Overview of FY2021 Appropriations for July 23, 2020 Commerce, Justice, Science, and Related Nathan James Agencies (CJS) Analyst in Crime Policy This report describes actions taken to provide FY2021 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts. The annual CJS appropriations act provides funding for the Department of Commerce, which includes bureaus and offices such as the Census Bureau, the U.S. Patent and Trademark Office, the National Oceanic and Atmospheric Administration, and the National Institute of Standards and Technology; the Department of Justice (DOJ), which includes agencies such as the Federal Bureau of Investigation, the Bureau of Prisons, the U.S. Marshals, the Drug Enforcement Administration, and the U.S. Attorneys; the National Aeronautics and Space Administration (NASA); the National Science Foundation (NSF); and several related agencies such as the Legal Services Corporation (LSC) and the Equal Employment Opportunity Commission.

The Administration requests $74.849801 billion for CJS for FY2021, which is $4.910 958 billion (-6.2%) less than the $79.759 billion appropriated for CJS for FY2020. The Administration'’s request includes $8.318 billion for the Department of Commerce, $32.964 916 billion for the Department of Justice, $32.994 billion for specified science agencies, and $574 million for the related agencies. The Administration'’s FY2021 budget proposes reduced funding for the Department of Commerce, NSF, and most of the related agencies, and increased funding for DOJ and NASA. The proposed reduction in overall funding for CJS is partially the result of a proposed $5.886 billion (-77.9%) decrease in funding for the Census Bureau, which, in keeping with past precedent, receives less funding in the fiscal year after conducting the decennial census. The FY2021 budget request for CJS also includes reductions to several other CJS accounts along with proposals to eliminate several CJS agencies and programs, including the Economic Development Administration (EDA), the Community Oriented Policing Services (COPS) Office, NASA'’s STEM Engagement Office (formerly the Office of Education), and the LSC.

T The bill (H.R. 7667) reported by the House Committee on Appropriations would provide $75.380 billion for CJS for FY2021. This amount is $4.379 billion (-5.5%) less than the $79.759 billion appropriated for FY2020, and $579 million (+0.8%) more than the Administration’s request. The bill would provide $9.543 billion for the Department of Commerce, $33.580 billion for the Department of Justice, $31.185 billion for specified science agencies, and $1.072 billion for the related agencies. The proposed decrease in funding relative to the FY2020 appropriation is the result of decreased funding for the Census Bureau, which typically occurs in the fiscal year after the Census Bureau completes the decennial Census. The House Committee on Appropriations also did not adopt many of the Administration’s proposals, such as eliminating the EDA, COPS Office, NASA’s STEM Engagement Office, and LSC. The Senate Committee on Appropriations has yet to mark up and report an FY2021 CJS appropriations bill. Congressional Research Service link to page 4 link to page 4 link to page 5 link to page 6 link to page 7 link to page 7 link to page 7 link to page 7 link to page 8 link to page 8 link to page 11 link to page 18 link to page 19 link to page 20 link to page 21 link to page 12 link to page 12 link to page 18 link to page 23 link to page 28 Overview of FY2021 Appropriations for CJS Contents Overview of CJS............................................................................................................. 1 Department of Commerce ........................................................................................... 1 Department of Justice................................................................................................. 2 Science Offices and Agencies ...................................................................................... 3 Office of Science and Technology Policy ................................................................. 4 The National Space Council ................................................................................... 4 National Science Foundation.................................................................................. 4 National Aeronautics and Space Administration ........................................................ 4 Related Agencies ....................................................................................................... 5 The Administration’s FY2021 Budget Request .................................................................... 5 House Committee-Reported Bill (H.R. 7667) ...................................................................... 8 FY2020 Supplemental Funding for CJS ............................................................................ 15 Historical Funding for CJS ............................................................................................. 16 Figures Figure 1. Nominal and Inflation-Adjusted Funding for CJS; FY2010-FY2020 ........................ 17 Figure 2. Nominal Total CJS Funding, by Major Component; FY2010-FY2020...................... 18 Tables Table 1. Funding for Commerce, Justice, Science, and Related Agencies (CJS), FY2020, FY2021 Request, and House Committee-Reported ............................................................ 9 Table 2. FY2020 CJS Supplemental Funding..................................................................... 15 Table 3. Nominal Funding for CJS Agencies, by Account; FY2010-FY2020 .......................... 20 Contacts Author Information ....................................................................................................... 25 Congressional Research Service Overview of FY2021 Appropriations for CJS his report describes actions taken to provide FY2021 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts.

This report also provides T information on FY2020 supplemental appropriations for CJS. The dollar amounts in this report reflect only new appropriations made available at the start of the fiscal year. Therefore, the amounts do not include any rescissions of unobligated or deobligated balances that may be counted as offsets to newly enacted appropriations, nor do they include any scorekeeping adjustments (e.g., the budgetary effects of provisions limiting the availability of the balance in the Crime Victims Fund). In the text of thethis report, appropriations are rounded to the nearest million. mil ion. However, percentage changes are calculated using whole, not rounded, numbers, meaning that in some instances there may be small smal differences between the actual percentage change and the percentage change that would be calculated by using the rounded amounts discussed in the report.

Overview of CJS

The annual CJS appropriations act provides funding for the DepartmentsDepartment of Commerce and Justice, the Department of Justice (DOJ), select science agencies, and several related agencies. Appropriations for the Department of Commerce include funding for bureaus and offices such as the Census Bureau, the U.S. Patent and Trademark Office, the National Oceanic and Atmospheric Administration, and the National Institute of Standards and Technology. Appropriations for the Department of Justice (DOJ) provide funding for agencies such as the Federal Bureau of Investigation; the Bureau of Prisons; the U.S. Marshals; the Drug Enforcement Administration; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, along with funding for a variety of public safety-related grant programs for state, local, and tribal governments. The vast majority of funding for the science agencies goes to the National Aeronautics and Space Administration and the National Science Foundation.¹1 The annual appropriation for the related agencies includes funding for agencies such as the Legal Services Corporation and the Equal Employment Opportunity Commission.

Department of Commerce

The mission of the Department of Commerce is to "“create the conditions for economic growth and opportunity."²”2 The department promotes "“job creation and economic growth by ensuring fair and reciprocal trade, providing the data necessary to support commerce and constitutional democracy, and fostering innovation by setting standards and conducting foundational research and development."³”3 It has wide-ranging responsibilities including trade, economic development, technology, entrepreneurship and business development, monitoring the environment, forecasting weather, managing marine resources, and statistical research and analysis. The department pursues and implements policies that affect trade and economic development by working to open new markets for U.S. goods and services and promoting pro-growth business policies. It also invests in research and development to foster innovation.

1 Note that the science agencies funded in the CJS bill are not the only federal science agencies. 2 U.S. Department of Commerce, “About Commerce: Mission,” https://www.commerce.gov/page/about-commerce#mission, (hereinafter, Department of Commerce, “ About Commerce: Mission”) . 3 Department of Commerce, “About Commerce: Mission.” Congressional Research Service 1 Overview of FY2021 Appropriations for CJS The agencies within the Department of Commerce, and their responsibilities, include the following:

• following:  International Trade Administration (ITA) seeks to strengthen the international competitiveness of U.S. industry, promote trade and investment, and ensure fair trade and compliance with trade laws and agreements;
•  Bureau of Industry and Security (BIS) works to ensure an effective export control and treaty compliance system and promote continued U.S. leadership in strategic technologies by maintaining and strengthening adaptable, efficient, and effective export controls and treaty compliance systems, along with active leadership and involvement in international export control regimes;
•  Economic Development Administration (EDA) promotes innovation and competitiveness, preparing American regions for growth and success in the worldwide economy;
•  Minority Business Development Agency (MBDA) promotes the growth of minority owned businesses through the mobilization and advancement of public and private sector programs, policy, and research;
•  Bureau of Economic Analysis (BEA) is a federal statistical agency that promotes a better understanding of the U.S. economy by providing timely, relevant, and accurate economic accounts data in an objective and cost-effective manner;
•  Census Bureau is a federal statistical agency that measurescollects data and disseminates information about the U.S. economy, society, and institutions, which fosters economic growth, advances scientific understanding, and facilitates informed decisions;
•  National Telecommunications and Information Administration (NTIA) advises the President on communications and information policy;
•  United States Patent and Trademark Office (USPTO) fosters innovation, competitiveness, and economic growth domesticallydomestical y and abroad by providing high-quality and timely examination of patent and trademark applications, guiding domestic and international intellectualintel ectual property (IP) policy, and delivering IP information and education worldwide;
•  National Institute of Standards and Technology (NIST) promotes U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology in ways that enhance economic security and improve quality of lifelife; and  ; and
• National Oceanic and Atmospheric Administration (NOAA) provides daily weather forecasts, severe storm warnings, climate monitoring, fisheries management, coastal restoration, and support of marine commerce.

Department of Justice

DOJ'’s mission is to "“enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans."⁴ DOJ also al Americans.”4 DOJ also 4 U.S. Department of Justice, “ About DOJ,” http://www.justice.gov/about/about.html. Congressional Research Service 2 Overview of FY2021 Appropriations for CJS provides legal advice and opinions, upon request, to the President and executive branch department heads.

The major DOJ offices and agencies, and their functions, are described below:

•  Office of the United States Attorneys prosecutes violations of federal criminal laws, represents the federal government in civil actions, and initiates proceedings for the collection of fines, penalties, and forfeitures owed to the United States;
•  United States Marshals Service (USMS) provides security for the federal judiciary, protects witnesses, executes warrants and court orders, manages seized assets, detains and transports allegedal eged and convicted offenders, and apprehends fugitives;
•  Federal Bureau of Investigation (FBI) investigates violations of federal criminal law; helps protect the United States against terrorism and hostile intelligence intel igence efforts; provides assistance to other federal, state, and local law enforcement agencies; and shares jurisdiction with the Drug Enforcement Administration for the investigation of federal drug violations;
•  Drug Enforcement Administration (DEA) investigates federal drug law violations; coordinates its efforts with other federal, state, and local law enforcement agencies; develops and maintains drug intelligenceintel igence systems; regulates the manufacture, distribution, and dispensing of legitimate controlled substances; and conducts joint intelligenceintel igence-gathering activities with foreign governments;
•  Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) enforces federal law related to the manufacture, importation, and distribution of alcohol, tobacco, firearms, and explosives;
•  Federal Prison System (Bureau of Prisons; BOP) houses offenders sentenced to a term of incarceration for a federal crime and provides for the operation and maintenance of the federal prison system;
•  Office on Violence Against Women (OVW) provides federal leadership in developing the nation'’s capacity to reduce violence against women and administer justice for and strengthen services to victims of domestic violence, dating violence, sexual assault, and stalking;
•  Office of Justice Programs (OJP) manages and coordinates the activities of the Bureau of Justice Assistance; Bureau of Justice Statistics; National Institute of Justice; Office of Juvenile Justice and Delinquency Prevention; Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking; and Office of Victims of Crime; and
•  Community Oriented Policing Services (COPS) advances the practice of community policing by the nation'’s state, local, territorial, and tribal law enforcement agencies through information and grant resources.

Science Offices and Agencies

The science offices and agencies support research and development and related activities across a wide variety of federal missions, including national competitiveness, space exploration, and fundamental discovery.

Congressional Research Service 3 Overview of FY2021 Appropriations for CJS Office of Science and Technology Policy

The primary function of the Office of Science and Technology Policy (OSTP) is to provide the President and others within the Executive Office of the President with advice on the scientific, engineering, and technological aspects of issues that require the attention of the federal government.⁵5 The OSTP director also manages the National Science and Technology Council,⁶ 6 which coordinates science and technology policy across the executive branch of the federal government, and cochairs the President'’s Council of Advisors on Science and Technology,⁷7 a council of external advisors that provides advice to the President on matters related to science and technology policy.

The National Space Council

The National Space Council, in the Executive Office of the President, is a coordinating body for U.S. space policy. Chaired by the Vice President, it consists of the Secretaries of State, Defense, Commerce, Transportation, and Homeland Security; the Administrator of NASA; and other senior officials. The council was first established in 1988 through P.L. 100-685.⁸.8 The council ceased operations in 1993, and was reestablished by the Trump Administration in June 2017.⁹

9 National Science Foundation

The National Science Foundation (NSF) supports basic research and education in the nonmedical sciences and engineering. The foundation was established as an independent federal agency "“to promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense; and for other purposes."¹⁰”10 The NSF is a primary source of federal support for U.S. university research in the nonmedical sciences and engineering. It is also responsible for significant shares of the federal science, technology, engineering, and mathematics (STEM) education program portfolio and federal STEM student aid and support.

National Aeronautics and Space Administration

The National Aeronautics and Space Administration (NASA) was created to conduct civilian space and aeronautics activities.¹¹11 It has four mission directorates. The Human Exploration and Operations Mission Directorate is responsible for human spaceflight activities, including the International Space Station and development efforts for future crewed spacecraft. The Science Mission Directorate manages robotic science missions, such as the Hubble Space Telescope, the Mars rover Curiosity, and satellitessatel ites for Earth science research. The Space Technology Mission Directorate develops new technologies for use in future space missions, such as advanced propulsion and laser communications. The Aeronautics Research Mission Directorate conducts 5 National Science and T echnology Policy, Organization, and Priorities Act of 1976 ( P.L. 94-282). 6 Executive Order 12881, issued November 23, 1993, established the National Science and T echnology Council. 7 Executive Order 13539, issued October 22, 2019, established the President’s Council of Advisors on Science and T echnology. 8 T itle V of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (P.L. 100-685), which was signed into law by President George H.W. Bush on November 17, 1988, established the National Space Council in the Executive Office of the President, effective February 1, 1989. President Bush established the council, its members, and its functions through Executive Order 12675, issued on April 20, 1989. 9 Executive Order 13803, issued June 30, 2017. 10 T he National Science Foundation Act of 1950 (P.L. 81 -507). 11 National Aeronautics and Space Act of 1958 (P.L. 85-568). Congressional Research Service 4 link to page 12 link to page 18 Overview of FY2021 Appropriations for CJS propulsion and laser communications. The Aeronautics Research Mission Directorate conducts research and development on aircraft and aviation systems. In addition, NASA'’s Office of STEM Engagement (formerly the Office of Education) manages education programs for schoolchildren, college and university students, and the general public.

Related Agencies

The annual CJS appropriations act includes funding for several related agencies:

•  U.S. Commission on Civil Rights informs the development of national civil rights policy and enhances enforcement of federal civil rights laws;
•  Equal Employment Opportunity Commission is responsible for enforcing federal laws that make it illegal il egal to discriminate against a job applicant or an employee because of the person'’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information;
•  International Trade Commission investigates the effects of dumped and subsidized imports on domestic industries and conducts global safeguard investigations, adjudicates cases involving imports that allegedly infringe intellectual al egedly infringe intel ectual property rights, and serves as a resource for trade data and other trade policy-related information;
•  Legal Services Corporation (LSC) is a federallyfederal y funded nonprofit corporation that provides financial support for civil legal aid to low-income Americans;
•  Marine Mammal Commission works for the conservation of marine mammals by providing science-based oversight of domestic and international policies and actions of federal agencies with a mandate to address human effects on marine mammals and their ecosystems;
•  Office of the U.S. Trade Representative is responsible for developing and coordinating U.S. international trade, commodity, and direct investment policy, and overseeing negotiations with other countries; and
•  State Justice Institute is a federallyfederal y funded nonprofit corporation that awards grants to improve the quality of justice in state courts and foster innovative, efficient solutions to common issues faced by all courts.

al courts. The Administration'’s FY2021 Budget Request

The Administration'’s FY2021 budget request for CJS is $74.849 billion801 bil ion, which is $4.910 billion 958 bil ion (-6.2%) less than the $79.759 billion appropriatedbil ion regular appropriation for CJS for FY2020 (seesee Table 1). Congress also provided $3.185 bil ion in emergency supplemental funding for CJS accounts for FY2020 (see Table 2). Table 1). The Administration'’s FY2021 request includes the following:

• $8.318 billion  $8.318 bil ion for the Department of Commerce, which is $6.903 billionbil ion (- (-45.4%) less than the $15.221 billionbil ion provided for FY2020;
• $32.964 billion  $32.916 bil ion for the Department of Justice, which is $358 million (1.1310 mil ion (1.0%) more than the $32.605 billion bil ion provided for FY2020;
•  $32.994 billionbil ion for the science agencies, which is $2.080 billionbil ion (6.7%) more than the $30.915 billion bil ion provided for FY2020; and
• $574 million  $574 mil ion for the related agencies, which is $445 millionmil ion (-43.7%) less than the $1.019 billion bil ion provided for FY2020. Congressional Research Service 5 link to page 19 Overview of FY2021 Appropriations for CJS provided for FY2020.

The decrease in funding for the Department of Commerce is largely the result of a proposed $5.886 billion bil ion (-77.9%) decrease in funding for the Census Bureau. For the past several fiscal years, Congress has increased funding for the Census Bureau to help build capacity for conducting the decennial 2020 Census. In keeping with past precedent, funding for the Census Bureau peaks in the year in which the decennial census is conducted and it decreases sharply in the following year (see the discussion on historical funding for CJS, below“Historical Funding for CJS” for a discussion of this trend). However, the ). However, the proposed reduction in funding for the Department of Commerce is not only the result of reduced funding for the Census Bureau. The Administration also proposes shuttering the EDA (though the Administration requests some funding to help provide for an orderly closeout of the EDA's ’s operations) and eliminating NIST' NIST’s Manufacturing Extension Partnership (MEP) and NOAA's ’s Pacific Coastal Salmon Recovery Fund. In addition, the Administration proposes reducing funding for several other Department of Commerce accounts, including the following:

•  the International Trade Administration (-$36 millionmil ion, -7.0%);
• NIST'  NIST’s Scientific and Technical Research and Services account (-$102 millionmil ion, - , -13.5%);
• NIST'13.5%);  NIST’s Industrial Technology Services account (-$137 millionmil ion, -84.4%);
• NOAA'  NOAA’s Operations, Research, and Facilities account (-$599 millionmil ion, -15.9%); and
• NOAA' and  NOAA’s Procurement, Acquisition, and Facilities account (-$64 millionmil ion, -4.2%).

The Administration also proposes a $32 millionmil ion (-75.5%) reduction for the Minority Business Development Administration. It proposes changing the agency'’s focus to being a policy office that concentrates on advocating for the minority business community as a whole rather than supporting individual minority business enterprises.

The Administration'’s FY2021 budget includes a proposal to establish a Federal Capital Revolving Fund, which would be administered by the General Services Administration (GSA). The Administration proposes to transfer $294 millionmil ion from the proposed fund to NIST'’s Construction of Research Facilities account for renovating NIST'’s Building 1 in Boulder, CO, which would be repaid by NIST from future appropriations at $20 millionmil ion per year for 15 years.

While the Administration proposes increasedincreasing funding for most DOJ offices and agencies, the budget request would reduce funding for the FBI (-$152 millionmil ion, -1.5%) and BOP (-$67 millionmil ion, -0.9%), though these reductions are the result of proposals for reducedreducing funding for construction-related accounts. The Administration proposes reducing funding for two grant-related DOJ accounts, State and Local Law Enforcement Assistance (-$381 millionmil ion, -20.1%) and Juvenile Justice Programs (-$93 millionmil ion, -28.9%). The Administration also proposes to eliminate the COPS program as a separate account in DOJ and requests funding for COPS-related programs under the State and Local Law Enforcement Assistance account. The Administration proposes eliminating eliminating the Community Relations Service and moving its functions to DOJ'’s Civil Rights Division.

Division. The Administration'’s FY2021 budget request would add two new accounts to DOJ. First, the Administration proposes moving funding for the High Intensity Drug Trafficking Areas (HIDTA) program to the DEA. Currently, HIDTA funding is administered by the Office of National Drug Control Policy. In addition, the Administration proposes adding a Construction account for ATF. Congressional Research Service 6 Overview of FY2021 Appropriations for CJS The Administration requested this funding so the ATF can consolidate its laboratory facilities in Walnut Creek, CA and Atlanta, GA.

12 The annual CJS appropriations act traditionallytraditional y includes an obligation cap of funds expended from the Crime Victims Fund (CVF).¹²13 The Administration's FY2021 budget does not include a proposed obligation cap for the CVF. Rather, the Administration ’s FY2021 budget proposes a new $2.300 bil ion annual permanent obligation cap$2.300 billion annual mandatory appropriation for crime victims programs. Within this amount, $499 mil ion $499 million would be for the OVW for programs authorized under the Violence Against Women Act, $10 mil ion , $10 million would be for oversight of Office for Victims of Crime (OVC) programs by the Office of the Inspector General, $12 millionmil ion would be for developing innovative crime victims services initiatives, and a set-aside of up to $115 million mil ion would be for tribal victims assistance grants. From the remaining amount, OVC would provide formula and nonformula grants to the states to support crime victim compensation and victims servicesdiscretionary grants to states, local units of government, individuals, and other entities. The OVC also awards CVF money to special y designated programs. Under the Administration'’s proposal, the amount of the mandatory appropriation would decrease if the balance on the CVF fallsfal s below $5.000 billionbil ion in in future fiscal years.

Also, the Administration'’s budget includes a proposal to transfer primary jurisdiction over federal tobacco and alcohol anti-smuggling laws from the ATF to the Department of the Treasury'’s Tax and Trade Bureau.

(TTB). The Administration'’s budget request includes increased funding for NASA, but the Administration does propose reduced funding for the Science account (-$832 millionmil ion, -11.7%) and eliminating the Office of STEM Engagement (formerly the Office of Education). The Administration Administration also proposes renaming three of NASA'’s accounts: the Space Technology account would be changed to the Exploration Technology account, the Exploration account would be changed to the Deep Space Exploration Systems account, and the Space Operations account would be changed to the Low Earth Orbit and Spaceflight Operations account. Like the Administration' Administration’s FY2020 budget, the FY2021 budget proposal does not appear to include a realignment of items that would be funded from these accounts, which is what the Administration proposed in its FY2019 budget request.¹³

14 The FY2021 budget request includes reduced funding for NSF (-$537 millionmil ion, -6.5%), which includes proposed reductions for the Research and Related Activities (-$524 million, mil ion, -7.8%), Major Research Equipment and Facilities Construction (-$13 millionmil ion, -5.5%), and Education and Human Resources (-$9 millionmil ion, -1.0%) accounts. The proposed reductions are partiallypartial y offset by proposed increases for the Agency Operations and Award Management (+$9 millionmil ion, +2.6%) and Office of the Inspector General (+$1 millionmil ion, +8.2%) accounts.

The Administration requests reduced funding for most of the related agencies, which includes a proposal to close the LSC, though it requests some funding to help provide for an orderly closeout of the LSC'’s operations. 12 T he AT F asserts in its FY2021 congressional budget justification that its lease at its facility in Walnut Creek will expire on October 31, 2021, and all contract options to extend the lease have been exhausted and the AT F must move or close the laboratory. 13 For more information on how the CVF is funded, see CRS Report R42672, The Crime Victims Fund: Federal Support for Victim s of Crim e. 14 For more information on the Administration’s FY2019 budget request for NASA, see CRS Report R45237, Overview of FY2019 Appropriations for Com m erce, Justice, Science, and Related Agencies (CJS) . Congressional Research Service 7 link to page 19 Overview of FY2021 Appropriations for CJS House Committee-Reported Bill (H.R. 7667) The bil reported by the House Committee on Appropriations would provide $75.380 bil ion for CJS, which is $4.379 bil ion (-5.5%) less than the regular FY2020 appropriation, and $579 mil ion (+0.8%) more than the Administration’s request. The House committee-reported bil includes the following:  $9.543 bil ion for the Commerce Department, which is $5.677 bil ion (-37.3%) less than the FY2020 regular appropriation, and $1.266 bil ion (+14.7%) more than the Administration’s request;  $33.580 bil ion for the Department of Justice, which is $975 mil ion (+3.0%) more than the FY2020 regular appropriation and $664 mil ion (+2.0%) more than the Administration’s request;  $31.185 bil ion for the science agencies, which is $270 mil ion (0.9%) more than the FY2020 regular appropriation, and $1.809 bil ion (-5.5%) less than the Administration’s request; and  $1.072 bil ion for the related agencies, which is $54 mil ion (5.3%) more than the FY2020 regular appropriation and $498 mil ion (+86.9%) more than the Administration’s request. The proposed decrease in overal CJS funding relative to the FY2020 regular appropriation is the result of decreased funding for the Commerce Department, which reflects reduced funding for the Census Bureau. In the past, appropriations for the Census Bureau have decreased in the fiscal years following the completion of the decennial Census (see the “Historical Funding for CJS” for a discussion of this trend). The House committee-reported bil would provide $1.681 bil ion for the Census Bureau, which is $5.877 bil ion (-77.8%) less than the FY2020 regular appropriation. The House Committee on Appropriations recommended funding increases relative to the FY2020 regular appropriation, with the exception of NIST’s Construction of Research Facilities account (-$33 mil ion, -28.0%) and NOAA’s Procurement, Acquisition, and Construction account (-$7 mil ion, -0.4%). In addition, the House committee-reported bil would fund al of the Commerce Department’s accounts at a level above the Administration’s request, with the exception of NTIA (-$27 mil ion, -37.0%). The committee also declined to adopt the Administration’s proposals for the Commerce Department, such as eliminating the EDA, NIST’s MEP, and NOAA’s Pacific Coastal Salmon Recovery Fund; changing the focus of the MBDA; or transferring funds from the Federal Capital Revolving Fund to NIST’s Construction of Research Facilities account. The House Committee on Appropriations recommends funding for nearly al DOJ accounts that is greater than the FY2020 regular appropriation, with the exception of the FBI’s Construction account (-$433 mil ion, -89.3%) and BOP’s Building and Facilities account (-$198 mil ion, -64.3%). The proposed reduction to the FBI’s Construction account would result in an overal funding decrease for the FBI relative the FY2020 regular appropriation, though the committee-reported bil includes an increase for the FBI’s Salaries and Expenses account (+$235 mil ion, +2.5%). While the House committee-reported bil would fund many of DOJ’s accounts at a level above the FY2020 regular appropriation, the bil would fund several of DOJ’s accounts at a level below the Administration’s request, including the following:  Executive Office of Immigration Review (-$149 mil ion, -16.9%);  USMS, Salaries and Expenses (-$124 mil ion, -7.7%);  USMS, Federal Prisoner Detention (-$179 mil ion, -8.8%);  DEA, Salaries and Expenses (-$67 mil ion, -2.8%); and Congressional Research Service 8 link to page 12 link to page 17 Overview of FY2021 Appropriations for CJS  ATF, Salaries and Expenses (-$88 mil ion, -5.3%). The House Committee on Appropriations did not adopt the Administration’s proposals to eliminate the Community Relations Service and the COPS account; move HIDTA to the DEA; establish a permanent obligation cap for the CVF; or transfer some of the ATF’s responsibilities to TTB. However, the committee-reported bil includes funding for a construction account for the ATF, though the bil would not fund the account at the level requested by the Administration. Overal funding for NASA in the House committee-reported bil is the same as the FY2020 regular appropriation, though there were some changes in funding levels for NASA’s individual accounts. The committee-reported bil would increase funding for the Aeronautics (+$35 mil ion, +4.5%); STEM Engagement (+$6 mil ion, +5.0%); Safety, Security, and Mission Services (+$40 mil ion, +1.4%); Construction and Environmental Compliance and Restoration (+$46 mil ion, +12.2%); and the Office of the Inspector General (+$3 mil ion, 6.0%) accounts and reduce funding for the Science (-$41 mil ion, -0.6%) and Space Operations (-$88 mil ion, -2.1%) accounts. The House committee-reported bil would fund NASA at a level that is $2.617 bil ion (-10.4%) below the Administration’s request. Under the committee-reported bil , most of NASA’s accounts would be funded at a level below the Administration’s request, with the exception of the Aeronautics and Office of the Inspector General accounts, which would be funded at the requested level, and the Science account, which would receive $791 mil ion (+12.5%) more than the Administration’s request. The House Committee on Appropriations did not adopt the Administration’s proposal to eliminate the STEM Engagement account. The House committee-reported bil would fund NSF at a level greater than the FY2020 regular appropriation (+$270 mil ion, +3.3%) and the Administration’s request (+$807 mil ion, +10.4%). Al of the NSF’s accounts would be funded at a level equal to or greater than the FY2020 regular appropriation or the Administration’s request. The House Committee on Appropriations approved funding for the related agencies that is general y greater than the FY2020 regular appropriation and the Administration’s request. The committee did not adopt the Administration’s proposal to eliminate the LSC. Table 1 outlines the FY2020 funding, the Administration’s FY2021 request, and the House Committee-reported amounts for the Department of Commerce, the Department of Justice, the science agencies, and the related agencies. Table 1. Funding for Commerce, Justice, Science, and Related Agencies (CJS), FY2020, FY2021 Request, and House Committee-Reported (Appropriations in mil ions of dol ars) FY2021 FY2021 FY2021 House Senate Departments and FY2020 Administration’s Committee- Committee- FY2021 Related Agencies Enacteda Request Reported Reported Enacted Department of Commerce International Trade $510.3 $474.4 $531.4 Administration Bureau of Industry and Security 127.7 137.7 137.7 Economic Development 333.0 31.6 356.0 Administration Economic Development (292.5) — (314.0) Assistance Programs Congressional Research Service 9 link to page 17 link to page 17 link to page 17 link to page 17 Overview of FY2021 Appropriations for CJS FY2021 FY2021 FY2021 House Senate Departments and FY2020 Administration’s Committee- Committee- FY2021 Related Agencies Enacteda Request Reported Reported Enacted Salaries and Expenses (40.5) (31.6) (42.0) Minority Business Development 42.0 10.3 52.0 Agency Economics and Statistics 108.0 111.9 111.9 Administration (excluding Census) Census Bureau 7,558.3 1,672.0 1,681.1 Current Surveys and (274.0) (279.3) (288.4) Programs Periodic Censuses and (7,284.3) (1,392.7) (1,392.7) Programs National Telecommunications 40.4 72.2 45.5 and Information Administration U.S. Patent and Trademark Office 3,450.7 3,695.3 3,695.3 (USPTO)b Offsetting Fee Receipts (USPTO) -3,450.7 -3,695.3 -3,695.3 National Institute of Standards 1,034.0 1,011.9 1,044.0 and Technology Scientific and Technical (754.0) (652.0) (789.0) Research and Services Industrial Technology (162.0) (25.3) (170.0) Services Manufacturing Extension (146.0) — (153.0) Partnership National Network for (16.0) (25.3) (17.0) Manufacturing Innovation Construction of Research (118.0) (40.6) (85.0) Facilities, new appropriation Construction of Research — (294.0)c — Facilities, transfer from Federal Capital Revolving Fund (legislative proposal) National Oceanic and 5,352.2 4,624.8 5,454.1 Atmospheric Administration Operations, Research, and (3,763.9) (3,165.1) (3,871.7) Facilitiesd Procurement, Acquisition, (1,530.9) (1,466.7) (1,524.4) and Construction Pacific Coast Salmon (65.0) — (65.0) Recovery Fishermen’s Contingency (0.3) (0.3) (0.3) Fund Congressional Research Service 10 link to page 17 link to page 17 Overview of FY2021 Appropriations for CJS FY2021 FY2021 FY2021 House Senate Departments and FY2020 Administration’s Committee- Committee- FY2021 Related Agencies Enacteda Request Reported Reported Enacted Fisheries Finance Program (-8.0) (-7.6) (-7.6) Account Fisheries Disaster Assistance — (0.3) (0.3) Departmental Management 115.0 170.8 129.7 Subtotal: Department of 15,220.8 8,317.6 9,543.4 Commerce Department of Justice General Administration 922.6 1,141.9 997.9 General Administration (114.7) (121.8) (120.0) Salaries and Expenses Justice Information Sharing (33.9) (34.1) (33.9) Technology Executive Office of (669.0) (878.9) (730.0) Immigration Review Office of the Inspector (105.0) (107.2) (114.0) General U.S. Parole Commission 13.3 13.5 13.5 Legal Activities 3,440.4 3,585.7 3,593.2 General Legal Activities (920.0) (971.4) (969.2) United States Attorneys (2,254.5) (2,378.4) (2,347.2) Antitrust Division (166.8) (188.5) (180.3) Offsetting Fee Col ections (-141.0) (-150.0) (-150.0) (Antitrust Division) U.S. Trustee Program (227.2) (234.5) (232.4) Offsetting Fee Col ections (-309.0) (-318.0) (-318.0) (U.S. Trustee Program) Foreign Claims Settlement (2.3) (2.4) (2.4) Commission Fees and Expenses of (270.0) (239.0) (270.0) Witnesses Community Relations (16.0) — (20.3) Service Assets Forfeiture Funde (20.5) (20.5) (20.5) Vaccine Injury (13.0) (19.0) (19.0) Compensation Trust Fund Congressional Research Service 11 link to page 17 Overview of FY2021 Appropriations for CJS FY2021 FY2021 FY2021 House Senate Departments and FY2020 Administration’s Committee- Committee- FY2021 Related Agencies Enacteda Request Reported Reported Enacted United States Marshals Service 3,312.5 3,669.7 3,366.6 Salaries and Expenses (1,430.0) (1,608.1) (1,484.2) Construction (15.0) (15.0) (15.0) Federal Prisoner Detention (1,867.5) (2,046.6) (1,867.5) National Security Division 110.0 117.5 114.8 Interagency Law Enforcement 550.5 585.1 565.0 Federal Bureau of Investigation 9,952.9 9,800.7 9,755.2 Salaries and Expenses (9,467.9) (9,748.8) (9,703.3) Construction (485.0) (51.9) (51.9) Drug Enforcement 2,279.2 2,652.8 (2,331.4) Administration Salaries and Expenses (2,279.2) (2,398.8) (2,331.4) High Intensity Drug — (254.0) — Trafficking Areas Bureau of Alcohol, Tobacco, 1,400.0 1,666.3 1,555.0 Firearms and Explosives Salaries and Expenses (1,400.0) (1,637.6) (1,550.0) Construction — (28.7) (5.0) Federal Prison System 7,780.7 7,713.3 7,882.7 Salaries and Expenses (7,470.0) (7,611.1) (7,770.0) Building and Facilities (308.0) (99.5) (110.0) Limitation on Administrative (2.7) (2.7) (2.7) Expenses, Federal Prison Industries Office on Violence Against 502.5 498.5 525.0 Women Transfer from the Crime Victims -435.0 -498.5 -435.0 s operations.

Table 1 outlines the FY2020 funding and the Administration's FY2021 request for the Department of Commerce, the Department of Justice, the science agencies, and the related agencies.

Crime Victims Fund (CVF). g. The Administration proposed changing the name of the “Space Technology” account to “Exploration Technology.” h. The Administration proposed changing the name of the “Exploration” account to “Deep Space Exploration Systems.” i. The Administration proposed changing the name of the “Space Operations” account to “Low Earth Orbit and Spaceflight Operations.” Congressional Research Service 14 link to page 18 Overview of FY2021 Appropriations for CJS FY2020 Supplemental Funding for CJS For FY2020, Congress provided a total of $3.185 bil ion in emergency supplemental funding. The majority of this funding ($3.079 bil ion) was included in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136). Congress also included $106 mil ion in the United States-Mexico-Canada Agreement Implementation Act (USMCA, P.L. 116-113) for NOAA and the Office of the U.S. Trade Representative. Table 2 provides a breakdown of the CJS-related funding in each act. Table 2. FY2020 CJS Supplemental Funding (Appropriations in mil ions of dol ars) USMCA CARES Act Supplemental Supplemental Commerce Economic and Development Administration — $1,500.0 Economic Development Assistance Programs — (1,500.0) National Institute of Standards and Technology — 66.0 Scientific and Technical Research Services — (6.0) Industrial Technology Services — (60.0) National Oceanic and Atmospheric Administration 16.0 320.0 Operations, Research, and Facilities (16.0) (20.0) Fisheries Assistance — (300.0) Justice General Administration — 4.0 Justice Information Sharing Technology — (2.0) Office of the Inspector General — (2.0) U.S. Attorneys — 3.0 U.S. Marshals Service — 15.0 Salaries and Expenses — (15.0) Federal Bureau of Investigation — 20.0 Salaries and Expenses — (20.0) Drug Enforcement Administration — 15.0 Federal Prison System — 100.0 Salaries and Expenses — (100.0) State and Local Law Enforcement Assistance — 850.0 Science National Aeronautics and Space Administration — 60.0 Safety, Security, and Mission Services — (60.0) National Science Foundation — 76.0 Research and Related Activities — (75.0) Congressional Research Service 15 link to page 12 link to page 20 link to page 23 link to page 20 Overview of FY2021 Appropriations for CJS USMCA CARES Act Supplemental Supplemental Agency Operations and Management — (1.0) Related Agencies Legal Services Corporation — 50.0 Office of the U.S. Trade Representative 90.0 — Salaries and Expenses (50.0) — Trade Enforcement Trust Fund (40.0) — Total 106.0 3,079.0 Source: Text of P.L. 116-113 and P.L. 116-136. Notes: The accounts presented in Table 1 are consistent with those used by the Congressional Budget Office (CBO) to score the CJS appropriations bil . Amounts in parenthesis are subaccounts and not offsets. Historical Funding for CJS Historical Funding for CJS

Figure 1 shows the total (including supplementals) CJS funding for FY2010-FY2020, in both nominal and inflation-adjusted dollars (more-detailed historical appropriations data can be found inin Table 2)3). The data show that in FY2020, nominal funding for CJS reachedwas at its highest level since FY2010, though in inflation-adjusted terms, funding for FY2020 was lower thanabout equal to what it was it was in FY2010.

There is a cyclical nature to total nominal funding for CJS because of appropriations for the Census Bureau to administer decennial censuses. Overall Overal funding for CJS traditionallytraditional y starts to increase a few years before the decennial census, peaks in the fiscal year in which the census is conducted, and then declines immediately thereafter. Figure 1 shows how total funding for CJS decreased after the 2010 Census and started to ramp up again as the Census Bureau prepared to conduct the 2020 Census.

Increased funding for CJS also coincides with increases to the discretionary budget caps under the Budget Control Act of 2011 (BCA, P.L. 112-25).¹⁴).15 The BCA put into effect statutory limits on discretionary spending for FY2012-FY2021. Under the act, discretionary spending limits were scheduled to be adjusted downward each fiscal year until FY2021. However, legislation was enacted that increased discretionary spending caps for FY2014 to FY2021.¹⁵16 A sequestration of discretionary funding, ordered pursuant to the BCA, cut $2.973 billionbil ion out of the total amount Congress and the President provided for CJS for FY2013. Since then, funding for CJS has increased as more discretionary funding has been allowedal owed under the BCA. 15 For more information on the BCA, see CRS Report R44874, The Budget Control Act: Frequently Asked Questions. 16 Ibid. Congressional Research Service 16 link to page 21 Overview of FY2021 Appropriations for CJS under the BCA.

Figure 1. Nominal and Inflation-Adjusted Funding for CJS,; FY2010-FY2020 (Appropriations in bil ions of dol ars) FY2010-FY2020 Appropriations in billions of dollars

Sources: FY2010 enacted amounts were taken from S.Rept. 111-229, , P.L. 111-212, , P.L. 111-224, and P.L. 111-230230; FY2011 enacted amounts were taken from H.Rept. 112-169; FY2012 enacted amounts were taken from H.Rept. 112-463; FY2013 post-sequestration amounts were provided by the Department of Commerce, the Department of Justice, the Office of Science and Technology Policy, the National Aeronautics and Space Administration, the National Science Foundation, and each of the respective related agencies and P.L. 113-2; ; FY2014 enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-76, printed in the January 15, 2014, Congressional Record (pp. H507-H532); FY2015 enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-235, printed in the December 11, 2014, Congressional Record (pp. H9342-H9363); FY2016 enacted amounts were taken from the joint explanatory statement to accompany P.L. 114-113, printed in the December 17, 2015, Congressional Record (pp. H9732-H9759); FY2017 enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-31, printed in the May 3, 2017, Congressional Record (pp. H3365-H3390); FY2018 enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-141, printed in the March 22, 2018, Congressional Record (pp. H2084-H2115) and P.L. 115-123; FY2019 enacted amounts were taken from H.Rept. 116-9; FY2020 enacted amounts were taken from the explanatory statement to accompany P.L. 116-93, published in the December 17, 2019 Congressional Record (pp. H10961-H10989). and the text of P.L. 116-113 and P.L. 116-136. Notes: Inflation-adjusted appropriations are presented in FY2020 dollars. dol ars. Appropriations were adjusted using the Gross Domestic Domestic Product (Chained) Price Index presented in Table 10.1 of the Historical Tables in the President's President’s FY2021 budget submission. The amounts do not include rescissions of unobligated balances or scorekeeping scorekeeping credits (e.g., the balance on the Crime Victims Fund). Victims Fund). Amounts include al supplemental appropriations. The amounts include any rescissions of current-year budget authority and any supplemental appropriations.

Figure 2 shows total CJS funding for FY2010-FY2020 by major component (i.e., the Department of Commerce, DOJ, NASA, and the NSF). Although decreased appropriations for the Department of Commerce (-47.4%) from FY2010 to FY2013, during years immediately following the 2010 Census, mostly explain the overall overal decrease in CJS appropriations during this time, cuts in funding for DOJ (-8.7%) and NASA (-9.8%) also contributed. Funding for NSF held relatively steady from FY2010 to FY2013.

Overall FY2013. Congressional Research Service 17 Overview of FY2021 Appropriations for CJS Overal CJS funding has increased since FY2014, and this is partiallypartial y explained by more funding for the Department of Commerce to help the Census Bureau prepare for the 2020 Census. While funding for the Department of Commerce decreased from FY2018 to FY2019, it was partly a function of the department receiving $1.000 billionbil ion in emergency supplemental funding for FY2018.¹⁶17 If supplemental funding is excluded, appropriations for the Department of Commerce increased 2.5% from FY2018 to FY2019.

While increased funding for the Department of Commerce partiallypartial y explains the overall overal increase in funding for CJS since FY2014, there have also been steady increases in funding for DOJ (+17.6 (+21.2%), NASA (+28.26%), and NSF (+12.6%)16.5%) during that same time, as higher discretionary spending caps have been used to provide additional funding to these agencies.

Figure 2. Nominal Total CJS Funding, by Major Component,; FY2010-FY2020 (Appropriations in bil ions of dol ars) FY2010-FY2020 Appropriations in billions of dollars

Sources: FY2010 enacted amounts were taken from S.Rept. 111-229, , P.L. 111-212, , P.L. 111-224, and P.L. 111-230230; FY2011 enacted amounts were taken from H.Rept. 112-169; FY2012 enacted amounts were taken from H.Rept. 112-463; FY2013 post-sequestration amounts were provided by the Department of Commerce, the Department of Justice, the Office of Science and Technology Policy, the National Aeronautics and Space Administration, the National Science Foundation, and each of the respective related agencies, and P.L. 113-2; ; FY2014 enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-76, printed in the January 15, 2014, Congressional Record (pp. H507-H532); FY2015 enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-235, printed in the December 11, 2014, Congressional Record (pp. 17 For more information on emergency supplemental funding for CJS for FY2018, see CRS Report R45237, Overview of FY2019 Appropriations for Com m erce, Justice, Science, and Related Agencies (CJS) . Congressional Research Service 18 Overview of FY2021 Appropriations for CJS Record (pp. H9342-H9363); FY2016 enacted amounts were taken from the joint explanatory statement to accompany P.L. 114-113, printed in the December 17, 2015, Congressional Record (pp. H9732-H9759); FY2017 enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-31, printed in the May 3, 2017, Congressional Record (pp. H3365-H3390); FY2018 enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-141, printed in the March 22, 2018, Congressional Record (pp. H2084-H2115) and P.L. 115-123; FY2019 enacted amounts were taken from H.Rept. 116-9; FY2020 enacted amounts were taken from the explanatory statement to accompany P.L. 116-93, published in the December 17, 2019 Congressional Record (pp. H10961-H10989). and the text of P.L. 116-113 and P.L. 116-136. Notes: The amounts do not include rescissions of unobligated balances or scorekeeping credits (e.g., the balance on the Crime Victims Fund). Amounts include al supplemental appropriations. The amounts include any rescissions rescissions of current-year budget authority and any supplemental appropriations.