administration is obtained.4

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3 U.S. Congress. House. Committee on Appropriations, Legislative Branch Appropriations, for 1984. Hearings, 98th Cong. 1st Sess. Pt. 2. Washington, U.S. Govt. Print. Off., 1983, p. 80, 84, 86.

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