B-308773, United States Capitol Police--Current Rate for Operations Under the 2007 Continuing Resolution, January 11, 2007

B-308773 Jan 11, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights When calculating the current rate for operations under the 2007 Continuing Resolution for its General Expenses appropriation, the United States Capitol Police should include $4,513,671 reprogrammed within its General Expenses appropriation in fiscal year 2006. It should not include $5,486,329 transferred into its General Expenses appropriation from its Salaries appropriation in fiscal year 2006, nor should it include any unobligated no-year and multi-year balances held in the General Expenses appropriation at the end of fiscal year 2006. View Decision B-308773, United States Capitol Police--Current Rate for Operations Under the 2007 Continuing Resolution, January 11, 2007 Decision Matter of: United States Capitol Police—Current Rate for Operations Under the 2007 Continuing Resolution File: B-308773 Date: January 11, 2007 DIGEST When calculating the current rate for operations under the 2007 Continuing Resolution for its General Expenses appropriation, the United States Capitol Police should include $4,513,671 reprogrammed within its General Expenses appropriation in fiscal year 2006. It should not include $5,486,329 transferred into its General Expenses appropriation from its Salaries appropriation in fiscal year 2006, nor should it include any unobligated no-year and multi-year balances held in the General Expenses appropriation at the end of fiscal year 2006. DECISION The General Counsel of the United States Capitol Police (USCP) has requested a decision regarding the amount appropriated to USCP under the Continuing Appropriations Resolution (CR), 2007, Pub. L. No. 109-289, div. B, 120 Stat. 1257, 1311 (Sept. 29, 2006). Letter from John T. Caulfield, General Counsel, USCP, to Gary L. Kepplinger, General Counsel, GAO, Dec. 19, 2006. Specifically, he asks whether $10 million of unobligated no-year and multi-year balances that USCP made available for fiscal year 2006 operational needs is part of USCP's fiscal year 2006 –General Expenses— appropriation for purposes of calculating the current rate under the CR. USCP made these amounts available for fiscal year 2006 operational needs via a combination of reprogrammings within its General Expenses appropriation and a transfer from its –Salaries— appropriation to its General Expenses appropriation. The question arises because of the formula contained in the CR for determining the amount of funds available during the pendency of the CR. For the reasons discussed below, we conclude that no-year and multi-year funds reprogrammed within the General Expenses appropriation are part of USCP's fiscal year 2006 General Expenses appropriation for purposes of calculating the current rate. On the other hand, the no-year funds that USCP transferred from its Salaries appropriation to its General Expenses appropriation are not. The amount transferred should be used in calculating the current rate under the CR for USCP's Salaries appropriation. BACKGROUND All federal agencies are currently operating under a continuing resolution with the exception of the Departments of Defense and Homeland Security. The CR was enacted on September 29, 2006, and funded the agencies, including USCP, through November 17, 2006. Pub. L. No. 109-289, div. B, sect. 106. Congress has twice extended this CR's duration. The first extension came on November 17, 2006, making the CR effective until December 8, 2006. Pub. L. No. 109-369, 120 Stat. 2642 (Nov. 17, 2006). Congress further extended the CR, with various modifications not relevant here, until February 15, 2007. Pub. L. No. 109-383, sect. 1, 120 Stat. 2678 (Dec. 9, 2006). USCP is thus funded until February 15, 2007, under the continuing resolution first enacted on September 29, 2006. USCP has two appropriations relevant to this decision: the General Expenses appropriation and the Salaries appropriation. Congress provided $32 million in fiscal year funds for USCP's General Expenses appropriation in fiscal year 2006. Legislative Branch Appropriations Act, 2006, Pub. L. No. 109-55, title I, 119 Stat. 565, 572 (Aug. 2, 2005). A subsequent rescission reduced this amount to $31.6 million. See Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006, Pub. L. No. 109-148, div. B, title III, ch. 8, sect. 3801, 119 Stat. 2745, 2791 (Dec. 30, 2005). The conference report accompanying the Legislative Branch Appropriations Act, 2006, stated that, in addition to the $32 million, –$10,000,000 from prior year unobligated balances [was] available upon the approval of the— congressional appropriations committees. H.R. Rep. No. 109-189, at 32-33 (2005). On September 29, 2005, USCP submitted its operating plan for fiscal year 2006 to the congressional appropriations committees. Letter from Anthony J.