Order Code RL30509
CRS Report for Congress
Received through the CRS Web
Appropriations for FY2001: Commerce, Justice,
and State, the Judiciary, and Related Agencies
Updated September 15, 2000
Edward Knight, Coordinator
Specialist in Industrial Organization and Corporate Finance
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

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ABSTRACT
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
bounded 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 passes each
year. It is designed to supplement the information provided by the House and Senate
Appropriations Subcommittees on the Departments of Commerce, Justice, and State, the
Judiciary and Related Agencies. 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.loc.gov/crs/products/apppage.html]

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Appropriations for FY2001: Commerce, Justice, and State,
the Judiciary, and Related Agencies
Summary
This report tracks action by the 106th Congress on FY2001 appropriations for
the Departments of Commerce, Justice, and State, the Judiciary, and other related
agencies (often referred to as CJS appropriations). P.L. 106-113 (H.R. 3421,
Division B of H.R. 3194, Section 1000 (a)) appropriated $39.6 billion for these
agencies for FY2000. The President’s FY2001 budget requests about $39.6
billion for these agencies, about a $51 million increase or 0.1 % above the FY2000
total. On June 14, 2000, the House Appropriations Committee approved its version
of the CJS appropriations bill (H.R. 4690, H.Rept. 106-680). It recommended
funding totaling $37.4 billion–$2.2 billion below the President’s request and about
$2.2 billion below the FY2000 appropriation. The House passed the bill on June 26,
approved the same overall funding total recommended by the Committee. On July 18,
2000, the Senate Appropriations Committee approved its version of the bill( H.R.
4690, S. Rept. 106-404). It approved total funding of $36.7 billion which is about
$700 million below the House version and about $2.9 billion below both the
President’s request and the actual FY2000 appropriation. The bill is awaiting floor
action in the Senate.
The major CJS appropriations issues or concerns that are receiving attention in
both the Senate and the House include the following.
Department of Justice: building more prisons, extending the 1994 Crime Act
funding authorization beyond September 30, 2000; increasing funding for drug-related
efforts among the Department of Justice (DOJ) agencies; increasing funding for
community law enforcement; combating cybercrime; changing the focus and levels of
appropriations for DOJ’s Office of Juvenile Justice and Delinquency Prevention;
providing funding for programs that would reduce gun and youth violence; reducing
pending caseloads in immigration-related claims, particularly green card and
naturalization applications; meeting the statutory mandate that the Border Patrol be
increased by 1,000 agents in FY2001, and accounting for the shortfall in hiring in
FY1999; determining the level of detention capacity necessary to comply with the
statutory mandate that certain criminal aliens be detained until deported; and
restructuring INS internally as proposed by the Administration or dismantling or
restructuring the agency by legislation. Department of Commerce: the progress
made in streamlining and downsizing Department programs; implementation of the
decennial census including followup operations; federal financial support of industrial
technology development programs; monitoring foreign compliance with trade
agreements and U.S. trade laws; and implementing new White House environmental
initiatives at the National Oceanic and Atmospheric Administration. Department of
State: improving embassy security through a doubling of funding as well as a request
for an advance appropriation to cover the period FY2002 to FY2005. The Judiciary:
level of funding required for court staff and defender services in the lower courts,
and whether the salaries of judges and justices should receive a cost-of-living
increase. Other Related Agencies: adequacy of funding levels for the Legal Services
Corporation, and the Equal Employment Opportunity Commission, given a rapidly
growing workload of civil rights cases.

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Key Policy Staff
Area of Expertise
Name
CRS
Tel.
Department of Commerce
Edward Knight
G&F
7-7785
Department of State/USIA
Susan Epstein
FDT
7-6678
Judiciary & FCC
Steve Rutkus
G&F
7-7162
Department of Justice
David Teasley
DSP
7-2382
Department of Justice
Garrine Laney
DSP
7-2518
NIST-Technology Programs
Wendy H. Schacht
RSI
7-7066
Telecommunications
Glenn McLoughlin
RSI
7-7073
NOAA
Wayne Morrissey
RSI
7-7072
Equal Employment Opportunity
Leslie Gladstone
DSP
7-8645
Legal Services Corporation
Carmen Solomon-Fears
DSP
7-7306
EDA, SBA, FTC, & SEC
Bruce Mulock
G&F
7-7775
Maritime Industry
Gwenell L. Bass.
RSI
7-7773
Foreign Trade
Lenore Sek
FDT
7-7768
Bureau of the Census
Jennifer D. Williams
G&F
7-8640
Patent & Trademark Office
Wendy H. Schacht
RSI
7-7066
Department of Commerce
Lennard G. Kruger
RSI
7-7070
Immigration
William J. Krouse
DSP
7-2225
SEC
Mark Jickling
G&F
7-7784
Technical Coordinator
Marietta Sharperson
RSI
7-7726
Division abbreviations: A = American Law; G&F = Government and Finance; RSI =
Resources; Science, and Industry Division, DSP = Domestic Social Policy Division; FTD =
Foreign Affairs, Defense, and Trade.

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Contents
Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Introduction and Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Government Performance Results Act (GPRA) Requirements . . . . . . . . . . 2
Brief Survey of Major Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Department of Justice and Related Agencies . . . . . . . . . . . . . . . . . . . . . . . 6
Department of Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
The Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Department of State and Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . 10
Other Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Major Legislative and Policy Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Department of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Department of Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
The Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Department of State and Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . 40
Other Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Maritime Administration (MARAD) . . . . . . . . . . . . . . . . . . . . . . . . . 43
Census Monitoring Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
The Small Business Administration (SBA) . . . . . . . . . . . . . . . . . . . . 44
Legal Services Corporation (LSC) . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Equal Employment Opportunity Commission (EEOC) . . . . . . . . . . . 46
Commission on Civil Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Federal Communications Commission (FCC) . . . . . . . . . . . . . . . . . . 46
Federal Maritime Commission (FMC) . . . . . . . . . . . . . . . . . . . . . . . 49
The Federal Trade Commission (FTC) . . . . . . . . . . . . . . . . . . . . . . . 49
Securities and Exchange Commission (SEC) . . . . . . . . . . . . . . . . . . 49
The State Justice Institute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Office of the U.S. Trade Representative (USTR) . . . . . . . . . . . . . . . 51
U.S. International Trade Commission (ITC) . . . . . . . . . . . . . . . . . . . 51
U.S. Commission on International Religious Freedom . . . . . . . . . . . 51
Compliance with GPRA Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Major Funding Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Current Funding Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Related Legislative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Department of Justice and Related Agencies . . . . . . . . . . . . . . . . . . . . . . 55
Department of Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
The Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Department of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

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Department of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Other Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
For Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Department of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Department of Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
The Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Department of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Other Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Selected World Wide Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
List of Tables
Table 1. Status of CJS Appropriations, FY2001 . . . . . . . . . . . . . . . . . . . . . . . . 5
Table 2. Funding Trends for Departments of Commerce, Justice,
and State, and the Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Table 3. Departments of Commerce, Justice, and State, and the
Judiciary Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Table 1A. Appropriations Funding for Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies, FY2000 and FY2001 . . . . 74

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Appropriations for FY2001: Commerce, Justice,
and State, the Judiciary, and Related Agencies
Most Recent Developments
On February 7, 2000, the President submitted the FY2001 budget request for
appropriations for the Departments of Commerce, Justice, and State, the Judiciary
and related agencies. On June 6, 2000 the Commerce, Justice and State
Subcommittee of the House Appropriations Committee reported out its version of the
FY2001 CJS appropriations bill. The full Appropriations Committee approved its
version of the bill on June 14, 2000 (H.R. 4690, H. Rept. 106-680). The bill was
passed by the House on June 26, 2000. The Senate Appropriations Committee
reported its version of the bill on July 18, 2000 ( S. Rept 106-404). The bill is
awaiting floor action in the Senate.
Introduction and Overview
This report tracks legislative action by the second session of the 106th Congress
on FY2001 appropriations for the Departments of Commerce, Justice, and State, the
Judiciary, and other related agencies (often referred to as CJS appropriations). P.L.
106-113 (H.R. 3421, Division B of H.R. 3194, Section 1000 (a)) appropriated $39.6
billion for these agencies for FY2000. The President’s FY2001 budget requests
about $39.6 billion for these agencies, about a $51 million increase or 0.1 % above
the FY2000 total.1 On June 14, 2000, the House Appropriations Committee
approved its version of the CJS appropriations bill (H.R. 4690, H.Rept. 106-680).
It recommends funding totaling $37.4 billion–$2.2 billion below the President’s
request and about $2.2 billion below the FY2000 appropriation. The House approved
the bill on June 26 by a vote of 214-195, with 1 voting present.2 It approved the same
overall funding total recommended by the Appropriations Committee. The House,
however, did make a few funding changes (that differ from the Committee’s
recommendations) for certain individual agencies covered by the bill. These are
reflected in this report.
On July 18, 2000, the Senate Appropriations Committee approved its version
of the bill. It approved total funding of $36.7 billion which is about $700 million
1 For more details on FY2000 appropriations see: Appropriations for FY200: Commerce,
Justice, and State, Judiciary, and Related Agencies. CRS Report RL30209, by Edward
Knight, et. al.
2 The floor debate in the House is contained in the Congressional Record, vol 146 on June 23,
2000, pp. H5039-72; and June 26, 2000, pp. H5103-62.

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CRS-2
below the House version and about $2.9 billion below both the President’s request
and the actual FY2000 appropriation (S. Rept. 106-404). The bill is awaiting floor
action in the Senate.
Government-wide rescissions. It is important to note that the Consolidated
Appropriations Act (P.L. 106-113; 113 Stat.1501) includes a provision which
mandates a 0.38% government-wide recission of discretionary budget authority for
FY2000. The Act further provides in carrying out these rescissions:
(1) no program, project or activity of any department, agency, instrumentality
or entity may be reduced by more than 15%...,
(2) no reduction shall be taken from any military personnel account, and
(3) the reduction for the Department of Defense and Department of Energy
Defense Activities shall be applied proportionately to all Defense accounts.
The Act provides further that the Director of the Office of Management and
Budget shall include in the President’s budget submitted for fiscal year 2001 a report
specifying the reductions made to each account pursuant to requirements of this
provision this section (Section 301 (a) of H.R. 3425, included in H.R. 3194).3
On January 10, 2000, the White House released a fact sheet prepared by the
Office of Management and Budget (OMB) which provides a general statement of
actions taken by the Administration to comply with the government-wide rescissions
requirements of the Section 301 (a) of the act (included in H.R.3194). To achieve
the 0.38 cut, the Administration stated it had achieved total savings of $2.356 billion,
including cuts of $478 million in Congressional earmarks (involving 2,372 projects),
$192.5 million from salaries and expenses, and $1.7 billion in government programs.
The fact sheet did not provide further details on cuts for all federal agencies.
These cuts are reflected in agency totals for FY2000 contained in the President’s
request for FY2001.
Government Performance Results Act (GPRA) Requirements
As part of the budget process, the Government Performance and Results Act
(GPRA) enacted by Congress in 1993 (P.L.103-62; 107 Stat 285) requires that
agencies develop strategic plans that contain goals, objectives, and performance
measures for all major programs. The GPRA requirements apply to nearly all
executive branch agencies, including independent regulatory commissions, but not the
judicial branch. Brief descriptions of the latest versions of the strategic plans of the
major agencies covered by CJS appropriations are contained in the discussions of the
FY2001 budget requests of individual agencies included in this report.
3 White House, Office of the Press Secretary. OMB Communications Office. Fact Sheet:
0.38% cuts. January 10, 2000.

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CRS-3
Brief Survey of Major Issues
The more contentious issues that are likely to be given consideration in the
House and Senate debate over CJS appropriations for FY2001 include:
! Changing the focus and levels of appropriations for DOJ’s Office of
Juvenile Justice and Delinquency Prevention (OJJDP). Neither the
104th nor the 105th Congress reauthorized the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended.
! Determining the level of INS detention capacity necessary to comply
with the statutory mandate that certain criminal aliens be detained
until deported;
! How much funding is required to maintain essential services,
operations and court security in the lower courts.
Other issues or concerns that will likely receive attention include the following.
Department of Justice:
! Extending the 1994 Crime Act funding authorizations beyond
FY2000 under the Violent Crime Reduction Trust Fund (VCRTF).
! Increasing funding for drug-related efforts, especially the Office of
Justice Programs’ Zero Tolerance Drug Supervision Program, the
Offender Reentry Program and the Residential Substance Abuse
Treatment program.
! Increasing funding for community policing initiatives and community
crime prevention programs.
! Determining the severity of INS budget overruns in FY1999 due to
overhiring in FY1998 and other mandatory costs, e.g., rents and
telecommunications.
! Combating gun violence by hiring more federal, state, and local
prosecutors to increase gun prosecutions, and reduce youth violence.
! Combating cybercrime.
! Reducing pending case loads in immigration-related claims,
particularly naturalization cases.
! Meeting the statutory mandate that the Border Patrol be increased by
1,000 agents in FY2000.
! Restructuring INS internally as proposed by the Administration or
dismantling the agency by legislation.

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CRS-4
Department of Commerce:
! Progress made in the streamlining and downsizing of Department
programs and operations.
! Funding needs of the Bureau of the Census in conducting the 2000
decennial census and evaluating the results.
! Extent to which federal funds should be used to support industrial
technology development programs at the National Institute of
Standards and Technology (NIST), particularly the Advanced
Technology Program.
! Appropriateness of the Administration’s proposal to increase funding
for public broadcast facilities, planning, and construction at the
National Telecommunications and Information Administration
(NTIA).
! The completion of National Weather Service Modernization and the
extent to which the National Oceanographic and Atmospheric
Administration (NOAA) would implement a number of Presidential
initiatives to protect the environment and foster research and
development in the 21st century.
! The extent to which the National Oceanographic and Atmospheric
Administration (NOAA) would implement a number of new ongoing
Presidential initiatives to protect the environment and foster research
and development in the 21st century.
! The extent to which foreign countries comply with trade agreements
and U.S. trade laws.
Department of State:
! Increased funding for embassy security overseas.
The Judiciary:
! Whether to increase funding to compensate court-appointed defense
attorneys in federal criminal cases.
! How to contain the growing costs of the Judiciary’s Defender
Services account.
! To what extent increased funding and staff for the district courts are
needed due to increases both in criminal filings and in the number of
persons on probation or receiving pretrial services.
! Whether the salaries of federal judges and justices should receive a
cost-of-living increase, as they did in FY2000.

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CRS-5
! Whether a statutory ban on judges receiving honoraria should be
lifted.
Other Agencies:
! Adequacy of funding for the Legal Services Corporation.
! Adequacy of funding for the Equal Employment Opportunity
Commission, given a rapidly growing workload of civil rights cases.
! Adequacy of funding for programs of the Small Business
Administration (SBA)
This report provides background descriptions of the principal functions of the
federal agencies covered by CJS appropriations and identifies and more extensively
reviews the major legislative and policy issues that emerged during the debate on
these appropriations.
Status
On February 7, 2000, the President submitted the FY2001 budget request for
appropriations for the Departments of Commerce, Justice, and State, the Judiciary
and related agencies. The House approved the bill on June 26. It approved the
same overall funding total recommended by the Appropriations Committee. The
House, however, did make a few funding changes (that differ from the Committee’s
recommendations) for certain individual agencies covered by the bill. These are
reflected in this report. The Senate Appropriations Committee passed its version of
the bill on July 18, 2000 (S. Rept. 106-404). The bill is awaiting floor action in the
Senate.
The table below shows the key legislative steps necessary for the enactment of
FY2001 CJS appropriations legislation.
It is also important to note that the Consolidated Appropriations Act also
includes a provision that mandates a 0.38% government-wide recission of
discretionary budget authority for FY2000 appropriations. For more details see page
1 of this report.
Table 1. Status of CJS Appropriations, FY2001
Subcommittee Markup
House
Senate
Senate
Conference
Conference Report Approval
Public
House Passage
Report
Report
Passage
Report
Law
House
Senate
House
Senate
H.R. 4690,
H.R. 4690,
H.Rept. 106-
S.Rept.
6-6-00
-
6-26-00
-
-
-
-
-
680
106-404
6-14-00
7-18-00*
*The report of the Senate Appropriations Committee has not been filed.

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CRS-6
Background
The creation, legislative authority, and principal activities of the major agencies
covered by the CJS appropriations legislation for each fiscal year are described below.
Brief descriptions of most of the related agencies covered by the legislation are also
included in this section.
Department of Justice and Related Agencies
Title I of the CJS legislation typically covers the appropriations for the
Department of Justice and related agencies. Established by an Act of 1870 (28 U.S.C.
501) with the Attorney General at its head, the Department of Justice (DOJ) provides
counsel for citizens and protects them through its efforts for effective law
enforcement. It conducts all suits in the Supreme Court in which the United States
is concerned and represents the government in legal matters generally, providing legal
advice and opinions, upon request, to the President and the executive branch’s
department heads.
The Department contains several divisions: Antitrust, Civil, Civil Rights,
Criminal, Environmental and Natural Resources, and Tax. Major agencies within the
Department of Justice include:
! Federal Bureau of Investigation (FBI) investigates violations of
federal criminal law, protects the United States from hostile
intelligence efforts, provides assistance to other federal, state and
local law enforcement agencies, and has concurrent jurisdiction with
Drug Enforcement Administration (DEA) over federal drug
violations.
! Drug Enforcement Administration (DEA) is the lead drug law
enforcement agency at the federal level, coordinating its efforts with
state, local, and other federal officials in drug enforcement activities,
developing and maintaining drug intelligence systems, regulating
legitimate controlled substances activities, and undertaking
coordination and intelligence-gathering activities with foreign
government agencies.
! Immigration and Naturalization Service (INS) is responsible for
administering laws relating to the admission, exclusion, deportation,
and naturalization of aliens, including the oversight of the process
involving the admission of aliens into the country and applications to
become citizens, the prevention of illegal entry into the United
States, and the investigation, apprehension, and removal of aliens
who are in this country in violation of the law.
! Federal Prison System provides for the custody and care of the
federal prison population, the maintenance of prison-related facilities,
and the boarding of sentenced federal prisoners incarcerated in state
and local institutions.

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CRS-7
! Office of Justice Programs (OJP) carries out policy coordination and
general management responsibilities for the Bureau of Justice
Assistance, Bureau of Justice Statistics, National Institute of Justice,
Office of Juvenile Justice and Delinquency Prevention, Community
Oriented Policing Services (COPS), and the Office of Victims of
Crime, including administering programs, awarding grants, and
evaluating activities.
! United States Attorneys prosecute criminal offenses against the
United States, represent the government in civil actions in which the
United States is concerned, and initiate proceedings for the collection
of fines, penalties, and forfeitures owed to the United States.
! United States Marshals Service is primarily responsible for the
protection of the federal judiciary, protection of witnesses, execution
of warrants and court orders, management of seized assets, and
custody and transportation of unsentenced prisoners.
! Interagency Law Enforcement consists of 13 regional task forces
composed of federal agents working in cooperation with state and
local investigators and prosecutors to target and destroy major
narcotic trafficking and money laundering organizations.
The total appropriation for the Department of Justice in FY2000 is $18.6 billion.
(For more details on the funding of individual programs, see Table 1A in the
Appendix.)
Appropriators also considered funding for criminal justice programs under the
Violent Crime Reduction Trust Fund (VCRTF), which was established in the Violent
Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). The VCRTF
provides authorization for criminal justice spending over a 6-year period, from
FY1995 through FY2000. Trust Fund monies were to be derived in part from
projected savings to be realized by eliminating over 250,000 federal jobs as required
by the Federal Workforce Restructuring Act (P.L. 103-226). Spending was provided
in the annual appropriations bills, extending indefinitely authorizations of
appropriations not fully appropriated. Across-the-board sequestration of spending
from the VCRTF is required, if outlays exceed the outlay limits set for the Trust
Fund.
The fund authorizes $30.2 billion in spending from FY1995 through FY2000.
The Omnibus Consolidated and Emergency Supplemental Appropriations Act for
FY1999 (P.L. 105-277) provided a total of $5.5 billion for DOJ’s anti-crime
initiatives from the VCRTF. Legislation has been offered in the 106th Congress to
extend the VCRTF beyond FY2000.
Department of Commerce
Title II typically includes the appropriations for the Department of Commerce
and related agencies. The Department was established on March 4, 1913 (37
Stat.7365; 15 U.S.C. 1501). The origins of the Department of Commerce date back

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CRS-8
to 1903 with the establishment of the Department of Commerce and Labor (32 Stat.
825). In 1913, a separate the Department of Commerce was designated (37 Stat.
7365; 15 U.S.C. 1501). Though the responsibilities of the Department are numerous
and quite varied, it has five basic missions: promoting the development of American
business and increasing foreign trade; improving the nation’s technological
competitiveness; fostering environmental stewardship and assessment; encouraging
economic development; and compiling, analyzing, and disseminating statistical
information on the U.S. economy.
These missions are carried out by the following agencies of the Department:
! Economic Development Administration (EDA) provides grants for
economic development projects in economically distressed
communities and regions.
! Minority Business Development Agency (MBDA) seeks to promote
private and public sector investment in minority businesses.
! Bureau of the Census collects, compiles, and publishes a broad range
of economic, demographic, and social data.
! Economic and Statistical Analysis Programs provide (1) timely
information on the state of the economy through preparation,
development, and interpretation of economic data; and (2) analytical
support to Department officials in meeting their policy
responsibilities.
! International Trade Administration (ITA) seeks to develop the
export potential of U.S. firms and to improve the trade performance
of U.S. industry.
! Export Administration enforces U.S. export control laws consistent
with national security, foreign policy, and short-supply objectives.
! National Oceanic and Atmospheric Administration (NOAA) provides
scientific, technical, and management expertise to (1) promote safe
and efficient marine and air navigation; (2) assess the health of
coastal and marine resources; (3) monitor and predict the coastal,
ocean, and global environments (including weather forecasting); and
(4) protect and manage the nation’s coastal resources.
! Patent and Trademark Office examines and approves applications
for patents for claimed inventions and registration of trademarks.
! Technology Administration advocates integrated policies that seek
to maximize the impact of technology on economic growth, conducts
technology development and deployment programs, and disseminates
technological information.

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! National Institute of Standards and Technology (NIST) assists
industry in developing technology to improve product quality,
modernize manufacturing processes, ensure product reliability, and
facilitate rapid commercialization of products based on new scientific
discoveries.
! National Telecommunications and Information Administration
(NTIA) advises the President on domestic and international
communications policy, manages the federal government’s use of the
radio frequency spectrum, and performs research in
telecommunications sciences.
The total appropriation for the Department of Commerce in FY2000 is $8.6
billion. A very large share of the total reflects a special appropriation, designated an
emergency appropriation ($4.5 million), to fund final preparations for and
implementation of the year 2000 decennial census. (For more details on the funding
of individual programs, see Table 1A in the Appendix.)
The Judiciary
Typically, Title III of a Commerce, Justice, State-Judiciary appropriations bill
covers funding for the Judiciary. By statute (31 U.S.C. 1105 (b)) the judicial
branch’s budget is accorded protection from presidential alteration. Thus, when the
President transmits a proposed federal budget to Congress, the President must
forward the judicial branch’s proposed budget to Congress unchanged. That process
has been in operation since 1939. The total appropriation for the Judiciary in FY2000
was $3.96 billion.
The Judiciary budget consists of more than 10 separate accounts. Two of these
accounts fund the Supreme Court of the United States -- one covering the Court’s
salary and operational expenses and the other covering expenditures for the care of
its building and grounds. Traditionally, in a practice dating back to the 1920s, one or
more of the Court’s Justices appear before either a House or Senate appropriations
subcommittee to address the budget requirements of the Supreme Court for the
upcoming fiscal year, focusing primarily on the Court’s salary and operational
expenses. Subsequent to their testimony, the Architect of the Capitol appears to
request a funding amount for the Court’s building and grounds account.4 Although
it is at the apex of the federal judicial system, the Supreme Court represents only a
very small share of the Judiciary’s overall funding. The Consolidated Appropriations
Act for FY2000 (PL. 106-113), for instance, provided a total of $43.5 million for the
Supreme Court’s two accounts, which was 1.1% of the Judiciary’s overall
appropriation of $ 3.96 billion.
4 By authority of the Act of May 7, 1934 (PL. 73-211), the Architect of the Capitol is
responsible for the structural and mechanical care of the Supreme Court building, including
care of its grounds. The Architect, however is not charged with responsibility for custodial
care, which is under the jurisdiction of the Marshal of the Supreme Court.

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The rest of the Judiciary’s budget provides funding for the “lower” federal courts
and for related judicial services. Among the lower court accounts, one dwarfs all
others — the Salaries and Expenses account for the U.S. Courts of Appeals and
District Courts. The account, however, covers not only the salaries of circuit and
district judges (including judges of the territorial courts of the United States), but also
those of retired justices and judges, judges of the U.S. Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers and employees of the
federal Judiciary not specifically provided for by other accounts.
Other accounts for the lower courts include Defender Services (for
compensation and reimbursement of expenses of attorneys appointed to represent
criminal defendants), Fees of Jurors, the U.S. Court of International Trade, the
Administrative Office of the U.S. Courts, the Federal Judicial Center (charged with
furthering the development of improved judicial administration), and the U.S.
Sentencing Commission (an independent commission in the judicial branch, which
establishes sentencing policies and practices for the courts).
The annual Judiciary budget request for the courts is presented to the House and
Senate appropriations subcommittees after being reviewed and cleared by the Judicial
Conference, the federal court system’s governing body. These presentations, typically
made by the chairman of the Conference’s budget committee, are separate from
subcommittee appearances a Justice makes on behalf of the Supreme Court’s budget
request.
The Judiciary budget does not appropriate funds for three “special courts” in the
U.S. court system: the U.S. Court of Appeals for the Armed Forces (funded in the
Department of Defense appropriations bill), the U.S. Tax Court (funded in the
Treasury, Postal Service appropriations bill), and the U.S. Court of Appeals for
Veterans Claims (funded in the Department of Veteran Affairs and Housing and
Urban Development appropriations bill). Construction of federal courthouses is not
funded within the Judiciary’s budget. The usual legislative vehicle for funding federal
courthouse construction is the Treasury, Postal Service appropriations bill. (For more
details on individual appropriations for Judiciary functions, see Table 1A in the
Appendix.
Department of State and Related Agencies
The State Department, established July 27, 1789 (1 Stat.28; 22 U.S.C. 2651),
has a mission to advance and protect the worldwide interests of the United States and
its citizens. Currently, the State Department represents the activities of 38 U.S.
agencies operating at over 250 posts in 163 countries. As covered in Title IV, the
State Department funding categories include Administration of Foreign Affairs,
International Operations, International Commissions, and Related Appropriations.
The total FY2000 State Department appropriation is $5.9 billion. Typically, more
than half of State’s budget (about 70% in FY1999) is for Administration of Foreign
Affairs, which consists of salaries and expenses, diplomatic security, diplomatic and
consular programs, and security/maintenance of overseas buildings.

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The Foreign Relations Authorization within P.L. 105-277 provides for the
consolidation of the foreign policy agencies. As of the end of FY1999, the Arms
Control and Disarmament Agency (ACDA) and the United States Information Agency
(USIA) were abolished and their budgets and functions were merged into the
Department of State.
International broadcasting, which had been a primary function of the USIA prior
to 1999, will remain as an independent agency referred to as the Broadcasting Board
of Governors (BBG). The BBG includes the Voice of America (VOA), Radio Free
Europe/Radio Liberty (RFE/RL), Cuba Broadcasting, Radio Free Asia (RFA), Radio
Free Iraq and Radio Free Iran. The BBG’s FY2000 appropriation is $421.8 million
with just under 2,700 positions.
Other Related Agencies
Title V covers several related agencies. FY2000 appropriations for these
agencies are as follows:5
! Maritime Administration administers programs to aid in the
development, promotion, and operation of the nation’s merchant
marine: $178.1 million.
! Small Business Administration provides financial assistance to small
business and to victims of physical disasters: $ 877.0 million.
! Legal Services Corporation provides financial assistance to local,
state, and national non-profit organizations that provide free legal
assistance to persons living in poverty: $305 million.
! Equal Employment Opportunity Commission (EEOC) enforces laws
relating to race, sex, religion, national origin, age, or handicapped
status: $282 million.
! Commission on Civil Rights collects and studies information on
discrimination or denials of equal protection of the laws because of
race, color, religion, sex, age, handicap, and national origin: $8.9
million.
! Federal Communications Commission (FCC) regulates interstate
and foreign communications by radio, television, wire, satellite, and
cable: $24.2 million.6
5 Figures are for direct appropriations only; in some cases, agencies supplement these amounts
with offsetting fee collections, including collections carried over from previous years.
6 Offsetting fee collections were $185.8 million, bringing total FY2000 funding to $210
million.

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! Federal Maritime Commission (FMC) regulates the domestic
offshore and international waterborne commerce of the United
States: $14.1 million.
! Federal Trade Commission (FTC) administers laws to prevent the
free enterprise system from being fettered by monopolies or restraints
on trade and to protect consumers from unfair and deceptive trade
practices: No appropriation.7
! Securities and Exchange Commission (SEC) administers laws
providing protection for investors and ensuring that securities
markets are fair and honest: No appropriation.8
! State Justice Institute is a private, non-profit corporation that makes
grants and undertakes other activities designed to improve the
administration of justice in the United States: $6.85 million.
! Office of the United States Trade Representative (USTR) is located
in the Executive Office of the President and is responsible for
developing and coordinating U.S. international trade and direct
investment policies. The USTR is also the chief trade negotiator for
the United States: $25.6 million.
! U.S. International Trade Commission is an independent, quasi-
judicial agency that advises the President and the Congress on the
impact of U.S. foreign economic policies on U.S. industries and is
charged with implementing various U.S. trade remedy laws. Its six
commissioners are appointed by the President for 9-year terms: $44.5
million.
The CJS appropriations also cover funding for several relatively small
governmental functions, including several special government commissions. (For
additional information on the funding of other related agencies covered by this
measure, see: Budget of the United States Government, Fiscal Year 2001–Appendix
(106th Cong., 2nd. sess.)
Major Legislative and Policy Issues
The second session of the 106th Congress will likely address a number of issues
during the CJS appropriations process for FY2001. Major issues or concerns include:
building more prisons, extending the 1994 Crime Act funding authorization beyond
September 30, 2000; increasing funding for drug-related efforts among the
Department of Justice (DOJ) agencies; increasing funding for community law
enforcement; combating cybercrime; funding of DOJ’s legal action against the
7 The FTC is fully funded by the collection of premerger filing fees.
8 The SEC is fully funded by transaction fees and securities registration fees.

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CRS-13
tobacco industry; changing the focus and levels of appropriations for DOJ’s Office of
Juvenile Justice and Delinquency Prevention; providing funding for programs that
would reduce gun and youth violence; reducing pending caseloads in immigration-
related claims, particularly green card and naturalization applications; meeting the
statutory mandate that the Border Patrol be increased by 1,000 agents in FY2001, and
accounting for the shortfall in hiring in FY1999; determining the level of detention
capacity necessary to comply with the statutory mandate that certain criminal aliens
be detained until deported; and restructuring INS internally as proposed by the
Administration or dismantling or restructuring the agency by legislation; the
downsizing of Commerce Department programs, implementing the 2000 decennial
census and evaluating the results, the use of federal funds to support industrial
technology, implementing the modernization of the National Weather Service, and the
monitoring of foreign compliance with trade agreements and U.S. trade laws;
improving embassy security through a doubling of funding as well as a request for an
advance appropriation to cover the period FY2002 to FY2005; the level of funding
needed to maintain essential services, operations and court security in the lower
courts; whether to increase funding to compensate court-appointed defense attorneys
in federal criminal cases; how to contain the growing costs of the Judiciary’s Defender
Services account; and the merits of providing a cost-of-living pay increase for federal
judges.
Department of Justice
Traditionally, state and local governments have primary responsibility for crime
control. Especially within the last decade, a greater federal role has developed.
Congress has enacted five major omnibus crime control bills since 1984, establishing
new penalties for crimes and providing increased federal assistance for law
enforcement efforts by state and local governments. Federal justice-related
expenditure is one of the few areas of discretionary spending that has increased its
share of total federal spending over the last two decades.
FY2001 Budget Request. For FY2001, President Clinton’s budget request for
DOJ is $20.3 billion compared to the Senate Appropriations Committee
recommendation of $18.7 billion, and the House’s $20.2 billion. DOJ received
funding of $18.65 billion in FY2000. DOJ’s request for FY2001 is intended to
address major concerns such as fighting crime and gun and youth violence, building
prisons, checking drug abuse, improving the department’s information resources and
improving the border management of INS.
On July 18, the Senate Appropriations Committee recommended $18.7 billion
in funding for FY2001 for the Department of Justice. The Senate Committee rejected
by a tie vote, 14-14, Senator Ernest Hollings’s amendment to spend $20.5 million to
finance a federal lawsuit against tobacco companies to offset the federal government’s
expenses of treating veterans and Medicare and Medicaid patients for smoking-related
illnesses.
The CJS bill, H.R. 4690, passed by the House on June 26,would provide $20.2
billion. On June 23, Representative Henry A. Waxman offered an amendment to H.R.
4690, the CJS Appropriations bill, which would allow the Veterans Administration

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to reimburse DOJ for its lawsuit against tobacco companies. The House passed the
amendment by a vote of 215 ayes to 183 noes.
Under the Telecommunications Carrier Compliance Fund of the General
Administration account, the Senate Appropriations Committee does not recommend
additional funds for FY2001 for the Communications Assistance for Law
Enforcement Act (CALEA). In January 2000, the Senate Committee denied a
reprogramming request of DOJ for an additional $100 million in FY2000 for this
account based on the source of funds the Department chose to use as an offset for
these funds. Congress recently passed a FY2000 supplemental appropriation, which
upon enactment, will provide $183 million for CALEA. This amount exceeds DOJ’s
request for the program in FY2000 and FY2001. With enactment of the supplemental
appropriation for FY 2000, a total of $301 million has been appropriated for
CALEA. For FY2001, the House approved the Appropriations Committee’s
recommendation of $278 million for the Telecommunications Carrier Compliance
Fund to reimburse equipment manufacturers and telecommunications carriers and
providers of telecommunications support service for implementing the
Communications Assistance for Law enforcement Act of 1994 (CALEA). Of this
amount, $141.3 million is for national security purposes. The Senate Committee
would recommend $205 million for the Narrowband Communications account for
FY2001 compared to $95.4 million which the House would provide for this account.
The Clinton administration requests a total of $240 million for the
Telecommunications Carrier Compliance Fund, of which $225 million is new funding
to reimburse the telecommunications industry for costs associated with modifying
their networks (Communications Assistance for Law Enforcement Act). The total
funding would be divided between DOJ and the Department of Defense (DOD) as
follows: $120 million for DOJ and $120 million for DOD. DOJ will implement all
of the funds. For its program to convert to narrowband radio communications, DOJ
requests $205 million. In the FY2000 appropriations cycle, this program was
controversial as the Administration requested $86 million for narrowband conversion,
but received $10.6 million in direct funding and was directed to transfer $92.5 million
for the program from other departmental components.
To address terrorism, the Senate Committee recommends $5 million for FY2001
for the counterterrorism fund compared to the $10 million which the House would
provide and the $10 million which the President requested. The Senate Committee
reports that there will be carryover balances available in FY 2001 of more than $36
million for this account. The Senate Committee expressed concern that DOJ was
using funds in this account for any effort associated with countering terrorism instead
of for extraordinary costs for providing support to counter, investigate or prosecute
domestic or international terrorism. To insure that counterterrorism funds are used
appropriately, the Senate Committee directs DOJ to notify House and Senate
Appropriations Committees prior to obligation of all funds in this account. Under
presidential Decision Directive 62, the President designated a National Coordinator
for Security, Infrastructure Protection, and Counterterrorism (DAG-CT) to
coordinate interagency terrorism policy issues and review ongoing terrorism-related
activities. The Senate Committee recommends an additional $23 million for this
office. Funding to combat terrorism is also recommended under the Office of Justice
Programs, Justice Assistance account.

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The Senate Appropriations Committee for FY2001 for the Office of Justice
Programs (OJP) recommends $3.07 billion, while the House would provide $4.08
billion. The President requests for OJP is $3.74 billion compared with FY2000
funding of $4.08 billion. To address gun and youth violence, the Administration has
requested $215.9 million, of which new funding of $150 million would be to hire
1,000 local prosecutors in jurisdictions designated by DOJ as High Gun Violence
areas.
For the Justice Assistance account for FY2001, the Committee recommends
$426.4 million, of which $25.5 million would be for the Missing Children Program to
combat crimes against children, including $6 million for state and local law
enforcement for continuation of specialized cyberunits and for units that investigate
and prevent child sexual exploitation on the internet; $13.5 million for the National
Center for Missing and Exploited Children, with $2 million of that amount for the
operation of the CyberTipline (which collects leads from Internet Service Providers
on incidences of child pornography and exploitation) and for Cyberspace training; and
$3 million for the Jimmy Ryce Law Enforcement Training Center to train state and
local law enforcement officials in investigating missing and exploited children cases.
Also, to address incidents of domestic terrorism, the Committee recommends $257.5
million for the Office for State and Local Domestic Preparedness Support, of which
$35 million is for the National Domestic Preparedness Consortium, and $120 million
for equipment block grants to states and the District of Columbia for the purchase of
specialized equipment needed to respond to terrorist incidents involving chemical,
biological, radiological, and explosive weapons of mass destruction.
The Senate Committee recommends for FY2001, $812 million for COPS which
is $523 million less than the President requested; the House would provide $595
million for COPS. Of these funds, $423 million would be for the following police
hiring initiatives: $180 million for school resource officers; $183 million in direct
appropriations for the universal hiring program (UHP); $20 million from unobligated
carryover balances from FY2000 to be used for UHP; and $40 million for Indian
Country. The Safe Schools Initiative would receive $20 million. For non-hiring
initiatives, the Senate Committee recommends: $100 million for the COPS
technology program for development of technologies and automated systems to assist
state and local law enforcement agencies in investigating, responding to, and
preventing crime; $130 million for the Crime Identification Technology Program of
which $20 million would be for Safe Schools technology to fund National Institute
of Justice’s development of new more effective safety technologies such as less
obtrusive weapons detection and surveillance equipment and information that allows
communities quick access to information to identify potentially violent youth; $33
million for states to upgrade criminal history records, and $30 million for state and
local units of government crime laboratories to develop or improve the capability to
analyze DNA in a forensic laboratory and other forensic science capabilities; $41.7
million for the COPS Methamphetamine/Drug ‘Hot Spots’ program to fight the
manufacture, distribution, and use of methamphetamine, and for proper removal and
disposal of hazardous materials at clandestine meth labs; and $15 million for the
COPS Safe Schools Initiative/School Prevention Initiatives to provide grants to
policing agencies and schools to address violence in public schools and to allow the

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assignment of officers to work in collaboration with schools and community-based
organizations concerning crime, gangs, and drug activities.
The House would provide $595 million for the COPS program, including $130
million for crime identification technology, $41.7 for manufacturing and trafficking
in methamphetamine, and $389.5 million for public safety and community policing
grants.
The Administration seeks to continue improving community law enforcement.
It requests FY2001 funding of $1.3 billion for the Community Oriented Policing
Services (COPS) compared to FY2000 funding of $595 million. For Public Safety
and Community Policing grants, the funding request is $225 million, which includes
$67.9 million to fund additional officers and to stay on course to hire 150,000 officers
by the end of 2005. Earmarks would provide $45 million for Indian country law
enforcement, $25 million for the bullet-proof vest program, $20 million for school
safety problem-solving partnerships, and $20 million for National Police scholarships,
among other programs.
Under the COPS account for FY2001, the Administration requests $350 million
for the Crime Identification Assistance Program, an increase of $220 million over
FY2000 funding to support crime-fighting technologies efforts. This includes $70
million for upgrading criminal history, criminal justice and identification record
systems, promoting compatibility among systems at the federal, state, and local levels,
and obtaining information for statistical and research programs. Another $50 million
would be used to improve forensic laboratories, of which $35 million would be for
grants to state, tribal and local laboratories for improving their DNA and general
forensic capabilities and $15 million in grants to state and local laboratories to reduce
their convicted offender DNA sample backlog.
The Senate Committee for FY2001 recommends $400 million for local law
enforcement grants, $123 million less than the House; the Administration did not
request funding for this program. The Senate Committee recommends $40 million
for drug courts and $63 million for state prison drug treatment, the same funding that
the House would provide, while the President requests $10 million more in funding
for drug courts and $2 million more for state prison drug treatment. For Violence
Against Women grants, the Senate Committee recommends $284.9 million compared
to $283.8 the House would provide and $12 million less than the Administration’s
request. These funds would be used to develop and implement effective arrest and
prosecution policies for the prevention, identification, and response to violent crimes
against women, to strengthen programs that address stalking, and to provide victim
services such as specialized domestic violence court advocates who obtain protection
orders, among other purposes. In FY2000, drug courts received funding of $40
million, state prison drug treatment, received $63 million, and VAWA received $284
million.
For FY2001, the Senate Appropriations Committee recommends $452 million
for the Bryne grant programs ($400 million for formula grants and $52 million for
discretionary grants) compared to the House which would provide $552 million, the
same amount appropriated in FY2000 ($500 million for formula grants and $52

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million for discretionary grants). The President requests $459.5 million for Byrne
grants ($400 million for formula grants and $59.5 million for discretionary grants).
The Senate Committee recommends $40 million for the Weed and Seed program
for FY2001 compared $33.5 million that the House would provide; the President
requested $42 million for the program.
The Senate Appropriations Committee recommends $1.35 billion for the Drug
Enforcement Agency (DEA)for FY2001, which would provide for drug education
and training programs and technical equipment. For the Methamphetamine Initiative,
the Senate Committee recommends $27.5 million for the agency to target and
investigate methamphetamine trafficking, production, and use and to clean-up
hazardous waste associated with the manufacture of the drug. This compares with
total FY2000 funding for DEA of $1.28 billion. Funds would be for purchase of
1,358 passenger motor vehicles of which 1,079 would be for replacement only, for
police-type use without regard to the general purchase price limitation for the current
fiscal year. Also, the Senate Committee recommends additional emergency spending
for the Southwest Border Initiative for DOJ under Salaries and Expenses of $22.5
million for one plane, a helicopter, a forensic laboratory, equipment, and upgrades to
and maintenance of the El Paso Intelligence Center’s Information System. On the
other hand, the House would provide $1.37 billion for DEA. President Clinton
requests $1.37 billion for the agency. To support the enforcement of federal law and
investigations, DEA requests $864 million. DEA requests $56 million for FY2001
for FIREBIRD, its primary office automation infrastructure. FIREBIRD supports
DEA’s global operations and these funds would allow its continued high quality
operation.
The President requests funding of $215 million, for drug prevention programs,
including $171.39 million in new funding for programs designed to break the cycle
of drug use and its consequences by providing support services for drug abusers to
enable them to reenter the community. The Administration requests $75 million for
FY2001 for OJP’S Zero Tolerance Drug Supervision program to provide
discretionary grants to states, local governments, Indian tribes, and courts to plan and
enforce comprehensive drug testing and treatment programs and graduated sanctions
for persons within the criminal justice system. Of this amount, $60 million is for an
Offender Reentry program that would combine surveillance, sanctions, and support
services to provide more protection for communities that have high returns of
inmates.
For FY2001, the Senate Appropriations Committee recommends $4.30 billion
for the Federal Prison System, of which $724 million would be for buildings and
facilities compared to the House which would provide $4.27 billion for the Federal
Prison System, including $836 million for buildings and facilities. The President’s
FY2001 budget request for the Federal Prison System is $5.71 billion compared to
$3.67 billion enacted in FY2000. The Bureau of Prisons would use these funds to
reduce overcrowding and to accommodate future prison needs, including the long-
term housing needs of Immigration and Naturalization Service detainees. This request
includes $2 billion for FY2001 through FY2003 for construction of prisons ($791
million in advance appropriations are requested for FY2002 and $535 million in
FY2003 for construction of 6 more prisons); $80.18 million to activate prison
facilities and address the 54% overcrowding in high security prisons and provide

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needed detention bed space; and, $84.46 million to provide contract beds to
accommodate the needs of short and long term non-U.S. citizen inmates, as well as
the increase in other sentenced offender contract population.

FY2000 funding for the Federal Bureau of Investigations was $3.04 billion.
For FY2001, the Senate Appropriations Committee recommends $3.12 billion for the
FBI, of which $222 million would be for Criminal Justice Services, including $72
million for the National Instant Criminal Background Check System (NICS) and $43
million to construct or acquire buildings. The Senate Committee recommends
additional emergency spending funding of $62.9 million for the United States
Marshals Service under the Southwest Border Initiative, of which $5.3 million would
be for salaries and expenses, $5.6 million for construction, and $52 million for the
Justice Prisoner and Alien Transportation System Fund. The House, on the other
hand, would provide $3.23 billion for the FBI, of which $68 million in direct
appropriations would be for NICS. President Clinton’s FY2001 budget request for
the Federal Bureau of Investigations (FBI) is $3.28 billion. With the number and
complexity of computer crime increasing, DOJ requests $37 million to create a
permanent network of experts to prevent and prosecute computer crime. By FY2001,
the FBI expects cases involving computer forensic examination to more than double
those in FY1999. DOJ requests $19 million for its Technology Crimes Initiative of
which $11.4 million would be for its Computer Analysis and Response Team to
support 100 response team members who will be sent to help investigations of
computer related crimes and $7 million would further law enforcement counter-
encryption capabilities. In OJP, the National White Collar Crime Center would
receive $8.75 million to expand training initiatives for state and local law enforcement
and regulatory agencies to meet the rising incidences of computer crime by acting as
a clearinghouse, providing information on federal computer crime training and
offering a “directory” of resources available in forensic computer science.
The Immigration and Naturalization Service (INS) is the principal federal
agency charged with enforcing and administering the Immigration and Nationality Act
(INA). From FY1993 to FY2000, Congress has increased the INS budget from $1.5
to $4.3 billion. During these years, INS staffing has increased from just over 18,000
to nearly 33,000 funded permanent positions. For FY2001, according to the CBO’s
revised scoring, the Administration has requested $4.85 billion in total funding for
INS ($3.31 billion in direct funding and $1.54 billion in offsetting fee receipts).9 In
terms of direct funding, the Administration’s request is nearly $296 million over the
FY2000 appropriation. In terms of offsetting receipts, the request is $274 million
over the FY2000 appropriation. In addition, the Administration’s FY2001 request
also included four fee proposals: 1) a “premium service fee” for businesses, 2) a
renewed penalty fee under a permanent section 245(i) adjustment of status program10,
9 It was previously reported that the Administration’s FY2001 request was $5.0 billion; this
amount was taken from CBO tables.
10 Section 245(i) of the Immigration and Nationality Act allows certain aliens, who are
unauthorized to be in the United States, to adjust to immigrant status, provided they meet all
other qualifications. In the FY1998 CJS appropriations act (P.L. 105-119), however,
Congress limited the availability of relief under this provision to those aliens whose sponsors
(continued...)

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3) an increase in the user fee for airport inspections, and 4) an end to the cruise ship
user fee exemption.

For FY2001, the Senate Appropriations Committee recommends $4.6 billion in
funding for the INS ($3.03 billion in direct funding and $1.55 billion in offsetting
receipts). In terms of direct funding, the Senate bill provides an increase of $19
million over the FY2000 appropriation, but $276 less than the Administration request.
The Senate recommendation, however, also includes $414 million in emergency
funding for the Southwest border initiative, of which $322 million is earmarked for
INS. In terms of offsetting receipts, the Senate bill provides $255 million more than
in FY2000 appropriation, but $19 million less than the Administration’s request. The
Senate-reported bill would reinstate section 245(i), but it is silent on the proposed H-
1B premium service fee or the proposed increase in the user fee. In addition, the bill
includes provisions to repeal sections 110 and 641 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Division C; P.L. 104-208).
The House-passed bill would provide INS with $4.67 billion ($3.23 billion in
direct funding and $1.44 billion in offsetting receipts). In terms of direct funding, this
amount includes an increase of $223 million over the FY2000 appropriation, but it is
$73 million less than the Administration’s request. This amount includes funding
increases to hire 430 additional Border Patrol agents, increase detention and removal
capacity, continue interior enforcement, and continue reduction of pending application
caseloads. In terms of offsetting receipt, the House bill provides $169 million more
than the FY2000 appropriation, but $105 million less than the Administration’s
request. The House-passed bill includes a provision to authorize an H-1B premium
service fee, but it does not include provisions to reinstate section 245(i), raise the
airport user fee, or an end the cruise ship user fee exemption.
Emerging INS budget issues for FY2000 and FY2001 include: 1) reducing
pending caseloads in immigration-related claims, particularly green card and
naturalization applications; 2) meeting the statutory mandate that the Border Patrol
be increased by 1,000 agents in FY2001, and accounting for the shortfall in hiring in
FY1999; 3) determining the level of detention capacity necessary to comply with the
statutory mandate that certain criminal aliens be detained until deported; and 4)
restructuring INS internally as proposed by the Administration or dismantling or
restructuring the agency by legislation.
Large pending caseloads continue to plague INS despite increased funding.
From FY1992 to FY2000, funding for the adjudications and nationality program
increased from $137 to $496 million. In FY1999, INS processed over 1.2 million
naturalization applications; however, as of the end of the first quarter of FY2000, the
pending caseload for naturalization applications (Form N-400) was 1.3 million, and
the pending caseload for green card applications (Form I-485) was over 1 million.
In addition, there was a pending caseload of over 1.7 million for all other applications.
10 (...continued)
had petitioned on their behalf before January 14, 1998. (For background, see CRS Report
97-946, Immigration: Adjustment to Permanent Residence Status under Section 245(i).)

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CRS-20
For FY2001, the Administration requested $152 million to improve service,
reduce pending caseloads, and prevent fraud. This funding would have been derived
from several sources: 1) $25 million from the voluntary H-1B visa premium service
fee (to be deposited into the examinations fee account);2) another $55 million from
the H-1B premium service fee; 3) $37.5 million from section 245(i) fees; and 4) $34.8
million in a direct appropriation.
While the Senate-reported bill would reinstate section 245(i), the House
Appropriations Committee strongly rejected the Administration’s proposal to reinstate
provision. On the other hand, the House accepted the H-1B premium service fee
proposal, but the Senate-reported bill does not include such a provision. In report
language, the House Committee also noted that over the past 3 years INS has been
provided with $463 million to reduce pending caseloads and improve the integrity of
the naturalization process. Indeed, except for the detention and deportation program,
the adjudications and nationality program’s budget increased at a greater rate (262%)
than any other INS program budget from FY1993 to FY2000. For FY2001, House
report language earmarks an increase of $87 million, including $44 million in a direct
appropriation, to continue the backlog reduction.

Border control and security continues to be an ongoing issue for Congress.
From FY1992 to FY2000, funding for the Border Patrol has increased from $362
million to over $1 billion. For FY1999, Congress provided INS with $97 million to
hire 1,000 additional agents. The agency, however, was unable to hire a full
contingent of new agents, citing a lack of qualified candidates due to a strong labor
market and high wash-out rates at the Border Patrol Academy. At the end of
FY1999, there were 8,225 Border Patrol agents who were on duty and deployed, as
compared to 7,856 at the end of FY 1998. For FY2000, Congress provided $50
million to hire an additional 1,000 agents. The Administration, meanwhile, only
requested $52 million to hire 430 agents for FY2001, rather than the 1,000 agents
mandated in the Illegal Immigration Reform and Immigrant Responsibility Act (P.L.
104-208).
Given hiring shortfalls in FY1999 and the current fiscal year, House report
language includes an earmark, matching the Administration’s FY2001 request, rather
than funding 1,000 new agent positions.11 As requested by the Administration, $20
million is earmarked for deployment of the integrated surveillance intelligence system,
on both the southern and northern land borders. House report language also includes
earmarks of $22 million for border patrol information management, and $50 million
for construction projects.
Meanwhile, the Senate-reported measure would provide funding to hire an
additional 1,000 Border Patrol agents in FY2001. In addition, the bill includes $414
11 For FY2000, conference report language earmarked $50 million to hire and train an
additional 1,000 Border Patrol agents, rather than $100 million earmarked in both the House
and Senate reports. For FY1999, Congress provided INS with $94 million to hire 1,000 new
agents, but the agency was only able to hired 369 new agents citing a lack of qualified
applicants in a strong labor market and a high attrition rate among candidates. With this
increase, there were 8,225 agents on duty at the end of FY1999.

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CRS-21
million in emergency funding for the Southwest border initiative. This amount
includes $67 million for 26 new border patrol helicopters and other equipment, and
$254 million for INS construction for the Border Patrol and the detention and
deportation programs.
In recent years, INS has come under intense criticism for failing to deport
criminal aliens in an expeditious manner. From FY1993 to FY2000, funding for the
detention and deportation program increased from $193 to $879 million. INS
officials continue to report that the agency does not possess the detention capacity to
fully comply with statutory mandates set out in the Antiterrorism and Effective Death
Penalty Act (P.L. 104-132) and the Illegal Immigration Reform and Immigrant
Responsibility Act (P.L. 104-208). To improve and expand detention facilities and
increase efforts to identify and remove criminal aliens, the Administration has
requested $120 million in increased funding for FY2001, which would increase the
detention and deportation budget to over $1 billion.
Nearly matching the Administration’s request, House report language includes
earmarks of $87 million to increase INS detention space to 19,702 beds (daily
average), including 120 juvenile beds; $16 million for the Justice Prisoner Alien
Transportation System; $8 million to enter criminal alien records into the National
Criminal Information Center; and $25 million for detention construction projects.
Also, there is an earmark for an additional $5 million and 46 positions to expand the
criminal alien apprehension program, and $11 million and 100 positions to form 23
additional quick response teams that work with state and local law enforcement to
identify and remove deportable aliens. Neither of these increases were requested by
the Administration.
Regarding section 110, this provision as originally enacted would have required
the development of a system that would record the entry and exit of every alien
arriving and departing from the United States. Many congressional delegations from
northern border states strongly opposed the implementation of section 110 at the
northern land border, since it would have represented a significant departure from the
status quo. Canadians who enter the United States through land border ports were
and are not required to present a passport, and are usually not required to obtain a
visa. Similarly, U.S. citizens who enter Canada through land border ports are not
required to present a passport or visa in most cases. Some feared that, if Section 110
were implemented at northern land border ports of entry, additional documents would
be required. The Immigration and Naturalization Service Data Management
Improvement Act of 2000 (P.L. 106-215), enacted on June 15, 2000, amended and
rewrote section 110 to require the development of a system that would record an
integrated entry and exit data system that would use available data to record alien
arrivals and departures, without establishing additional documentary requirements.
The law was viewed by many as a compromise; nevertheless, the Senate-reported bill
would repeal section 110, as amended. (For further information, see CRS Report RS
20627, Immigration: Integrated Entry and Exit Data System, by William J. Krouse.)
In addition, the Senate-reported measure would repeal section 641 of P.L. 104-
208. This provision required INS to implement a foreign student data collection
reporting program by January 1, 1998. Academic administrators have lobbied for this

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CRS-22
provision’s repeal, principally because it requires them to collect fees from foreign
students for INS.
Regarding INS restructuring, FY2000 conference report language stressed that
“a lack of resources is no longer an acceptable response to INS’s inability to
adequately address its mission responsibilities.” On March 22, 2000, the House
Judiciary Committee’s Immigration and Claims Subcommittee approved a bill to split
INS, establishing a bureau of immigration services and a bureau of immigration
enforcement within the Department of Justice (H.R. 3918). This bill is identical to
H.R. 2528, the “Immigration Reorganization and Improvement Act of 1999,” as
introduced by Representative Harold Rogers in July 1999. Previously, the House
Immigration Subcommittee had amended and approved H.R. 2528 on November 4,
1999. The amended version of H.R. 2528 represented a compromise negotiated with
Attorney General Janet Reno. Late in the session last year, however, the
Administration pulled its support for H.R. 2528 as amended, stalling full committee
markup of that bill. Representative Lamar Smith, the Immigration Subcommittee
chair, asserted during the March 22nd markup that the reintroduction of H.R. 2528 as
H.R. 3918 was necessary, because the Administration had negotiated in “bad faith.”
Last year, the Senate Judiciary’s Immigration Subcommittee held a hearing on
another INS restructuring proposal (S. 1563) on September 23, 1999, but so far this
session the Senate has not addressed this issue. The Administration, meanwhile, is
moving forward with plans to restructure INS internally. (See CRS Report RS20279,
Immigration and Naturalization Service Reorganization and Related Legislative
Proposals, and CRS Report RL30257, Proposals to Restructure the Immigration and
Naturalization Service, both by William J. Krouse.)
The Government Performance and Results Act (GPRA) requires the
Department of Justice, along with other federal agencies, to prepare a 5-year strategic
plan which contains a mission statement, a statement of long-range goals in each of
the Department’s core functions and a description of information to be used to
assess program performance. The DOJ submitted its Strategic Plan for 1997-2002
to Congress in September 1997. During the FY1999 budget process, the Senate
Appropriations Committee commended the Assistant Attorney General for
Administration for preparing DOJ’s FY1999 performance plan, finding it timely, with
objective, measurable performance goals. The committee found the strength of the
performance plan in its clear strategies for meeting performance goals. DOJ was
urged to follow the recommendations of the General Accounting Office (GAO) in
preparing a plan for fiscal year 2000, because the committee’s recommendations for
fiscal year 2000 would be based on the GAO model.
The DOJ FY2000 Summary Performance Plan describes what the Department
of Justice plans to accomplish in FY2000, consistent with the long-term strategic
goals, and complements the Department’s budget request. It provides a summary
statement of themes and priorities of DOJ for seven core functional areas
(investigation and prosecution of criminal offenses, assistance to tribal, state, and local
governments, legal representation, enforcement of federal laws, and defense of U.S.
interests; immigration; detention and incarceration; protection of the federal judiciary
and improvement of the justice system; and management). It summarizes and
synthesizes detailed performance plans of specific Justice component organizations

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CRS-23
such as the Federal Bureau of Investigation, the Drug Enforcement Administration,
the United States Attorneys, the United States Marshals Service, and others.
Department of Commerce
In his FY2001 budget request to Congress, the President has requested total
funding for the Department of Commerce and related agencies12 of $5.5 billion, about
a $3.2 billion decrease (or 36.7%) from the $8.7 billion appropriated by Congress for
FY2000. The much higher appropriation for FY2000 reflects primarily a large special
appropriation to cover the expenses of preparing for and implementing the 2000
decennial census.
The amount requested for the Department for FY2001 is $5.4 billion, which is
about $3.2 billion (or 37%) below the $8.6 billion appropriated for FY2000. Again,
virtually all of this additional money for FY2000 is being used to cover the cost of
year 2000 decennial census. All agencies within the Department, including the Bureau
of the Census (excluding the costs of the decennial census), would receive increases
in funding from FY2000 levels under the President’s FY2001 request.
On June 14, 2000, the House Appropriation Committee approved a
recommended level of funding for the Department which totals $4.3 million, which
is about $1.1 million below what the President has requested. The full House
essentially approved the same level of funding on June 26.
On July 18, 2000, the Senate Appropriations Committee recommended a funding
total for the Department of about $4.7 billion, which is about $800 million below the
President’s request and about $400 million above the amount approved by the Housed
passed bill.

The major funding issues that are being considered during congressional
deliberations on the President’s request for Commerce appropriations include:
! the progress made in the streamlining and downsizing the
Department’s programs and operations;
! the needs of the Bureau of the Census in conducting the 2000
decennial census and evaluating the census results; and
! the extent to which federal funds should be used to support industrial
technology development programs at the National Institute of
Standards and Technology (NIST), particularly the Advanced
Technology Program.
! the completion of National Weather Service Modernization and the
extent to which the National Oceanographic and Atmospheric
Administration (NOAA) would implement a number of Presidential
12 Related agencies include the Office of the U.S. Trade Representative and the International
Trade Commission.

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CRS-24
initiatives to protect the environment and foster research and
development in the 21st century.
! the extent to which foreign countries comply with trade agreements
and U.S. trade laws.
The President’s FY2001 budget request for the Department calls for $74.1
million for Departmental Management, which is about $22.6 million above the
$51.5 million appropriated for FY2000. This total also includes the request for the
Inspector General’s office, amounting to $22.7 million-- about $2.7 million above the
$20.0 million appropriated for FY2000. The House Appropriations Committee
recommended a level of $52.4 million which is $900 thousand below the FY2000
appropriation and about $21.7 million below the amount requested by the
Administration for FY2001. The House approved an amendment by Rep. English
which decreased the Committee’s recommendation for General Administration by $3
million to $28.4 million. This amount would be transferred to the office of the U.S.
Trade Representative. Hence, the total for Departmental Management (formerly
referred to as General Administration) would be reduced form the Committee’s figure
of $52.4 million to $49.4 million. This total includes $21 million for the office of
Inspector General, which is less than that requested by the President and appropriated
for FY 2000.
The Senate Appropriations Committee recommends total funding of $67.1
million, which is $7 million below the President’s request, $15.6 million above the
FY2000 appropriation, and $17.7 million above the amount approved by the House.
The total includes $19 million for the Office of the Inspector General, which is lower
than the amounts recommended by the House and requested by the President It is also
less than the amount appropriated for FY2000.
To fund the Department’s Economic and Statistical Analysis programs, the
President requests $54.7 million, which was about $5.2 million above the total
appropriated for FY2000--$49.5 million. The House Appropriations Committee
recommends $49.5 million which is the same level appropriated for FY2000 and $5.2
million below the President’s request. The full House approved the same amount.
The House approved the Committee recommendation.
The Senate Appropriations Committee has recommended $54 million, about $.7
less than the President’s request and $4.5 million more than that approved in the
House-pass bill and that appropriated in FY2000.
For the Bureau of the Census, the President requests a total of $719.2 million
for FY2001, an amount about $4.0 billion lower than the almost $4.8 billion
appropriated for FY2000. Most of this larger total for FY2000 reflects a special
appropriation, designated an emergency appropriation, to fund final preparations for
and implementation of the year 2000 decennial census.13 The FY2001 budget request
13 The FY2000 request of $4.5 billion for the decennial census was in response to a decision
by the Supreme Court (525 U.S. 316 (1999)) that no data from a sample survey can be
(continued...)

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CRS-25
for the decennial census is $421 million. The House Appropriations Committee
recommended $670.9 million for the Bureau, which is $48.3 million below the
Administration’s request. For the decennial census in FY2001, the Committee
recommends $ 392.9 million. The House approved the Committee recommendation.
The Senate Appropriations Committee recommends $693.6 million, which is
$25.6 million below the President’s request and $22.7 million more than the House
approved amount. The Senate Committee recommends about $390 million for the
decennial Census in FY2001, which is $2.9 million less than the amount approved by
the House.
In the area of international trade, the Senate Appropriations Committee
recommended $318.7 million ($315.7 million in appropriations plus $3 million from
fee collections) for the International Trade Administration (ITA). This amount is
$7.2 million more than the FY2000 appropriation ($308.5 million in direct
appropriation plus $3 million from fee collections). It is $36.5 million less than the
Administration's FY2001 request of $355.1 million (includes $3 million in offsetting
fees). The Administration has asked for funding of a trade compliance initiative, where
additional staff would monitor trade compliance and market access problems facing
U.S. exporters, with special attention to Asia, and would conduct verifications in
antidumping and countervailing duty cases. The amount recommended by the Senate
Committee is $2.7 million less than the House-approved level for FY2001 ($321.4
million, including $3 million in offsetting fee collections). It increases funding for
compliance but decreases funding for Export Assistance Centers.
The Senate Committee recommended $61.0 million for the Bureau of Export
Administration (BXA) for FY2001. This amount is $7 million more than the amount
appropriated in FY2000 ($54.0 million) and is $10.5 million less than the President's
request of $71.6 million. The increase under the President's request would fund
additional inspections under the new Chemical Weapons Convention and support a
joint counter-terrorism program with the U.S. Customs Service. The Senate
Committee recommendation is $7.2 million more than the amount approved by the
House ($53.8million).
13 (...continued)
incorporated into the population count used to reapportion seats in the House of
Representatives. The case was brought under P.L. 105-119, FY1998 CJS Appropriations,
which also established the Census Monitoring Board to seek an accurate and objective census.
In accordance with the Court’s ruling, the Census Bureau canceled its plan to use a sample
survey for nonresponse followup after Census 2000. Instead of surveying a representative
sample of households that did not complete their census questionnaires, the Bureau attempted
to collect data from all those households, a more expensive operation than sampling. For
further information about this topic, see: CRS Report RL30284, Census 2000: the Sampling
Debate, by Jennifer D. Williams, and CRS Report RL30182, Census 2000: Sampling as an
Appropriations Issue in the 105th and 106th Congresses, by Jennifer D. Williams.

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CRS-26
The Economic Development Administration (EDA) has experienced a
tumultuous appropriations history over the past few years.14 Its funding level was
sharply reduced by the 104th Congress, then partially restored by the 105th. In the
106th Congress, appropriators placed EDA programs in jeopardy until the last possible
moment. In the end, P.L. 106-113 reduced the agency’s funding by $4 million
compared to its FY1999 level. More specifically, for FY2000 the agency received a
total adjusted appropriation of $387 million – $26.5 million for Salaries and Expenses
(S&E) and $360.5 million for Economic Development Assistance Programs (EDAP).
For FY2001, the Administration has requested $27.7 million for S&E and $409.3
million for EDAP, for a total appropriation of $436.9 million. The House bill,
following the recommendation of the Appropriations Committee, provides $26.5
million for S&E and $361.9 million for economic development and adjustment
programs ( EDAP), for a total CJS appropriation of $388.4 million for FY2001, or
$48.5 million less than requested. This recommendation is the same level as the
FY2000 appropriation.
The Senate Appropriations Committee, provides $31.5 million for S&E and
$218 million for EDAP, for a total recommended appropriation of $249.5 million for
FY2001, or $187.5 million less than requested and $138.9 less than the total approved
by the House. This recommendation is also $138.9 million less than the level
appropriated for FY2000.
The President has requested $28.2 million for the Minority Business
Development Agency (MBDA), which is about $1 million above the $27.3 million
appropriated for FY2000. The House Appropriations Committee recommends the
same amount appropriated for FY2000. The House approved this amount. The
Senate Appropriations Committee has recommended a slightly lower level of $27.0
million.
The Patent and Trademark Office (PTO) is fully funded by user fees collected
from customers. The Consolidated Appropriations Act, P.L. 106-113, provided the
PTO with the authority to spend $871 million for FY2000 (although there are no
direct appropriations from the General Fund). Included in this figure are $755 million
from current year fees and $116 million in carryover fees. This is an increase of 11%
over FY1999 (when funds were returned to the Treasury to balance the budget).
For FY2001, the President has requested that the PTO be given budget authority
to spend $1038.7 million; $783.8 million derived from fees expected to be paid to the
Office during FY2001, $229 million from FY2000 carry over fees, and $25.9 million
in fees originally collected in FY1999. The estimated total of patent and trademark
charges to be collected in FY2001 is $1151.5 million, of which $367.7 million can not
be spent until FY2002.
H.R. 4690, as passed by the House, provides the Patent and Trademark Office
with the authority to spend $904.9 million of which $650 million is to be derived
14 For background, see: Economic Development Administration: Overview and Issues, CRS
Issue Brief 95100, by Bruce K. Mulock.

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CRS-27
from fees collected in FY2001 ($501.5 million less than the estimated $1151.5
million) and $254.9 million from funds carried over since FY1999 and FY2000. The
version of this bill reported to the Senate from the Committee on Appropriations
would permit the PTO to spend $1038.7 million, the same as the President’s budget
request. Included in this is $783.8 million from FY2001 fees ($112.8 million less than
the expected collections) and $254.9 million from prior fiscal years.
Appropriation measures that limit the Patent and Trademark Office’s use of the
full amount of fees collected in the current fiscal year remain an area of controversy.
Opponents argue that since agency operations are supported by fees for services, the
total amount of the fees collected should be available to provide for those services in
the year the expenses are incurred. They claim that the fees not used instead fund
other, non-related programs. Proponents maintain that fees generated in past years
and made available in the current fiscal year make up any difference.

The President requested $2.76 billion in budget authority for the National
Oceanic and Atmospheric Administration (NOAA) for FY2001.15 This amount is
$435 million greater than FY2000 appropriations, an increase of 19%, and is 12%
greater than the $2.5 million requested by the President for FY2000. Of the FY2001
request total, nearly $1.9 billion (68%) was slated for Operations Research and
Facilities (ORF), and $635 million (22%) for Procurement, Acquisition, and
Construction (PAC). Other NOAA funding would total $281 million (10%). The
request included $160 million for Pacific Coastal Salmon Recovery (PCSR), and
related treaty implementation; $100 million for a newly proposed Coastal Impact
Assessment Fund; and $10 million for a Fisheries Assistance Fund. NOAA requested
new budget authority of $30 million through collection Navigation Services and
Fisheries Management and Enforcement fees. The President requested increased
funding for NOAA’s part in Committee on Environment and Natural Resources
(CENR) initiatives including National Disaster Reduction ($110 million); Land
Legacy ($265.8 million); South Florida Ecosystems Restoration Initiative ($1.6
million); Clean Water ($6.9 million); DOC Minority Serving Institutions ($17 million);
and grants under the Coastal Zone Management Act ($92.7 million). New in the
FY2001 request were a Climate Observation and Services Initiative ($28 million) and
America’s Ocean Future Initiative (former “Ocean 2000" initiative increased by $52
million).
Funding for traditional line offices at NOAA were requested as follows:
National Ocean Service (NOS) $517 million ($11 million of that PAC), includes $100
million for Coastal Impact Assessment Fund; National Marine Fisheries Service
(NMFS) $657 million ($22 million PAC), includes $160 million for Pacific Salmon
Recovery and $10 million for Fisheries Assistance Fund; Oceanic and Atmospheric
Research (OAR) $319 million ($11 million PAC), includes $32 million for Climate
Observation and Services and $59 million for Sea Grant; National Weather Service
(NWS) $710 million ($75 million PAC); National Environmental Satellite Data and
Information Service (NESDIS) $613 million ($505 million PAC), includes funding for
15 This figure reflects a new FY2001 base, originally reported as $2,77.8 million, but adjusted
for a federal spending cut of 0.38 percent that was negotiated between Congress and the
President as part of the final CSJ spending agreement for FY2000.

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a new satellite operation facility in Suitland, MD; Program Support (PS) $87 million
($16 million PAC), includes $17 million for Minority Serving Institutions and $15.8
million for a Commerce Administrative Management System; Facilities (FAC) $9
million ($3 million PAC); and Office of Marine and Aviation Operations (OMAO),
formerly Fleet Planning and Maintenance and Aircraft Services under PS), $21 million
($200,000 PAC).
The House passed H.R. 4690 on June 26, 2000, approving funding levels
recommended by the House Appropriations Committee On June 14, 2000 (H.Rept.
106-680), with one amendment. This amounted to $2.23 billion for NOAA, which
is about 5% less than that appropriated by Congress for FY2000, and about 19% less
than the President’s request of $2.761 billion for FY2001. The House approved ORF
funding at $1.607 billion, about $30 million less than the President’s request. PAC
funding was approved with an amendment for additional funding for NMFS at $566
million for FY2001, which was $1.2 million more than House Appropriations
Committee recommendations. The balance of other NOAA appropriations totaled
$63.4 million. Major funding differences between final House approved levels and the
President’s request include a $145 million reductionfor NOS and a $50 million
reduction for NMFS. In addition, the House approved $58 million of the $160 million
requested for PCSR. Most NOAA programs were funded at, or slightly below,
FY2000 appropriations levels, with few exceptions. Some CENR initiatives were not
funded because the committee cited that many of these programs were not authorized.
The House funded NOAA line offices as follows: NOS-$260.6 million; NMFS;
$405.4 million; OAR-$264.6 million; NWS-$621.7 million; NESDIS-$106.6 million;
PS-$58.1 million (includes aircraft services); FM&P-$7 million; FAC-$11 million; for
an ORF Total $1,607 million. PAC was approved at $ million but, the House did not
approve advanced appropriations for PAC of $6,417.5 million through FY2019. No
funding was approved for GLOBE or Climate Observations and Services (OAR), nor
was the $100 million for Coastal State Grants to mitigate the impacts of offshore
drilling activities and other purposes, for which the House cited $1 billion of
mandatory funding passed previously in H.R. 701. The House did not approve an
increase in NOAA budget authority of $30 million from collection of proposed
offsetting fees.
On September 8, 2000, the Senate Appropriations Committee reported H.R.
4960 (S. Rept. 106-404). The Committee approved a total of $2.687 billion for
NOAA. This amount was 21% higher than House passed levels for H.R. 4690, about
3% below the Clinton Administration’s request, and about 15% greater than FY2000
appropriations. Of this amount, $1,961 million in budget authority was approved for
ORF, with $66.2 million of that to be derived from PDAF. This amount was 22%
greater than the House approved levels, and 6% greater than the President’s request
for ORF for FY2001. PAC funding was approved at $669.5 million, which is 5%
greater than levels requested by the President, but 16% above House approved levels.
Committee line totals for NOAA are as follows: $321.3 million for NOS,
which is 23% greater than House levels and 21% less than the FY2001 request;
$543.9 million for NMFS, which is 34% greater than House levels and 20% greater
than the request; $318.2 million for OAR, which is 20% greater than House levels and
about 5% greater than the request for FY2001; $632.5 million for NWS, 1.7% below
the House and 0.7% less than the FY2001 request; $112.1 million for NESDIS; $71.3

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CRS-29
million for PS; $19 million for FM&P; $35.3 million for FAC. PAC would receive
$669.5 million which is about 5% greater than the President’s request of $635 million
for FY2001, but 18.5% greater than House approved levels of $565 million. PCSR
would be funded at $58 million, the same as House approved levels. CZMF was
approved at $3.2 million, $0.8 million below the House and President’s request.
Other fisheries supporting accounts were approved at $1.5 million, slightly higher than
House and President’s request for FY2001. No funding was approved for GLOBE.
The Senate Appropriations Committee concurred with the House and did not approve
$100 million for a coastal assessment fund or $30 million in new budget authority
from proposed offsetting fees. However, the Committee did approve $14 million of
the $32 million requested for Climate Observation and Services initiative for ocean
observations. Sea Grant was funded $64.8 million and underwater research at $17
million, significantly higher than the President’s request. Increases were also realized
for aircraft services, fleet maintenance and planning, and $15 million was included for
construction of a new NOAA facility in Suitland, MD.
The National Institute of Standards and Technology (NIST) received an
appropriation of $639.0 million in FY2000 after the recission mandated in P.L. 106-
113. This is fundamentally the same support as the previous year but 13% below the
President's request. Funding includes $282.1 million for the Scientific and Technical
Research and Services (STRS) account (with $4.9 million for the Baldrige Quality
Program); $246.8 million for Industrial Technology Services (ITS), including $142.6
million for the Advanced Technology Program (ATP) and $104.2 million for the
Manufacturing Extension Partnership (MEP); and $106.9 million for construction.
Continued financing of the Advanced Technology Program has been a major
funding issue. ATP provides seed financing, matched by private sector investment,
to businesses or consortia (including universities and government laboratories) for
development of generic technologies that have broad applications across industries.
Opponents of the program cite it as a prime example of “corporate welfare,” whereby
the federal government invests in applied research activities that, they maintain, should
be conducted by the private sector. The Administration has defended ATP, arguing
it assists businesses (and small manufacturers) develop technologies that, while crucial
to industrial competitiveness, would not or could not be developed by the private
sector alone. For FY2000, the appropriations bill passed by the Senate included a
15% increase in funding for ATP. However, H.R. 2670, as passed by the House,
contained no appropriation for ATP. The accompanying House Committee report
stated that the program has not produced a body of evidence to overcome those
fundamental questions about whether to program should exist in the first place. While
the Advanced Technology Program was ultimately funded in the version of the bill
that became law, the support provided, $142.6 million, reflects a 28% decrease from
FY1999. As passed by the House, H.R. 4690 does not include any ATP funding for
FY2001.
The President’s FY2001 budget requests $713 million for NIST. This amount
is 12% above the current fiscal year. Included in this is $337.5 million for the STRS
account (with $5 million for the Quality Program). Support for ITS would total
$339.6 million of which $175.5 million is for ATP (an increase of 23%) and $114.1
is for MEP (9.5% above FY2000). In addition, a new program under ITS, the
Institute for Information Infrastructure Protection (IIIP), is funded at $50 million.
This effort will support R&D designed to protect information and telecommunications

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infrastructures from attack or other failures. The construction budget would be $35.9
million.
H.R. 4690, as passed by the House, provides funding for NIST at $422.9
million for FY2001, a decrease of 34% from the previous year and 41% below the
President’s request. Most of the decrease in support is due to the absence of funding
for the Advanced Technology Program and a decrease in the construction budget as
the building of the new measurement laboratory progresses. Included in this figure
is $292.1 million for the STRS account, $104.8 million for the Manufacturing
Extension Program under ITS, and $26 million for construction.
The version of H.R. 4690 reported from the Senate Appropriations Committee
would make available $596.6 million for NIST. Included in this FY2001 funding is
$305 million for STRS activities (an 8% increase over FY2000), $109.1 million for
MEP (a 5% increase), $153.6 million for ATP (8% above the previous year), and
$28.9 million for construction. The decrease in support for construction reflects
activities to complete building the new advanced measurement laboratory.
The Office of the Undersecretary for Technology and the Office of
Technology Policy (OTP) was funded at $7.9 million in FY2000, a 21% decrease
from the previous fiscal year. Part of the decline in support was due to the decision
to cease the awarding of grants under the Experimental Program to Stimulate
Competitive Technology (EPSCoT) and perform an evaluation of the project. This
activity is designed to strengthen the technological infrastructure in states that are “...
traditionally under-represented in federal R&D funding.” For FY2001, the President
has requested $8.7 million for OTP, 9.3% above the current funding levels. H.R.
4690, as passed by the House, would provide support at $7.9 million, the same as
FY2000. The version reported by the Senate Appropriations Committee funds OTP
at $8.2 million, a 4% increase.
The National Technical Information Service (NTIS) currently receives no
direct federal appropriation -- it is funded solely through revenue generated from
publications sales and other services. On August 12, 1999, the Department of
Commerce announced its intention to close NTIS, citing decreased sales revenue and
the increasing availability of government information online. DOC proposed
transferring NTIS collections to the Library of Congress, and developed legislation
to direct the transfer and require that technical information from federal agencies
remain available to the public. Many in the library community and others have urged
against the immediate shutdown of NTIS, arguing that the public’s access to
government technical information could be impaired. A preliminary assessment of the
proposed closure of NTIS, conducted by the U.S. National Commission on Libraries
and Information Services (NCLIS), was released on March 16, 2000. The NCLIS
report recommended that NTIS be retained in the DOC through FY2001, while
NCLIS, in association with public and private stakeholders, conducts an in-depth
analysis of NTIS’s status and future. For FY2001, NCLIS recommended that
Congress appropriate $5 million in order to sustain NTIS operations.
The Administration’s FY2001 budget proposal requested a supplemental
appropriation of $4 million in FY2000 funds for the purpose of shutting down NTIS.
Congress has not approved the Administration’s request for a FY2000 supplemental

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appropriation. For FY2001, neither the House Appropriations nor the Senate
Appropriations committees have recommended any direct appropriation for NTIS.
The National Telecommunications and Information Administration
(NTIA) provides guidelines and recommendations for domestic and global
communications policy, manages the use of the electromagnetic spectrum for public
broadcast, and awards grants to industry-public sector partnerships for research on
new telecommunications applications and development of information infrastructure.
For the current fiscal year, the budget for NTIA includes funding for its operations,
administration, salaries, and expenses; support for the Technology Opportunity
Program (TOP), formerly called the Technology Information Infrastructure Assistance
Program; and continued development and construction of public broadcast facilities.
In addition, for FY2001, the Clinton Administration has requested that NTIA’s
budget include programs to address the perceived “digital divide” separating the
Internet “haves” from the Internet “have nots.”
For FY2001, the Clinton Administration has requested an overall budget for
NTIA of $423 million, well above its FY2000 funding of $52.9 million. While the
House Appropriations committee recommended $57.4 million for NTIA in FY2001,
the Senate Appropriations has recommended $76.9 million for NTIA’s overall budget
in FY2001. Among the most significant increases within the NTIA budget would
come from the Administration’s request for public broadcast facilities, planning, and
construction. For FY2001, the Clinton Administration has requested $110.1 million
for public broadcast facilities, planning, and construction, well above the $26.5 million
appropriated for this program for FY2000. The House approved $31 million for this
NTIA activity in FY2001, while the Senate Appropriations has approved $50 million
for this program. For NTIA salaries and expenses, the Clinton Administration has
recommended $20.3 million for FY2001, an increase over FY2000 appropriations of
$10.9 million; the House approved funding of $10.9 million for salaries and expenses
while the Senate Appropriations approved $11.4 million. FY2001. For the TOP, the
Administration has requested: $45.1 million for FY2001, an increase from the
FY2000 appropriation of $15.5 million. The House and Senate Appropriations both
approved $15.5 million for TOP in FY2001.
The Clinton Administration has recommended the creation of several new
NTIA programs to address the issue of the future of the Internet and their concerns
about a “digital divide.” A new grant program, the Home Internet Access program,
would provide Internet access for low-income families and individuals. The
Administration has recommended $50 million in FY2001 to start this program. The
Clinton Administration also has requested $2 million for NTIA to help develop
broadband technology for the Next Generation Internet. The Administration also is
requesting new funding for the agency’s participation in the government-wide effort
to provide critical information infrastructure protection, at $6.3 million. The
Administration also requests $400,000 in permanent funding for NTIA to participate
in its annual nationwide survey on Internet use, Falling Through the Net, and
$200,000 for NTIA’s participation in digital spectrum management. The House
Appropriations committee did not recommend any funding for this program in its
FY2001 recommendation, the House followed the committee’s action when
approving H.R. 4690, and the Senate Appropriations action has been consistent with
the House bill.

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The Government Performance and Results Act (GPRA) enacted by
Congress in 1993 (P.L. 103-62; 107 Stat 285) requires that agencies develop strategic
plans that contain goals, objectives, and performance measures for all major
programs. The strategic plan issued by the Department of Commerce in 1997
enunciated three strategic themes:
! Theme l. Build for the future and promote U.S. competitiveness in
the global marketplace, by strengthening and safeguarding the
nation’s economic infrastructure.
! Theme 2. Keep America competitive with cutting edge science and
technology and a world class information base.
! Theme 3. Provide effective management and stewardship of the
nation’s resources and assets to ensure sustainable economic
opportunity.
As stated by the Department:
The Themes within the Commerce Strategic Plan help identify and capitalize
on relationships among bureaus and on partnerships with other agencies and
external groups. The Strategic Plan supports the concept that strong
working relationships will serve to strengthen the effectiveness of the
Department as a whole, as well as demonstrate how individual bureaus
logically and critically support the core mission of the Department.
The Commerce Strategic Plan provides the framework for strengthening
existing relationships among bureaus and with external partners. Success for
Commerce programs in the changing technological world and global
economy will depend increasingly on alliances with businesses and industry,
universities, State and local governments, and international parties.16
In its Budget in Brief for FY2001, the Department stated that:
With the publication of the first Annual Program
Performance Report in March 2000, the Department will
have completed the first full cycle of GPRA mandated
activities involving the Strategic Plan, the Annual
Performance Plan, and the Annual Performance Report.
The revised Commerce Strategic Plan (FY2000-FY2005)
will be submitted to Congress in September 2000, and it
will replace the first Strategic Plan (FY1997-2002) that
was issued in September 1997.
Commerce Department Abolition Issue Since the beginning of the 104th
Congress, several legislative proposals have been considered that called for the
abolition of the Department of Commerce by eliminating certain departmental
16 For more information on the strategic plan’s goals, objectives and performance measures
see The Department of Commerce Budget in Brief, Fiscal Year 2000 (pp. vii-ix).

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functions and allowing others to operate as independent agencies or be transferred to
other federal agencies. Those in Congress who have favored the abolition of the
Department argued that it “is an unwieldy conglomeration of marginally related
programs, nearly all of which duplicate those performed elsewhere in the federal
government.” The Clinton Administration, on the other hand, has strongly opposed
abolishing the Commerce Department, arguing that “it would result in the needless
shuffling of governmental functions while eliminating successful activities that clearly
benefit the American people,” especially in areas that promote economic growth,
increase the international competitiveness of U.S. firms in global markets, and
advance U.S. technology. None of these proposals passed 104th Congress.
There continued to be some congressional interest in reorganizing or
downsizing the Department in the 105th Congress, although interest in abolishing the
Department was considerably less than in the 104th Congress.17 A bill calling for
abolition of the Department was introduced by Representatives Royce and Kasich
and several other cosponsors (H.R. 2667) on October 9, 1997. This bill was referred
to the House Committee on Commerce and two other House Committees that have
jurisdiction over certain functions of the Department. A very similar version of the
proposal was also introduced in the Senate by Senator Abraham and others on
October 24, 1997 (S. 1316). This was referred to the Senate Governmental Affairs
Committee. No further action was taken on this issue. In the current Congress,
similar legislation was introduced by Representative Royce on July 1, 1999--H.R.
2452. The bill was referred to several committees: Commerce, Transportation and
Infrastructure, Banking and Financial Services, International Relations, Armed
Services, Ways and Means, Government Reform, the Judiciary, Science, and
Resources. No further action has been taken in the House. No similar legislation has
been introduced in the Senate.
The Judiciary
For FY2001 the House has approved its Appropriations Committee
recommendation of $4.21 billion in total budget authority for the Judiciary, $248.4
million, or 6.3%, more than the $3.96 billion enacted for FY2000. For its part, the
Senate Appropriations Committee has recommended $ $4.23 billion in total funding
for the Judiciary. Earlier the Judiciary had requested $4.42 billion in total budget
authority, an 11.7% increase over FY2000 funding.

At the start of House floor debate on the CJS-Judiciary appropriations bill, the
chairman of the House CJS Subcommittee, Representative Rogers, said that the total
appropriated for the Judiciary was at a level
. . . just to allow the courts to maintain their current operations and to
provide for a limited number of programmatic increases, and to allow the
new judges that are being appointed and new courthouses being opened in
order to staff those offices. These increases are in line with those provided
17 For information , see CRS Report 95-834, Proposals to Eliminate the U.S. Department of
Commerce: An Issue Overview, by Edward Knight.

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CRS-34
to maintain our commitment to law enforcement. We cannot increase the
investigators without increasing the courts to handle them . . . .18
Similar to FY2000, the Judiciary’s budget request for FY2001 focused
primarily on total obligations as opposed to appropriated funds. For FY2001, the
Judiciary had requested $4.65 billion in total obligations, an increase of $363 million,
or 8.5%, over FY2001 obligations of $4.28 billion. Of this requested increase $258
million was for adjustments to base for mostly fixed costs such as building rent and
cost-of-living adjustments.19 The balance of $105 million was requested to enable the
courts to return to an FY1999 level of service, to provide adequate courtroom
security, and to fund additional magistrate judges.
Much of the Judiciary’s requested increase was traceable to the largest
Judiciary account, Salaries and Expenses for the Courts of Appeals, District Courts
and Other Judicial Services. This account funds the salaries and benefits of judges
and supporting personnel and all operating expenses of the U.S. Courts of Appeals,
District Courts, Bankruptcy Courts and the U.S. Court of Federal Claims. The
Judiciary had requested an FY2001 appropriation of $3.50 billion for this
account—$375.6 million, or 12.0 % more than $3.12 billion enacted for FY2000.
The House has approved, as recommended by its Appropriations Committee, an
appropriation of $3.33 billion for the account, $169.9 million less than the Judiciary’s
request but 6.9% more than the FY2000 funding amount. (The Appropriations
Committee noted that $231.5 million also would be available to this account from
other sources, including current year fee collections and carry-over of unobligated
balances.) The Senate Appropriations Committee has recommended $3.36 billion in
total funding for this account for FY2001, which is almost the same level as that
approved by the House.20
A key concern of the Judiciary for the Salaries and Expenses account has been
restoring the courts to an FY1999 level of service. FY1999, according to the
Judiciary, marked the first time in recent years that it did not receive an appropriation
sufficient to maintain staffing at the level needed to keep up with increasing
workload—with funding for FY2000 staffing in turn falling below fiscal 1999 staff
levels. The Salaries and Expenses request for F2001, according to the Judiciary,
18 Rep. Harold Rogers, “Departments of Commerce, Justice, and State, the Judiciary, and
related Agencies Appropriations Act, 2001,” remarks in the House, Congressional Record,
daily edition, vol. 146, June 22, 2000, p. H4962.
19 The $258 million in adjustments to the 2000 base would cover higher GSA rent for
inflation, pay and benefit cost adjustments (including a proposed cost of living salary
adjustments for judges in FY2001), increases in contract rates and information technology
costs, annualization of the FY2000 panel attorney rate increase approved by Congress as well
as a proposed FY2001 rate increase for panel attorneys, increases for judicial officer
confirmations and judges taking senior status, and increases in the number of representations
in the Defender Services program.
20 In its amended version of H.R. 4690, the Committee, in Title VIII of the bill, also has
designated an additional $4.4 million for this account as emergency spending under the
Balanced Budget and Emergency Deficit Control Act of 1985. This funding has been
earmarked for “expansion, relocation, forced move and build out of existing courthouses.”

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included funding to restore court staffing “not to the level required to process the
judiciary’s workload according to our work measurement studies, but only to the level
of service provided in fiscal year 1999.”21 The request also included a program
increase of $3.8 million for nine new magistrate judges and related support staff. The
additional magistrate judges, according to the Judiciary, were required to assist U.S.
district judges with an increased volume of civil and criminal cases before the courts.
An urgent development making the requested budget increase necessary,
according to the Judiciary, was what it called the explosion of workload in judicial
districts on the nation’s Southwestern border. Nationwide, criminal case filings in the
federal courts continue to grow steadily. After a 15% increase in FY1998, criminal
case filings increased 4% in FY1999 and were expected to grow by 8% in FY2000.
(The Judiciary noted that due to the complexity of criminal prosecutions, particularly
multi-defendant drug cases, criminal case filings tend to be the most time and resource
consuming.) The year-to-year increases in criminal filings, the Judiciary explained,
were largely attributable to an enormous growth of filings in the southwestern United
States border district courts of Arizona, California Southern, New Mexico, Texas
Southern and Texas Western. In FY1999, these five district courts alone accounted
for 71% of the total increase in criminal case filings and “for a staggering 27% of all
federal criminal case filings, mostly for drug and immigration offenses.”22
In response to workload increases in judicial districts along the nation’s
Southwest border with Mexico, the Senate Appropriations Committee, in its report
on H.R. 4690, recommended that funds saved in the FY2001 account of the
Administrative Office of the U.S. Courts be redirected to these Southwest border area
courts. Also, in a newly added Title VIII of the CJS-Judiciary bill, devoted to
emergency spending for the “Southwest Border Initiative,” the committee provided
for $4.4 million in emergency spending for “expansion , relocation, forced move and
build out of existing courthouses,” and $2.6 million for Court Security—in particular,
for court security officers, X-ray machines, metal detectors and radios.
One of the more sensitive parts of the Judiciary’s budget in recent years has
been Defender Services. This account funds the operations of the federal public
defender and community defender organizations, and the compensation,
reimbursement and expenses of “panel attorneys.” The latter are private practice
attorneys appointed by the courts under the Criminal Justice Act to serve as defense
counsel to indigent individuals accused of federal crimes. For FY2001 the Judiciary
requested an appropriation of $440.4 million for Defender Services, a 14.3% increase
21 The requested increase included 74 FTE and $5.5 million for appellate and circuit
administration units, 186 FTE and $11.9 million for district courts, 300 FTE and $16.6
million for bankruptcy courts, and 695 FTE and $48.7 million for probation and pretrial
services units.
22 The Judiciary: Congressional Budget Summary Fiscal Year 2001, p. 3. (Hereafter cited as
Judiciary Budget Summary) “These increases over the past few years,” the Judiciary
explained, were “attributed to increases in law enforcement resources at the border. Since
1994, the number of border patrol agents has increased by 99%; INS agents, 93%; and DEA
agents, 155%. However, funding for court staffing has remained basically flat since fiscal
year 1998.” Ibid., p. 41.

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over FY2000 budget authority of $385.1 million. As recommended by the House
Appropriations Committee, the full House has approved an appropriation of $420.3
million for this account, $20.0 million less than the Judiciary’s request but $35.2
million, or 9.1%, more than total FY2000 funding. (In addition, the Appropriations
Committee said, $8.1 million would be available to Defender Services from prior year
unobligated balances.) The Senate Appropriations Committee has recommended
$416.4 million in total Defender Services funding for FY2001, about $3.9 million (or
about 1 %) below the amount approved by the House.
A matter of increasing concern to the Judiciary has been the low rate of pay
panel attorneys receive under the Criminal Justice Act relative to compensation paid
to private counsel by other government agencies. In his 1999 Year-End Report on
the Federal Judiciary, Chief Justice William H. Rehnquist asserted that the rate of pay
for panel attorneys “is seriously hampering the ability of the courts to recruit and
retain qualified panel attorneys to provide effective representation.” The Chief Justice
urged Congress to provide funding for all panel attorneys up to the maximum
authorized by Congress in 1986—namely, $75 per hour for both in-court and out-of-
court time. Prior to FY2000, Congress had appropriated funds to pay the $75 per
hour maximum in portions of 16 of the nation’s 94 judicial districts. Congress then
approved panel attorney rates of $70/$50 for in-/out-of-court time, effective January
2000, for all judicial districts, representing a $5 per hour increase over FY1999 rates.
The Judiciary’s FY2001 request for Defender Services included funds sufficient to pay
all panel attorneys at the $75 per hour rate, effective April 2001. The cost of this
increase would be $11.3 million.
The Appropriations Committees have differed in their response to the
Judiciary’s request for an increase in panel attorney pay rates. In its report on H.R.
4690, the House Appropriations Committee said it was “generally supportive of an
increase” in panel attorney rates and proposed an increase to $75/$55 for in-/out-of-
court time. By contrast, the Senate Appropriations Committee, in its report, explicitly
stated, “No funding is provided to increase panel attorney rates of compensation
beyond what was provided in fiscal year 2000.”
During consideration both of the Judiciary’s FY1999 and FY2000 budgets,
congressional appropriators had expressed concerns about rising Defender Services
costs. A continuing concern had been Defender Services costs of compensating
attorneys who represent indigents in federal death penalty and death row appeal cases
(often referred to as “capital cases”). In its FY20001 budget submission to Congress,
the Judiciary noted various ongoing initiatives on its part to contain costs for federal
capital habeas corpus cases.23 The Judiciary also said it was continuing to pursue
23 These initiatives, the Judiciary said, included the establishment of case budgets at the onset
of cases, training programs to improve case management, and improved procedures for
reviewing attorney payment vouchers. According to the Judiciary, as a result of these
initiatives, the average cost per petitioner in capital habeas corpus cases in the U.S. Court of
Appeals for the Ninth Circuit had decreased by 38% from FY1996 to FY1999, from $76,506
to $47,675. (In recent years, it has been in the Ninth Circuit that some of the most expensive
capital case representations have occurred.)

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implementation of recommendations included in its January 1998 report to Congress
on controlling costs associated with the Defender Services Program.
In its June 14, 2000 report on H.R. 4690, the House Appropriations
Committee noted that it had received a report regarding measures undertaken by the
U.S. Court of Appeals for the Ninth Circuit to reduce costs for capital habeas corpus
representations in the Circuit’s District Courts, particularly the District Courts in
California. Those measures, the Committee noted, appeared to be working, “as
evidenced by the 40 percent reduction in the average annual cost per petitioner in the
Ninth Circuit.” While commending the Ninth Circuit for its efforts to reduce costs,
the Committee observed that the average cost in California “is still almost twice that
of the national average. Accordingly the Committee urges the Ninth Circuit to
continue its cost cutting efforts and to include results in its Optimal Utilization of
Judicial Resources Report.”

For FY2001, the Judiciary also requested funding for a 3.7% cost-of-living
increase in judges’ and justices’ salaries. This adjustment, the Judiciary observed,
was consistent with the expected FY2001 salary increase for the federal
government’s General Schedule employees. The Judiciary contended that this
requested adjustment, and subsequent adjustments on an annual basis, were “essential
if the judiciary is to maintain its high standards.”24 The cost of this increase would be
$8.8 million in FY2001. In its FY2001 budget submission, the Judiciary presented its
request for salary increases in the form of “adjustments to base” in several of its
Salaries and Expenses accounts, rather than as one separate appropriations request.
The House, however, has declined to include an appropriation for increased
judicial salaries in FY2001. (The House Appropriations Committee, in its report on
H.R. 4690, stated that it had “deferred without prejudice” the Judiciary’s request for
a pay adjustment).25 By contrast, the Senate Appropriations Committee has approved
the Judiciary’s pay increase request. In its amended version of H.R. 4690, the Senate
committee has both authorized a salary adjustment for justices and judges during
FY2001 and appropriated $8.8 million for that purpose. If, ultimately, the salary
adjustment is agreed on by the House and Senate and becomes law, the judicial salary
increase would be limited to 2.7%.26 The adjustment rate of 2.7% would be based on
24 The Judiciary added, in its FY2001 budget submission to Congress, that it would prefer that
these cost-of-living adjustments be automatically applied to judges, as provided for in the
Ethics Reform Act of 1989, “without the necessity of a separate affirmative authorization
under section 140 of P.L. 92-97.”
25 Earlier, in November 1999, in response to a request from the Judiciary, Congress
authorized for FY2000 an upward 3.4% salary adjustment for judges, appropriating $9.6
million for this purpose. This was the second cost-of-living adjustment for judges and justices
since 1993, the other being a 2.3% increase in January 1998. The Judiciary noted that until
the January 1998 salary adjustment, judges “were the only career federal employees who had
not received an ECI [Employment Cost Index] adjustment in the previous four years.”
26 The current salaries of Article III (lifetime appointment) judges is as follows: Chief Justice
of the United States—$181,400; Associated Justices of the Supreme Court—$173,600; U.S.
Court of Appeals judges—$149,900; U.S. District Court judges—$141,300; and judges on
(continued...)

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a formula set by law involving the Employment Cost Index (ECI), as well as be
limited by the General Schedule (GS) salary adjustment rate.27
Related to the issue of judicial salaries, the Senate Appropriations Committee
has included language in its version of H.R. 4690 concerning honoraria received by
justices and judges. (By contrast, there is no language in the House-passed version
of H.R. 4690 relating to honoraria for judges.) Specifically, Section 305(a) in the
General Provisions of Title III of the Senate bill provides that a statutory prohibition
against Members of Congress or Government officers or employees receiving
honoraria shall not apply to “any individual while that individual is a justice or judge
of the United States.”28 At the same time, Section 305 authorizes the Judicial
Conference, if it so chooses, to set its own honoraria limits for justices and lower
federal court judges.29
Section 305 also excludes honoraria received by judges from the definition
of “outside earned income” in 5 U.S.C. App. Sec 501(a); thus, judicial honoraria
apparently would not be subject to the statutory curb , in effect since 1989, which has
limited the “outside earned income” of judges (and of officers and employees in the
legislative and executive branches) to 15% of a level II in the Executive Schedule.30
The Judiciary requested a substantial increase for Court Security, the account
which covers the expenses of security and protective services for the lower federal
courts in courtrooms and adjacent areas. For FY2001, the Judiciary sought an
appropriation of $215.4 million for this account, an 11.6% increase over FY2000
funding of $193.0 million. ($8 million of the increase would fund 72 additional court
security officer positions and court security equipment in new federal courthouses and
26 (...continued)
the U.S. Court of International Trade—$141,300.
27 For a precise explanation of the rate adjustment formula, as it affects the salary level of
federal judges, see U.S. Library of Congress, Congressional Research Service, Judicial
Salaries: Current Situation, by Sharon S. Gressle, CRS Report RS20278, updated Sept. 13,
2000 (Washington: continually updated), pp. 1-3.
28 The honoraria prohibition is contained in Section 501(b) of 5 U.S.C. App., Ethics in
Government Act of 1978. However, Section 501(b), it should be noted, was struck down by
the Supreme Court in 1995 as a violation of the First Amendment, in United States v.
National Treasury Employees Union, 115 S. Ct. 1003, 1018 (1995).
29 Specifically, Section 305(b) directs the Judicial Conference to promulgate regulations
under section 503 of the Ethics in Government Act of 1978 “to carry out the amendments
made by this section, including any regulation relating to any limitation on amounts of
honoraria or payments made to charitable organizations in lieu of honoraria.” By way of
explanation, the Senate Appropriations Committee report on H.R. 4690 states simply that
“Section 305 amends section 501 of 5 U.S.C. App. .”
30 For an analysis of the status of the statutory honoraria ban and outside earned income limit,
and their application to federal judges, see U.S. Library of Congress, Congressional Research
Service, Application of Statutory Ban on Honoraria and Outside Earned Income Limit to
Judicial officers and Employees, by Jack Maskell, CRS General Distribution Memorandum
(Washington, September 14, 2000), 3 p.

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CRS-39
in existing facilities with known security problems.) The House, as recommended by
its Appropriations Committee, has approved $198.3 million for this account, $17.1
million less than the Judiciary’s request but $5.2 million, or 2.7%, more than FY2000
funding. The Senate Appropriations Committee has recommended a slightly higher
amount of for Court Security in FY2001–$199.6 million,31 in addition (as noted
above) to providing for $2.6 million in emergency spending for court security as part
of the “Southern Border Initiative” title of its CJS-Judiciary bill (Title VIII).
Of all of its budget accounts, the Judiciary requested the largest proportional
increase in funding for the United States Sentencing Commission, which sets,
reviews, and revises sentencing guidelines and policies for the federal criminal justice
system. The Judiciary requested $10.6 million for the Commission in FY2001, a
24.7% increase over its FY2000 appropriation of $8.5 million. Throughout most of
FY1999 and part of FY2000, all of the seats on the seven-member Sentencing
Commission were vacant, and against this backdrop of disarray in the Commission,
Congress decreased its FY2000 appropriation 10.4% below its FY1999 funding
level of $9.5 million. The FY2001 request sought restored funding for the
Commission at a full staffing level. As recommended by the House Appropriations
Committee, the House has approved $9.6 million for this account, $1 million less
than the Judiciary’s request but $1.1 million, or 13.1%, more than FY2000 funding.
The Senate Appropriations Committee has recommended $9.9 million for the
Commission in FY2001, which is slightly higher than the House total.
The Judiciary also requested an additional $10 million in program increases
for what it characterizes as small staffing increases for the Court of Appeals for the
Federal Circuit, the Supreme Court of the United States, the Administrative Office
of the U.S. Courts, and the Federal Judicial Center. Specifically, the Supreme Court
requested $37.7 million for its Salaries and Expenses account, a 6.2% increase over
FY2000; meanwhile, a decreased appropriation of $7.5 million for the Court’s
Building and Grounds account was requested, down 6.3% from FY2000 funding of
$8.0 million.32 Following the recommendation of its Appropriations Committee, the
House has approved $36.8 million for the Court’s Salaries and Expenses account and
$7.5 million for Buildings and Grounds. The Senate Appropriations Committee has
recommended $37.6 million for Court Salaries and Expenses and $7.5 million for
Building and Grounds.
31 In its amended version of H.R. 4690, the Committee, in Title VIII of the bill, also has
designated an additional $2.5 million for Court Security as emergency spending under the
Balanced Budget and Emergency Deficit Control Act of 1985.
32 The Building and Grounds request sought, among other things, $700,000 for renovations
to the telecommunications infrastructure for the Court’s cabling system and $1.5 million for
further design of the building improvement and systems upgrade master plan. A total of $2.6
million in non-recurring items, funded in FY2000 on a one-time basis, were subtracted from
the account’s FY2001 budget request. The largest of these non-recurring FY2000 items were
$400,000 for driveway barriers, $100,000 for mock-up design coordination, and $2 million
“for a demonstration area of bullet-resistant glass.” The Judiciary. Budget Estimates for
Fiscal Year 2001. Congressional Submission, p. 1.27.

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Apart from the Judiciary’s FY2001 budget request, the Judicial Conference
has recommended to Congress the creation of 59 new Article III judgeships and 24
new bankruptcy judgeships, to handle the court’s growing workload. The Judiciary’s
FY2000 appropriation included authorization for nine new U.S. district judgeships,
the first to be created since 1990. However, neither the House-passed FY2001 CJS
bill, H.R. 4690, nor the amended version of H.R. 4690 approved by the Senate
Appropriations Committee, authorizes or provides funding for any additional new
judgeships.33
As part of the budget process, the Government Performance and Results Act
(GPRA) enacted by Congress in 1993 (P.L. 103-62; 107 Stat. 285) requires that
agencies develop strategic plans that contain goals, objectives, and performance
measures for all major programs. However, as noted earlier, the Judicial branch is not
subject to the requirements of this Act.
Department of State and Related Agencies
The Administration’s FY2001 budget request for the Department of State and
international broadcasting totals nearly $7 billion, 10% above the FY2000 enacted
level of $6.3 billion. The request is comparable to the FY1999 enacted level which
had included the $1.56 billion emergency supplemental appropriation for overseas
security and Y2K computer compliance. The House Appropriation Committee
recommended $6.55 million for State and international broadcasting FY2001 budgets.
The House-passed legislation reduces the Department of State total by $10 million (to
$6.54 billion) which is transferred to an unrelated account. The Senate Appropriations
Committee set a similar funding level–$6.56 billion–for both international
broadcasting and the Department of State.
Reorganization of the foreign policy agencies occurred throughout FY1999,
with both the U.S. Information Agency (USIA) and the Arms Control and
Disarmament Agency (ACDA) abolished, and their functions fully merged into the
Department of State as of October 1, 1999. The FY2001 State Department
appropriation includes ACDA and USIA funds. International broadcasting remains
an independent agency, referred to as the Broadcasting Board of Governors (BBG).
The August 7, 1998 terrorist attacks on two U.S. embassies in Africa
prompted the Administration and Congress to seek more funding to protect U.S.
personnel overseas. An immediate response was the $1.56 billion supplemental
enacted by the end of the year. In November 1999, the Overseas Presence Advisory
Panel reported its findings on embassy security needs and recommendations. Also in
November 1999, Congress authorized (P.L. 106-113) $900 million annually for
33 Two non-appropriations bills authorizing the creation of new judgeships have been
introduced in the Senate during the 106th Congress, but neither has received committee
consideration. One of the bills, S. 1145, would (as recommended by the Judicial Conference,
the federal judiciary’s governing body), create 69 Article III judgeships—7 permanent circuit,
4 temporary circuit, 33 permanent district, and 25 temporary district judgeships. The other
bill, S. 2730, would create 13 new U.S. district judgeships—8 permanent and 5 temporary
judgeships— in judicial districts in the Southwest border states

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FY2000 through FY2004 for embassy security spending within the embassy security,
construction and maintenance account (ESCM), in addition to worldwide security
funds in the diplomatic and consular programs account. The final FY2000
appropriation passed by Congress and signed by the President set the total for
overseas security upgrades at $568 million.
The Department of State FY2001 request includes more than $1 billion for
worldwide security upgrades in the diplomatic & consular programs account ($410
million) and the embassy security, construction and maintenance account ($648
million) with which the House concurs. In addition, the Administration is seeking
advance appropriations totaling $3.35 billion for anticipated embassy security needs;
however, the House does not agree with providing funds for future years. Beyond
security needs, the Administration is requesting $431.2 million for regular ESCM
spending. The House full Committee recommended $417 million (about $10 million
less than the FY2000 level for this account) and the House passed that amount. The
Senate full Committee recommends the same–$417 million for ESCM, but would
fund much less–$364 million–for worldwide security upgrades within the ESCM
account. The Senate Committee also specifies $272.7 million within the D&CP
account for worldwide security upgrades.
The President’s FY2001 request of $4,711.2 million for State’s
administration of foreign affairs is nearly $700 million above the FY2000 enacted
level. The FY2001 request includes: $97 million for the capital investment fund, an
increase of more than $20 million in the education and cultural exchanges account,
and a doubling of funds in the emergencies in the diplomatic and consular service
account which pays for embassy evacuations and rewards regarding terrorist arrests.
The House Appropriation Committee recommended slightly less–$4,654.9 million–for
State’s administration of foreign affairs. The House reduced this amount by $10.5
million to $4,644.4 million, transferring out of the diplomatic and consular programs
account $10 million to Legal Services Corp. and $500,000 to the International Water
and Boundary Commission. The Senate Appropriations Committee recommends
$4,465.9 million–$178 million less than the House-passed level. The reduction is
largely because of the reduced level of funding for worldwide security upgrades.
The capital investment fund, which was established in 1994, provides for
purchasing information technology and capital equipment to ensure efficient
management, coordination, operation, and utilization of State’s resources. The
Administration request for FY2001 is $97 million—$17 million above the FY2000
level. Noting the need for improved communication and information technology at
the Department’s headquarters in Washington and in its overseas posts, Congress
authorized $150 million for this account for FY2001. The House full Committee,
however, recommended funding of $79.7 million, just under the current-year level
of $80 million. The House agreed with this amount. The Senate Committee, on the
other hand, set their version of funding for the capital investment fund at $104
million–higher than both the Administration request and the House level.
The United States contributes in two ways to the United Nations and other
international organizations: voluntary payments funded in the Foreign Operations
Appropriations bill and assessed contributions included in the Commerce, Justice, and
State Appropriations measure. Assessed contributions are provided in two accounts,

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CRS-42
international peacekeeping and contributions to international organizations (CIO).
Following a period of dramatic growth in the number and costs of U.N. peacekeeping
missions during the early 1990s, a trend that peaked in FY1994 with a $1.1 billion
appropriation, funding requirements have declined in recent years. The FY2000
enacted appropriation for CIO was $885 million, $500 million for international
peacekeeping, and $351 million for U.S. arrearage payments to the U.N. if certain
reform criteria are met by the United Nations. Only $100 million of the appropriated
arrearage payments have been released because of a lack of U.N. reform.
The President’s FY2001 budget seeks $946.1 million for CIO and $738.7
million for international peacekeeping, with the bulk of funds going for peacekeeping
activities in Kosovo, East Timor, and Sierra Leone. The House Appropriations
Committee recommended setting both accounts below the FY2000 level: CIO–$880.5
million; international peacekeeping–$498.1 million. The House passed these amounts.
The Senate Appropriations Committee is recommending CIO funding of $943.9
million–closer to the Administration request–and $500 million for international
peacekeeping–the same as the FY2000 level and similar to the House level. Also, the
Senate Committee would rescind $217 million of unobligated funds in the
international organizations account.
Education and cultural exchange programs (formerly funded within USIA)
include programs such as the Fulbright, Muskie, and Humphrey academic exchanges,
as well as the international visitor exchanges and Freedom Support Act programs.
As a result of the foreign policy reorganization, this account is within State’s Bureau
for Public Diplomacy and International Exchanges. The FY2000 enacted level for
this account was $205 million, plus $3.6 million within a supplemental for education
and cultural exchanges with Kosovo. In the FY2000 enacted budget, Congress did
not specify an amount for the Fulbright Educational Exchange Program.
The Administration has requested $225 million for education and cultural
exchanges in FY2001. The $20 million increase is to meet wage and price increases,
enhance the Fulbright Program, and fully implement the United States/China High
School Exchange Initiative. The House agreed with the CJS subcommittee and the
full House Appropriations Committee in splitting the difference between the current
budget level and the President’s request, setting the education and cultural
exchange account at $213.8 million. The Senate Appropriations Committee
recommends the requested $225 million to the exchange account for FY2001.
USIA’s international broadcasting operations account, established after
consolidation under the Broadcasting Board of Governors (BBG) in FY1995,
includes Voice of America (VOA), Radio Free Europe/Radio Liberty (RFE/RL),
Cuba Broadcasting, and newer surrogate facilities: Radio Free Asia (RFA), Radio
Free Iraq and Radio Free Iran. When USIA integrated into the Department of State
at the end of FY1999, the BBG became an independent agency. For FY2000,
Congress appropriated $410.5 million for international broadcasting activities and
$11.3 million for capital improvements.
The Administration FY2001 request totals $428.5 million for broadcasting
(including $23.5 million for Cuba Broadcasting) and $19.8 million for capital
improvements. The House Appropriations Committee recommended $419.8 million

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CRS-43
for international broadcasting and $18.4 million for capital improvements. The House
passed these amounts. Included in the international broadcasting funds are $131.2
million for VOA, $68 million for RFE/RL, $23.3 million for RFA, and $22.8 million
for Broadcasting to Cuba. The Senate full Committee recommends a total of $441.6
million for international broadcasting–$31.1 million for capital improvements
(including security upgrades), $388.4 million for broadcasting operations, and $22.1
million for Cuba Broadcasting.
The Government Performance and Results Act (GPRA) enacted in 1993 (P.L.
103-62; 107 stat 285) required that agencies develop strategic plans that contain
goals, objectives, and performance measures for all major programs. The subsequently
published reports: U.S. Department of State FY1999-2000 Performance Plan
released February 1, 1999, and the United States Department of State Performance
Report, Fiscal Year 1999 establishes target goals and measures how successful the
State Department was in attaining those goals. With most of the 27 specified goals,
State was close to, or completely successful in, meeting its stated goals.
Other Related Agencies
This section includes all other related agencies covered by the CJS
appropriations bill, whose appropriations exceed $1.5 million.34
Maritime Administration (MARAD). MARAD administers programs that
aid in the development, promotion, and operation of the nation’s merchant marine
(including programs that benefit vessel owners, shipyards, and ship crews). The
Administration requests $185.1 million for MARAD for FY2001, $7 million more
than Congress appropriated to it in FY2000. The request consists of $98.7 million
for the Military Security Program (MSP), $80.2 million for operating MARAD and
training ship crews, $2.0 million for ship construction mortgage guarantees (“Title XI
Program”), and $4.2 million for administering that guarantee program. The MSP
program replaces the ODS (Operating Differential Subsidy) program. Only a few
ships remained in the ODS program at the end of FY1999, and the last ship contract
in the ODS expires in FY2002. The House Appropriations Committee recommended
$198 million for MARAD for FY2001, $20 million more than was appropriated in
FY2000, and about $13 million above the Administration’s request. The
recommendation consists of $98.7 million for the Military Security Program (MSP),
which is $2.5 million more that Congress appropriated for FY2000, and about $84.8
million for operating MARAD and training ship crews. The Committee also
recommended $10.6 million for ship construction mortgage guarantees (“Title XI
Program”). This amount is $8.6million above the Administration’s request and $4.6
million above the FY2000 amount. The House Committee’s recommendation also
34 Agencies which have appropriations of less than $1.5 million include: Commission for the
Preservation of America’s Heritage Abroad (FY2000 funding , $490 thousand; $390 thousand
for FY2001); Commission on Electronic Commerce (newly created body, FY2000 funding
is $1.4 million; $1 million for FY2001 ); Commission on Security and Cooperation in Europe
(FY2000 funding, $1.18 million; $1.37 million for FY2001); and the Marine Mammal
Commission (FY2000 funding, $1.27 million; $1.4 million for FY2001).

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includes $3.8 million to administer the guarantee program, the same amount provided
in FY2000 and a reduction of $384,000 below the Administration’s request. The
House passed bill approved the Committee’s recommendations.
The Senate Committee on Appropriations recommends $203.3 million for the
Maritime Administration $25.2 million more than Congress appropriated to it in
FY2000, $18.2 million more than the Administration requested and $5.3 million more
than the House’s recommendation. The Senate also recommends a total of $24.4 for
loan guarantees and administration of the Title XI Program which is $16.6 million
above the amount Congress appropriated in FY 2000, $18.2 million more than the
Administration’s request and $10 million more than the House recommends.
Census Monitoring Board. The Administration has requested $4 million for
the Census Monitoring Board for FY2001. This body is an eight-member bipartisan
oversight board charged with observing and monitoring all aspects of the preparation
and implementation of the 2000 decennial census.35 Congress approved $3.5 million
for the Board, as part of the overall appropriation for the Census Bureau for FY2000.
The House Appropriations Committee recommended, and the full House approved,
$3.5 million for the Board in FY2001, again as part of the Bureau’s total
appropriation. It is unclear at this time as to whether the Senate Appropriations
Committee approved funding for the Board.
The Small Business Administration (SBA). The SBA is an independent
federal agency created by the Small Business Act of 1953. While the agency
administers a number of programs intended to assist small firms, arguably its three
most important functions are: to guarantee — via the 7(a) general business loan
program — business loans made by banks and other financial institutions; to make
long-term, low-interest loans to victims of hurricanes, earthquakes, and other physical
disasters; and, to serve as an advocate for small business within the federal
government.36
For FY2001, the Administration is requesting a total appropriation of
$1,057.8 million — a figure which includes $50.5 million in an emergency
supplemental appropriation to support the agency’s disaster loan program. This
compares to a $847.0 million CJS appropriation for SBA for FY2000. More
specifically, the FY2001 request includes $419 million for Salaries & Expenses
(S&E), an increase of $96.3 million over the current year (FY2000) appropriation.
The House CJS bill followed the recommendation of the Appropriations
Committee. An amendment, however, added $4.5 million for the Women’s Business
Centers program. The result: a total FY2001 appropriation for SBA of $860.7
million, including $304.1 million for S&E. For its part, the Senate Appropriation
35 For additional information on the Board, see: p. 33 of this report.
36 For information about the SBA, see: Small Business Administration: Overview and Issues,
CRS Report 96-649 E, by Bruce K. Mulock

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CRS-45
Committee recommend a total FY2001 appropriation for SBA of $887.5 million,
including $143.5 for S&E.37
Legal Services Corporation (LSC). This agency is a private, non-profit,
federally funded corporation that provides grants to local offices that, in turn, provide
legal assistance to low-income people in civil (non-criminal) cases. The LSC has been
controversial since its inception in the early 1970s, and has been operating without
authorizing legislation since 1980. There have been ongoing debates over the
adequacy of funding for the agency, and the extent to which certain types of activities
are appropriate for federally funded legal aid attorneys to undertake. In annual
appropriations laws, Congress traditionally has included legislative provisions
restricting the activities of LSC-funded grantees, such as prohibiting representation
in certain types of cases or conducting any lobbying activities.
For FY2001, the Administration has again requested $340 million for the
LSC. The proposal would continue all restrictions on LSC-funded activities currently
in effect. The Administration has requested $340 million every year since FY1997,
in an effort to partially restore recent cutbacks in funding. The Administration’s
FY2001 request for LSC is $35 million higher than the $305 million FY2000
appropriation for the program. Historically, the Corporation’s highest level of
funding was $400 million in FY1994 and FY1995. P.L. 106-113, the omnibus
appropriations bill for FY2000, provided $305 million for LSC for FY2000.
For FY2001, the House Appropriations Committee recommended a total of
$141 million for the LSC. This amount is $164 million lower than the FY2000
appropriation and $199 million lower than the Administration’s request. The
Committee recommendation of $141 for LSC includes $134.6 million for basic field
programs, $5.3 million for management and administration, and about $1.1 million for
the inspector general.
On June 26, 2000, the House approved $275 million for the LSC. This
amount is $30 million lower than the FY2000 appropriation and $65 million lower
than the Administration’s request. The $275 million for LSC includes $265 million
for basic field programs and required independent audits, $7.9 million for management
and administration, and $2.1 million for the inspector general.
For FY2001, the Senate Appropriations Committee recommended a total of
$300 million for the LSC. This amount is $5 million lower than the FY2000
appropriation, $40 million lower than the Administration’s request, and $25 million
higher than LSC amount in the House-passed bill. The Committee recommendation
37 The Committee recommendation provides a direct appropriation of $143.5 for S&E. This
amount is $19.5 million below the FY2001 request and $179.3 million below the FY2000
appropriation. In FY2001, the SBA request for S&E was divided into two accounts. Those
costs, which are directly attributable to some of the agency’s “non-credit assistance
programs”, are shown in a new account with that name. The new S&E account includeds
funds wholly devoted to the administrative operations of the agency. For SBA’s non-credit
assistance programs, the Committee recommends a total of $153.7 million. This amount is
$102.4 million below the FY2001 request.

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CRS-46
of $300 for LSC includes $289 million for basic field programs, $8.9 million for
management and administration, and about $2.1 million for the inspector general.
Equal Employment Opportunity Commission (EEOC). The Commission
enforces laws banning employment discrimination based on race, color, religion, sex,
national origin, or handicapped status. The EEOC’s workload has increased
dramatically since the agency first was created under Title VII of the Civil Rights Act
of 1964. As new civil rights laws have been enacted and employees’ increased
awareness of their rights has grown, the agency’s budget and staffing resources have
not been able to keep pace with the substantial increase in case load. The Congress
increased the agency’s budget for FY1999, giving it $279 million, an increase of $37
million over the FY1998 appropriation. The additional funds have helped to speed
resolution of a large backlog cases and expand the use of alternative dispute
resolution techniques. The agency’s budget for FY2000 was increased only
minimally to $282 million.
For FY2001, the President requests $322 million, an increase of $40 million
to continue the agency’s effort to lower charge inventories by increasing collaboration
between investigatory and legal staffs, reduce excess backlogs in hearings and appeals
provide training and technical assistance to employers on how to comply with equal
pay requirements, and facilitate compliance with EEO laws in the private and public
sectors. The House Appropriations Committee has recommended $290 million, or
about $9 million more the enacted FY2000 amount, but $31 million less than the
President’s request. The House approved the Committee’s recommendation. The
Senate Appropriations Committee has recommended $294.8 million, or $12.8 more
than the enacted FY2000 amount, $27.2 million less than the President’s request, but
$4.8 million more than the House amount.
Commission on Civil Rights. The Commission collects and studies
information on discrimination or denials of equal protection of the laws. It received
an appropriation of $8.9 million for FY2000. The President’s request for FY2001
calls for an increase to $11 million. The House Appropriations Committee
recommended the same level as that appropriated for FY2000–$8.9 million, and $2
million below the President’s request The House approved the Committee’s
recommendation. The Senate Appropriations Committee approved the same level
approved by the House.

Federal Communications Commission (FCC). The FCC is an independent
agency charged with regulation of interstate and foreign communication by means of
radio, television, wire, cable and satellite. For FY2001 the Commission requested
$237.2 million in total funding, a 12.9% increase over FY2000 resources of 210.0
million. The request consisted of a direct appropriation of $37.0 million and $200.1
million in offsetting regulatory fee collections (compared with a direct appropriation
of $24.2 million and $185.8 million in regulatory fees for FY2000). Following the
recommendation of its Appropriations Committee, the House has approved $207.9
million—$2.1 million less than enacted for FY2000 and $29.3 million less than the
Commission’s FY2001 request. The $207.9 million amount passed by the House
consists of a direct appropriation of $7.8 million and $200.1 million in offsetting
regulatory fees.

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CRS-47
Just prior to House passage of H.R. 4690, the Clinton Administration, in a
policy statement, urged the House to “fully fund” the FCC. The Administration
statement criticized the funding level for the commission recommended by the House
Appropriations Committee, which it said . . .
. . . could seriously impair the FCC’s ability to carry out its mission by
delaying implementation of necessary information technology systems and
would likely require an agency-wide furlough. In turn, this would slow down
the FCC’s regulatory processes leading to delays in implementation of new
communication technologies.
For its part, the Senate Appropriations Committee has recommended $237.2
million in FY2001 funding for the Commission, exactly the total requested by the
FCC. The Senate committee also has approved of the funding breakdown requested
by the Commission ($37.0 million in direct appropriations and $200.1 million from
collection of regulatory fees).
H.R. 4690 as reported by the Senate Appropriations Committee contains a
provision, not contained in the House-passed version, prohibiting the FCC from
expending funds to grant a license or operating authority “to a corporation of which
more than 25 percent of the stock is directly or indirectly owned or voted by a foreign
government or its representative.”
In its report on H.R. 4690, the Senate Appropriations Committee also
expressed its concern about the “declining standards of broadcast television and the
impact this decline is having on American’s children.” The committee instructed the
FCC to report to Congress on the issues associated with “resurrecting a broadcast
industry code of conduct for content of programming” to “protect against the further
erosion of broadcasting standards.” The FCC was directed to submit its report to the
committee by June 1, 2001.
The committee also has directed the FCC to reconsider a portion of a recent
Commission report and order (released on April 21, 2000) affecting public
broadcasters. The committee said the FCC language in question (MM Docket No.
95-31 at 101-111) requires public broadcasters to engage in the competitive bidding
process against commercial broadcast stations when they apply for broadcast
spectrum not specifically reserved for noncommercial educational use. Congress, the
committee said, “did not intend publicly funded stations to use public funds to pay for
a Federal asset to provide a public service.”38 The committee noted that this matter
is currently pending in a federal court of appeals; accordingly, the committee urged
the court to take notice of Section 309(j) of the Communications Act, which, the
committee said, prohibits the FCC from utilizing competitive bidding to award a
broadcast license to a non-commercial educational or public station to operate on a
non-reserved channel.
38 The committee said that, according to the Congressional Budget Office, public broadcasters
would have to pay approximately a quarter of a billion dollars to acquire the spectrum they
will need for digital conversion through a competitive bidding process if the Commission’s
decision is upheld.

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CRS-48
For its part, House-passed H.R. 4690 contains an amendment that limits
funding for the FCC’s Office of Media Relations to not more than $640,000.39 The
amendment’s sponsor, Representative Cliff Stearns of Florida, noted during floor
debate that there currently were 17 persons employed in the Office of Media
Relations—four receiving an average salary of more than $77,000, another four
earning almost $99,000 a year each, and one earning almost $131,000 a year, with
a salary total for the office of $1.1 million. Beside the personnel in Media Relations,
Representative Stearns said, each of the FCC bureaus “have their own press person,”
and “when the commissioners send out their own press release, a certain person in
that commissioner’s office must be referred to as the press contact.” The
Commission, Representative Stearns said, was “in overload with personnel” in press
relations, and his amendment was “just intended to save money and to bring more
fiscal responsibility.”40
Representative Jose E. Serrano rose in opposition to the Stearns amendment,
asserting that congressional, public and media demand for information about FCC
activities justified the present size and cost of the Media Relations Office. The FCC,
he said, annually receives some 39,600 press calls about telecommunications issues
and pending FCC cases. Because of “the work that the FCC does, and because of
the fact that the FCC has been involved in some very serious decision in the last few
years,” he maintained, “there is a need for the public to know; and the public is
constantly asking on a weekly and a monthly basis of the FCC to handle more
information.”41
In keeping with the requirements of the Government Performance and Results
Act, the FCC, as part of its FY2001 budget request presented a strategic plan setting
forth its overall mission and general and specific goals for a 5-year time frame.42
Federal Maritime Commission (FMC). The FMC regulates a large part of
the waterborne foreign offshore commerce of the United States. The Administration
requested $16 million for the FMC for FY2001, $2 million more than Congress
39 The amendment was added as Sec. 801, at the end of H.R. 4690, under a new title, “Title
VIII—Limitations.”
40 “Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2001,” Congressional Record, daily edition, vo1. 146, June 26, 2000,
remarks of Rep. Cliff Stearns, pp. H5138-39.
41 Ibid., remarks of Rep. Jose E. Serrano, p. H5139.
42 The general “activity goals” of this plan, flowing from what the FCC called its five “core
functions,” are as follows: promote efficient and innovative licensing and authorization of
services; encourage, through policy and rule-making activities, the development of
competitive, innovative and excellent communications systems, “with a minimum of regulation
or with an absence of regulation where appropriate in a competitive market”; promote the
public interest and pro-competitive policies by enforcing rules and regulations that ensure that
all Americans are afforded efficient use of communications services and technologies; provide
information services to its “customers” in the most useful formats available and in the most
timely, accurate and courteous manner possible; and manage the use of the Nation’s airwaves
in the public interest for all non-federal government users, including private sector, and state
and local government users.

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CRS-49
appropriated to it in FY2000. The House Appropriations Committee recommended
$14.1 million, which is about the same level funded for FY2000 and $2.1 million less
than the President’s request. The House passed bill approved the Committee’s
request. The Senate Appropriations Committee recommends $16.2 million for the
FMC for FY2001, $2.2 million more than Congress appropriated to it in FY2000.
The Senate’s recommendation is slightly above the Administrations request and $2.1
above the House’s recommendation.
The Federal Trade Commission (FTC). The FTC, an independent agency,
is responsible for enforcing a number of federal antitrust and consumer protection
laws. Last fall, Congress approved a total FY2000 appropriation for the agency of
$125 million, a reduction of $8.4 million from the agency’s FY1999 figure. More
specifically, the $125 million is comprised of $104 million in offsetting fee collections
and $21 million in prior-year collections; as a result, no net direct appropriations were
required.
For FY2001, the Administration has requested an increase in its program level
from $125 million to $164.6 million. The FY2001 request includes $7 million derived
from estimated FY2000 carryover fee balances and an anticipated $157.6 million from
premerger filing fees under the Hart-Scott-Rodino Act; therefore, as was the case last
year, for FY2001 the FTC is requesting no net direct appropriation. The House
Appropriations Committee recommended a CJS appropriation of $134.8 million for
the agency for FY2001. The request included $13.7 million derived from estimated
FY2000 carryover fee balances and an anticipated $121.1 million for premerger filing
fees.
The House approved the committee’s recommendation. The Senate
Appropriations Committee recommended a program level for the agency for FY2001
of $159.5 million, to be derived exclusively from the collection of premerger filing
fees.
Securities and Exchange Commission (SEC). The SEC administers and
enforces federal securities laws in order to protect investors and to maintain fair and
orderly markets. Last fall, Congress approved a total operating level of $367.8
million for the SEC for FY2000, an increase of $43.8 million over FY1999. The
figure was comprised of $173.8 million in offsetting fee collections for FY2000 and
$194 million in prior-year fee collections. The result: no direct appropriations were
required for the agency for FY2000.
For FY2001, the Administration has requested a total operating level of
$422.8 million for the SEC, an increase of $55 million over FY2000. This figure
would be comprised of $282.8 million in offsetting fee collection for FY2001 and
$140 million in prior-year collections. As was the case last year, no direct
appropriations would be needed.
The House Appropriations Committee has recommended FY budget authority
of $392.6 million, $30.2 million less than the Administration’s request. This figure
would consist of $252.6 million in FY2001 offsetting fees and $140.0 million in prior-
year fees. No direct appropriations would be needed.
The House approved the
Appropriations Committee’s recommendation.

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The Senate Appropriations Committee has recommended $489.7 million for
the SEC, or $66.9 million more than the Administration’s request. (S. 2107,
reported by the Senate Banking Committee on July 14, 2000, contains provisions that
would raise salaries of certain SEC employees to levels comparable to federal bank
examiners.) This would consist of $194.6 million in fees collected during FY2001,
and $295 million from fees collected during FY1999. No direct appropriations would
be needed.
The State Justice Institute. The Institute is a private, non-profit
corporation that makes grants and conducts other activities to further the
development of judicial administration in State courts throughout the United States.
Under the terms of its enabling legislation, SJI is authorized to present its request
directly to Congress, apart from the President’s budget. For FY2001, the President
requested the same funding amount for SJI as appropriated for FY2000—$6.85
million. The President’s budget request stated that appropriations for SJI in FY2001
were “intended to provide for continuation of Institute operations at a reduced
level.”43 For its part, however, the Institute requested $15.0 million for FY2001,
more than double its FY2000 funding amount.44 As recommended by its
Appropriations Committee, the House has approved an FY2001 appropriation of $4.5
million. The Senate Appropriations Committee has approved total funding resources
of $14.85 million for the Institute—consisting of $6.85 million in direct
appropriations and $8.0 million to the Institute in the form of a transfer from the
Judiciary title in H.R. 4690 (Title III).45
Office of the U.S. Trade Representative (USTR). The Senate
Appropriations Committee recommended $29.6 million for appropriations for
FY2001, which is a $4.0 million increase over the FY2000 level of $25.6 million and
the same as the Administration request ($29.6 million). The Senate Committee
recommendation is $0.2 million more than the House-approved level of $29.4 million.
The House-approved level would add 25 new employees for negotiations, monitoring,
and enforcement of trade agreements.
U.S. International Trade Commission (ITC). For FY2001, the Senate
Appropriations Committee recommended $49.1 million, which is $4.6 million more
than the FY2000 level of $44.5 million and the same as the level requested by the
Administration ($49.1 million). The Senate Committee recommendation is $2.1
million more than the amount approved by the House ($47.0 million).
43 Appendix, Budget of the United States Government, Fiscal Year 2001, p. 1210.
44 In its FY2001 budget submission to Congress, the Institute stated that the financial
assistance it provides “is an especially appropriate form of Federal assistance because it
enables all 50 state court systems, as well as the Federal courts, to benefit from the
innovations and improvements made in any one State’s court system.” The Institute noted that
prior to its creation in 1984, most State court systems “were unable to obtain more than a
minuscule share of the substantial Federal anti-crime grants awarded . . . to the Governor of
each State.”
45 Specifically, H.R. 4690 as reported by the Senate Appropriations Committee provides that
the transfer of $8.0 million to the Institute come from funding appropriated to the Judiciary
under the heading “Court of Appeals, District Courts, and Other Judicial Services.”

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U.S. Commission on International Religious Freedom. The President asks
for $3 million for this body for FY2001. The Commission, established in Public Law
105-292, is an independent agency charged with the annual and ongoing review and
reporting of the facts and circumstances of violations of religious freedom. The
appropriation for FY1999 was $3 million. No additional funds were appropriated for
FY2000. The House Appropriations Committee did not recommend additional
funding for FY2001. The House took no further action. The Senate version of the
CJS bill makes no reference to this Commission.
Compliance with GPRA Requirements
As noted earlier in this report, the Government Performance and Results Act
(GPRA) passed by Congress in 1993 (P.L. 103-62) requires that agencies develop
strategic plans that contain goals, objectives, and performance measures for all major
programs. In its report on the CJS appropriations bill (S. 2260; S.Rept. 105-235, pp.
5-6), the Senate Appropriations Committee made the following evaluation regarding
agency compliance with GPRA requirements:
The Committee has received a number of strategic plans from different
organizations receiving appropriated funds within the bill. The Committee
found weaknesses with the fiscal year 1999 performance plans of the
Departments of Commerce and State and the Small Business Administration.
The Committee was especially troubled by the lack of results-oriented,
measurable goals in the performance plans. The Committee is also
concerned that the plans did not uniformly display clear linkages between
performance goals and the program activities in agencies’ budget requests.
Also, some plans did not sufficiently describe approaches to produce credible
performance information. The Committee considers the full and effective
implementation of the Results Act to be a priority for all agencies under its
jurisdiction. We recognize that implementation will be an interactive process,
likely to involve several appropriations cycles. The Committee will consider
agencies’ progress in addressing weaknesses in strategic and annual
performance plans in tandem with their funding requests in light of their
strategic goals. This effort will help determine whether any changes or
realignments would facilitate a more accurate and informed presentation of
budgetary information. Agencies are encouraged to consult with the
Committee as they consider such revisions prior to finalizing any requests.
The plan prepared by the Department of Justice was given high marks by the
committee. It stated that: “The plan was received in a timely fashion and contained
objective, measurable performance goals. The strength of the performance plans was
its presentation of reasonably clear strategies for its intended performance goals.”46

In its report on its version of the CJS bill, the House Appropriations
Committee in 1998 noted that “performance plans have generally been of mixed utility
in considering the fiscal year budget request.” The committee requests that each
agency consult with it early in the process of formulating the budget and performance
46 S.Rept. 105-235, p. 8.

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plan for FY2000, to improve the plan’s usefulness to the committee when it examines
the FY2000 request (H.Rept. 105-636, p. 8.).
In its report on the FY2000 CJS appropriations, the Senate Appropriations
Committee stated that it had “...sent a memorandum to all organizations subject to
GPRA funded within this Act. It requested information about the agencies’
experiences resulting from the Act. The Committee reiterates that all responses be
provided no latter than July 1, 1999.”47 Brief descriptions of the latest versions of the
Strategic plans of the major agencies covered by CJS appropriations are contained in
the discussions of the FY2000 budget requests of individual agencies included in this
CRS report.
In his budget for FY2001, the President made the following observations
regarding the GPRA process, stating that it:
...requires agencies to measure performance and results–not just funding
levels–so that we can better track what taxpayers are getting for their dollars.
Agencies are not only working to develop and use performance measures in
program management but are also working to integrate this information into
budget and resource allocations, so that we can better determine the cost of
achieving goals. The task is not simple. The agencies must define the
specific goals, determining the proper level of resources, assess which
programs are working, and fix those that are not. Progress will depend on
GPRA becoming more than a paper exercise. Over the next year, OMB will
work with all agencies to better integrate planning and budgeting and
systematically associate costs with programs.48
Major Funding Trends
The table below shows funding trends for the major agencies included in CJS
appropriations over the period FY1997-FY2001. As seen in the table below, funding
increased, in current dollars, for the Department of Justice by $4,022 million ( or
27.5%); for the Department of Commerce by $5,009 million ( or 37.6%);49 for the
Judiciary by $906 million (or 29.7%); and for the Department of State by $1,930
million (or 49%).50
47 U. S. Congress. Senate Appropriations Committee. Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Bill, 2000. (106th Cong., 1st
session, S.Rept. 106-76), p. 6.
48 Budget of the United States Government, Fiscal Year 2001 (106 Cong. 2nd sess), p. 294.
49 Funding for FY2000 was substantially increased by a special appropriation of $4.7 billion
to fund the decennial census to be conducted in 2000. If this amount is subtracted from the
FY2000 appropriation total for the Department, the funding increase over the FY1996-2000
period would have been 10.5%.
50 The substantial increase in funding for the State Department from FY1999 to FY2000
reflects the absorption of the functions of USIA and ACDA into the Department, as the result
of reorganization in FY2000.

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Table 2. Funding Trends for Departments of Commerce, Justice,
and State, and the Judiciary
(in millions of current dollars)
Department or Agency
FY1996
FY1997
FY1998
FY1999
FY2000
Justice
14,625
16,425
17,764
18,207
18,647
Commerce
3,640
3,804
4,251
5,098
8,649
Judiciary
3,053
3,260
3,464
3,652
3,959
State
3,950
3,974
4,037
4,359
5,880
Sources: Funding totals provided by Budget Offices of CJS and Judiciary agencies, and
U. S. House of Representatives. Committee on Appropriations.
Current Funding Status
The President’s FY2001 budget requests about $39.6 billion for these
agencies, about a $51 million increase or 0.1 % above the FY2000 total. On June
14, 2000, the House Appropriations Committee approved its version of the CJS
appropriations bill (H.R. 4690, H.Rept. 106-680). It recommends funding totaling
$37.4 billion–$2.2 billion below the President’s request and about $2.2 billion below
the FY2000 appropriation. The House approved the bill on June 26 by a vote of 214-
195, with 1 voting present.51 It approved the same overall funding total
recommended by the Appropriations Committee. The House, however, did make a
few funding changes (that differ from the Committee’s recommendations) for certain
individual agencies covered by the bill. These are reflected in this report.
On July 18, 2000, the Senate Appropriations Committee approved its version
of the bill. It approved total funding of $36.7 billion which is about $700 million
below the House version and about $2.9 billion below both the President’s request
and the actual FY2000 appropriation (S. Rept. 106-404). The bill is awaiting floor
action in the Senate.

It is important to note that the Consolidated Appropriations Act passed by the
House includes a provision which mandates a 0.38% government-wide recission of
discretionary budget authority for FY2000. For more details see page 1 of this
Report

Table 3 shows the FY2000 appropriations totals and the President’s request
for the major agencies covered by the FY2001 CJS Appropriations bill. Similar
information for other agencies covered by the bill, but not shown in this table, are
included in the Appendix of this report.
51 The floor debate in the House is contained in the Congressional Record, vol 146 on June 23,
2000, pp. H5039-72; and June 26, 2000, pp. H5103-62.

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Table 3. Departments of Commerce, Justice, and State, and the
Judiciary Appropriations
(in millions of dollars)
House
Senate
Final
Department
FY2001
Bill,
Bill,
Bill,
FY2000
or Agency
Request
H.R.
H.R.
H.R.469
4690
4690
0
Justice
18,647
20,325
20,237
18,727
-
Commerce
8,649
5,445
4,277
4,837
-
Judiciary
3,959
4,422
4,208
4,237
-
State
5,880
6,515
6,110
6,117
-
Sources: U. S. House of Representatives. Committee on Appropriations; U.S. Senate
Committee on Appropriations.
Related Legislative Action
Department of Justice and Related Agencies
H.R. 12 (Delay)
Limits the jurisdiction of the federal courts with respect to prison release
orders. Introduced January 6, 1999; referred to Committee on Judiciary.
H.R. 357 (Conyers)
Combats violence against women by providing for law enforcement and
prosecution grants, for education and training grants to promote appropriate
responses to victims of violence, for a National Domestic Violence Hotline, for
counseling services and for transitional compensation for victims of violence.
Introduced January 19, 1999; referred to Committee on Judiciary.
H.R. 1501 (McCollum)
Juvenile Justice Reform Act of 1999. Contains several drug-related provisions,
including but not limited to, increased mandatory minimum penalties for using a
firearm to commit a violent crime or drug trafficking offense, using minors to
distribute drugs, selling drugs to minors, and engaging in drug trafficking near a
school or other protected location. Includes reauthorization language for the Juvenile
Justice and Delinquency Prevention Act of 1974, amended, through FY2003; provides
for the establishment of Juvenile Delinquency Block Grant Program to eligible states
for various purposes including drug use reduction; and renews the Juvenile

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Accountability Block Grants, amended, to provide grants for various purposes
including juvenile drug courts. Introduced April 21, 1999; referred to Committee on
Judiciary. Passed House, amended, June 17. (Related bills: H.R. 988, H.R. 2987.)
H.R. 3918 (Rogers)
Immigration Reorganization and Improvement Act of 1999. This bill is
identical to H.R. 2528, as introduced. It would dismantle INS and create two new
bureaus at the Department of Justice, one for Immigration services, the other for
enforcement. Introduced on March 14, 2000. Approved by the House Judiciary
Committee’s Immigration and Claims Subcommittee on March 22, 2000.
S. 5 (DeWine)
Drug Free Century Act. Includes provisions to reduce the transportation and
distribution of illegal drugs and strengthen domestic demand reduction. Provides for
international reduction of drugs by denying safe havens to international criminals,
promotion of global cooperation to fight international crime, money laundering
deterrence, increased penalties by raising mandatory minimum sentencing for powder
cocaine offenses and drug offenses committed in the presence of a child. Authorizes
additional funding for drug eradication and interdiction operations and confirms
funding goals set by the Western Hemisphere Drug Elimination Act (P.L. 105-277,
Title VIII). Contains provisions to protect children and teachers from drug-related
school violence. Provides for drug education, prevention and treatment programs.
Introduced January 19, 1999; referred to Committee on Judiciary.
S. 9 (Daschle)
Safe Schools, Safe Streets, and Secure Borders Act. Addresses violent crime
in schools, reforms the juvenile justice system, combats gang violence, penalizes the
sale and use of illegal drugs, enhances the rights of crime victims, and provides
assistance to law enforcement officers in their battle against street crime, international
crime, and terrorism. Authorizes funding to hire or deploy 25,000 additional police
officers, and for other crime and drug programs by extending the Violent Crime
Reduction Trust Fund through FY2002. Permits federal prosecution of juveniles only
when the Attorney General certifies that the state cannot or will not exercise
jurisdiction, or when the juvenile is alleged to have committed a violent, drug, or
firearm offense. Contains provisions allowing prosecutors sole, nonreviewable
authority to prosecute as adults 16- and 17-year-olds who are accused of committing
the most serious violent and drug offenses. Enumerates prevention programs to
reduce juvenile crime and includes grants to youth organizations and ‘Say No to
Drugs’ Community Centers. Increases penalties for selling drugs to children, for drug
trafficking in or near schools, and or use of “club drugs.” Encourages
pharmacotherapy research to develop medications for the treatment of drug addiction,
and funds drug courts, which subject eligible drug offenders to programs of intensive
supervision. Contains provisions to fight drug money laundering. Introduced January
19, 1999; referred to Committee on Judiciary.
S. 254 (Hatch)
Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act.
Contains various drug-related provisions: increases the penalties for using minors to
distribute controlled substances. Authorizes $1 billion for selected crime and drug

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programs by extending the Violence Crime Reduction Trust Fund through FY2001.
Introduced January 20, 1999; placed on Senate Legislative Calendar under General
Orders; passed Senate with amendments, May 20,1999.
Department of Commerce
H.R. 1553 (Calvert)
A bill to authorize appropriations for fiscal year 2000 and fiscal year 2001 for
the National Weather Service, Atmospheric Research, and National Environmental
Satellite, Data and Information Service activities of the National Oceanic and
Atmospheric Administration, and for other purposes. Introduced April 26, 1999;
referred to House Committee on Science. Reported by Committee, May 18, 1999
(H.Rept. 106-146). Passed House by voice vote, May 19, 1999.
H.R. 1744 (Morella)
A bill to authorize appropriations for the National Institute of Standards and
Technology for fiscal years 2000 and 2001, and for other purposes. Introduced May
10, 1999; referred to the House Committee on Science. Mark-up session held, May
26, 1999.
H.R. 1907 (Coble)
Patent and Trademark Office Efficiency Act. Establishes the PTO as an
independent agency under the policy direction of the Secretary of Commerce.
Provides that all revenues collected by PTO will be for the exclusive use of the PTO.
Introduced May 24, 1999; referred to House Committee on Judiciary. Ordered to be
reported May 26, 1999.
H.R. 2452 (Royce)
A bill to dismantle the Department of Commerce. Introduced on July 1, 1999.
Referred to the Committees on Commerce, Transportation and Infrastructure,
Banking and Financial Services, International Relations, Armed Services, Ways and
Means, Government Reform, the Judiciary, Science, and Resources.
The Judiciary
H.R. 698 (Wicker)
A bill to repeal the requirement relating to specific statutory authorization for
increases in judicial salaries, to provide for automatic annual increases for judicial
salaries, and for other purposes. Referred to House Committee on Judiciary,
February 10, 1999; referred to Subcommittee on Courts and Intellectual Property,
February 25, 1999.
H.R. 833 (Gekas)
A bill to amend title 11 of the United States Code. Among many provisions
of this bankruptcy reform bill, Section 128 (Bankruptcy Judgeship Act of 1999)
creates 18 new temporary bankruptcy judgeships and extends temporary bankruptcy
judgeships in five districts. Referred to House Committee on Judiciary and in addition
to Committee on Banking and Financial Services, February 24, 1999; referred to
Subcommittee on Commercial and Administrative Law, March 11, 1999.

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Subcommittee hearings held March 16, 17 and 19, 1999; subcommittee markup,
March 25, 1999. Committee consideration and markup, April 21, 22, 27 and 28,
1999. Reported to House (Amended), April 29, 1999. Committee on Banking and
Financial Services discharged, April 29, 1999. Passed House by roll call vote, 313-
108, May 5, 1999. Received in Senate, May 6, 1999; read twice and placed on
Senate Legislative Calendar under General Orders, May 12, 1999. Measure laid
before Senate by unanimous consent, all after Enacting Clause is struck with Senate
substituting language of S. 625 as amended, and by 83-14 roll call vote measure is
passed in lieu of S. 625 with an amendment, with Senate, insisting on its amendment,
requesting a conference, February 2, 2000.
H.R. 1752 (Coble)
Federal Courts Improvement Act of 1999. Bill would effect various changes
in federal court jurisdiction, authority of judicial officers, judicial financial
administration, and judicial personnel administration. Referred to House Committee
on Judiciary, May 11, 1999; referred to Subcommittee on Courts and Intellectual
Property, May 25, 1999. Subcommittee hearings held June 16, 1999; subcommittee
markup, July 15, 1999. Committee consideration and markup, July 27, 1999.
Reported to House (Amended) and placed on Union Calendar, September 9, 1999.
Considered in House under suspension of the rules, passed as amended by voice vote,
May 22, 2000. Received in the Senate and referred to the Committee on the
Judiciary, May 23, 2000.

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S. 159 (Moynihan)
A bill to amend chapter 121 of title 28, United States Code, to increase fees
paid to federal jurors, and for other purposes. Bill would increase fee federal jurors
are paid for the first thirty days of a trial from $40 per day to $45 per day. Referred
to Senate Committee on Judiciary, January 19, 1999; referred to Subcommittee on
Oversight and Courts, March 24, 1999.
S. 253 (Murkowski)
Federal Ninth Circuit Reorganization Act of 1999. Bill organizes U.S. Court
of Appeals for Ninth Circuit into three regional divisions, as recommended by the
Commission on Structural Alternatives for Federal Courts of Appeals. Referred to
Senate Committee on Judiciary, January 19, 1999; referred to Subcommittee on
Oversight and Courts, March 24, 1999; Subcommittee hearings held July 16, 1999.
S. 625 (Grassley)
Companion bill to H.R. 833, above, including among its provisions Section
1126, Bankruptcy Judgeship Act of 1999, which creates new temporary bankruptcy
judgeships and extends temporary bankruptcy judgeships in five districts. Referred
to Senate Committee on the Judiciary, March 16, 1999. Committee consideration and
markup, April 15 and 22, 1999. Reported to Senate and placed on Senate Legislative
Calendar under General Orders, May 11, 1999. Laid before Senate and cloture
motion presented, September 16, 1999. Cloture not invoked in Senate by roll call
vote, 53-45, September 21, 1999. Measure laid before Senate by unanimous consent,
November 5, 1999. Considered by Senate, November 5, 8, 9, 10, 16 and 17, 1999.
Cloture motion presented in Senate, November 19, 1999. Cloture motion withdrawn
by unanimous consent in Senate, January 24, 2000. Considered by Senate, January
26 and 31, February 1 and 2, 2000. By 83-14 roll call vote, incorporated by Senate
in H.R. 833 as an amendment, which in turn is passed by Senate in lieu of S. 625,
February 2, 2000.
S. 1145 (Leahy)
Federal Judgeship Act. Creates 69 new federal circuit or district judgeships.
Referred to the Senate Committee on the Judiciary, May 27, 1999.
S. 1564 (Cochran)
Federal Courts Budget Protection Act. Bill would allow the Judiciary to
submit its annual budget, including buildings, directly to Congress, without going
through the Office of Management and Budget. Referred jointly to Senate
Committees on Budget and Governmental Affairs, August 5, 1999.
Department of State
S. 886 (Helms)
A bill to authorize appropriations for the Department of State for fiscal years
2000 and 2001; to provide for enhanced security at U.S. diplomatic facilities; to
provide for certain arms control, nonproliferation, and other national security
measures; to provide for the reform of the United Nations; and for other purposes.
Introduced April 21, 1999; original measure ordered reported by Senate Foreign
Relations Committee April 27, 1999. (S.Rept. 106-43).

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The second session of the 106th Congress will likely address a number of
issues during the CJS appropriations process for FY2001. Major issues or concerns
include: building more prisons, extending the 1994 Crime Act funding authorization
beyond September 30, 2000; increasing funding for drug-related efforts among the
Department of Justice (DOJ) agencies; increasing funding for community law
enforcement; combating cybercrime; funding of DOJ’s legal action against the
tobacco industry; changing the focus and levels of appropriations for DOJ’s Office of
Juvenile Justice and Delinquency Prevention; providing funding for programs that
would reduce gun and youth violence; reducing pending caseloads in immigration-
related claims, particularly green card and naturalization applications; meeting the
statutory mandate that the Border Patrol be increased by 1,000 agents in FY2001, and
accounting for the shortfall in hiring in FY1999; determining the level of detention
capacity necessary to comply with the statutory mandate that certain criminal aliens
be detained until deported; and restructuring INS internally as proposed by the
Administration or dismantling or restructuring the agency by legislation; the
downsizing of Commerce Department programs, implementing the 2000 decennial
census and evaluating the results, the use of federal funds to support industrial
technology, implementing the modernization of the National Weather Service, and the
monitoring of foreign compliance with trade agreements and U.S. trade laws;
improving embassy security through a doubling of funding as well as a request for an
advance appropriation to cover the period FY2002 to FY2005; the level of funding
needed to maintain essential services, operations and court security in the lower
courts; whether to increase funding to compensate court-appointed defense attorneys
in federal criminal cases; how to contain the growing costs of the Judiciary’s Defender
Services account; and the merits of providing a cost-of-living pay increase for federal
judges.
Department of Justice
Traditionally, state and local governments have primary responsibility for
crime control. Especially within the last decade, a greater federal role has developed.
Congress has enacted five major omnibus crime control bills since 1984, establishing
new penalties for crimes and providing increased federal assistance for law
enforcement efforts by state and local governments. Federal justice-related
expenditure is one of the few areas of discretionary spending that has increased its
share of total federal spending over the last two decades.
FY2001 Budget Request. For FY2001, President Clinton’s budget request
for DOJ is $20.3 billion compared to the Senate Appropriations Committee
recommendation of $18.7 billion, and the House’s $20.2 billion. DOJ received
funding of $18.65 billion in FY2000. DOJ’s request for FY2001 is intended to
address major concerns such as fighting crime and gun and youth violence, building
prisons, checking drug abuse, improving the department’s information resources and
improving the border management of INS.
On July 18, the Senate Appropriations Committee recommended $18.7 billion
in funding for FY2001 for the Department of Justice. The Senate Committee rejected
by a tie vote, 14-14, Senator Ernest Hollings’s amendment to spend $20.5 million to
finance a federal lawsuit against tobacco companies to offset the federal government’s

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expenses of treating veterans and Medicare and Medicaid patients for smoking-related
illnesses.
The CJS bill, H.R. 4690, passed by the House on June 26,would provide
$20.2 billion. On June 23, Representative Henry A. Waxman offered an amendment
to H.R. 4690, the CJS Appropriations bill, which would allow the Veterans
Administration to reimburse DOJ for its lawsuit against tobacco companies. The
House passed the amendment by a vote of 215 ayes to 183 noes.
Under the Telecommunications Carrier Compliance Fund of the General
Administration account, the Senate Appropriations Committee does not recommend
additional funds for FY2001 for the Communications Assistance for Law
Enforcement Act (CALEA). In January 2000, the Senate Committee denied a
reprogramming request of DOJ for an additional $100 million in FY2000 for this
account based on the source of funds the Department chose to use as an offset for
these funds. Congress recently passed a FY2000 supplemental appropriation, which
upon enactment, will provide $183 million for CALEA. This amount exceeds DOJ’s
request for the program in FY2000 and FY2001. With enactment of the supplemental
appropriation for FY 2000, a total of $301 million has been appropriated for
CALEA. For FY2001, the House approved the Appropriations Committee’s
recommendation of $278 million for the Telecommunications Carrier Compliance
Fund to reimburse equipment manufacturers and telecommunications carriers and
providers of telecommunications support service for implementing the
Communications Assistance for Law enforcement Act of 1994 (CALEA). Of this
amount, $141.3 million is for national security purposes. The Senate Committee
would recommend $205 million for the Narrowband Communications account for
FY2001 compared to $95.4 million which the House would provide for this account.
The Clinton administration requests a total of $240 million for the
Telecommunications Carrier Compliance Fund, of which $225 million is new funding
to reimburse the telecommunications industry for costs associated with modifying
their networks (Communications Assistance for Law Enforcement Act). The total
funding would be divided between DOJ and the Department of Defense (DOD) as
follows: $120 million for DOJ and $120 million for DOD. DOJ will implement all
of the funds. For its program to convert to narrowband radio communications, DOJ
requests $205 million. In the FY2000 appropriations cycle, this program was
controversial as the Administration requested $86 million for narrowband conversion,
but received $10.6 million in direct funding and was directed to transfer $92.5 million
for the program from other departmental components.
To address terrorism, the Senate Committee recommends $5 million for
FY2001 for the counterterrorism fund compared to the $10 million which the House
would provide and the $10 million which the President requested. The Senate
Committee reports that there will be carryover balances available in FY 2001 of more
than $36 million for this account. The Senate Committee expressed concern that DOJ
was using funds in this account for any effort associated with countering terrorism
instead of for extraordinary costs for providing support to counter, investigate or
prosecute domestic or international terrorism. To insure that counterterrorism funds
are used appropriately, the Senate Committee directs DOJ to notify House and Senate
Appropriations Committees prior to obligation of all funds in this account. Under

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presidential Decision Directive 62, the President designated a National Coordinator
for Security, Infrastructure Protection, and Counterterrorism (DAG-CT) to
coordinate interagency terrorism policy issues and review ongoing terrorism-related
activities. The Senate Committee recommends an additional $23 million for this
office. Funding to combat terrorism is also recommended under the Office of Justice
Programs, Justice Assistance account.
The Senate Appropriations Committee for FY2001 for the Office of Justice
Programs (OJP) recommends $3.07 billion, while the House would provide $4.08
billion. The President requests for OJP is $3.74 billion compared with FY2000
funding of $4.08 billion. To address gun and youth violence, the Administration has
requested $215.9 million, of which new funding of $150 million would be to hire
1,000 local prosecutors in jurisdictions designated by DOJ as High Gun Violence
areas.
For the Justice Assistance account for FY2001, the Committee recommends
$426.4 million, of which $25.5 million would be for the Missing Children Program to
combat crimes against children, including $6 million for state and local law
enforcement for continuation of specialized cyberunits and for units that investigate
and prevent child sexual exploitation on the internet; $13.5 million for the National
Center for Missing and Exploited Children, with $2 million of that amount for the
operation of the CyberTipline (which collects leads from Internet Service Providers
on incidences of child pornography and exploitation) and for Cyberspace training; and
$3 million for the Jimmy Ryce Law Enforcement Training Center to train state and
local law enforcement officials in investigating missing and exploited children cases.
Also, to address incidents of domestic terrorism, the Committee recommends $257.5
million for the Office for State and Local Domestic Preparedness Support, of which
$35 million is for the National Domestic Preparedness Consortium, and $120 million
for equipment block grants to states and the District of Columbia for the purchase of
specialized equipment needed to respond to terrorist incidents involving chemical,
biological, radiological, and explosive weapons of mass destruction.
The Senate Committee recommends for FY2001, $812 million for COPS
which is $523 million less than the President requested; the House would provide
$595 million for COPS. Of these funds, $423 million would be for the following
police hiring initiatives: $180 million for school resource officers; $183 million in
direct appropriations for the universal hiring program (UHP); $20 million from
unobligated carryover balances from FY2000 to be used for UHP; and $40 million for
Indian Country. The Safe Schools Initiative would receive $20 million. For non-
hiring initiatives, the Senate Committee recommends: $100 million for the COPS
technology program for development of technologies and automated systems to assist
state and local law enforcement agencies in investigating, responding to, and
preventing crime; $130 million for the Crime Identification Technology Program of
which $20 million would be for Safe Schools technology to fund National Institute
of Justice’s development of new more effective safety technologies such as less
obtrusive weapons detection and surveillance equipment and information that allows
communities quick access to information to identify potentially violent youth; $33
million for states to upgrade criminal history records, and $30 million for state and
local units of government crime laboratories to develop or improve the capability to
analyze DNA in a forensic laboratory and other forensic science capabilities; $41.7

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million for the COPS Methamphetamine/Drug ‘Hot Spots’ program to fight the
manufacture, distribution, and use of methamphetamine, and for proper removal and
disposal of hazardous materials at clandestine meth labs; and $15 million for the
COPS Safe Schools Initiative/School Prevention Initiatives to provide grants to
policing agencies and schools to address violence in public schools and to allow the
assignment of officers to work in collaboration with schools and community-based
organizations concerning crime, gangs, and drug activities.
The House would provide $595 million for the COPS program, including
$130 million for crime identification technology, $41.7 for manufacturing and
trafficking in methamphetamine, and $389.5 million for public safety and community
policing grants.
The Administration seeks to continue improving community law enforcement.
It requests FY2001 funding of $1.3 billion for the Community Oriented Policing
Services (COPS) compared to FY2000 funding of $595 million. For Public Safety
and Community Policing grants, the funding request is $225 million, which includes
$67.9 million to fund additional officers and to stay on course to hire 150,000 officers
by the end of 2005. Earmarks would provide $45 million for Indian country law
enforcement, $25 million for the bullet-proof vest program, $20 million for school
safety problem-solving partnerships, and $20 million for National Police scholarships,
among other programs.
Under the COPS account for FY2001, the Administration requests $350
million for the Crime Identification Assistance Program, an increase of $220 million
over FY2000 funding to support crime-fighting technologies efforts. This includes
$70 million for upgrading criminal history, criminal justice and identification record
systems, promoting compatibility among systems at the federal, state, and local levels,
and obtaining information for statistical and research programs. Another $50 million
would be used to improve forensic laboratories, of which $35 million would be for
grants to state, tribal and local laboratories for improving their DNA and general
forensic capabilities and $15 million in grants to state and local laboratories to reduce
their convicted offender DNA sample backlog.
The Senate Committee for FY2001 recommends $400 million for local law
enforcement grants, $123 million less than the House; the Administration did not
request funding for this program. The Senate Committee recommends $40 million
for drug courts and $63 million for state prison drug treatment, the same funding that
the House would provide, while the President requests $10 million more in funding
for drug courts and $2 million more for state prison drug treatment. For Violence
Against Women grants, the Senate Committee recommends $284.9 million compared
to $283.8 the House would provide and $12 million less than the Administration’s
request. These funds would be used to develop and implement effective arrest and
prosecution policies for the prevention, identification, and response to violent crimes
against women, to strengthen programs that address stalking, and to provide victim
services such as specialized domestic violence court advocates who obtain protection
orders, among other purposes. In FY2000, drug courts received funding of $40
million, state prison drug treatment, received $63 million, and VAWA received $284
million.

---

CRS-63
For FY2001, the Senate Appropriations Committee recommends $452 million
for the Bryne grant programs ($400 million for formula grants and $52 million for
discretionary grants) compared to the House which would provide $552 million, the
same amount appropriated in FY2000 ($500 million for formula grants and $52
million for discretionary grants). The President requests $459.5 million for Byrne
grants ($400 million for formula grants and $59.5 million for discretionary grants).
The Senate Committee recommends $40 million for the Weed and Seed
program for FY2001 compared $33.5 million that the House would provide; the
President requested $42 million for the program.
The Senate Appropriations Committee recommends $1.35 billion for the Drug
Enforcement Agency (DEA)for FY2001, which would provide for drug education
and training programs and technical equipment. For the Methamphetamine Initiative,
the Senate Committee recommends $27.5 million for the agency to target and
investigate methamphetamine trafficking, production, and use and to clean-up
hazardous waste associated with the manufacture of the drug. This compares with
total FY2000 funding for DEA of $1.28 billion. Funds would be for purchase of
1,358 passenger motor vehicles of which 1,079 would be for replacement only, for
police-type use without regard to the general purchase price limitation for the current
fiscal year. Also, the Senate Committee recommends additional emergency spending
for the Southwest Border Initiative for DOJ under Salaries and Expenses of $22.5
million for one plane, a helicopter, a forensic laboratory, equipment, and upgrades to
and maintenance of the El Paso Intelligence Center’s Information System. On the
other hand, the House would provide $1.37 billion for DEA. President Clinton
requests $1.37 billion for the agency. To support the enforcement of federal law and
investigations, DEA requests $864 million. DEA requests $56 million for FY2001
for FIREBIRD, its primary office automation infrastructure. FIREBIRD supports
DEA’s global operations and these funds would allow its continued high quality
operation.
The President requests funding of $215 million, for drug prevention programs,
including $171.39 million in new funding for programs designed to break the cycle
of drug use and its consequences by providing support services for drug abusers to
enable them to reenter the community. The Administration requests $75 million for
FY2001 for OJP’S Zero Tolerance Drug Supervision program to provide
discretionary grants to states, local governments, Indian tribes, and courts to plan and
enforce comprehensive drug testing and treatment programs and graduated sanctions
for persons within the criminal justice system. Of this amount, $60 million is for an
Offender Reentry program that would combine surveillance, sanctions, and support
services to provide more protection for communities that have high returns of
inmates.
For FY2001, the Senate Appropriations Committee recommends $4.30 billion
for the Federal Prison System, of which $724 million would be for buildings and
facilities compared to the House which would provide $4.27 billion for the Federal
Prison System, including $836 million for buildings and facilities. The President’s
FY2001 budget request for the Federal Prison System is $5.71 billion compared to
$3.67 billion enacted in FY2000. The Bureau of Prisons would use these funds to
reduce overcrowding and to accommodate future prison needs, including the long-
term housing needs of Immigration and Naturalization Service detainees. This request

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CRS-64
includes $2 billion for FY2001 through FY2003 for construction of prisons ($791
million in advance appropriations are requested for FY2002 and $535 million in
FY2003 for construction of 6 more prisons); $80.18 million to activate prison
facilities and address the 54% overcrowding in high security prisons and provide
needed detention bed space; and, $84.46 million to provide contract beds to
accommodate the needs of short and long term non-U.S. citizen inmates, as well as
the increase in other sentenced offender contract population.

FY2000 funding for the Federal Bureau of Investigations was $3.04 billion.
For FY2001, the Senate Appropriations Committee recommends $3.12 billion for the
FBI, of which $222 million would be for Criminal Justice Services, including $72
million for the National Instant Criminal Background Check System (NICS) and $43
million to construct or acquire buildings. The Senate Committee recommends
additional emergency spending funding of $62.9 million for the United States
Marshals Service under the Southwest Border Initiative, of which $5.3 million would
be for salaries and expenses, $5.6 million for construction, and $52 million for the
Justice Prisoner and Alien Transportation System Fund. The House, on the other
hand, would provide $3.23 billion for the FBI, of which $68 million in direct
appropriations would be for NICS. President Clinton’s FY2001 budget request for
the Federal Bureau of Investigations (FBI) is $3.28 billion. With the number and
complexity of computer crime increasing, DOJ requests $37 million to create a
permanent network of experts to prevent and prosecute computer crime. By FY2001,
the FBI expects cases involving computer forensic examination to more than double
those in FY1999. DOJ requests $19 million for its Technology Crimes Initiative of
which $11.4 million would be for its Computer Analysis and Response Team to
support 100 response team members who will be sent to help investigations of
computer related crimes and $7 million would further law enforcement counter-
encryption capabilities. In OJP, the National White Collar Crime Center would
receive $8.75 million to expand training initiatives for state and local law enforcement
and regulatory agencies to meet the rising incidences of computer crime by acting as
a clearinghouse, providing information on federal computer crime training and
offering a “directory” of resources available in forensic computer science.
The Immigration and Naturalization Service (INS) is the principal federal
agency charged with enforcing and administering the Immigration and Nationality Act
(INA). From FY1993 to FY2000, Congress has increased the INS budget from $1.5
to $4.3 billion. During these years, INS staffing has increased from just over 18,000
to nearly 33,000 funded permanent positions. For FY2001, according to the CBO’s
revised scoring, the Administration has requested $4.85 billion in total funding for
INS ($3.31 billion in direct funding and $1.54 billion in offsetting fee receipts).52 In
terms of direct funding, the Administration’s request is nearly $296 million over the
FY2000 appropriation. In terms of offsetting receipts, the request is $274 million
over the FY2000 appropriation. In addition, the Administration’s FY2001 request
also included four fee proposals: 1) a “premium service fee” for businesses, 2) a
52 It was previously reported that the Administration’s FY2001 request was $5.0 billion; this
amount was taken from CBO tables.

---

CRS-65
renewed penalty fee under a permanent section 245(i) adjustment of status program53,
3) an increase in the user fee for airport inspections, and 4) an end to the cruise ship
user fee exemption.

For FY2001, the Senate Appropriations Committee recommends $4.6 billion
in funding for the INS ($3.03 billion in direct funding and $1.55 billion in offsetting
receipts). In terms of direct funding, the Senate bill provides an increase of $19
million over the FY2000 appropriation, but $276 less than the Administration request.
The Senate recommendation, however, also includes $414 million in emergency
funding for the Southwest border initiative, of which $322 million is earmarked for
INS. In terms of offsetting receipts, the Senate bill provides $255 million more than
in FY2000 appropriation, but $19 million less than the Administration’s request. The
Senate-reported bill would reinstate section 245(i), but it is silent on the proposed H-
1B premium service fee or the proposed increase in the user fee. In addition, the bill
includes provisions to repeal sections 110 and 641 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Division C; P.L. 104-208).
The House-passed bill would provide INS with $4.67 billion ($3.23 billion in
direct funding and $1.44 billion in offsetting receipts). In terms of direct funding, this
amount includes an increase of $223 million over the FY2000 appropriation, but it is
$73 million less than the Administration’s request. This amount includes funding
increases to hire 430 additional Border Patrol agents, increase detention and removal
capacity, continue interior enforcement, and continue reduction of pending application
caseloads. In terms of offsetting receipt, the House bill provides $169 million more
than the FY2000 appropriation, but $105 million less than the Administration’s
request. The House-passed bill includes a provision to authorize an H-1B premium
service fee, but it does not include provisions to reinstate section 245(i), raise the
airport user fee, or an end the cruise ship user fee exemption.
Emerging INS budget issues for FY2000 and FY2001 include: 1) reducing
pending caseloads in immigration-related claims, particularly green card and
naturalization applications; 2) meeting the statutory mandate that the Border Patrol
be increased by 1,000 agents in FY2001, and accounting for the shortfall in hiring in
FY1999; 3) determining the level of detention capacity necessary to comply with the
statutory mandate that certain criminal aliens be detained until deported; and 4)
restructuring INS internally as proposed by the Administration or dismantling or
restructuring the agency by legislation.
Large pending caseloads continue to plague INS despite increased funding.
From FY1992 to FY2000, funding for the adjudications and nationality program
increased from $137 to $496 million. In FY1999, INS processed over 1.2 million
naturalization applications; however, as of the end of the first quarter of FY2000, the
53 Section 245(i) of the Immigration and Nationality Act allows certain aliens, who are
unauthorized to be in the United States, to adjust to immigrant status, provided they meet all
other qualifications. In the FY1998 CJS appropriations act (P.L. 105-119), however,
Congress limited the availability of relief under this provision to those aliens whose sponsors
had petitioned on their behalf before January 14, 1998. (For background, see CRS Report
97-946, Immigration: Adjustment to Permanent Residence Status under Section 245(i).)

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CRS-66
pending caseload for naturalization applications (Form N-400) was 1.3 million, and
the pending caseload for green card applications (Form I-485) was over 1 million.
In addition, there was a pending caseload of over 1.7 million for all other applications.
For FY2001, the Administration requested $152 million to improve service,
reduce pending caseloads, and prevent fraud. This funding would have been derived
from several sources: 1) $25 million from the voluntary H-1B visa premium service
fee (to be deposited into the examinations fee account);2) another $55 million from
the H-1B premium service fee; 3) $37.5 million from section 245(i) fees; and 4) $34.8
million in a direct appropriation.
While the Senate-reported bill would reinstate section 245(i), the House
Appropriations Committee strongly rejected the Administration’s proposal to reinstate
provision. On the other hand, the House accepted the H-1B premium service fee
proposal, but the Senate-reported bill does not include such a provision. In report
language, the House Committee also noted that over the past 3 years INS has been
provided with $463 million to reduce pending caseloads and improve the integrity of
the naturalization process. Indeed, except for the detention and deportation program,
the adjudications and nationality program’s budget increased at a greater rate (262%)
than any other INS program budget from FY1993 to FY2000. For FY2001, House
report language earmarks an increase of $87 million, including $44 million in a direct
appropriation, to continue the backlog reduction.

Border control and security continues to be an ongoing issue for Congress.
From FY1992 to FY2000, funding for the Border Patrol has increased from $362
million to over $1 billion. For FY1999, Congress provided INS with $97 million to
hire 1,000 additional agents. The agency, however, was unable to hire a full
contingent of new agents, citing a lack of qualified candidates due to a strong labor
market and high wash-out rates at the Border Patrol Academy. At the end of
FY1999, there were 8,225 Border Patrol agents who were on duty and deployed, as
compared to 7,856 at the end of FY 1998. For FY2000, Congress provided $50
million to hire an additional 1,000 agents. The Administration, meanwhile, only
requested $52 million to hire 430 agents for FY2001, rather than the 1,000 agents
mandated in the Illegal Immigration Reform and Immigrant Responsibility Act (P.L.
104-208).
Given hiring shortfalls in FY1999 and the current fiscal year, House report
language includes an earmark, matching the Administration’s FY2001 request, rather
than funding 1,000 new agent positions.54 As requested by the Administration, $20
million is earmarked for deployment of the integrated surveillance intelligence system,
on both the southern and northern land borders. House report language also includes
54 For FY2000, conference report language earmarked $50 million to hire and train an
additional 1,000 Border Patrol agents, rather than $100 million earmarked in both the House
and Senate reports. For FY1999, Congress provided INS with $94 million to hire 1,000 new
agents, but the agency was only able to hired 369 new agents citing a lack of qualified
applicants in a strong labor market and a high attrition rate among candidates. With this
increase, there were 8,225 agents on duty at the end of FY1999.

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CRS-67
earmarks of $22 million for border patrol information management, and $50 million
for construction projects.
Meanwhile, the Senate-reported measure would provide funding to hire an
additional 1,000 Border Patrol agents in FY2001. In addition, the bill includes $414
million in emergency funding for the Southwest border initiative. This amount
includes $67 million for 26 new border patrol helicopters and other equipment, and
$254 million for INS construction for the Border Patrol and the detention and
deportation programs.
In recent years, INS has come under intense criticism for failing to deport
criminal aliens in an expeditious manner. From FY1993 to FY2000, funding for the
detention and deportation program increased from $193 to $879 million. INS
officials continue to report that the agency does not possess the detention capacity to
fully comply with statutory mandates set out in the Antiterrorism and Effective Death
Penalty Act (P.L. 104-132) and the Illegal Immigration Reform and Immigrant
Responsibility Act (P.L. 104-208). To improve and expand detention facilities and
increase efforts to identify and remove criminal aliens, the Administration has
requested $120 million in increased funding for FY2001, which would increase the
detention and deportation budget to over $1 billion.
Nearly matching the Administration’s request, House report language includes
earmarks of $87 million to increase INS detention space to 19,702 beds (daily
average), including 120 juvenile beds; $16 million for the Justice Prisoner Alien
Transportation System; $8 million to enter criminal alien records into the National
Criminal Information Center; and $25 million for detention construction projects.
Also, there is an earmark for an additional $5 million and 46 positions to expand the
criminal alien apprehension program, and $11 million and 100 positions to form 23
additional quick response teams that work with state and local law enforcement to
identify and remove deportable aliens. Neither of these increases were requested by
the Administration.
Regarding section 110, this provision as originally enacted would have
required the development of a system that would record the entry and exit of every
alien arriving and departing from the United States. Many congressional delegations
from northern border states strongly opposed the implementation of section 110 at
the northern land border, since it would have represented a significant departure from
the status quo. Canadians who enter the United States through land border ports
were and are not required to present a passport, and are usually not required to obtain
a visa. Similarly, U.S. citizens who enter Canada through land border ports are not
required to present a passport or visa in most cases. Some feared that, if Section 110
were implemented at northern land border ports of entry, additional documents would
be required. The Immigration and Naturalization Service Data Management
Improvement Act of 2000 (P.L. 106-215), enacted on June 15, 2000, amended and
rewrote section 110 to require the development of a system that would record an
integrated entry and exit data system that would use available data to record alien
arrivals and departures, without establishing additional documentary requirements.
The law was viewed by many as a compromise; nevertheless, the Senate-reported bill
would repeal section 110, as amended. (For further information, see CRS Report RS
20627, Immigration: Integrated Entry and Exit Data System, by William J. Krouse.)

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CRS-68
In addition, the Senate-reported measure would repeal section 641 of P.L.
104-208. This provision required INS to implement a foreign student data collection
reporting program by January 1, 1998. Academic administrators have lobbied for this
provision’s repeal, principally because it requires them to collect fees from foreign
students for INS.
Regarding INS restructuring, FY2000 conference report language stressed
that “a lack of resources is no longer an acceptable response to INS’s inability to
adequately address its mission responsibilities.” On March 22, 2000, the House
Judiciary Committee’s Immigration and Claims Subcommittee approved a bill to split
INS, establishing a bureau of immigration services and a bureau of immigration
enforcement within the Department of Justice (H.R. 3918). This bill is identical to
H.R. 2528, the “Immigration Reorganization and Improvement Act of 1999,” as
introduced by Representative Harold Rogers in July 1999. Previously, the House
Immigration Subcommittee had amended and approved H.R. 2528 on November 4,
1999. The amended version of H.R. 2528 represented a compromise negotiated with
Attorney General Janet Reno. Late in the session last year, however, the
Administration pulled its support for H.R. 2528 as amended, stalling full committee
markup of that bill. Representative Lamar Smith, the Immigration Subcommittee
chair, asserted during the March 22nd markup that the reintroduction of H.R. 2528 as
H.R. 3918 was necessary, because the Administration had negotiated in “bad faith.”
Last year, the Senate Judiciary’s Immigration Subcommittee held a hearing on
another INS restructuring proposal (S. 1563) on September 23, 1999, but so far this
session the Senate has not addressed this issue. The Administration, meanwhile, is
moving forward with plans to restructure INS internally. (See CRS Report RS20279,
Immigration and Naturalization Service Reorganization and Related Legislative
Proposals, and CRS Report RL30257, Proposals to Restructure the Immigration and
Naturalization Service, both by William J. Krouse.)
The Government Performance and Results Act (GPRA) requires the
Department of Justice, along with other federal agencies, to prepare a 5-year strategic
plan which contains a mission statement, a statement of long-range goals in each of
the Department’s core functions and a description of information to be used to
assess program performance. The DOJ submitted its Strategic Plan for 1997-2002
to Congress in September 1997. During the FY1999 budget process, the Senate
Appropriations Committee commended the Assistant Attorney General for
Administration for preparing DOJ’s FY1999 performance plan, finding it timely, with
objective, measurable performance goals. The committee found the strength of the
performance plan in its clear strategies for meeting performance goals. DOJ was
urged to follow the recommendations of the General Accounting Office (GAO) in
preparing a plan for fiscal year 2000, because the committee’s recommendations for
fiscal year 2000 would be based on the GAO model.
The DOJ FY2000 Summary Performance Plan describes what the Department
of Justice plans to accomplish in FY2000, consistent with the long-term strategic
goals, and complements the Department’s budget request. It provides a summary
statement of themes and priorities of DOJ for seven core functional areas
(investigation and prosecution of criminal offenses, assistance to tribal, state, and local
governments, legal representation, enforcement of federal laws, and defense of U.S.

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CRS-69
interests; immigration; detention and incarceration; protection of the federal judiciary
and improvement of the justice system; and management). It summarizes and
synthesizes detailed performance plans of specific Justice component organizations
such as the Federal Bureau of Investigation, the Drug Enforcement Administration,
the United States Attorneys, the United States Marshals Service, and others.
H. R. 2415 (C. Smith)
The American Security Act of 1999. Provides authorization for State
Department and related agencies and for increases overseas security. Introduced July
1, 1999. Passed by voice vote on July 21, 1999.
H.R. 1211 (Smith, C.)
A bill to authorize appropriations for the Department of State and related
agencies for fiscal year 2000, and for other purposes. Introduced March 22, 1999;
subcommittee marked-up and forwarded to full committee on March 23; Committee
International Relations reported it out April 29, 1999. (H.Rept. 106-122).
Other Related Agencies
S. 414 ( Hutchinson); P.L. 105-258
Ocean Shipping Reform Act of 1998. To amend the Shipping Act of 1984 to
encourage competition in international shipping and growth of United States imports
and exports, and for other purposes. This law is administered by the Federal Maritime
Commission. Signed into law October 14, 1998.
For Additional Reading
Department of Justice
CRS Issue Briefs
CRS Issue Brief IB90078. Crime Control: The Federal Response, by David Teasley.
CRS Issue Brief IB95025. Drug Supply Control: Current Legislation, by David
Teasley.
CRS Issue Brief IB92061. Prisons: Policy Options for Congress, by JoAnne
O’Bryant.
CRS Issue Brief IB98049. Police and Law Enforcement: Selected Issues, by JoAnne
O’Bryant.
CRS Issue Brief IB10014. Gun Control, by William Krouse.
CRS Reports
CRS Report 97-265. Crime Control Assistance through the Byrne Programs, by
Garrine Laney.

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CRS-70
CRS Report 98-622. Federal Crime Control Assistance to State and Local
Governments: Department of Justice, by Suzanne Cavanagh and David
Teasley
CRS Report 98-95. Juvenile Justice Act Reauthorization: The Current Debate, by
Suzanne Cavanagh and David Teasley.
CRS Report 98-498. Federal Drug Control Budget: An Overview, by David Teasley.
CRS Report 97-248. Prison Grant Programs, by JoAnne O’Bryant.
CRS Report RS20183. Immigration and Naturalization Service’s FY2000 Budget,
by William J. Krouse.
CRS Report RS20279. Immigration and Naturalization Service Reorganization and
Related Legislative Proposals, by William J. Krouse.
CRS Report RL30257. Proposals to Restructure the Immigration and
Naturalization Service, by William Krouse.
CRS Report RS20627, Immigration: Integrated Entry and Exit Data System, by
William J. Krouse.
CRS Report RS20618, Immigration and Naturalization Service’s FY2001 Budget,
by William Krouse
Department of Commerce
CRS Issue Briefs
CRS Issue Brief IB95100. Economic Development Administration: Overview and
Issues, by Bruce K. Mulock.
CRS Issue Brief IB95051. The National Information Infrastructure: The Federal
Role, by Glenn J. McLoughlin.
CRS Issue Brief IB10018. Research and Development Funding: Fiscal Year 2000,
by Michael E. Davey.
CRS Reports
CRS Report 95-36. The Advanced Technology Program, by Wendy H. Schacht.
CRS Report RL30284. Census 2000: The Sampling Debate, by Jennifer D.
Williams.
CRS Report RL30182. Census 2000: Sampling as an Appropriations Issue in the
105th and 106th Congresses, by Jennifer D. Williams.

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CRS-71
CRS Report 96-537. Department of Commerce Science and Technology Programs:
Impacts of Dismantling Proposals, by Lennard G. Kruger.
CRS Report 97-126. Federal R&D Funding Trends In Five Agencies: NSF, NASA,
NIST, DOE (Civilian) and NOAA, by Michael E. Davey.
CRS Report 97-104. Manufacturing Extension Partnership Program: An Overview,
by Wendy H. Schacht.
CRS Report 95-30. The National Institute of Standards and Technology: An
Overview, by Lennard G. Kruger and Wendy H. Schacht.
CRS Report 95-834. Proposals to Eliminate the U.S. Department of Commerce:
An Issue Overview, by Edward Knight.
CRS Report RL30139. The National Oceanic and Atmospheric Administration
(NOAA): Budget Activities and Issues for the 106th Congress, by Wayne
Morrissey.
The Judiciary
CRS Reports
CRS Report 98-510. Judicial Nominations by President Clinton During the 103rd-
106th Congresses, by Denis Steven Rutkus.
CRS Report RS20278. Judicial Salaries: Current Situation, by Sharon S. Gressle.
CRS Report RS20554. The Ninth Circuit Court of Appeals: Should It Be Split into
Two Circuits?, by Denis Steven Rutkus.
Other Information
U.S. Administrative Office of the United States Courts. Budget Estimates for
Fiscal Year 2001 Congressional Submission. 13 sections, separately
paginated.
U.S. Administrative Office of the United States Courts. “Finally, a Budget! Year
2000 Brings COLA for Judges,” The Third Branch, vol. 31, December 1999,
pp. 1,2. [http://www.uscourts.gov/ttb/dec99ttb/budget.html]
U.S. Administrative Office of the United States Courts. “The [Chief Justice’s] 1999
Year-End Report on the Federal Judiciary,” The Third Branch, vol. 32,
January 2000, pp. 1-8. [http://www.uscourts.gov/ttb/jan00ttb/jan2000.html]
U.S. Congress, House Committee on Appropriations, Subcommittee on the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies, Department of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations for 2000, hearings, part 8, 106th Cong., 1st
sess., March 4 & 10, 1999 (Washington: GPO, 1999), pp. 1-58 (Supreme

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CRS-72
Court of the United States), pp. 59-101 (Architect of the Capitol), and pp.
103-263 (the Federal Judiciary and the Administrative Office).
Department of State
CRS Reports
CRS Report RL30591. State Department and Related Agencies FY2001
Appropriations, by Susan Epstein.
CRS Report RL30197. State Department and Related Agencies FY2000
Appropriations, by Susan Epstein.
CRS Report 98-624. State Department and Related Agencies FY1999
Appropriations, by Susan Epstein.
CRS Report 98-771. Embassy Security: Background, Funding, and FY2000 Budget
Request, by Susan B. Epstein.
CRS Report RL30662. Embassy Security: Background, Funding, and the FY2001
Budget, by Susan B. Epstein.
Other Related Agencies
CRS Reports
CRS Report 95-178. Legal Services Corporation: Basic Facts and Current Status,
by Karen Spar and Carmen Solomon-Fears.
CRS Report 96-649. Small Business Administration: Overview and Issues, by
Bruce K. Mulock.
Selected World Wide Web Sites
House Committee on Appropriations
[http://www.house.gov/appropriations]
Senate Committee on Appropriations
[http://www.senate.gov/~appropriations/]
CRS Appropriations Products Guide
[http://www.loc.gov/crs/products/apppage.html#la]
Congressional Budget Office
[http://www.cbo.gov]
General Accounting Office

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CRS-73
[http://www.gao.gov]
Office of Management & Budget
[http://www.whitehouse.gov/OMB/]

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CRS-74
Appendix
Table 1A. Appropriations Funding for Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies, FY2000 and
FY2001
(in millions of dollars)*
House
Final
FY2001
Bill
Senate Bill
Bill,
Department or Agency
FY2000
Request
H.R.
H.R. 4690
H.R.
4690
4690
Title I. Department of Justice
Office of Justice Programs
4,084.7
3,737.5
4,080.4
3,066.61
-
(VCRTF funds only)2
(1,239.5)
(0.0)
(0.0)
(0.0)
-
Legal Activities
2,871.7
3,230.3
3,065.0
3,058.6
-
(VCRTF funds only)2
(357.5)
(0.0)
(0.0)
(0.0)
-
Interagency Law
-
Enforcement
316.8
328.9
328.9
316.8
Federal Bureau of
-
Investigation (FBI)
3,091.2
3,307.1
3,230.8
3,120.3
(VCRTF funds only)2
(753.0)
(0.0)
(0.0)
(0.0)
-
Drug Enforcement
-
Administration (DEA)
1,281.8
1,373.3
1,367.8
1,345.7
(VCRTF funds only)2
(343.3)
(0.0)
(0.0)
(0.0)
-
Immigration and
-
Naturalization Service (INS)
3,009.3
3,305.1
3,231.9
3,028.7
(VCRTF funds only)2
(1,267.2)
(0.0)
(0.0)
(0.0)
-
Federal Prison System
3,671.9
5,710.9
4,269.7
4,301.5
-
(VCRTF funds only)2
(22.5)
(0.0)
(0.0)
(0.0)
-
General Provisions
0.0
0.0
0.0
0.0
-
Other
319.3
658.4
685.9
488.4
-
(VCRTF funds only)2
(50.3)
(0.0)
(0.0)
(0.0)
-
Total: Justice Department
-
18,646.5 20,325.3 20,237.3
18,726.6
(VCRTF funds only)2
(4,033.2)
(0.0)
(0.0)
(0.0)
-
Title II. Department of Commerce and Related Agencies
General Administration
51.5
74.1
49.4
67.1
-
Bureau of Census
4,758.5
719.2
670.9
693.6
-
Economic and Statistical

-
Analysis
49.5
54.7
49.5
54.0
International Trade
-
Administration
308.5
352.1
318.4
315.7
Bureau of Export
-
Administration
54.0
71.5
53.8
61.0

---

CRS-75
House
Final
FY2001
Bill
Senate Bill
Bill,
Department or Agency
FY2000
Request
H.R.
H.R. 4690
H.R.
4690
4690
Minority Business
-
Development Agency
27.3
28.2
27.3
27.0
National Oceanic and
-
Atmospheric Administration
2,343.7
2,761.2
2,231.0
2,687.0
Patent and Trademark
-
Office3
(871.0) (1,038.7)
(904.9)
(824.5)
Technology Administration
-
7.9
8.7
7.9
8.2
National Institute of
-
Standards and Technology
639.0
713.0
423.0
596.6
National
-
Telecommunications and
Information Administration
52.9
225.5
57.5
76.9
Economic Development

-
Administration
388.4
436.9
388.4
249.5
Subtotal: Commerce
-
Department
8,649.3
5,445.2
4,277.0
4,836.8
Related Agencies
Office of the U.S. Trade
-
Representative
25.6
29.6
29.4
29.6
International Trade
-
Commission
44.5
49.1
47.0
49.1
Subtotal: Related Agencies
-
70.1
78.7
76.4
78.7
Total: Dept. of Commerce
and Related Agencies
8,719.4
5,523.9
4,353.4
4,915.5
-
Title III. Judiciary
Supreme Court — salaries
-
and expenses
35.5
37.7
36.8
37.6
Supreme Court — building
-
and grounds
8.0
7.5
7.5
7.5
U.S. Court of Appeals for
-
the Federal Circuit
16.8
19.5
17.8
17.9
U.S. Court of International
-
Trade
12.0
12.5
12.3
12.4
Courts of Appeals, District
-
Courts, other judicial
services — salaries and
expenses
3,114.7
3,498.7
3,328.8
3,359.7
(VCRTF funds only)2
(156.5)
(0.0)
(0.0)
(0.0)
-

---

CRS-76
House
Final
FY2001
Bill
Senate Bill
Bill,
Department or Agency
FY2000
Request
H.R.
H.R. 4690
H.R.
4690
4690
Vaccine Injury Act Trust
-
Fund
2.5
2.6
2.6
2.6
Defender Services
385.1
440.4
420.3
416.4
-
(VCRTF funds only)2
(26.2)
(0.0)
(0.0)
(0.0)
-
Fees of Jurors and
-
Commissioners
60.9
60.8
60.8
59.6
Court Security
193.0
215.4
198.3
199.6
-
Administrative Office of the
-
U.S. Courts
55.0
61.2
58.3
50.0
Federal Judicial Center
18.0
19.3
18.8
19.2
-
Retirement Funds
39.7
35.7
35.7
35.7
-
U.S. Sentencing Commission
-
8.5
10.6
9.6
9.9
General Provisions – Judges’
-
Pay Raise
9.6
0.0
0.0
8.8
Total: Judiciary
3,959.3
4,422.0
4,207.7
4,237.0
-
(VCRTF funds only)2
(182.8)
(0.0)
(0.0)
(0.0)
-
Title IV. Department of State and International Broadcasting 4
Administration of Foreign
-
Affairs
4,043.1
4,711.2
4,644.4
4,465.9
International Organizations
-
and Conferences
1,736.2
1,684.7
1,378.6
1,545.9
International Commissions

-
46.8
62.2
47.1
61.0
Related Appropriations
54.4
57.2
39.9
44.5
-
Subtotal: State Department 5
-
5,880.4
6,515.3
6,110.0
6,117.3
International Broadcasting
421.8
448.3
438.1
441.6
-
Total: State Department,
-
and International
Broadcasting
6,302.1
6,963.6
6,548.1
6,558.9

---

CRS-77
House
Final
FY2001
Bill
Senate Bill
Bill,
Department or Agency
FY2000
Request
H.R.
H.R. 4690
H.R.
4690
4690
Title V. Other Related Agencies
Maritime Administration
178.l
185.1
197.9
203.3
-
Census Monitoring Board
– 6
4.0
(3.5)6
--
-
Small Business
-
Administration
877.0
1,057.8
860.7
887.5
Legal Services Corporation
-
305.0
340.0
275.0
300.0
Equal Employment
-
Opportunity
Commission (EEOC)
282.0
322.0
290.9
294.8
Commission on Civil Rights
-
8.9
11.0
8.9
8.9
Federal Communications
-
Commission (FCC)
24.2 7
37.07
7.8 7
37.07
-
Federal Maritime
-
Commission
14.1
16.2
14.1
16.2
Federal Trade Commission8

-
0.0
0.0
0.0
0.0
Securities and Exchange
-
Commission (SEC) 9
367.8
422.8
392.6
489.7
-
State Justice Institute
6.9
15.010
4.5
14.8
-
U.S. Commission on
-
International Religious
Freedom
0.0
3.0
0.0
0.0
Other
3.8 11
2.811
2.911
3.111
-
Total: Related Agencies
2,068.4
2,409.0
2,055.7
2,248.8
-
Title VI. General Provisions
Section 604
0.0
0.0
0.0
23.0
-
Title VII. Rescissions
Department of Justice
-
-
-
-
-
Working capital fund
0.0
-10.0
0.0
-76.7
-
Legal Activities
-
-
-
-
-
Asset forfeiture fund
0.0
0.0
0.0
-96.4
-
Federal Bureau
-
-
-
-
-
Investigation
-
Information sharing
0.0
0.0
0.0
-40.0
-

---

CRS-78
House
Final
FY2001
Bill
Senate Bill
Bill,
Department or Agency
FY2000
Request
H.R.
H.R. 4690
H.R.
4690
4690
Drug Enforcement
Administration
Drug diversion fund
0.0
0.0
0.0
-40.0
-
Immigration and
-
Naturalization Service
Immigration
-
emergency fund
-1.1
0.0
0.0
0.0
Department of State and
-
Related Agencies
Contributions for
-
International
Peacekeeping
activities
0.0
0.0
0.0
-212.7
Broadcasting Board of
-
Governors
International
-
broadcasting
operations
-15.5
0.0
0.0
0.0
Maritime Administration
-
Maritime guaranteed
-
loan (Title XI
program)
0.0
0.0
-7.6
0.0
Small Business
-
Administration
Business Loans Program
-
Account
-13.1
0.0
0.0
0.0
Total, Title VII,
-
Rescissions
-64.7
-10.0
-7.6
-433.8
Title VIII. Southwest Border Capital Initiative
United States Marshal
-
Service
0.0
0.0
0.0
62.9
Immigration and
-
Naturalization Service
0.0
0.0
0.0
321.6
Judiciary
0.0
0.0
0.0
6.9
-
Total, Title VIII,
-
Southwest Boarder
Initiative
0.0
0.0
0.0
413.9
GRAND TOTAL:
39,631.0 39,633.8 37,394.6
36,690.0
-
(VCRTF funds only)2
4,216.0
0.0
0.0
0.0
-
*Figures are for direct appropriations only; in some cases, agencies supplement these amount
with offsetting fee collections, including collections carried over from previous years. These agencies
include: Immigration and Naturalization Service, Patent and Trademark Office, Small Business
Administration, Federal Communications Commission, Federal Trade Commission, and the

---

CRS-79
Securities and Exchange Commission. Information on such fees are contained in the background
and issues sections of this report.
Note: Details may not add to totals due to rounding.
1 This is a provisional total for OJP appropriations; this is based in part on the amounts approved
by the Senate in the FY2000 appropriations for this account. Final totals for FY2001 have not yet
been released by the Senate Appropriations Committee.
2Funds from the Violent Crime Reduction Programs (VCRTF) are provided as a subtotal in
parentheses. These are included in the overall total for each federal agency.
3The Patent and Trademark Office (PTO) is fully funded by user fees. The fees collected, but not
obligated during the current year, are available for obligation in the following fiscal year.
4As of October 1, 1999 both USIA and ACDA were consolidated into the Department of State.
International Broadcasting will remain an independent agency.
5In addition to appropriations, State has authority to spend certain collected fees from machine
readable visas, expedited export fees, etc. For FY2000 this amount equals $404.7 million; the
estimated amount for such fees for FY2000 in the President’s FY2001 request is $76.2 million.
6Appropriation of $3.5 million for FY2000 is contained in the appropriation for the Bureau of the
Census. The appropriation of $3.5 million for FY2001 is contained in the appropriation total for the
Bureau of the Census in the House bill.
7 For FY2000, Congress approved $210 million in overall funding resources for the FCC, consisting
of a direct appropriation of $24.2 million and $185.8 million in offsetting regulatory fee collections.
The President has requested $237.2 million in overall FY2001 funding resources, consisting of a
direct appropriation of $37.0 million (as shown in the above table) and $200.1 million in offsetting
regulatory fee collections. The House Appropriations Committee has recommended $207.9 million
in overall FY2001 funding, consisting of a direct appropriation of $7.8 million and $200.1 million
in offsetting regulatory fee collections. The Senate Appropriations Committee has recommended
$237.1 million in overall FY2001 funding, consisting of a direct appropriation of $37.0 million and
$200.1 million in offsetting regulatory fee collections.
8The FTC is fully funded by the collection of premerger filing fees.
9The SEC is fully funded by transaction fees and securities registration fees.
10Under the terms of its enabling legislation, the State Justice Institute is authorized to present its
budget request directly to Congress. For FY2001, the Institute has requested $15.0 million–as
distinguished from the President’s request, which calls for $6.9 million.
11Other includes agencies receiving appropriations of less than $1.7 million in FY1999 and FY2000.
These agencies include Commission for the Preservation of American Heritage Abroad; Commission
on Security and Cooperation in Europe; Commission on Electronic Commerce; the Marine Mammal
Commission, and the Commission on Ocean Policy (in Senate bill only).
Sources: U. S. House of Representatives. Committee on Appropriation; U.S. Senate. Committee
on Appropriations.

---