Order Code RL31309
Report for Congress
Received through the CRS Web
Appropriations for FY2003:
Commerce, Justice, and State,
the Judiciary, and Related Agencies
Updated January 13, 2003
Susan B. Epstein, Coordinator
Specialist in Foreign Policy and Trade
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ˜ The Library of Congress

Appropriations are one part of a complex federal budget process that includes budget
resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and
budget reconciliation bills. The process begins with the President’s budget request and is
bound by the rules of the House and Senate, the Congressional Budget and Impoundment
Control Act of 1974 (as amended), the Budget Enforcement Act of 1990, and current
program authorizations.
This report is a guide to one of the 13 regular appropriations bills that Congress considers
each year. It is designed to supplement information provided by the House and Senate
Commerce, Justice, State Appropriations Subcommittees. It summarizes the current
legislative status of the bill, its scope, major issues, funding levels, and related legislative
activity. The report lists the key CRS staff relevant to the issues covered and related CRS
products.
This report is updated as soon as possible after major legislative developments, especially
following legislative action in the committees and on the floor of the House and Senate.
NOTE: A Web version of this document with active links is
available to congressional staff at:
[http://www.crs.gov/products/appropriations/apppage.shtml].


Appropriations for FY2003: Commerce, Justice, and
State, the Judiciary, and Related Agencies
Summary
The Commerce, Justice, and State, the Judiciary, and other related agencies
(often referred to as CJS) appropriations for FY2003 are still pending in Congress.
President Bush sent the FY2003 budget request to Congress on February 4, 2002
seeking a total budget authority level for CJS appropriations of $42,346.7 million –
a mandatory level of $649.3 million and a discretionary level of $41,697.4 million
($43,907 million after score keeping adjustments). The major components of the
Administration’s FY2003 CJS request included: Department of Justice – $22,800.3
million; Department of Commerce – $5,552.2 million; the Judiciary – $5,241.6
million; and Department of State – $8,138.9 million. The Senate Appropriations
Committee reported out its CJS appropriations bill (S. 2778; S.Rept. 107-218) July
24, 2002. No House CJS bill was introduced. Congress passed a series of continuing
resolutions keeping the government running through November 22, 2002, with
funding based on FY2002 budget levels. The lame duck session of Congress resulted
in a final CR for 2002 (H.J.Res. 124, P.L. 107-245) which continued government
funding through January 11, 2003. The 108th Congress passed H.J.Res. 1/P.L. 108-2
on January 10th, keeping the government running through January 31, 2003.
In addition, Congress passed an FY2002 supplemental appropriation (H.R.
4775; H.Rept. 107-593) on July 24th, which the President signed into law on August
2nd (P.L. 107-206). Following are some key CJS issues:
Department of Justice. The FY2003 request was $22.8 billion, nearly $1
million below the FY2002 enacted level. The Senate Committee recommended
roughly $25.8 million, much of the difference in the Office of Justice Programs. Key
issues included: addressing terrorism, restructuring the Immigration and
Naturalization Service, tightening immigration and visa rules, and improving border
security.
Department of Commerce. The FY2003 request was $5.5 billion, more than 3%
below the FY2002 funding level. The decline was largely due to reduced funding for
science and technology. The Senate full committee recommended $5.9 billion,
raising science and technology funds. Key issues included the funding of
controversial technology programs and the enhancement of export control programs.
The Judiciary. The Senate Appropriations Committee recommended $4.97
billion, agreeing to the Judiciary’s request for cost-of-living salary increases for
judges and justices, but not to an increase in the hourly pay of court-appointed
attorneys representing indigent defendants in criminal cases or to emergency
supplemental funds for protective coating on windows in all federal courthouses.
Department of State. The FY2003 request was more than $7.6 billion, about 4%
above the FY2002 enacted level. The Department stressed its three top priorities
from the previous year: additional hiring; embassy security; and technology
improvements worldwide. The Senate Appropriations Committee recommended $7.4
billion, $214 million lower than the request.

Key Policy Staff
CRS
Area of Expertise
Name
Division
Telephone and E-Mail
Department of State and Int’l
Susan Epstein
FDT
7-6678
Broadcasting
sepstein@crs.loc.gov
Department of Commerce
Ben Canada
G&F
7-0632
bcanada@crs.loc.gov
Judiciary, FCC, and State Justice
Steve Rutkus
G&F
7-7162
Institute
srutkus@crs.loc.gov
Department of Justice
Denny Snook
DSP
7-7314
dsnook@crs.loc.gov
Department of Justice
Bill Krouse
DSP
7-2225
wkrouse@crs.loc.gov
NIST-Technology Programs
Wendy H. Schacht
RSI
7-7066
wschacht@crs.loc.gov
Telecommunications
Glenn McLoughlin
RSI
7-7073
gmcloughlin@crs.loc.gov
NOAA
Wayne Morrissey
RSI
7-7072
wmorrissey@crs.loc.gov
Equal Employment Opportunity
Linda Levine
DSP
7-7756
llevine@crs.loc.gov
Legal Services Corporation
Carmen Solomon-Fears
DSP
7-7306
csolomonfears@crs.loc.gov
EDA, SBA, and FTC
Bruce Mulock
G&F
7-7775
bmulock@crs.loc.gov
Maritime Industry
John Frittelli
RSI
7-7033
jfrittelli@crs.loc.gov
Trade agencies
Ian Fergusson
FDT
7-4997
ifergusson@crs.loc.gov
Bureau of the Census
Jennifer D. Williams
G&F
7-8640
jwilliams@crs.loc.gov
Patent & Trademark Office
Wendy H. Schacht
RSI
7-7066
wschacht@crs.loc.gov
Commerce Dept, Science and
Lennard G. Kruger
RSI
7-7070
Technology-related agencies
lkruger@crs.loc.gov
Immigration & Naturalization
Lisa Seghetti
DSP
7-4669
Service (INS)
lseghetti@crs.loc.gov
SEC
Mark Jickling
G&F
7-7784
mjickling@crs.loc.gov
Technical Coordinator
Marietta Sharperson
RSI
7-7726
msharperson@crs.loc.gov
Division abbreviations: ALD = American Law Division; G&F = Government and Finance Division; RSI =
Resources, Science, and Industry Division, DSP = Domestic Social Policy Division; FDT = Foreign Affairs,
Defense, and Trade Division.

Contents
Key Policy Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Funding Issues Resulting from the Continuing Resolution . . . . . . . . . . . . . . 2
FY2002 Supplemental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Recent-Year Funding Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
FY2003 Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Brief Survey of Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Government Performance Results Act (GPRA) Requirements . . . . . . . . . . . 7
Legislative Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Department of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
FY2003 Funding Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
FY2003 Budget Request and Authorization . . . . . . . . . . . . . . . . . . . . . 9
Department of Justice Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Department of Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
FY2003 Funding Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
The Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
FY2003 Funding Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Department of State and International Broadcasting . . . . . . . . . . . . . . . . . . . . . . 40
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
FY2003 Funding Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Other Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Background and Current Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Maritime Administration (MARAD) . . . . . . . . . . . . . . . . . . . . . . . . . . 46
The Small Business Administration (SBA) . . . . . . . . . . . . . . . . . . . . . 46
Legal Services Corporation (LSC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Equal Employment Opportunity Commission (EEOC) . . . . . . . . . . . . 48
Commission on Civil Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Federal Communications Commission (FCC) . . . . . . . . . . . . . . . . . . . 49

Federal Maritime Commission (FMC) . . . . . . . . . . . . . . . . . . . . . . . . 49
The Federal Trade Commission (FTC) . . . . . . . . . . . . . . . . . . . . . . . . 50
Securities and Exchange Commission (SEC) . . . . . . . . . . . . . . . . . . . 50
The State Justice Institute (SJI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Office of the U.S. Trade Representative (USTR) . . . . . . . . . . . . . . . . 52
U.S. International Trade Commission (ITC) . . . . . . . . . . . . . . . . . . . . 52
U.S. Commission on International Religious Freedom . . . . . . . . . . . . 52
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Appendix. Appropriations Funding for Departments of Commerce, Justice, State,
the Judiciary, and Related Agencies – FY2001, FY2002, and the FY2003
Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
List of Tables
Table 1. Funding Trends for Departments of Commerce, Justice, and State, and the
Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Table 2. Departments of Commerce, Justice, and State, and the Judiciary
Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Table 3. Status of CJS Appropriations, FY2003 . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Appropriations for FY2003:
Commerce, Justice, State, the Judiciary,
and Related Agencies
Most Recent Developments
In its first week of business, the 108th Congress passed a continuing resolution
(H.J.Res. 1/P.L. 108-2) keeping the government open through January 31, 2003.
After a series of continuing resolutions to keep the government running until after
the elections, the lame duck session of the 107th Congress had passed a CR (H.J.Res.
124/ P.L. 107-245) which continued FY2002 funding through January 11, 2003.
While the House never had introduced CJS FY2003 appropriations, the Senate
Appropriations Committee had reported its Commerce, Justice, State, Judiciary, and
Related Agencies (CJS) appropriations bill (S. 2778) on July 24th, recommending a
total of $47,067 million for the agencies. Also on July 24th, Congress passed an
FY2002 supplemental appropriation, which was signed into law (P.L. 107-206) on
August 2, 2002.

Overview
The 107th Congress did not complete FY2003 appropriations for the
Departments of Commerce, Justice, State, the Judiciary, and other related agencies
(often referred to as CJS appropriations). The Administration’s request for FY2003
totaled $42,346.7 million. Of that total, $649.3 million was mandatory and
$41,697.4 million was discretionary funding. After score keeping adjustments, such
as retirement accrual and use of fees, the FY2003 budget authority request totaled
$43,907 million.
The Senate Appropriations Committee introduced and reported out its FY2003
CJS appropriation bill (S. 2778, S.Rept. 107-218) on July 24, 2002. The Committee
recommended a total of $47,067 million. The major portion of the increase over the
President’s request was within the Department of Justice.
For FY2002 and after the September 11th terrorist attacks, Congress
reconsidered funding allocations in the conference of H.R. 2500 to bolster counter-
terrorism activities within each agency’s title in the bill. Congress enacted its CJS
appropriation (P.L. 107-77) totaling $41,706.6 million for FY2002. In addition,
Congress passed emergency supplemental appropriations (P.L. 107-38, P.L. 107-

CRS-2
117), transferring a total of $2,355.1 million from the Emergency Response Fund to
the agencies within the CJS appropriation.1
Funding Issues Resulting from the Continuing Resolution
As a result of the 107th Congress’ failure to pass 11 of the 13 appropriations,
nearly every agency and program in those 11 unpassed appropriations will struggle
with FY2003 activities and staff levels with FY2002 funding limitations. The CJS
appropriation was one of the 11 that did not get final congressional action for
FY2003. Therefore, the Commerce, Justice, and State Departments, as well as the
Judiciary and the numerous related agencies funded by the CJS appropriation will be
challenged to adequately fund salaries and expenses given increasing demands on the
agencies, in addition to inflation and exchange-rate changes. Three agencies within
CJS – the Judiciary, the Securities and Exchange Commission (SEC), and the Justice
Department’s Office for Domestic Preparedness – will face particular hardships
because of the continuing resolution.
The CR could hinder the distribution of terrorism preparedness funds to states
and localities. A number of state and local officials have expressed concern that
delaying such assistance, which is provided through the Justice Department’s Office
for Domestic Preparedness, will limit their ability to improve emergency response
capabilities.
The Chief Justice of the United States, William H. Rehnquist, warned that a
long-term continuing resolution (CR) would have a “significant, adverse impact” on
the federal judicial system. In an October 3, 2002 letter to the President and to House
and Senate leaders, the Chief Justice said that it is “problematic that, at a time when
the Judiciary faces significant workload and related cost increases for the most part
mandated by the Congress, the courts would be forced to reduce staffing levels” as
a result of a long-term CR.2
The Judiciary, the Chief Justice added, required additional funds above FY2002-
enacted appropriations “simply to maintain pace with existing workload” — a
workload, he explained, caused by the war on terrorism, continued increases in
criminal caseload, “skyrocketing” bankruptcy filings, and a steady growth in the
number of released felons requiring supervision by the court system’s probation
offices. The Chief Justice also expressed special concern about the impact of a long-
term CR on court security. “Because federal courts are such an inviting target for
terrorists,” he said, “Congress funded a number of new security initiatives in 2002
to protect the judges, staff, jurors, and public entering our courthouses.” Under the
1 The President signed the first emergency supplemental appropriation (P.L. 107-38) on
September 18, 2001; he signed legislation that provides additional emergency response
funds to some agencies on January 10, 2002 (P.L. 107-117).
2 “Chief Justice Asks for Full-Year Appropriation,” The Third Branch, vol. 34, October
2002, p. 1. Also available at [http://www.uscourts.gov/ttb/oct02ttb/oct02.html#justice].

CRS-3
terms of a long-term continuing resolution, however, the “need to fund these
initiatives for a full year in FY2003 could not be met.”3
Accordingly, the Chief Justice proposed, in his letter, that Congress provide the
Judiciary with a “full year appropriation” for FY2003, “at a funding level sufficient
to allow the courts to continue operations at FY2002 levels of service.” The request,
he said, was $242 million less than the Judiciary’s initial request for the courts in
January 2002.4
In response to corporate scandals, the 107th Congress passed the Sarbanes-
Oxley Act (P.L. 107-204) to strengthen regulation of corporate accounting and
auditing. Sarbanes-Oxley authorized $776 million for the SEC for FY2003, a 77%
increase over FY2002's $438 million appropriation. Without the increase, the SEC
will be hard-pressed to carry out the mandates of the new law, which require it to
oversee the creation of a new auditor oversight body, step up its inspections of
corporate financial statements, and enhance certain corporate disclosure programs.
FY2002 Supplemental
In addition to the President’s regular FY2003 budget request, the Administration
submitted an FY2002 supplemental funding request on March 21, 2002. Out of the
total $28.4 billion supplemental request, $427.7 million was for agencies within the
CJS appropriation bill. The House passed $753.6 million; the Senate passed
$1,280.2 million for the CJS supplemental funds. The final supplemental for CJS-
related agencies, which was signed on August 2, 2002 (P.L. 107-206), totaled about
$900 million, some of which was designated as contingent emergency funds. (For
more detail, see CRS report RL31406, Supplemental Appropriations for FY2002:
Combating Terrorism and Other Issues,
by Amy Belasco and Larry Nowels.)
Recent-Year Funding Trends
On November 14, 2001, Congress approved total FY2002 CJS funding of $41.6
billion. The President signed this measure into law on November 28th. Although the
CJS funding legislation was at the conference stage on September 11th, Congress
scrutinized security and anti-terrorism funding at the conference level and reallocated
funding because of the terrorist attacks. In addition, the FY2002 budget levels for
the Departments of Commerce, Justice, State and the Judiciary include the
emergency supplemental funding passed by Congress September 18, 2001.
3 Ibid. The newsletter of the federal courts, The Third Branch, explained, in an untitled
article appearing along-side the Chief Justice’s letter, that the Judiciary was asking
Congress to fund court services at $285 million over the FY2002-enacted court services
level. Among the consequences of a long-term CR, the article, said, would be the following:
“Additional security measures implemented post 9-11 in courthouses would be severely
curtailed”; payments to private Criminal Justice Act attorneys retained for indigent
defendants “would fall short”; and more than a month’s worth of civil jury trials “would be
halted because of insufficient money to pay juror fees.” Ibid., p. 2.
4 Ibid., p. 2.

CRS-4
The table below shows funding trends for the major agencies included in CJS
appropriations over the period FY1998-FY2002, including supplemental
appropriations. As seen in the table below, funding increased, in current dollars, for
the Department of Justice by $2,655 million (12.6%); for the Department of
Commerce by $591 million (11.3%); for the Judiciary by $452 million (10.6%); and
for the Department of State by $761 million (11.5%). Every agency except the
Department of Commerce has seen a continual increase in funds between FY1998
and FY2002. The Department of Commerce budget generally increased over these
years, with a greater than $3.5 billion increase in FY2000, largely due to funding the
cost of the 2000 decennial census. Its FY2001 level is comparable to its pre-census
level. The Department of State had a significant increase in its funding level from
FY1999 to FY2000, reflecting the increase in costs associated with the reorganization
of the foreign policy agencies into State. Of the 4 primary agencies within the CJS
appropriations, the Department of Justice received the greatest nominal increase of
$5,940 million from FY1998 to FY2002. The Department of State funding trend
since FY1998 shows the greatest percent increase of 82.4%; Justice budget grew by
33.4%, Commerce by 36.9%, and the Judiciary by 35.9%. Much of the State
Department increase has been attributable to increases in embassy security funding,
improvements in technology and staffing, along with the consolidation of the U.S.
Information Agency (USIA) and the Arms Control and Disarmament Agency
(ACDA) into the Department of State in 1999.
Table 1. Funding Trends for Departments of Commerce,
Justice, and State, and the Judiciary
(in millions of current dollars)
Department or Agency
FY1998
FY1999
FY2000
FY2001
FY2002
Justice
17,764
18,207
18,647
21,049
23,704
Commerce
4,251
5,098
8,649
5,153
5,739
Judiciary
3,464
3,652
3,959
4,255
4,707
State
4,037
4,359
5,880
6,601
7,362
Sources: Funding totals provided by Budget Offices of CJS and Judiciary agencies, and U.S. House
of Representatives, Committee on Appropriations.
FY2003 Appropriation
President Bush’s FY2003 budget request for new budget authority totaled
$43,907 million (after score keeping adjustments) for Commerce, Justice, State,
Judiciary, and Related Agency mandatory and discretionary spending. The FY2003
request for actual appropriations was $42,346.7 million–$640 million above the
FY2002 appropriation total of $41,706.6 million (after adjustments, but not including
use of fees).5 The Senate Appropriations Committee recommended $47,067 million
5 For more details on FY2002 appropriations see CRS Report RL31009, Appropriations for
FY2002: Commerce, Justice, and State, Judiciary, and Related Agencies
, by Susan B.
Epstein et. al.

CRS-5
for new budget authority in FY2003. Table 2 presents appropriations for the four
major agencies within the CJS appropriation bill.
Table 2. Departments of Commerce, Justice, and State, and the
Judiciary Appropriations
(in millions of dollars)
Senate
Department or
FY2003
FY2003
FY2001
House
Bill
Agency
Request
Enacted
S. 2887
Justice
21,049
22,800
25,780

Commerce
5,153
5,552
5,877

Judiciary
4,255
5,242
4,965

State
6,601
8,139
7,418

Sources: U.S. House Committee on Appropriations. This table does not include funds for
related agencies in the CJS legislation.
Brief Survey of Key Issues
In addition to heightened interest in counter-terrorism and security-related
activities since the September 11th attacks, some other contentious issues and
proposals that surfaced in the House and Senate debate over CJS appropriations for
FY2003 include:

! Restructuring the Federal Bureau of Investigation to improve
counter terrorism, intelligence collection and analysis, and internal
agency security.
! Restructuring the Immigration and Naturalization Service, by
separating the agency’s services and enforcement functions, to
improve application processing and increase border security.
! Reassessing the Department of Justice’s role in providing domestic
preparedness training and assistance to state and local first
responders, and possibly shifting related programs to the Federal
Emergency Management Agency.
! Streamlining community policing and crime prevention programs
administered by the Department of Justice’s Office of Justice
Programs.
Other issues or concerns receiving attention included the following:
Department of Justice:
! Reducing firearms-related violence through enforcement of existing
laws.

CRS-6
! Reducing the supply and use of illicit drugs.
! Improving juvenile justice, reducing violence against women, and
providing legal assistance to victims of crime.
! Addressing civil rights violations, including racial profiling and
infringement of voter rights.
! Establishing new efforts and capacities to fight cybercrime.
! More efficiently managing contract detention space.
! Establishing an entry/exit control system to track non-citizens
admitted temporarily to the United States.
Department of Commerce:
! The Administration’s proposal to eliminate National
Telecommunications and Information Administration’s (NTIA’s)
Technology Opportunities Program (TOP), as well as significantly
reduce funding for NTIA’s program to support construction of
public broadcast facilities.
! 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 (ATP) and the Manufacturing Extension
Partnership (MEP).
! The Administration’s proposal to transfer the National Sea Grant
Program from the National Oceanic and Atmospheric
Administration (NOAA) to the National Science Foundation, amid
opposition from state Sea Grant partners and institutions.
! Funding for full implementation of the Census Bureau’s American
Community Survey, which will produce detailed demographic data
for every U.S. community by 2008 and replace the decennial census
long form in 2010, and for improved quality and timeliness of
economic statistics collected by the Bureau.
! Increasing funding for the Bureau of Export Administration (to be
renamed the Bureau of Industry and Security) to better enforce U.S.
export regulations, specifically with regard to strategically-sensitive
information.
Department of State:
! Visa issuance policies and the Homeland Security proposals.

CRS-7
! Expanded public diplomacy activities focusing on Muslim/Arab
populations.
! Increased hiring of foreign, civil service, and security experts.
! Improved information/communication technology.
The Judiciary:
! Whether to increase the hourly rate of pay to court-appointed “panel
attorneys” representing indigent defendants in federal criminal cases.
! Whether, as the Judiciary contends, federal judges and justices
should receive a cost-of-living salary increase.
! Whether, in the interests of court security, to provide emergency
supplemental funding for protective film on windows in all of the
nation’s federal courthouses.
Other Agencies:
! adequacy of funding for the Securities and Exchange Commission
(SEC) to investigate corporate fraud.
! Whether to end federal funding for the State Justice Institute.
! Adequacy of funding for the Equal Employment Opportunity
Commission.
! Adequacy of funding for programs of the Small Business
Administration (SBA).
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 individual agencies within this report.
Legislative Status
On February 4, 2002, President Bush submitted the FY2003 budget request for
appropriations for the Departments of Commerce, Justice, and State, the Judiciary

CRS-8
and related agencies. The House and Senate CJS Appropriations Subcommittees
held hearings throughout March, April, and May. The Senate Appropriations
Committee reported out S. 2778 on July 24, 2002. No other congressional action
occurred on the CJS appropriation. The table below shows the key legislative steps
that occurred for the enactment of FY2003 CJS appropriations legislation.
Table 3. Status of CJS Appropriations, FY2003
Subcommittee Markup
House
Senate
Senate
Conference
Conference Report Approval
Public
House Passage
Report
Report
Passage
Report
Law
House
Senate
House
Senate
S.Rept.







107-218
Department of Justice
Background
Title I of the CJS bill typically covers appropriations for the Department of
Justice (DOJ). Established by an Act of 1870 (28 U.S.C. 501) with the Attorney
General at its head, DOJ provides counsel for citizens and protects them through
effective law enforcement. It represents the federal government in all proceedings,
civil and criminal, before the Supreme Court. And in legal matters generally, the
Department provides legal advice and opinions, upon request, to the President and
executive branch department heads. Agencies in the departmental budget include:
! United States Attorneys prosecute criminal offenses against the
United States, represent the federal government in civil actions, and
initiate proceedings for the collection of fines, penalties, and
forfeitures owed to the United States.
! United States Marshals Service provides security for the federal
judiciary, protects witnesses, executes warrants and court orders,
manages seized assets, and detains and transports unsentenced
prisoners.
! Federal Bureau of Investigation (FBI) investigates violations of
federal criminal law; protects the United States from terrorism and
hostile intelligence efforts; provides assistance to other federal, state
and local law enforcement agencies; and shares jurisdiction with
Drug Enforcement Administration (DEA) over federal drug
violations.
! Drug Enforcement Administration (DEA) investigates federal drug
law violations; coordinates its efforts with state, local, and other
federal law enforcement agencies; develops and maintains drug
intelligence systems; regulates legitimate controlled substances

CRS-9
activities, and conducts joint intelligence-gathering activities with
foreign governments.
! Immigration and Naturalization Service (INS) administers and
enforces immigration law by admitting or excluding aliens at the
border, investigating immigration law violations, apprehending and
processing for removal aliens illegally residing in the United States,
and processing immigration- and naturalization-related applications.
! 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.
! Office of Justice Programs (OJP) manages and coordinates the
activities of the Bureau of Justice Assistance, Bureau of Justice
Statistics, National Institute of Justice, Office of Juvenile Justice and
Delinquency Prevention, Community Oriented Policing Services
(COPS), and the Office of Victims of Crime.
FY2003 Funding Issues
Defending the Nation against future terrorist attacks has become the principal
focus of the Department of Justice. To this end, the Department is increasing its
efforts to disrupt and dismantle terrorist organizations, provide greater border
security to prevent terrorists from entering the country, and bring to justice those
persons who carry out terrorist attacks against American interests at home and
abroad. With the approval of the Attorney General, the Federal Bureau of
Investigation has completed phase 1 of a reorganization, realigning and centralizing
FBI assets for more effective counterterrorism, counterintelligence, and internal
agency security. The Immigration and Naturalization Service is also undergoing an
internal reorganization to separate the agency’s service and enforcement functions
to improve the processing of immigration-related applications and provide enhanced
border security.
Crime control has traditionally been viewed as a state and local responsibility.
Beginning with the passage of the Crime Control Act of 1968 (P.L. 90-351), the
federal role in the administration of criminal justice has increased incrementally.
Since 1984, Congress has enacted five major omnibus crime control bills,
establishing new crimes, penalties, and additional law enforcement assistance
programs for state and local governments. Crime control is one of the few areas of
the federal budget where discretionary spending has increased over the past two
decades.
FY2003 Budget Request and Authorization. For the Department of
Justice (DOJ), the Senate provided DOJ with $25.78 billion for FY2003, a nearly 9%
increase over the department’s FY2002 enacted budget of $23.7 billion. The Senate
amount included funding enhancements to improve the department’s information
management platforms and narrowband communications that were not requested by

CRS-10
the Administration. Unlike the Administration request, the Senate bill did not
envision a transfer of the Office of Domestic Preparedness from DOJ to the Federal
Emergency Management Agency, nor did it eliminate the Byrne Grants programs.
The Administration requested $22.8 billion, or 4% less than the department’s
FY2002 enacted budget. While representing a net decrease, the Administration’s
FY2003 request included about $2.0 billion in funding enhancements for counter
terrorism activities focused on disrupting terrorist networks, preventing terrorist
attacks, and bringing offenders to justice; according to the Administration, these
increases were to be offset by projected reductions in non-recurring costs and other
offsets in the agency and program budgets.
Related initiatives for which the Administration requested funding included the
more timely and effective use of intelligence by the FBI and INS, new resources for
FBI cybercrime initiatives, and revamping the FBI’s outdated information technology
infrastructure. Border security initiatives included doubling the number of Border
Patrol agents and immigration inspectors on the northern border, developing an
effective alien entry/exit control system, and INS restructuring. The Senate bill
provided the same amounts as requested by the Administration for these initiatives.
In addition, the Senate bill provided additional funding to merge and revamp INS’s
information systems and to increase departmental narrowband communications.
In regard to state and local law enforcement assistance, the Administration
proposed realigning justice assistance grant programs with a stronger emphasis on
accountability and establishing a new grant program for election reform. Also, to
improve financial accountability and coordination, the Administration proposed
consolidating the disbursement of detention funding for certain Justice agencies in
the Office of the Federal Detention Trustee. The Senate bill provided the same
amounts as requested by the Administration for this office. It funded some grant
programs marked for elimination by the Administration, but not others.
Meanwhile, the House and Senate passed different versions of a bill to authorize
the making of appropriations for the Department of Justice for FY2003 (H.R. 2215).
The last fiscal year for which Congress completed legislation authorizing the DOJ
budget was 1981.
Department of Justice Accounts. The DOJ budget account structure
roughly mirrors the departmental organizational structure. Congress appropriates
funding for each account. The activity, agency, and program account structure,
however, is not uniform. Some accounts represent a single agency, e.g., the Drug
Enforcement Administration account. The Legal Activities account, by comparison,
includes multiple activity, agency, and program accounts. The Office of Justice
Programs account includes a series of law enforcement assistance grant programs, in
addition to departmental office and bureau accounts. (For an overview of
departmental accounts, see Table 1.)
In the table and text below, the amounts recommended by the Senate
Appropriations Committee are given by account, and are compared to last year’s
funding in terms of percent increase or decrease. From accompanying report
language, amounts for specific initiatives and programs are given as well. Where

CRS-11
possible comparisons are made to the amounts requested by the Administration.
Also, the Administration’s FY2003 request is compared to last year’s enacted
funding level or appropriation. In regard to the Administration’s request, some major
requested budget increases over the activity or agency base budgets are also given.
Base budgets reflect the Administration’s estimate of the level of funding necessary
to conduct FY2002's anticipated level of activities and services in FY2003. Hence,
increases “over base” are amounts requested by the Administration to carry out new
or additional activities and services.
Title I. Department of Justice Budget Accounts
(millions of dollars)
FY2001
FY2002
FY2003 FY2003 FY2003 FY2003
Accounts
enacted
enacteda
request
House
Senate
Confer.
General Administration
718.1
442.9
1,985.3
2,135.9
U.S. Parole Commission
8.8
9.9
10.9
10.1
Legal Activities
3,143.4
3,539.7
3,060.8
2,992.3
General legal activities
534.6
561.7
645.3
579.5
U.S. Attorneys
1,247.6
1,410.3
1,506.4
1,474.8
U.S. Marshals Service
602.9
668.0
715.5
744.3
Prisoner detention
596.1
706.2


Other
162.1
193.5
193.5
193.5
Radiation Exposure
Compensation
12.8
2.0
2.0

Interagency Law Enforcement
325.2
338.6
362.1
347.1
Federal Bureau of Investigation
3,245.1
4,269.9
4,203.8
4,203.8
Salaries, expenses,
construction

2,808.4
3,810.6
3,731.1
3,728.5
Counterintelligence; nat.
security

436.7
459.2
472.7
475.3
Drug Enforcement
Administration
1,360.1
1,481.8
1,545.9
1,530.5
Immigration & Naturalization
Service
(direct appropriations)
3,252.0
4,049.3
4,032.4
4,030.7
enforcement; border affairs
(2,541.5)
(3,189.5) (3,158.2)

citizenship, benefits; support
(577.5)
(631.7)
(88.6)

(2,311.1
fee accounts
(1,549.5)
(2,142.9) (2,311.1)
)
construction
(133.0)
(228.1)

(265.4)
support; administration


(785.6)

Total: INS net budget authority
(6,341.8
with fees
(4,801.5)
(6,192.2) (6,343.5)
)
Federal Prison System
4,306.4
4,625.6
4,480.4
4,586.9
Office of Justice Programs
4,657.5
4,944.4
3,116.7
5,942.8
Justice assistance
417.3
837.0
214.0
2,242.1
State and local law
enforcement

2,842.7
2,654.5
751.9
1,827.7
Weed and seed program
33.9
58.9
58.9
58.9

CRS-12
FY2001
FY2002
FY2003 FY2003 FY2003 FY2003
Accounts
enacted
enacteda
request
House
Senate
Confer.
Community policing services
1,030.1
1,050.4
1,381.0
1,062.6
Juvenile justice programs
297.9
305.9
257.8
298.4
Election reform grants


400.0
400.0
Public safety officers benefits
35.6
37.7
53.1
53.1
Total: Justice Department
21,029.5
23,704.0 22,800.3
25,780.0
Source: H.Rept. 107-139 for FY2001enacted, S.Rept. 107-218 for FY2002 enacted, FY2003 request,
and FY2003 Senate recommendations.
aThe FY2002 enacted figures include supplemental funding provided by the FY2002 Department of
Defense Appropriations Act (P.L. 107-117).
For General Administration, the Senate-reported bill provided $2.136 billion,
a 382% increase over the $443 million appropriated for FY2002. The FY2003
request included $1.985 billion, a 348% increase over the FY2002 amount. As in the
Administration’s request, the bulk of this increase would go to the Detention Trustee
account to better manage departmental funding for contracted detention space.
Besides the Detention Trustee, the General Administration account funds the
Attorney General’s office, senior departmental management, a counter terrorism
fund, and the Inspector General’s office. The Senate bill also provided increased
funding to: 1) continue development of the Joint Automated Booking System
(JABS), 2) integrate of the FBI and INS biometric fingerprint identifications systems
(IAFIS and IDENT), 3) upgrade and merge INS databases into an “interoperable law
enforcement and intelligence data system (Chimera), and 4) increase narrowband
communications.
For the Federal Detention Trustee’s office, the Senate bill provided $1.386
billion for FY2003, nearly the same amount as requested by the Administration. The
Detention Trustee’s office was established in FY2001, with a $1 million
appropriation, to manage contractual detention funding for the Department. For
FY2003, the contractual detention resources of the Immigration and Naturalization
Service ($611 million) and the U.S. Marshals Service ($706 million) would be
consolidated under this office. While these agencies would remain responsible for
daily detention operations, the Detention Trustee’s Office would manage the
disbursement of funds, which were previously carried under separate accounts. The
FY2003 request also included $5 million for the creation of a National Clearinghouse
for Detention Space within this office to serve as a repository of available detention
space in the United States (state, local, and private). The office would also oversee
a study to improve the Joint Prisoner and Alien Transportation System (JPATS).
For the counter terrorism fund, the Senate bill provided no funding. The
FY2003 request included $35 million, as compared to $5 million provided last year,
to detect, investigate, and prosecute domestic or international terrorism. Senate
report language pointed out that these monies were previously appropriated to
reestablish agency operations damaged or destroyed as a result of a terrorist incident
and to provide the DOJ with flexibility following such an incident. The monies
requested for FY2003 were for the FBI to reimburse the DEA. According to report
language, this funding was included in the FBI account (described below).

CRS-13
The Office of the Inspector General (OIG) is responsible for investigating
departmental misconduct. In FY2001, the Attorney General ordered the OIG to
investigate allegations of misconduct at the Federal Bureau of Investigation and the
Drug Enforcement Agency. Previously such responsibility resided with the
respective agency offices of professional responsibility.6 The Senate Committee on
the Judiciary reported a measure, the Federal Bureau of Investigation Reform Act of
2002 (S. 1974), that included a provision to make such oversight statutory. To
assume these new responsibilities, the FY2003 request included $64 million for the
OIG, as compared to an enacted funding level of $51 million in FY2001, a 25%
increase. The Senate-reported bill provided $55 million for the OIG, an 8% increase
over the FY2002 budget.
The U.S. Parole Commission adjudicates parole requests by federal and D.C.
Code prisoners who are serving felony sentences. For the commission, the FY2003
request was $11 million as compared to the enacted FY2002 funding level of $10
million. The authorization for the parole commission was due to expire in November
2002, but the 21st Century Department of Justice Appropriations Authorization Act
(P.L. 107-273) has authorized to be appropriated $10 and $11 million for the
commission for FY2002 and FY2003, respectively. The Senate bill provided $10
million for the parole commission for FY2003.
The Legal Activities account includes several accounts: (1) general legal
activities, (2) U.S. Attorneys, (3) the U.S. Marshals Service, (4) prisoner detention,
and (5) other legal activities. Among other things, the general legal activities
account funds the Solicitor General’s supervision of the department’s conduct in
proceedings before the Supreme Court. It also funds several departmental divisions
(tax, criminal, civil, environment and natural resources, legal counsel, civil rights,
and antitrust). For FY2003, the Senate bill provided $2.992 billion for this account,
or 15% less than the amount provided for this account for FY2002. The Senate
amount reflected a $706 million transfer to the Detention Trustee’s office (discussed
above), an additional $20 million for the U.S. Attorneys’ Anti-terrorism Task Forces
to coordinate a port security pilot project, and an increase of nearly $29 million more
than the Administration’s request for the Marshals Service. By comparison, the
Administration’s request included $3.061 billion for this account, or nearly 14% less
than the $3.540 billion provided for FY2002.
The general legal activities account funds the Solicitor General’s supervision
of the department’s conduct in proceedings before the Supreme Court. It also funds
several departmental divisions (tax, criminal, civil, environment and natural
resources, legal counsel, civil rights, and antitrust). For FY2003, the Senate bill
provided $579 million for this account, or 3% more than the $562 million provided
for FY2002. The Administration requested $645 million for this account, a 15%
increase over the FY2002 amount.
The U.S. Attorneys and the U.S. Marshals Service are present in all of the 94
federal judicial districts. The U.S. Attorneys prosecute criminal cases and represent
6 For further information, see CRS Report RS20944, Statutory Inspector General for the
FBI: Overview and Issues
, by Frederick M. Kaiser and Diane T. Duffy.

CRS-14
the federal government in civil actions. For the U.S. Attorneys, the Senate bill
provided $1.475 billion for FY2003, nearly 5% more than the $1.410 billion
provided for FY2002. The Administration’s request included $1.506 billion, or
nearly 7% more than FY2002 amount. The U.S. Marshals are responsible for the
protection of the Federal Judiciary, protection of witnesses, execution of warrants and
court orders, and custody and transportation of unsentenced federal prisoners. The
Senate bill provided the Marshals account with $744 million, or 11% more than the
$668 million provided for FY2002. The Administration’s request included $715
million, or 7% more than the FY2002 amount.
For other legal activities. e.g., the Community Relations Service, the
Independent Counsel, the U.S. Trustee Fund, and the Asset Forfeiture program, the
FY2003 request included $211 million, slightly more than for FY2002. The Senate
bill provided $194 million for these purposes.
The Radiation Exposure Compensation account funds a program to
compensate individuals exposed to radiation during atmospheric nuclear tests or
uranium production. To administer programs under this account, the FY2003 request
included $2 million, the same amount as appropriated for FY2002. The Senate bill
provided no additional funding for this account.
The Interagency Law Enforcement account reimburses departmental agencies
for their participation in the Organized Crime Drug Enforcement Task Force
(OCDETF)
program. Organized into 9 regional task forces, this program combines
the expertise of federal agencies7 with the efforts of state and local law enforcement
to disrupt and dismantle major narcotics trafficking and money laundering
organizations. The FY2003 request included $362 million for OCDETF, as
compared to an enacted funding level of $339 million in FY2002, a 7% increase.
This requested increase included $15 million over base to increase counter-narcotics
trafficking efforts. The Senate bill provided $347 million for this account, $15
million less than the Administration’s request.
The Federal Bureau of Investigation (FBI), as the lead federal investigative
agency, has recently reorganized to focus on counter terrorism. For FY2003, the
Senate bill provided nearly the same amount as requested by the Administration for
the FBI. It provided $4.204 billion, as compared to the agency’s FY2002
appropriation of $4.270 billion, or a 2% decrease. According to the Administration,
however, the FY2003 request included $446 million in budget increases for counter
terrorism, offset by projected reductions in non-recurring costs and other offsets in
the agency’s budget. These counter terrorism increases included: (1) $218 million
for related criminal investigations, (2) $25 million for forensics services, (3) $148
million for information management and telecommunications, (4) $37 million for
technical field support, and (5) $17 million for management and administration.
7 The federal agencies that participate in OCDETF are the Drug Enforcement
Administration; Federal Bureau of Investigation; U.S. Customs Service; Internal Revenue
Service; Bureau of Alcohol, Tobacco and Firearms; U.S. Coast Guard; U.S. Marshals
Service; Immigration and Naturalization Service; the Justice Tax and Criminal Divisions;
and the U.S. Attorneys.

CRS-15
The Drug Enforcement Administration (DEA) is the lead federal agency tasked
with reducing the illicit supply and abuse of dangerous narcotics and drugs. For
FY2003, the Senate bill provided DEA with $1.53 billion, a $3% increase over the
$1.482 provided for FY2002. This amount was $15 million less than the
Administration’s request. The FY2003 request included a $29 million increase over
base: (1) nearly $11 million for domestic enforcement, (2) $7 million for foreign
cooperative investigations, (3) $10 million for management and administration, and
(4) smaller amounts for intelligence and the DEA lab.
For the Immigration and Naturalization Service (INS), the FY2003 request
included $4.032 billion in direct funding as compared to an enacted FY2002 funding
level of $4.049 billion, a slight decrease. In addition, the Administration anticipated
that the agency would receive $2.311 billion in fee receipts in FY2003 as compared
to $2.143 billion in FY2002. As Congress appropriates projected fee receipts for
obligation by INS, the total requested FY2003 budget for INS was $6.343 billion, as
compared to the agency’s enacted FY2002 budget of $6.192 billion, a 2% increase.
Congress has passed the Homeland Security Act of 2002 (P.L. 107-296). This
Act dismantles INS, splits the agency’s service and enforcement functions, and
transfers them to the Department of Homeland Security as separate bureaus. Prior
to the homeland security debate, the Administration had already initiated a
restructuring plan to split these functions within INS.8 In line with these plans, the
Administration’s FY2003 request would allocate direct funding and projected fee
receipts for the following functions: $3.977 billion to enforcement, $1.464 billion
for services, and $883 million for support and administration. Over the agency’s
base budget, the FY2003 request includes $976 million in budget increases: $781
million for enforcement, $50 million for services, and $144 million for support and
administration. The increase for enforcement includes $362 million for the continued
development of entry/exit control and, for the northern border, $76 million for 570
additional border patrol agents, and $34 million for 460 additional immigration
inspectors. The $50 million for services is requested to reduce the average
processing time for all immigration-related applications to 6 months. The increase
for shared services included $83 million for electronic information management
upgrades and $40 million for restructuring, among other things.
For FY2003, the Senate bill, which did not anticipate the passage of the
Homeland Security Act, provided INS with $6.342 billion in total funding, slightly
below the Administration’s request. This amount included $4.031 in direct funding
and $2,311 billion in anticipated fee receipts. Senate report language did not include
budget breakouts for immigration enforcement, services, and administration. The
Senate bill provided the same amounts as requested by the Administration for
entry/exit control, additional border patrol agents, a transfer of agents from the
southern to the northern border, and additional land border inspectors. To address
high attrition rates in the ranks of the Border Patrol and Inspections, the Senate bill
also provided $37 million to increase the Border Patrol and Inspections journey level
from GS-9 to GS-11. In addition, the bill sets user fee receipts at $51 million to hire
8 For additional information, see CRS Report RL31388, Immigration and Naturalization
Service: Restructuring Proposals in the 107th Congress
, by Lisa Seghetti.

CRS-16
700 additional air and sea port inspectors, and $265 million in direct funding for
construction of INS facilities on the border. As requested by the Administration, the
Senate bill provided $50 million in examination fee receipts to reduce application
processing times down to a national average of 6 months.
The Federal Prison System maintains 106 penal institutions nationwide, and
contracts with state, local, and private concerns for additional detention space. The
Administration projected that this system will house an average daily population of
143,197 sentenced offenders in federal institutions, and another 28,043 in contract
facilities, in FY2003. For FY2003, the Senate bill provided the Federal Prison
System with $4.587 billion, a slight decrease as compared to the $4.626 billion
provided for FY2002, but $106 million more than the Administration’s request of
$4.480 billion. Under the salaries and expenses account, the Administration’s
FY2003 request included the following increases over base: (1) $67 million for
inmate care and programs and (2) $73 million for inmate security and administration.
Under the buildings and facilities account, the FY2003 request included $205 million
for new construction (a net increase of 2,095 beds): one secure facility for females,
one medium security federal correctional institution, and expansion of three other
facilities.
The Office of Justice Programs (OJP) manages and coordinates the National
Institute of Justice, Bureau of Justice Statistics, Office of Juvenile Justice and
Delinquency Prevention, Office of Victims of Crimes, Bureau of Justice Assistance,
and several grant programs. The Senate bill provided OJP with $5.943 billion, or
20% more than the $4.944 billion provided for FY2002. The Administration’s
request included $3.117 billion, or 37% less than the FY2002 amount. The Senate
amount included funding for the Byrne grant programs and for the Office of
Domestic Preparedness. By comparison, the Administration proposed transferring
$1.2 billion in funding from OJP to the Federal Emergency Management Agency
(FEMA) to fund and consolidate domestic preparedness programs by eliminating
about $1.8 billion in state and local assistance grant programs.
The Justice Assistance account funds the operations of OJP bureaus and offices.
Besides funding OJP management and administration, this account funds research,
evaluation, and demonstration programs; technology centers; criminal justice
statistical programs; and other cooperative efforts that address missing children,
regional drug intelligence, and white collar crime. For this account, the Senate bill
provided $2.242 billion for FY2003. This amount was $2.028 billion more than the
Administration’s request. Unlike the Administration’s request, the Senate bill did
not assume that the Office of Domestic Preparedness (ODP) would be transferred
from OJP to FEMA, as part of a wider initiative to streamline and centralize all
federal terrorism-related activities. ODP provides assistance to state and local
emergency responders (firefighters, emergency medical technicians, law
enforcement, and other public officials charged with emergency management). For
FY2003, the Senate bill would provide ODP with $2.038 billion. Senate report
language maintained that there are “fundamental differences between the national
security/law enforcement response to terrorism and the emergency management
response to terrorism.” The Homeland Security Act of 2002 (P.L. 107-296),
however, transfers ODP to the Department of Homeland Security’s Directorate of

CRS-17
Border and Transportation Security, and the Department of Justice has frozen all
domestic preparedness grants in anticipation of this transfer.9
OJP administers a number of grant programs to assist state and local
governments with law enforcement and other justice-related issues. As part of the
FY2003 request, these programs include (1) State and Local Law Enforcement
Assistance, (2) Weed and Seed crime prevention efforts, (3) Community Oriented
Policing Services, (4) Juvenile Justice Formula Grants, (5) a proposed Election
Process Improvement Program, and (6) Public Safety Officers Benefits.
Under State and Local Law Enforcement Assistance, the Senate bill provided
$1.828 billion for these programs for FY2003, or 31% less than the $2.654 billion
appropriated for FY2002. The Administration’s request included $752 million, or
72% less than the FY2002 amount. The request included no funding for the Byrne
Grants ($846 million in FY2002), the Local Law Enforcement Block Grants ($400
million in FY2002), Indian Country Tribal Prison Construction ($35 million in
FY2002), and the State Criminal Alien Assistance Program ($565 million in
FY2002). For state and local law enforcement, the FY2003 request was $751
million, as compared to an enacted funding level of $2.654 billion in FY2002, a 72%
decrease. The FY2003 request included $719 million for 4 of the largest remaining
programs: Violence Against Women Act grants ($375 million), Juvenile Incentive
Block grants ($215 million), Residential Substance Abuse ($77 million), and Drug
Courts ($52 million). The Senate bill, in addition to funding these programs at nearly
the same amounts as requested by the Administration, continued the Byrne and Local
Law Enforcement Block Grants at the same levels as last year. However, the Senate
bill did not include funding for either the Indian Country Tribal Prison Construction
or the State Criminal Alien Assistance programs.
The Weed and Seed program was designed to “weed out” crime in selected
neighborhoods, and “seed” them with coordinated crime prevention and human
service programs. For FY2003, the Senate bill set funding at the same amount as
requested by the Administration for Weed and Seed at $59 million, the same amount
as appropriated for FY2002.
To enhance public safety, the Community Oriented Policing Services (COPS)
provides grants to state, local, and Indian Tribal governments to expand community
policing and cooperation between law enforcement agencies and the members of the
community. The authority for the COPS grant programs lapsed at the end of
FY2000. For the last two years, however, Congress continued to appropriate funding
for these programs.10 For COPS, the Senate bill provided $1.063 billion for FY2003,
slightly more than the $1,050 billion provided for FY2002. By comparison, the
Administration’s request included $1.381 for these programs. The Administration
had proposed that a Justice Assistance Grant program be establish in place of the
Byrne Grants programs (described below), which were too often earmarked by
9 For further information on the current status of the Office of Domestic Preparedness, click
on [http://www.ojp.usdoj.gov/fy03ojpfunding_aagletter.htm].
10 For further information, see CRS Report 97-196, The Community Oriented Policing
Services (COPS) Program: An Overview,
by David Teasley and JoAnne O’Bryant.

CRS-18
Congress according to the Administration. The Senate bill provided no funding for
the proposed Justice Assistance Grant program.
Under the Juvenile Justice Formula Grants program, OJP provides funding to
improve juvenile justice and corrections. Under this program, the Administration’s
FY2003 budget proposes funding Project ChildSafe ($75 million), to advance the
goal of ensuring that child safety locks are available for every handgun in the United
States. The overall FY2003 request for juvenile justice grants included $258 million,
16% less than the $306 million provided for FY2002. For FY2003, the Senate bill
provided $298 million for the Juvenile Justice Formula Grants Program, nearly 3%
less than the FY2002 program budget.

The FY2003 request included $400 million to establish a new Election Process
Improvement Grant program. Based on recommendations made by the National
Commission on Federal Electoral Reform, this program would provide state and local
governments with annual grants to fund improvements in voting administration,
machines, registration, education, and poll worker training. In addition, the FY2003
request included $53 million for Public Safety Officer Benefits (PSOB) as compared
to $38 million appropriated for FY2002, a 39% increase. The PSOB program
provides death benefits to survivors of public safety officers who die in the line of
duty, and disability benefits to those officers injured and disabled in the line of duty.
Benefits provided by this program were increased by the USA Patriot Act of 2001
(P.L. 107-56). The Senate bill would provide the same amounts as requested by the
Administration for both these programs.
The Government Performance and Results Act (GPRA) required the
Department of Justice, along with other federal agencies, to prepare a 5-year strategic
plan, including a mission statement, long-range goals, and program assessment
measures. In September 2000, the Department submitted its Strategic Plan for 2000-
2005 to Congress. Building upon the strategic plan, the Department’s FY2003
performance plan includes eight goals:
! protect the United States from the threat of terrorism;
! enforce federal criminal laws;
! prevent and reduce crime and violence by assisting state, tribal,
local, and community-based programs;
! defend and protect the rights and interests of the American people by
providing legal representation and enforcement of federal laws;
! administer immigration and naturalization laws fairly and
effectively;
! protect American society by providing for the safe, secure, and
humane confinement of persons in federal custody;
! protect the federal judiciary and support the federal justice system;
and
! ensure professionalism, excellence, accountability, and integrity in
the management and conduct of the Department of Justice.11
11 US. Department of Justice, Office of the Attorney General, Fiscal Year 2001 Performance
(continued...)

CRS-19
Detailed performance plans for individual activities, agency, and program accounts
were included in the departmental budget submission to Congress as well.
Related Legislation
P.L. 107-173 (H.R. 3525)
Enhanced Border Security and Visa Entry Reform Act of 2001. Includes
multiple provisions to increase immigration enforcement and border security.
Amended and passed in the House on December 19, 2001. Amended and passed in
the Senate on April 18, 2002. The House passed the Senate-passed version of the bill
on May 8, 2002, and the bill was cleared for the White House. Signed into law (P.L.
107-173) on May 14, 2002.
P.L. 107-273 (H.R. 2215, S. 1319)
21st Century Department of Justice Appropriations Authorization Act.
Authorizes appropriations for the Department of Justice, among other things.
Amended and ordered reported by the Committee on the Judiciary on June 20, 2001.
Passed the House on July 23, 2001. Amended in the Senate with the text of S. 1319
and passed on December 20, 2001. Conference agreement reported on September
25, 2002. House passed the conference agreement on September 25, and the Senate
on October 3, 2001. Signed into law (P.L. 107-273) on November 2, 2002.
P.L. 107-296 (H.R. 5005)
Homeland Security Act of 2002. Establishes a cabinet level Department of
Homeland Security. H.R. 5005 was amended and reported (H.Rept. 107- 609) by the
Select Committee on Homeland Security on July 19, 2002, which was amended and
passed by the House on July 26, 2002. A similar measure (H.R. 5710) on November
12, 2002. Amended and passed in Senate on November 19, 2002. Signed into law
(P.L. 107-296) on November 25, 2002.
S. 924 (Biden)
Protection Act of 2002. Reauthorizes the Community Oriented Policing
Services (COPS) programs, among other things. Amended and reported without a
written report by the Committee on the Judiciary on April 11, 2002.
S. 1974 (Leahy)
Federal Bureau of Investigation Reform Act of 2002. Includes provisions to
reform and improve oversight of the FBI. Ordered reported by the Committee on the
Judiciary on April 25, 2002. Report filed on May 10, 2002 (S.Rept. 107-148).
11 (...continued)
Report & Fiscal Year 2002 Revised Final Performance Plan, Fiscal Year 2003 Performance
Plan
, (Washington, 2002),
[http://www.usdoj.gov/ag/annualreports/pr2001/TableofContents.htm].

CRS-20
Additional Reading
CRS Report 97-196. Community Oriented Policing Services (COPS) Program: An
Overview, by David Teasley and JoAnne O’Bryant.
CRS Issue Brief IB10095. Crime Control: The Federal Response, by JoAnne
O’Bryant and Lisa Seghetti.
CRS Report RL31549. Department of Homeland Security: Consolidation of Border
and Transportation Security Agencies, coordinated by William J. Krouse.
CRS Report RL31388. Homeland Security Proposals: Issues Regarding Transfer
of Immigration Agencies and Functions, by Lisa M. Seghetti and Ruth Ellen
Wasem.
CRS Issue Brief IB10103: Immigration Legislation and Issues in the 107th Congress,
by Andorra Bruno, Coordinator.
CRS Issue Brief IB10071. Gun Control Legislation in the 107th Congress, by
William J. Krouse.
CRS Report RS20944. Statutory Inspector General for the FBI: Overview and
Issues, by Frederick M. Kaiser and Diane T. Duffy.
Department of Commerce
Background
Title II typically includes the appropriations for the Department of Commerce
and related agencies. The origins of the Department date back to 1903 with the
establishment of the Department of Commerce and Labor (32 Stat. 825). The
separate Department of Commerce was established on March 4, 1913 (37 Stat. 7365;
15 U.S.C. 1501).
The Department’s responsibilities are numerous and quite varied, but its
activities center around five basic missions: 1) promoting the development of
American business and increasing foreign trade; 2) improving the nation’s
technological competitiveness; 3) encouraging economic development; 4) fostering
environmental stewardship and assessment; and 5) compiling, analyzing and
disseminating statistical information on the U.S. economy and population.
The following agencies within the Commerce Department carry out these
missions:
! Economic Development Administration (EDA) provides grants for
economic development projects in economically distressed
communities and regions.

CRS-21
! 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. Much of the analysis is conducted by the Bureau of
Economic Analysis (BEA).
! International Trade Administration (ITA) seeks to develop the
export potential of U.S. firms and to improve the trade performance
of U.S. industry.
! Bureau of Export Administration (BXA) enforces U.S. export control
laws consistent with national security, foreign policy, and short-
supply objectives (to be renamed the Bureau of Industry and
Security).
! 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 (PTO) examines and approves
applications for patents for claimed inventions and registration of
trademarks.
! Technology Administration, through the Office of Technology
Policy, advocates integrated policies that seek to maximize the
impact of technology on economic growth, conducts technology
development and deployment programs, and disseminates
technological information.
! 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.

CRS-22
The total appropriation for the Department of Commerce in FY2002 was $5.43
billion, which was about $341 million above the President’s request. The enacted
amount was also about $322 million above the House-passed bill and about $166
million below the Senate-passed bill. (For more information on funding of individual
agencies, see the Appendix.)
FY2003 Funding Issues
In his FY2003 budget request to Congress, the President requested $5.64 billion
in total funding for Title II, which includes the Department of Commerce and related
agencies. This amount was approximately $180 million (3.1%) less than the $5.82
billion Congress appropriated in FY2002. The Senate Appropriations Committee
recommended $5.96 billion, roughly $320 million above the Administration request.
For the Department of Commerce alone, the President requested $5.55 billion,
which was about $190 million (3.3%) below the FY2002 appropriation of $5.74
billion. The Senate Appropriations Committee recommended $5.88, roughly $330
million above the Administration request.
The President’s budget request called for $70.9 million for Departmental
Management. This figure was almost $8.3 million (14.3%) more than the $62.6
million appropriated for FY2002. Of this amount, $48.2 million would go toward
salaries and expenses, and $22.7 million to the Inspector General’s office. The
Senate Appropriations Committee recommended $62.1 for departmental
management, roughly $8.8 million below the President’s request. The Senate bill
allocated $41.5 million to salaries and expenses, and $20.6 million to the Inspector
General’s office.
The Department’s Economic and Statistical Analysis programs are conducted
by the Bureau of Economic Analysis (BEA) and the Bureau of the Census. The
President requested $73.2 million for these programs, which was about $10.7 million
(17.1%) above the $62.5 million appropriated in FY2002. The Administration
believes that the BEA’s timely and accurate statistical reports are essential for
providing reliable data to policymakers, industry leaders, and consumers. The Senate
Appropriations Committee recommended $63.8 million, roughly $10 million below
the Administration request.
For the Bureau of the Census, the President requested a total of $705.3 million
for FY2003, an amount $214.5 million higher than the $490.8 million appropriated
for FY2002. The Senate Appropriations Committee recommended $496.8 million,
$208.5 million less than the request.
The President’s request for the International Trade Administration was $377.2
million, a $31.7 million increase over the FY2002 levels ($345.5 million, including
the FY2002 supplemental). The Senate Appropriation Committee recommended
$353.2 million. ITA is divided into four policy units.
! The administration requested $58.3 million for the Trade
Development Unit. In FY2002, Congress appropriated $67.7

CRS-23
million, including several textile related initiatives not incorporated
into the President’s FY2002 request of $52.3 million. Although
these initiatives are not funded in the President’s FY2003 request,
the Senate Appropriations Committee sought to restore
approximately $13 million for the National Textile Center and the
Textile/Clothing Technology Corporation. The Senate Committee’s
recommendation for Trade and Development was $68.1 million.
! The administration requested $37.2 million for the Market Access
and Compliance Unit (MAC). This request included
approximately $5 million for increased compliance monitoring and
enforcement, and support for World Trade Organization and Free
Trade of the Americas negotiations. The Senate Appropriations
Committee provided $28.2 million, recommending that $23.5
million of these funds be used for compliance efforts and $1.5
million for field officers to monitors compliance in China, Japan, the
Eu and other markets. Congress appropriated 27.7 million for MAC
in FY2002.
! In the President’s FY2003 budget, the Import Administration (IA)
unit received a $7.6 million increase to $53.6 million in
FY2003—up from $46 million in 2002, including an additional $5.9
million request for anti-dumping and countervailing duty
enforcement. The Senate Appropriations Committee recommended
$44 million, and specified $1.5 million of this amount for overseas
anti-dumping and countervailing subsidy monitoring and compliance
efforts; $3.5 for the agency to monitor import surges in key sectors
and to take expedited action to respond to such surges; and $2.5 to
review and evaluate the compliance of China and Japan with regard
to their existing World Trade Orgranization (WTO) commitments
on anti-dumping and countervailing subsidies.
! The administration requested $201.8 million for the U.S. and
Foreign Commercial Service (USFCS), an increase of $6 million
from the $195.8 million appropriated in FY2002. In part, this
increase was designed to fund trade compliance-related training for
U.S. Export Assistance Center employees and seminars for U.S.
exporters. The Senate Appropriations Committee recommended
$199.6 million for USFCS. The agency has been reviewing its fee
based programs with an intent to recoup more of its costs through
fees. ITA’s FY2003 budget justification cautioned that increased
funding for several programs were dependent on receiving at least
$10 million in additional fee collections.
The President’s FY2003 request for the Bureau of Industry and Security(BIS)
(formerly the Bureau of Export Administration) was $103.3 million, a $34.4 million
increase from the level Congress enacted in 2002 ( $68.9 million). This figure
represents a $14.4 million increase for BXA’s principal activities including
administering and enforcing the Export Administration Regulations, ensuring U.S.
compliance with multilateral proliferation control regimes, and managing the Critical

CRS-24
Infrastructure Assurance Office (CIAO). An additional $20 million was requested to
fund the Homeland Security Information and Technology Evaluation Program within
CIAO to coordinate information technology policy with the Office of Homeland
Security and OMB and better utilize federal information systems for homeland
security purposes.
The Senate Appropriations Committee recommended $98.5 million, a $4.8
million reduction from the President’s FY2003 request. While the Committee
recommended fully funding the CIAO, it did not fund the Technology Evaluation
Project. Rather, it directed the CIAO to adopt a public-private partnership to address
terrorist threats to the private sector infrastructure deemed critical to the national
security. It also recommended that the CIAO spend $6.3 on critical outreach to state
and local governments; $6.2 million to improve the agency’s information technology
security program; $33.6 million for licensing; and $29.3 million to divert exports of
items that could contribute to proliferation programs of China, Russia, or India, and
to terrorist capabilities of certain rogue states. The Senate Committee language
referred to these activities as “export administration,” and stated that “none of the
funds made available in this Act or any other Act may be used to fund a Bureau of
Industry and Security” (S. 2778, sec. 210).
The Economic Development Administration (EDA) has experienced an
unsettled appropriations history over the past several Congresses.12 The agency’s
funding level was sharply reduced by the 104th Congress, then partially restored by
the 105th. In the first session of the 106th Congress, appropriators resolved EDA
program funding at the last possible moment. During the second session, the Senate
Appropriations Committee recommended a total appropriation of $249.5 million for
FY2001, or $187.5 million less than the agency requested, and $138.9 million less
than the total approved by the House. In the end, however, the conference agreement
provided a total adjusted appropriation of $439.8 million, about 3 million more than
the agency requested.
For FY2002, the Administration had requested a substantial reduction in EDA’s
overall funding. While the request included a small increase for Salaries and
Expenses (S&E), it called for significant reductions in the agency’s Economic
Development Assistance Programs (EDAP). The House set funding for FY2002 at
the Administration’s requested level, i.e., $30.6 million for S&E and $335 million
for EDAP, for a total EDA appropriation of $365.6 million. The Senate-passed bill
recommended slightly more — $371.6 million. The conference agreement included
$30.6 million for S&E and $335 million for EDAP, for a total FY2002 appropriation
of $365.6 million.
For FY2003, the Administration requested a total appropriation of $348 million
for EDA. More specifically, it requested $317.2 million for EDAP, representing a
net $17.8 million decrease from FY2002. Program decreases were requested for:
Public Works, $17.9 million; Planning, $1.7 million, and Technical Assistance, $.665
million. Additional funding in the amount of $2.5 million was requested for the
12 For background, see CRS Issue Brief IB95100, Economic Development Administration:
Overview and Issues
, by Bruce K. Mulock.

CRS-25
Trade Adjustment Assistance Program (TAA). The request of $30.8 million for S&E
was similar to the FY2002 level. The Senate bill reported out of committee
recommended $366.2 million–$335 million for EDAP and $31.2 million for S&E in
FY2003.
For the Minority Business Development Agency (MBDA), the Bush
Administration request was $28.9 million for FY2003, about $.5 million (1.7%)
above the $28.4 million appropriated in FY2002. The Senate Appropriations
Committee recommended $28.6 million, roughly $200,000 above the FY2002
appropriation and $300,000 below the Administration request.
The U.S. Patent and Trademark Office (USPTO) is funded by user fees
collected from customers. For FY2002, P.L. 107-77 provided the USPTO with the
budget authority to spend $1,126 million. The funding includes $843.7 million in
FY2002 fee collections as well as $282.3 million in carryover fees generated in prior
years.
The Administration’s FY2003 budget would have provided the USPTO with the
authority to spend $1,364.9 million of which $1,264.9 million would be from
offsetting fee collections generated in FY2003 (from the expected $1,527 million)
and $100 million would be from fees paid in the previous fiscal year. An additional
$207 million was expected to be raised for use by the Office as the result of “...a one-
year surcharge of 19.3 percent to be applied to patent statutory fees and a surcharge
of 10.3 percent to be applied to certain trademark fees to cover necessary costs to
fund the USPTO’s long-term pendency and quality initiatives, pay the full
Government share of the accruing cost of retirement for current CSRS employees and
post-retirement health benefits for current civilian employees, and support initiatives
such as e-Government.”
S. 2778, as reported from the Senate Committee on Appropriations, offered
$1,146.6 million for the USPTO of which $863.3 million would be derived from fees
collected in FY2003 and $282.3 million would be from fees generated in previous
years. The budget authority afforded the USPTO under this bill was 19% less than
that requested by the Administration.
Since 1990, appropriation measures have limited the Patent and Trademark
Office’s use of the full amount of fees collected in each fiscal year. This is an area
of controversy. Opponents argue that since agency operations are supported by
payments for services, the total amount of these collections should be available to
provide for those services in the year the expenses are incurred. Proponents of the
current approach maintain that the fees are necessary to balance the budget and that
the level of fees appropriated back to the USPTO are sufficient to cover operating
expenses.13

For FY2003, President Bush requested a total of $3.21 billion in appropriations
for the National Oceanic and Atmospheric Administration (NOAA). Of this
13 For more information see CRS Report RS20906, U.S. Patent and Trademark Office
Appropriations Process: A Brief Explanation
, by Wendy H. Schacht.

CRS-26
amount, $2.28 billion was requested for NOAA’s Operations, Research and Facilities
(ORF) account; $811.4 million for the Procurement, Acquisitions, and Construction
(PAC) account; and $114.1 million for NOAA’s Other Accounts. Additional budget
authority of $75 million would be transferred from the Promote and Develop Fishery
Products and Research Pertaining to American Fisheries (PDAF) account, and $3
million in collected fees would be transferred to ORF from the Coastal Zone
Management Fund (CZMF). Total Budget Authority requested for NOAA for
FY2003 would be $3.33 billion. NOAA’s Office of Financial Administration (OFA)
reported that $574.8 million was requested for research and development (R&D)
spending for FY2003.
The FY2003 request was 5.65% greater than the President’s FY2002 request,
and 1.35% less than FY2002 appropriations of $3.38 billion. Of the total ORF
funding requested, $385.3 million was for the National Ocean Service (NOS); $603.5
million for the National Marine Fisheries Service (NMFS); $296.9 million for
Oceanic and Atmospheric Research (OAR); $725.3 million for the National Weather
Service (NWS); $151.9 million for the National Environmental Satellite Data and
Information Service (NESDIS); and $213.2 million for Program Support. Program
Support was subsequently divided as follows: $79.8 million for Corporate Services
(NOAA Administration), $108 million for the Office of Marine and Aviation
Operation (OMAO), and $24.6 million for NOAA Facilities (FAC). NOAA’s Other
Accounts include Pacific Coastal Salmon Funding (PCSF) for which $110 million
was requested; $3 million from the CZMF, which is transferred to NOS; and $1.1
million for other fishery-related funds.
Highlights of the FY2003 President’s request included significant changes to
base funding for all NOAA programs for Civil Service Retirement System expenses
(CSRS). These new obligations totaled $92.2 million in discretionary funding,
expenses which were originally funded by the federal Office of Personnel
Management (OPM). The OMAO request included $815,000 for new hires for
NOAA’s uniformed CORPS, and $36.7 million for the CORPS Officer’s retirement
fund (mandatory). Another significant change to base funding for OAR was a
reduction of $62.4 million for the Ocean and Great Lakes Research Programs, which
was premised on the President’s proposal to transfer the National Sea Grant College
Program to the National Science Foundation (NSF). This transfer was supported by
the NOAA Administrator, who is also Undersecretary of Commerce for Oceans and
Atmosphere. In addition, the President requested a total of $348.5 million for coastal
conservation spending for FY2003, authorized under the Coastal and Estuarine Lands
Conservation Program (CELCP) in Title VIII of Department of Interior
Appropriations for FY2001 (P.L. 106-552). That funding was proposed to be divided
as follows: NOS-$184.5 million, NMFS-$52.8 million, OAR and NESDIS-$1.2
million, and PCSF-$110.0 million.
In the Defense Appropriations Act for FY2002 (P.L. 107-117), NOAA received
additional funding of $2.75 million for NESDIS for satellite control operations
security, and $0.75 million for oversight and enforcement of the licencing program
for satellite data and imagery. Funding was also restored under that same Act for
DOD/USAF, a partner of NOAA in NPOESS, a program to consolidate all federal
polar orbiting environmental observation satellites systems under one program. This
funding raised total appropriations for NPOESS to levels requested for FY2002;

CRS-27
similar levels were requested for FY2003. The President’s request for Homeland
Security activities at NOAA for FY2003 was $24.6 million. New for FY2003, $8.7
million was requested for an “Energy Initiative” under OAR which would both
manage the agency’s research facilities energy use and assist the entire nation with
weather advice to help conserve energy nation-wide. The President also proposed
legislation to establish a Business Management Fund to manage NOAA’s operating
costs. For information on NOAA funding for FY2002, see CRS Report RL31117,
National Oceanic and Atmospheric Administration: a Review of the FY2002 Budget
Request and Appropriations
.
The FY2003 CJS appropriations bill, reported by the Senate Committee on
Appropriations (S. 2778, S.Rept. 107-218) on July 24, 2002, provided total
appropriations of $3.350 billion for NOAA, which was $216.7 million, or about
4.4%, more than the President’s request of $3.210 billion for FY2002, and almost
7.0% more than the FY2002 funding level of $3.133 billion. The Senate Committee
set FY2003 ORF funding levels at $2.337 billion, including $78.2 million in
transfers from Other Accounts, and ORF funding divided as follows: $403.5 million
for NOS; $587.9 million for NMFS; $395.7 million for OAR; $682.0 million for
NWS; $133.8 million for NESDIS; and $202.9 million for Program Support,
including $89.5 million for Corporate Services, $95.9 million for the Office of
Marine Aviation Operations, and $17.5 million for FAC. Total PAC appropriations
approved for FY2003 would be $903.4 million, and include $102.4 million for NOS,
$24.0 million for NMFS, $17.1 million for OAR, $66.8 million for NWS, $608.6
million for NESDIS, and $84.5 million total for Program Support. Further, the
Committee approved $110.1 million for NOAA’s Other Accounts, including $95
million for the Pacific Coastal Salmon Recovery Fund, an increase of $5.0 million
above the President’s FY2003 request; $20 million for Pacific Salmon Treaty
obligations; and $1.4 million for various fishery accounts. Further, the bill
transferred $3.0 million to ORF from CZMF; and reduced $3.0 million from fisheries
financing.
S. 2778 required the National Sea Grant College Program to remain in NOAA
and funded it at $63.4 million for FY2003. In addition, the bill provided $20.0
million for exploration of the world’s oceans, $6.0 million more than FY2002 levels;
created a new initiative, “Ocean Health,” which it funded at $10 million; provided
$1 million to establish a NEPA office in NMFS, and encouraged NOAA to improve
its fisheries management capabilities; provided $4.0 million for NOAA
responsibilities under the National Invasive Species Act; and encouraged NOAA to
develop plans for a national system of ocean observation platforms, including a
relocatable underwater laboratory/habitat. The Committee further approved $2.0
million for Arctic Research; provided $14 million for minority colleges and
universities to train future scientists; provided $3.5 million for fisheries and shellfish
restoration in the Chesapeake Bay; and established a Business Management Fund in
NOAA. Conservation spending approved for FY2003 was $480 million, with $264.5
million of that intended for ORF; $100.5 million for PAC, and $115 million for
PCSF.
The Committee did not approve $18 million requested for NOAA’s part in the
President’s Climate Change Research Initiative (CCRI), but instead noted its support
for climate research activities under the U.S. Global Change Research Program. The

CRS-28
report did not address the proposed NOAA “Energy Initiative,” but provided a $23.2
million increase for homeland security programs, and included funding for a NWS
weather and climate supercomputing backup, and backup for other programs in
NESDIS recommended under the President’s Critical Infrastructure Protection
Initiative. Further, the report addressed the President’s proposal to transfer financial
responsibilities for CSRS and retiree health benefits for all civilian employees to
federal agencies. The Senate Appropriations Committee noted that because the
Senate Government Affairs Committee–which has authorizing jurisdiction over such
matters–had not considered the proposal, funding tables in S.Rept. 107-218 excluded
amounts proposed for funding those benefits.
On July 19, 2002, Conferees reported out H.R. 4775, the Homeland Security
Emergency Supplemental Appropriations Act for FY2002 (H.Rept. 107-593).
Appropriations for NOAA under this Act totaled $33.5 million, including $4.8
million in ORF funding for homeland security expenses incurred by the agency in
FY2002. Of this amount, $2.0 million was for NOS to address critical mapping and
charting backlog requirements, and $2.8 million was for NESDIS to develop backup
capability for NOAA’s critical satellite products and services. $2.5 million was
provided for a coral reef mapping program and some $25.1 million was slated for
various fishery programs. In addition, $7.2 million was for a NWS supercomputer
backup, which would be funded under NOAA’s PAC account. Under the original
Senate bill (S. 2551), an $8.1 million rescission was proposed from funding provided
for NPOESS in FY2002; however, H.R. 4775 (amended) rescinds $8.1 million from
funding provided by Section 817 of P.L. 106-78 (Norton Sound Fisheries agriculture
transfer), instead. The President signed H.R. 4775 into law as P.L. 107-206 on
August 2, 2002.
The National Institute of Standards and Technology (NIST) was funded at
$680.8 million in FY2002 by P.L. 107-77, an increase of 13% over FY2001.
Included in this was $321.1 million for in-house R&D financed under the Scientific
and Technical Research and Services (STRS) account (3% above the previous fiscal
year) and $291 million for Industrial Technology Services (ITS). Of this latter
amount, the Manufacturing Extension Partnership (MEP) was financed at $106.5
million and the Advanced Technology Program (ATP) received $184.5 million, a
27% increase. Construction was funded at $62.4 million, almost twice that of
FY2001. It should also be noted that the FY2002 Defense Appropriations Act added
$5 million into the STRS account for cybersecurity activities.
For FY2003, the Administration requested $577.5 million for NIST, 15% below
the previous appropriation due primarily to a decrease in support for ATP and MEP.
The Administration sought $402.2 million (an increase of 23%) for the STRS
account (that supports in-house R&D). The request for the Advanced Technology
Program was $107.9 million (35% below FY2002) and the Manufacturing Extension
Partnership funding level was requested at $12.9 million. The 89% decline in
support for MEP was due to the President’s recommendation that centers operating

CRS-29
for more than 6 years do so without federal financing.14 The funding request for
construction activities was at $54.5 million.15
S. 2778, as reported out of the Senate Committee on Appropriations, funded
NIST at $692.2 million. Of this amount, $336.4 million was for the STRS account
(3% more than the previous year), $185.4 million was to support ATP and $106.6
million was to finance MEP. Funding for ATP and MEP remained virtually the same
as in FY2002. The Senate Committee set the FY2003 construction budget at $63.8
million.
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 Clinton Administration
defended ATP, arguing it assisted 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 the previous two fiscal years (FY2000
and FY2001), the initial appropriation bills passed by the House, contained no
funding for ATP, although the program did receive support in the final legislation.
Similarly, the FY2002 appropriation bill originally passed by the House also
suspended financing for the program. However, ATP was ultimately funded at a
figure that represented a 27% increase over the previous fiscal year. In the FY2003
budget proposal, the Bush Administration included funding for ATP, although at a
reduced level; the Senate Appropriations Committee bill supported the program at
close to current levels.
The Office of the Undersecretary for Technology and the Office of
Technology Policy (OTP) was funded at $8.2 million in FY2002, a small increase
over the previous fiscal year. The Bush Administration’s FY2003 budget called for
funding OTP at $8.1 million. S. 2778, as reported from the Senate Committee on
Appropriations, supported OTP at $7.9 million, a 4% decrease from FY2002.
For FY2003, the Bush Administration proposed that the National
Telecommunications and Information Administration (NTIA) receive $61.4
million, down from $74 million appropriated for FY2002. Most of this reduction
was to be achieved by the Bush Administration’s request to eliminate funding for
NTIA’s Technology Opportunities Program (TOP) grants, which for FY2002 was
funded at $17 million. While critics of the TOP grants contend that the program has
achieved its objectives of funding pilot programs in areas that do not have easy or
direct access to the Internet or high-speed telecommunications, supporters maintain
that the program is very important to closing the “digital divide.” Also, the Bush
14 For additional information see CRS Report 97-104, Manufacturing Extension Partnership
Program: An Overview
, by Wendy H. Schacht.
15 For more information see CRS Report 95-30, The National Institute of Standards and
Technology: An Overview
, by Wendy H. Schacht.

CRS-30
Administration proposed that the NTIA receive an additional $3.3 million in new
funding to improve spectrum management and telecommunications research for
FY2003. NTIA also funds the public telecommunications facilities, planning, and
construction program which in recent years has supported conversion of public
broadcast transmission to digital. For FY2003, the Bush Administration called for
$44 million for this NTIA program, the same level as in FY2001 and down from $51
million appropriated for FY2002. The Bush Administration cited funding in the
Corporation for Public Broadcasting budget, the Rural Utilities Service, as well as
in other parts of the Department of Commerce budget, to support this conversion.
The Senate Appropriations Committee bill provided $81.69 million for the
NTIA, a 35% increase over the budget request. The recommendation included $14.35
million for salaries and expenses, $15.56 million for TOP grants and $51.78 million
for public telecommunications facilities, planning and construction.
The Government Performance and Results Act (GPRA) enacted by Congress
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 latest Strategic Plan issued by the Department of Commerce for years FY2000-
FY2005 listed three strategic goals:
! Strategic Goal l. Provide the information and the framework to
enable the economy to operate efficiently and equitably.
! Strategic Goal 2. Provide infrastructure for innovation to enhance
American competitiveness.
! Strategic Goal 3. Observe and manage the Earth’s environment to
promote sustainable growth.
As mandated by GPRA, the Department’s FY2001 Annual Program
Performance Report and FY2003 Annual Performance Plan were released with the
FY2002 budget proposal. Both the program plan and report are available at:
[http://www.doc.gov/bmi/budget/].
Title II. Department of Commerce and Related Agencies
(millions of dollars)
Senate
FY2001
FY2002
FY2003
House
Bill
Department or Agency
Enacted Enacted Request
Bill
S. 2778
Departmental Management
55.8
62.6
70.9
62.1
Bureau of the Census
432.7
490.8
705.3
496.8
Economic and Statistical
Analysis
53.6
62.5
73.2
63.8
International Trade
Administration
333.7
344.5
363.7
350.2

CRS-31
Senate
FY2001
FY2002
FY2003
House
Bill
Department or Agency
Enacted Enacted Request
Bill
S. 2778
Bureau of Export
Administration
64.7
70.6
100.2
98.5
Minority Business
Development Agency
27.2
28.4
28.9
28.6
National Oceanic and
Atmospheric Administration
3,040.8
3,258.8.
3,130.6
3,345.9
Patent and Trademark Officea
(1,037.0) (1,127.5) (1,304.4)
(1,146)
Technology Administration
8.1
8.2
7.9
7.9
National Institute of Standards
and Technology
597.0
680.8
563.1
692.5
National Telecommunications
and Information
Administration
100.2
81.3
60.3
81.7
Economic Development

Administration
438.9
365.6
348.0
366.2
Subtotal: Commerce
Department

5,152.8
5,739.0
5,552.2
5,876.7

Office of the U.S. Trade
Representative
29.5
30.1
32.3
30.8
International Trade
Commission
48.0
51.4
54.0
54.9
Subtotal: Related Agencies
77.4
81.5
86.3
85.7
Total: Dept. of Commerce
and Related Agencies

5,230.2
5,820.5
5,638.5
5,962.1
a The 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. The
prior-year carryover funds count against the FY2003 total appropriation for the Dept. of
Commerce. The Administration requested $100 million in prior-year carryover funds for
FY2003. The Senate Appropriations Committee recommends $282.3 million in prior-year
carryover funds.
Related Legislation
S. 149 (Enzi et al.); H.R. 2581 (Gilman)
Export Administration Act of 2001. A bill to provide authority for national
security and foreign policy export controls. S. 149 introduced January 23, 2001;
reported from the Senate Banking Committee with amendments, March 22, 2001;
passed the Senate on Sept. 6, 2001; H.R. 2581 introduced, July 20, 2001; reported
by the House International Relations Committee with amendments, August 1, 2001;
reported by the House Armed Services Committee with amendments, March 6,
2002.

CRS-32
H.R. 1158 (Thornberry)
National Homeland Security Agency Act. Bill establishes a National Homeland
Security Agency. It requires several departments, including Commerce, to transfer
specified programs and authorities to the new agency. Commerce would transfer the
Critical Infrastructure Assurance Office and the Institute of Information Infrastructure
Protection.
H.R. 4687 (Boehlert)
National Construction Safety Team Act. Bill provides for the establishment of
investigative teams to assess building performance and emergency response and
evacuation procedures in the wake of any building failure that has resulted in
substantial loss of life or that posed significant potential loss of life.
Additional Reading
CRS Report 95-36. The Advanced Technology Program, by Wendy H. Schacht.
CRS Report 97-104. Manufacturing Extension Partnership: An Overview, by
Wendy H. Schacht.
CRS Report 95-30. The National Institute of Standards and Technology: An
Overview, by Wendy H. Schacht.
CRS Report RL31117. National Oceanic and Atmospheric Administration (NOAA):
Review of FY2002 Budget Request and Appropriations, by Wayne A.
Morrissey.
CRS Report RL30169. Reauthorization of the Export Administration Act,
coordinated by Ian F. Fergusson.
CRS Report RS20906. U.S. Patent and Trademark Office Appropriations Process:
A Brief Explanation, by Wendy H. Schacht.
The Judiciary
Background
Typically, Title III of the CJS appropriation 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, he 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 FY2002 was $4.71 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

CRS-33
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 submits a
request for the Court’s building and grounds account.16 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. For FY2002, the total appropriations enacted for the
Supreme Court’s two accounts, $107.5 million, were less than 2.3% of the
Judiciary’s overall appropriation of $4.71 billion.
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, U.S. Court of Federal Claims, bankruptcy and
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 also
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 the
appendix.)
16 By authority of the Act of May 7, 1934 (P.L. 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.

CRS-34
FY2003 Funding Issues
Overview of the Judiciary’s Budget Request for FY2003. For FY2003,
the Senate Appropriations Committee recommended $4.97 billion in total budget
appropriations for the Judiciary, a 5.4% increase over $4.71 billion enacted for
FY2002. The Judiciary had requested $5.24 billion, an 11.4% increase.17 Almost
80% of the requested increase, $418.0 million, was to be in the Judiciary’s largest
account, Salaries and Expenses for the Courts of Appeals, District Courts and Other
Judicial Services. The Senate Appropriations Committee approved $3.81 billion for
this account, a 6.1% increase over total FY2002 funding of 3.59 billion. The
Judiciary had requested $4.01 billion, an 11.7% increase, including $102.7 million
for 1,297 additional full-time equivalent (FTE) court support staff. According to the
Judiciary, 647 of the new FTEs would be required to bring the courts up to staff and
operating levels required for FY2002.18
In keeping with the Judiciary’s request, the Senate Appropriations Committee
recommended increases for all of the other Judiciary accounts, except for two—the
Supreme Court’s Building and Grounds account and Judicial Retirement Funds.19
The Senate committee also agreed to the Judiciary’s request for a cost-of-living
salary adjustment for federal judges and justices. That request, as well as those for
the Supreme Court, and for two of the Judiciary’s other larger accounts, Court
Security and Defender Services, are discussed in the following paragraphs.
Supreme Court. The budget request of the Supreme Court for FY2003, as
customary, is in two parts. For its first account, Salaries and Expenses, the Senate
Appropriations Committee recommended $44.4 million, a 10.9% increase over
budget authority of $40.0 million for FY2002. (The Court had requested $46.3
million—15.8% over FY2002 budget authority. Most of the requested increase, $4.0
million, the Court said, was to fund adjustments to base and maintain current
services. The rest of the increase, $2.3 million, was for program increases, including
$1.6 million for automation enhancements.)
17 In testimony before the House and Senate CJS Appropriations subcommittees, Judiciary
officials stated that three quarters of the requested increase—$375 million—was needed to
continue current operations in the federal courts, such as pay and benefit adjustments,
inflationary adjustments, increases in GSA space rental costs, an increase in filled Article
III judgeships, as well as the enhanced security measures taken since the September 11,
2001 terrorist attacks and the subsequent anthrax threat. The remainder of the request—$132
million—would address programmatic and workload-related needs, including additional
bankruptcy court staff to process an all-time high number of bankruptcy filings, additional
probation staff to supervise a record number of offenders released from prisons, and
increased district court staff to handle projected growth in criminal filings.
18 By court program, 230 additional FTEs are for probation and pretrial services, 200
additional FTEs are for district courts, 54 additional FTEs are for circuit courts of appeals,
and 163 FTEs are for bankruptcy courts.
19 The Appropriations Committee recommended the identical amount for Judicial
Retirement Funds as that requested by the Judiciary, $35.3 million, a 4.6% decrease from
FY2002..

CRS-35
For the Court’s second account, Care of the Building and Grounds, the Senate
Appropriations Committee approved $53.3 million, a 21.1% decrease from FY2002
funding of $67.5 million, but almost exactly the same as the $53.6 million requested
by the Court for FY2003. The committee, in its report, stated that $49.7 million was
being made available to complete funding for “critical upgrades to the Supreme
Court building.”
In its FY2003 budget submission, the Court had specified that $49.8 million of
its $53.6 million request would be carried forward from FY2002 and retained in the
budget base on a “No Year” basis for the Supreme Court Building modernization
project.20 The request for a decreased appropriation for this account in FY2003
followed the FY2002 enacted appropriation of $37.5 million and an emergency
supplemental of $30.0 million provided for security. The two separate
appropriations, according to the Judiciary, allowed $63.8 million to be made
available for the Court building’s modernization project in FY2002. In addition, the
Court has requested a second emergency FY2002 appropriation of $10 million for
its Building and Grounds account, to pay for Court perimeter security enhancements.
The $10 million as requested is included in the supplemental appropriations bill,
H.R. 4775, which was signed into law (P.L. 107-206) on August 2, 2002.
Court Security. For this account in FY2003, the Senate Appropriations
Committee recommended $290.4 million, a 4.4% increase over $278.2 million
enacted for FY2002. The Judiciary had requested $298.2 million, a 7.2% increase,
which, it explained, included $45.6 million for the annualized, recurring costs
associated with increased court security officer hours, additional deputy U.S.
marshals, and enhanced screening (all of which were implemented subsequent to the
September 11, 2001 terrorist attacks in New York City and Washington, D.C.) The
largest requested program increase would be $5.4 million to fund perimeter security
improvements at federal court courthouses.
Besides seeking funding for Court Security in its regular annual appropriation,
the Judiciary, since September 11, 2001, has obtained emergency supplemental
funding. Of $278.2 million appropriated for Court Security in FY2002, $77.2 million
came from emergency supplemental funding to enhance security at federal court
facilities nationwide. Of the $77.2 million, $19.7 million was provided by the
President through an emergency allocation on October 17, 2001, and $57.5 million
came from the supplemental signed by the President on January 10, 2002, P.L. 107-
117.
Subsequently, on July 19, 2002, another emergency supplemental bill, H.R.
4775, was approved by House-Senate conferees, which included additional funding
for court security measures, though not in the Judiciary’s Court Security account.
(Following its approval in conference, H.R. 4775 was passed by the House and
20 To date, Congress has made $72.6 million available for the Court’s building
modernization project, which began in FY1998, when $225,000 was appropriated on an
annual basis to provide for a study on improvements to the Court’s building and systems.
The Judiciary has said that a total of $122.3 million will be required for the project. The
construction phase of the project is set to begin in April 2003 and end in March 2009.

CRS-36
Senate on July 23 and 24, 2002, respectively, and signed into law (P.L. 107-206) on
August 2, 2002.) As noted above, H.R. 4775 included $10.0 million to address the
Supreme Court building’s perimeter security needs. In addition, the supplemental
bill included $7.1 million for increased costs associated with terrorist-related trials
in Alexandria, VA; Boston; and New York City. (The $7.1 million appropriation
was to go to the Judiciary’s Courts of Appeals, District Courts, and Other Judicial
Services—Salaries and Expenses account.) Of the $7.1 million, $5.2 million was for
perimeter security enhancements such as protective window film for courts with
terrorist trials, and $1.9 million for costs associated with the closed circuit
transmission of the criminal trial of Zacarias Moussaoui to victims of the September
11, 2001 attacks.
The $7.1 million amount appropriated in H.R. 4775 specifically for federal
courts with terrorist-related trials was much less than what the Judiciary sought for
its Court Security account in the supplemental legislation. Specifically, the Judiciary
requested $240 million for protective film or laminate for windows in federal
courthouses throughout the country. Conferees for H.R. 4775 also declined to
approve the Judiciary’s request for $857,000 for security improvements at the U.S.
Court of Appeals for the Federal Circuit in Washington, D.C. The conferees said
they strongly support the security needs of the Federal Circuit court and understand
that the General Services Administration (GSA) was working with the court to
provide for its security needs.
Defender Services. This account funds the operations of the federal public
defender and community defender organizations, and the compensation,
reimbursement and expenses of private practice “panel attorneys” appointed by the
courts to serve as defense counsel to indigent individuals accused of federal crimes.
The Senate Appropriations Committee recommended $531.8 million for Defender
Services in FY2003, a 6.2% increase over FY2002 funding.
Earlier, the Judiciary had sought $588.8 million, a 17.6% increase. Nearly all
of the requested increase, $87.5 million, according to the Judiciary, consisted of
adjustments to base to maintain current services. Specifically, of that overall
amount, $30.1 million would “annualize” in FY2003 the hourly increase in the pay
rate of panel attorneys approved by Congress in the FY2002 CJS-Judiciary bill.21
Another $17.1 million in requested funding would increase the hourly panel attorney
rate from $90 to $113 effective April 1, 2003. In its FY2003 budget submission to
Congress, the Judiciary termed the requested $17.1 million increase as an adjustment
to base “rate adjustment” rather than a program increase. The Judiciary explained
that under the Criminal Justice Act, as revised in 1986, the Judicial Conference is
authorized to make annual adjustments to the panel attorney hourly pay rate.
Accordingly, funding to increase the hourly rate to $113, the Judiciary said, would
ensure that it would not be “further eroded by inflation.” The Senate Appropriations
21 For FY2001, the pay rate for panel attorneys was $75 in-court and $55 out-of-court in
most locations, which the Judiciary said was well below the amount the attorneys needed
just to cover their overhead costs. In response, Congress agreed on an FY2002 increase in
panel attorney pay to $90 per hour both in- and out-of-court, effective no later than May 1,
2002.

CRS-37
Committee, however, declined to agree to this request, stating in its report that it
continued to support the $90 hourly pay rate for panel attorneys.
Cost-of-Living Increase in Judges’ and Justices’ Salaries. The
continuing resolution passed by Congress in November 2002 (H.J.Res. 123, P.L. 107-
245) — continuing funding through January 11, 2003 — was without language
authorizing a January 1, 2003 cost-of-living pay adjustment for lower federal court
judges and Supreme Court justices. Hence, any legislative authorization of a pay
adjustment for federal judges for FY2003, if it is to occur, will have to await action
by the 108th Congress.
Earlier, in July 2002, the Senate Appropriations Committee had recommended,
and provided $8 million in funding for, a 4.1% cost-of-living increase in the salaries
of lower federal court judges and Supreme Court justices. Prior to the Senate
committee action, the Judiciary, in its FY2003 budget submission, had requested
$7.0 million to fund a 2.6% cost-of-living increase for judges and justices, consistent
with the expected 2003 salary adjustment for federal employees. The Judiciary
request came on the heels of the 2001 Year-End Report on the Federal Judiciary of
Chief Justice William H. Rehnquist, who maintained that more than a cost-of-living
adjustment was needed in the way of a judicial salary increase. The Chief Justice
cited the “relatively low pay that federal judges receive, compared to the amount that
a successful, experienced practicing lawyer can make.” This, he said, along with the
“often lengthy and unpleasant nature of the confirmation process,” makes it
“increasingly difficult to find qualified candidates for federal judicial vacancies.”22

The FY2002 CJS bill as enacted (P.L. 107-77) authorized a 3.4% cost-of-living
pay increases for federal judges, effective January 1, 2002.23 In his year-end report,
Chief Justice Rehnquist said federal judges were grateful for the pay adjustment, but
added that “a COLA only keeps judges from falling further behind the median
income of the profession.” The FY2002 cost-of-living pay adjustment followed
similar upward adjustments in judges’ and justices’ salaries which Congress
approved in fiscal years 2001, 2000, 1998, and 1993. Congress, however, declined
to authorize such adjustments for FY1999 or for fiscal years 1994 through 1997.
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.
22 U.S. Administrative Office of the U.S. Courts, “2001 Year-End Report on the Federal
Judiciary,” The Third Branch, vol. 34, January 2002, p. 2.
23 The salary adjustment increased the annual salaries of Article III judges as follows: for
Chief Justice of the United States, from $186,300 to $192,600; for Associate Justices of the
Supreme Court, from $178,300 to $184,400; for U.S. Courts of Appeals judges, from
$153,900 to $159,100; and for U.S. District Court judges and judges on the U.S. Court of
International Trade, from $145,100 to $150,000.

CRS-38
Title III. Judiciary
(millions of dollars)
Senate
FY2001
FY2002
FY2003
House
Bill
Department or Agency
Enacted
Enacted
Request
Bill
S. 2778
Supreme Court — Salaries
and Expenses
37.5
40.0
46.3
44.4
Supreme Court —
Building and Grounds
7.5
67.5
53.6
53.3
U.S. Court of Appeals for
the Federal Circuit
17.9
19.3
21.9
20.1
U.S. Court of International
Trade
12.4
13.1
13.8
13.5
Courts of Appeals,
District Courts, Other
Judicial Services —
Salaries and Expenses
3,352.9
3,596.1
4,014.1
3,814.2
Vaccine Injury Act Trust
Fund
2.6
2.7
2.8
2.8
Defender Services
434.0
500.7
588.7
531.8
Fees of Jurors and
Commissioners
59.4
48.1
57.8
54.6
Court Security
199.1
278.2
298.2
290.4
Administrative Office of
the U.S. Courts
58.2
64.5
66.9
64.7
Federal Judicial Center
18.7
19.7
21.9
20.2
Retirement Funds
35.7
37.0
35.3
35.3
U.S. Sentencing
Commission
9.9
11.6
13.2
11.8
General Provisions –
Judges’ Pay Raise
8.8
8.6
7.0
8.0
Total: Judiciary
4,254.8
4,707.2
5,241.6
4,965.2
Related Legislation
P.L. 107-273 (H.R. 2215)
21st Century Department of Justice Appropriations Authorization Act. Includes
provision for eight new permanent district judgeships, seven new temporary district
judgeships, and conversion of four temporary district judgeships to permanent
judgeships. Introduced in House, June 19, 2001; reported by Judiciary Committee
(H.Rept. 107-125), July 10, 2001; passed House on voice vote, July 23, 2001.
Reported by Senate Judiciary Committee with an amendment in nature of a substitute
(without written report), October 30, 2001; passed Senate with amendments by
Unanimous Consent, December 20, 2001. Conference report (H.Rept. 107-685)
filed, September 25, 2002; report agreed to in House, September 25, 2002, by 400-4

CRS-39
vote; report agreed to in Senate by Unanimous Consent, October 3, 2002. Bill
signed into law by President (P.L. 107-273).
S. 147 (Feinstein)
Southwest Border Judgeship Act of 20001. Creates, in federal judicial districts
in four southwest border States, nine permanent district judgeships and nine
temporary district judgeships. Introduced, and referred to Judiciary Committee,
January 23, 2001.
S. 1162 (Feinstein)
Companion bill to H.R. 570 (below). Introduced, and referred to Judiciary
Committee, July 11, 2001.
H.R. 272 (Gonzalez)
Companion bill to S. 147. Introduced and referred to Judiciary Committee,
January 30, 2001; referred to Subcommittee on Courts, the Internet, and Intellectual
Property, February 12, 2001.
H.R. 570 (Biggert)
Federal Judicial Fairness Act of 2001. Repeals Federal statute limiting salary
increases for Federal judges or Supreme Court Justices to those specifically
authorized by Act of Congress, increases judicial pay immediately by 9.6%, and
provides for automatic annual cost-of-living increases in judicial salaries.
Introduced, and referred to Judiciary Committee, February 13, 2001; referred to
Subcommittee on Courts, the Internet and Intellectual Property, February 23, 2001.
H.R. 2522 (Coble)
Federal Courts Improvement Act of 2001. Sets forth or modifies various
provisions regarding judicial process (including bankruptcy administrator authority
to appoint trustees) and judicial personnel administration, benefits, and protections,
(including provisions concerning disability retirement and cost-of-living adjustments
of annuities for territorial judges, compensation for Federal Judicial Center
employees; annual leave limit for judicial branch executives; and supplemental
benefits for judicial branch employees). Introduced, and jointly referred to Judiciary
Committee and Committee on Education and the Workforce, July 17, 2001.
Referred to Judiciary Subcommittee on Courts, the Internet, and Intellectual Property,
July 20, 2001; subcommittee hearings held, July 26, 2001. Jointly referred to
Education and Workforce Subcommittee on Employer-Employee Relations and
Subcommittee on 21st Century Competitiveness, October 9, 2001.
H.R. 4125 (Coble)
Federal Courts Improvement Act of 2002. Makes various administrative
changes to federal judiciary procedures and allows for the establishment of a
supplemental benefits program for officers and employees of the judicial branch.
Introduced and referred to Judiciary Committee, April 10, 2002; referred to Judiciary
Subcommittee on Courts, the Internet, and Intellectual Property, April 26, 2002;
approved and reported to full Judiciary Committee, May 1, 2002; reported as
amended by full Judiciary Committee (H.Rept. 107-700), September 30, 2002;
passed House by 370-21 vote, October 1, 2002. Received in Senate, Oct. 2, 2002.

CRS-40
Additional Reading
CRS Report 98-527. Federal Courthouse Construction, by Stephanie Smith.
CRS Report RS20278. Judicial Salary-Setting Policy, by Sharon S. Gressle.
U.S. Administrative Office of the United States Courts. “[Chief Justice’s] 2001 Year-
End Report on the Federal Judiciary,” The Third Branch, vol. 34, January 2002,
pp. 1-2.
Department of State and International Broadcasting
Background
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 supports the activities of more than 50
U.S. agencies and organizations operating at 257 posts in 180 countries. As covered
in Title IV, the State Department funding categories include administration of
foreign affairs
, international operations, international commissions, and related
appropriations
. The enacted FY2002 State Department appropriation is $7.9 billion.
Typically, more than half of State’s budget (about 71% allocated for FY2002) is for
Administration of Foreign Affairs, which consists of salaries and expenses,
diplomatic security, diplomatic and consular programs, technology, and
security/maintenance of overseas buildings.
The Foreign Relations Authorization for FY1998-1999 (P.L. 105-277) provided
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.
Security issues have remained a top priority since the August 7, 1998 terrorist
attacks on two U.S. embassies in Africa. An immediate response was a $1.56 billion
supplemental enacted by the end of that 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 FY2000 through FY2004 for embassy security spending
within the embassy security, construction and maintenance (ESCM) account, in
addition to worldwide security funds in the diplomatic and consular programs
(D&CP) account.
After the September 11, 2001 terrorist attack, Congress passed emergency
supplemental funds (P.L. 107-38 and P.L. 107-117) which included a total of $254.9
million for counter-terrorist and emergency response activities within the Department
of State and $47.9 million for international broadcasting. In addition, Congress
passed an FY2002 supplemental (H.R. 4775; H.Rept. 107-593) which provided $303
million for the Department of State and $15.1 million for international broadcasting.

CRS-41
(For an account-by-account presentation, see CRS Report RL31370, State
Department and Related Agencies: FY2003 Appropriations
.)
The United States contributes in two ways to the United Nations and other
international organizations: (1) voluntary payments funded in the Foreign Operations
Appropriations bill and (2) assessed contributions included in the Commerce, Justice,
and State Appropriations measure. Assessed contributions are provided in two
accounts, international peacekeeping (CIPA) 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 were met. Only $100 million of the appropriated
arrearage payments had been released because the reforms had not been
implemented. After the United States lost its seat on the U.N. Human Rights
Commission in 2001, the Foreign Relations Authorization bill added a provision
(Sec. 601, H.R. 1646) that would have restricted payment of $244 million of U.S.
arrearage payments to the U.N. until the United States regained its seat. After the
September 11th attacks, however, Congress passed S. 248 (P.L. 107-46) which
authorized arrearage payments to the U.N. (For more detail, see CRS Issue Brief
IB86116, U.N. System Funding: Congressional Issues, by Vita Bite).
International broadcasting, which had been a primary function of the USIA
prior to 1999, is now carried out by 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, Radio Free Iran and the newly-authorized Radio Free
Afghanistan. The BBG’s FY2002 appropriation was $498.2 million including funds
for over 3,400 staff positions. In FY2002 the BBG began a pilot project to create a
new Middle East Radio Network (MERN) by reallocating base funds. The
emergency supplementals passed in 2001 and 2002 included funding for expanded
broadcasting by VOA and RFE/RL to Muslim audiences in and around Afghanistan
and the creation of Radio Free Afghanistan.
FY2003 Funding Issues
The Administration’s FY2003 budget request for the Department of State and
international broadcasting totaled $8.1 billion, 3.5% above the FY2002 enacted level
of $7.9 billion. The request was comparable to the FY1999 enacted level which also
included the $1.56 billion emergency supplemental appropriation for overseas
security and Y2K computer compliance. Secretary of State Colin Powell testified
before House and Senate committees in February, March and April that the
Administration’s State Department budget request for FY2003 continues to have the
same 3 top priorities as last year: 1) embassy construction and security; 2)
information technology; and 3) hiring additional Foreign and Civil Service staff. In
early summer 2002, Congress debated whether to keep the authority of overseas visa
issuance within the Department of State or move it into a new Department of
Homeland Security. Since some visa fees are authorized for use by the Department
of State, the decision could have an impact on State’s funding needs. (For more

CRS-42
detail the State Department budget, see CRS Report RL31370, State Department and
Related Agencies: FY2003 Appropriations
, by Susan B. Epstein.)
The Administration sent a supplemental request to Congress on March 21, 2002,
seeking an additional $51.05 million for D&CP, $2.5 million for CIF, $10 million for
educational and cultural exchanges, $200.516 million for ESCM and $8 million for
emergencies in diplomatic and consular service. Congress passed H.R. 4775
(H.Rept. 107-593) which provided FY2002 supplemental funding of $47.5 million
for diplomatic and consular programs; $15 million for educational and cultural
exchanges; $210.5 million for ESCM security; $7 million for U.S. contributions to
international organizations; $23 million for U.S. contributions to international
peacekeeping; and $15.1 million to international broadcasting accounts.
The President’s FY2003 request of $5,886.7 million for State’s administration
of foreign affairs was about 6% above the FY2002 enacted level. The
administration of foreign affairs request included: $3,937 million for D&CP, $177
million for the capital investment fund (CIF); $245 million for educational and
cultural exchanges
account; $1,305 million for ESCM; and $15 million for
emergencies in the diplomatic and consular services account. The Senate
Appropriations Committee recommended $5,764.3 million for the administration
of foreign affairs
: $3,803 million for D&CP; $210 for CIF; $237.8 million for
educational and cultural exchanges; $1,608 million for ESCM; and $6.5 million
for emergencies in the diplomatic and consular services.
Continuing an emphasis on overseas security particularly after the September
11th attacks, the Administration requested a total of $1,308 million for worldwide
security upgrades, similar to last year’s funding. Of this total, $553 million was
within D&CP, primarily for ongoing expenses of past actions such as salaries for
more guards, maintenance of security technology, and hiring of 134 additional
security professionals. In addition, the Administration requested $755 million within
ESCM, largely for upgrading overseas facilities, improving perimeter security, and
meeting the needs of the most urgent embassy security projects. The Senate bill
recommended $579.1 million for worldwide security upgrades within D&CP and
$770 million for worldwide security upgrades within ESCM. (For more detail, see
CRS Report RL30662, Embassy Security: Background, Funding, and the Budget, by
Susan B. Epstein.)
The nonsecurity-related funding request of $3,383.8 million within D&CP was
primarily for salaries and expenses of personnel, as well as support for U.S.
diplomatic activities around the world. Secretary Powell testified that, while the
Department did get congressional approval and funding last year to increase hiring
by 360 general staff, 186 security professionals, and technical experts in 2002,
staffing gaps continue to exist. The FY2003 State Department request included
funding for 631 new positions. That would amount to an increase in new hires of
more than 1,100 within two years. The Senate bill provided $3,223.9 million, noting
that supplemental funds also were provided for this account.
The capital investment fund (CIF), 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. For many

CRS-43
years, State Department officials have testified that the Department’s technology
problems — ranging from archaic telephones and copy machines to lack of
computers and Internet access — have received inadequate funding. This point was
evident after the September 11th terrorist attacks when the embassies did not have the
ability worldwide to communicate with each other or with State Department
headquarters in Washington, D.C. The FY2003 request equaled $177 million. The
Senate Committee recommended $33 million more, for a total of $210 million.
Educational and cultural exchange programs include programs such as the
Fulbright, Muskie, and Humphrey academic exchanges, as well as the international
visitor exchanges and some Freedom Support Act programs. Secretary of State
Powell testified on Capitol Hill that he believes exchange programs are critical to
promoting American ideals and democracy abroad. The Administration requested
$245 million for the FY2003 exchange account, an increase of about $8 million
(3.3%) over the FY2002 level. This amount would be the highest level for exchanges
since the mid-1990s when the Freedom Support and the Support for East European
Democracy (SEED) programs were first funded. The supplemental request sought
an additional $10 million to increase exchanges with Muslim populations. The
Senate bill set funding at $237.8 million, noting that exchanges received $15 million
within the FY2002 supplemental appropriation.
The Bush Administration requested $891.4 million for contributions to
international organizations (CIO). The request provided full funding of U.S.
assessed contributions to 43 international organizations including the World Health
Organization, the North Atlantic Treaty Organization, the International Atomic
Energy Agency, and the Organization for Economic Cooperation and Development.
In addition, the Administration requested (and received) $7 million within the
supplemental request to meet U.S. assessed obligations of costs of the U.N. Special
Representative’s operation in Afghanistan. The Senate Appropriations Committee
recommended continuing this account at the FY2002 level of $850 million for
FY2003.
The Administration requested $726 million for international peacekeeping
($118.2 million less than the FY2002 level) which would provide funding for
ongoing peacekeeping activities in Kosovo, East Timor, Africa, and the Middle East.
Funds would also support War Crimes Tribunals for Yugoslavia and Rwanda. The
lower request reflected a lower peacekeeping assessment rate, and project
terminations or reduction of operations in specified areas. The Administration
requested that 15% of CIPA funds be provided as two-year funding because of the
unpredictability of requirements for this account from year-to-year. Within the
supplemental request, the Administration sought an additional $43 million for CIPA
to meet the U.S. share of projected increases in U.N. peacekeeping operations.
Congress provided $23 million for the supplemental request for this account. The
Senate Appropriations Committee recommended $666.8 million for CIPA’s FY2003
funding level.
The Administration’s FY2003 request for international broadcasting totaled
$507 million or about 2% above the FY2002 level including the emergency
supplemental. The request included $25.4 million for Cuba Broadcasting and $13.7
million for capital improvements. The request sought funding for surge broadcasting

CRS-44
to South/Central Asia and the Middle East, AM transmitting facilities in Egypt and
Djibouti, and broadcasting in Arabic and other languages among Muslim
populations. The capital improvements funding request of $13.7 million would
provide continued financial support for technical improvements and maintenance of
existing facilities, as well as medium wave transmission capability in the Middle
East. In addition, the Administration requested supplemental funding of $7.4 million
for expanding broadcasting services in the Dari and Pashto languages; Congress
provided 15.1 million for expanding those services and for infrastructure-related
needs. The Senate Appropriations Committee approved of FY2003 funding levels
of $480.2 million total for international broadcasting–$441.5 million for broadcasting
operations, $13.7 million for capital improvements, and $25 million for Cuba
broadcasting.
The Government Performance and Results Act (GPRA) enacted by Congress
in 1993 (P.L. 103-62; 107Stat 285) required that agencies develop strategic plans that
contain goals, objectives, and performance measures for all major programs. State’s
most recent GPRA report : U.S. Department of State Performance Plan, Fiscal Years
2001 - 2002
, September 2001, established the following 8 categories of performance
goals: 1) National Security, including weapons of mass destruction and regional
stability; 2) Economic prosperity, such as open markets, U.S. exports, global
economic growth, and economic development; 3) American citizens and U.S. borders
with subcategories–American citizens, and travel and migration; 4) Law enforcement
with emphasis on international crime, illegal drugs, and countering terrorism; 5)
Democracy; 6) Humanitarian response; 7) Global issues including environment,
population, and health; 8) Diplomatic readiness–mutual understanding, human
resources, information resources, and infrastructure and operations.
Title IV. Department of State and International Broadcasting
(millions of dollars)
Senate
FY2001 FY2002 FY2003
House
Bill
Department or Agency
Enacted Enacted Request
Bill
S. 2778
Administration of Foreign Affairs
4,777.2
5,549.2
5,886.7
5,764.3
International Organizations and
Conferences
1,713.1
1,694.1
1,617.4
1,516.8
International Commissions
56.1
60.5
67.3
61.1
Related Appropriations
54.4
57.7
60.5
75.7
Subtotal: State Departmenta
6,600.8
7,361.5
7,631.9
7,417.9
International Broadcasting
440.5
498.2
507.0
480.2
Total: State Department, and
International Broadcasting

7,041.3
7,859.7
8,138.9
7,898.1
a In addition to appropriations, State has authority to spend certain collected fees from machine
readable visas, expedited export fees, etc. For FY2001, this amount equals $469.4 million; the
estimated amount for such fees for FY2002 is $542.7 million. The President’s FY2003 request
includes use of $744.4 million in collected fees.

CRS-45
Related Legislation
H.R. 1646 (Hyde)/S. 1401 (Biden)/S. 1803 (Biden)/P.L. 107-228
The Foreign Relations Authorization Act, Fiscal Years 2002 and 2003. Would
authorize State Department spending of appropriations and other foreign relations
activities. Introduced April 27, 2001. Committee reported bill to House (H.Rept.
107-57). Passed by the House (352-73) May 16, 2001. Referred to Senate Foreign
Relations Committee May 17, 2001. Senate Foreign Relations Committee markup
held July 26. Committee reported bill to the Senate (S.Rept. 107-60) on September
4. Senate added S. 1803 as an amendment to H.R. 1646 and passed it May 1, 2002.
Conference was held September 18; the House passed the conference report by voice
vote on September 25; the Senate passed it by unanimous consent on September 26.
It was signed into law (P.L. 107-228) on September 30, 2002.
H.R. 3969 (Hyde)
The Freedom Promotion Act of 2002. Would promote U.S. public diplomacy
activities, exchange programs with predominately Muslim countries, and reorganize
international broadcasting. Introduced March14, 2002. Committee markup and
ordered reported April 25, 2002. Passed in the House by voice vote on July 22, 2002.
Additional Reading
CRS Report RL30662. Embassy Security: Background, Funding, and the Budget,
by Susan B. Epstein.
CRS Report RL31046. Foreign Relations Authorization, FY2002/2003: An
Overview, by Susan B. Epstein.
CRS Report RL31370. State Department and Related Agencies FY2003
Appropriations, by Susan B. Epstein.
CRS Issue Brief IB86116. U.N. System Funding: Congressional Issues, by Vita Bite.
Other Related Agencies
Background and Current Issues
This section includes all other related agencies covered by Title V of the CJS
appropriations bill whose FY2002 appropriations exceeded $1.8 million.24 The CJS
24 Agencies which have received appropriations of less than $1.8 million include:
Commission for the Preservation of America’s Heritage Abroad ($490 thousand in FY2001;
$489 thousand requested for FY2002); Commission on Electronic Commerce (newly created
body, FY2000 funding was $1.4 million; no additional funding in FY2001or FY2002
request); Commission on Security and Cooperation in Europe ($1.37 million for FY2001;
$1.5 million requested for FY2002); the Marine Mammal Commission ($1.7 million for
FY2001; $1.7 million requested for FY2002), Commission on Ocean Policy ($1 million for
(continued...)

CRS-46
appropriations also cover funding for several relatively small governmental functions,
including several special government commissions. (See table below.) (For
additional information on the funding of other related agencies covered by this
legislation, see: Budget of the United States Government, Fiscal Year
2003–Appendix,
107th Cong.)
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 requested $207 million for MARAD for FY2003, $17.6 million less
than Congress appropriated in FY2002. The President’s budget request includes $93
million for operations and training and $98.7 million for the Maritime Security
Program (MSP). MSP is a fleet of 47 privately-owned U.S. flag commercial vessels
engaged in international trade that are available to support the Department of Defense
in a contingency. The Administration requested $11 million for the disposal of four
obsolete ships in the National Defense Reserve Fleet. Congress appropriated no
funds for ship disposal in FY2002. Title XI, the Maritime Guaranteed Loan
Program, provides guaranteed loans for purchasing ships from U.S. shipyards and for
the modernization of U.S. shipyards. The President requested no funds for loan
guarantees for FY2003. The DOT Inspector General is auditing the Title XI program
at the request of the Senate Commerce and House Appropriations Committees. The
audit is to examine the impact of American Classic Voyages Co. (AMCV)
bankruptcy on its Title XI loan guarantees. AMCV has approved loans totaling $367
million for the building of two cruise ships. In FY2002, Congress appropriated $33
million for Title XI loan guarantees.
The Senate Committee recommended $225 million for MARAD, which was
about $18 million more than the President’s request. The Committee recommended
$98.7 million for the MSP, the same amount as the President’s request. It
recommended $89.5 million for operations and training, which was $3.6 million
below the President’s request. For the Title XI program, the Committee
recommended about $37 million versus the President’s request to zero out the
program. For ship disposal, the Senate bill provided no funds versus the President’s
request of $11 million.
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 — principally through the agency’s 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, other physical disasters, and acts of terrorism; and to serve as an
advocate for small business within the federal government.25
24 (...continued)
2001; nothing requested for FY2002), and the newly created Congressional/Executive
Commission on China ($500 thousand for 2001; $500 thousand requested for FY2002).
25 For information about the SBA, see CRS Report 96-649, Small Business Administration:
(continued...)

CRS-47
For FY2002, the Administration requested a total appropriation for SBA of
$539 million (and an additional carryover balance of $37.9 million in the agency’s
Disaster Loan Programs account). In December 2000, Congress approved a total
FY2001 appropriation for SBA of $899.5 million. Thus, the FY2002 request
represented a decrease of $360.5 million from the previous year. SBA’s FY2002
budget request, however, asserted that the agency would be able to maintain or
increase its assistance to small business with reduced resources, mainly by increasing
user fees and restructuring disaster relief funding. The conference agreement
provided the SBA with a total appropriation of $768.5 million for FY2002, including
$308.5 million for S&E.
For FY2003, the President requested a total appropriation of $783 million for
SBA, including $352 million for S&E. The Senate full committee provided $788.5
million for SBA’s FY2003 funding level.
Legal Services Corporation (LSC). LSC 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.
Congress appropriated $329.3 million for LSC for FY2002. This was identical
to the FY2001 appropriation for LSC (after the rescission) and the Bush
Administration’s FY2002 budget request for LSC. The LSC appropriation for
FY2002 included $310 million for basic field programs, $12.4 million for
management and administration, $4.4 million for client self-help and information
technology, and $2.5 million for the inspector general. P.L. 107-77 also included
existing provisions restricting the activities of LSC grantees. ( For more detail, see
CRS Report 95-178. Legal Services Corporation: Basic Facts and Current Status,
by Carmen Solomon-Fears.)
For FY2003, the Bush Administration requested $329.3 million for the LSC,
which included $310 million for basic field programs, $13.3 million for management
and administration, $3.4 million for client self-help and information technology, and
$2.6 million for the inspector general. The budget request also continued all
restrictions on LSC-funded activities currently in effect. The Administration’s
FY2003 request for LSC ($329.3 million) was the same as the amount currently
obligated for the program for FY2002. Historically, the Corporation’s highest level
of funding was $400 million in FY1994 and FY1995.
25 (...continued)
Overview and Issues, by Bruce K. Mulock

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For FY2003, the Senate Appropriations Committee recommended a total of
$329.4 million for the LSC. This was $97,000 above the FY2002 appropriation for
LSC and the Bush Administration’s FY2003 budget request.
Equal Employment Opportunity Commission (EEOC). The
Commission enforces laws banning employment discrimination based on race, color,
national origin, sex, age or disability. The EEOC’s workload has increased
dramatically since the agency was created under Title VII of the Civil Rights Act of
1964. Passage of the Americans with Disabilities Act of 1990 and the Civil Rights
Act of 1991, as well as employees’ growing awareness of their rights, have made it
difficult for the agency’s budget and staffing resources to keep pace with its
heightened caseload.
Congress approved $279 million for the agency’s FY1999 budget, an increase
of $37 million. The following year the appropriation rose minimally to $282 million,
but the Commission received a $21 million increase for FY2001 ($303 million).
Despite this funding pattern, the EEOC was able to reduce by about 70% the backlog
of private sector charges from a high of 111,000 in mid-1995 and to reduce the
average processing time for private sector charges to 216 days. (The latter was
largely due to the Commission’s expanded use of alternative dispute resolution
procedures, e.g. mediation).
The Congress complied with President Bush’s request for $310.4 million for
FY2002 – an increase of $7.2 million – to allow the agency to further enhance its
record in its private sector program and to make improvements in its federal sector
program, among other things. The House Committee directed the Commission to
continue reducing the backlog of private sector discrimination charges; it expressed
concern about the still high level of these charges (32,481 in FY2001) and expected
the agency to exceed the small (6%) backlog reduction assumed in the
Administration’s budget request. The Committee also stated that the Commission
should continue spending at least $1.8 million on contract mediation, which is in
addition to the EEOC staff’s mediation.
The Bush Administration’s budget for the EEOC for FY2003 appeared to partly
follow the House Committee’s recommendations. The Commission had anticipated
achieving a 12.1% reduction in the backlog of private sector charges and had
intended to devote $2.6 million to the contract mediation program. The budget
request of $323.5 million included $14.7 million to fund the agency’s full share of
federal employee retirement costs as part of the Administration’s government-wide
proposal; without this cost, the FY2003 budget request was $308.8 million. The
Commission had expected to deal with the $1.6 million decrease from its FY2002
appropriation through efficiencies realized from workforce restructuring.
The Senate Appropriations Committee approved a $317.2 million budget for the
EEOC for FY2003. It represented a $6.8 million increase from the agency’s FY2002
appropriation. The Committee, as a reflection of the importance it places on the
work of state and local fair employment practice agencies, recommended that $33.0
million be used to fund them which would permit the EEOC to raise the contract rate
for cases closed.

CRS-49
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 in FY2000 and FY2001. The FY2002 enacted level
is $9.1 million. The President’s request for FY2003 was to continue funding at $9.1
million.
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. The Senate Appropriations
Committee recommended $247 million in total FCC funding for FY2003, which was
$1.9 million above FY2002 resources of $245.1 million. The entire amount, the
committee noted, would be derived from regulatory fee collections, with none
derived from a direct appropriation. (The Commission had requested $268.3 million
in total funding, a 9.5% increase.26) The committee said its recommended funding
amount would provide for continued support and critical improvements for existing
systems and “ensure compliance with government-wide standards pertaining to
system security, accessibility and financial management.”
The Senate committee also expressed its concern about “the declining standards
of broadcast television and the impact this decline is having on America’s children.”
The committee directed the Commission to “continue to report to Congress on the
issues associated with resurrecting a broadcast industry code of conduct” for
television program content.
In keeping with the requirements of the Government Performance and Results
Act, the FCC, as part of its FY2003 budget request, set forth its overall mission and
general and specific goals.27
Federal Maritime Commission (FMC). The FMC regulates the
international waterborne commerce of the United States and has responsibility for
licensing and bonding ocean transportation intermediaries. The Administration
requested $17.4 million for the FMC for FY2003, about $1 million more than
Congress appropriated in FY2002. The Senate Committee set an appropriation of
$16.5 million for FY2003, about $1 million below the President’s request.
26 The request consisted of a direct appropriation of $20.1 million and $248.2 million in
offsetting regulatory fees (compared with a direct appropriation of $26.3 million and $218.8
million in regulatory fees for FY2002). The request included $9.8 million to fund the
President’s government-wide legislative proposals to fully fund all retirement costs at the
agency level and $268.3 million for Commission operational requirements to maintain
existing programs.
27 “Our most immediate challenge,” the Commission stated, “is to integrate the changing
character of the industry into our core functions of (1) licensing; (2) competition; (3)
enforcement; (4) consumer information services; and (5) spectrum management” U.S.
Federal Communications Commission. Fiscal Year 2003 Budget Estimates to Congress, p.
18, available at [http://www.fcc.gov/Reports/fcc2003budget_complete.pdf], visited May 3,
2002.

CRS-50
The Federal Trade Commission (FTC). The FTC, an independent agency,
is responsible for enforcing a number of federal antitrust and consumer protection
laws. In recent years the FTC has used pre-merger filing fees collected under the
Hart-Scott-Rodino Act to entirely fund its operations; Zero ($0) direct appropriations
have been required.
For FY2002 the Administration requested a program level of $156.3 million for
the FTC, an increase of $9.1 million over the previous appropriation. All of the
funding comes from offsetting collections derived from fees collected for pre-merger
filings during FY2002, so as to result in a final direct appropriation of zero ($0). The
conference agreement provided the FTC with $156 million for FY2002. This action
resulted in a final direct appropriation of zero ($0).
For FY2003, the President’s requested $171.6 million for the FTC, an increase
of approximately $15.6 million over the agency’s current appropriation. As in the
recent past, all funding is to come from offsetting fee collections, so as to result in
a final direct appropriation of zero ($0). The Senate full committee recommended
$159.1 million in FY2003.
Securities and Exchange Commission (SEC). The SEC administers and
enforces federal securities laws in order to protect investors and to maintain fair and
orderly stock and bond markets. The SEC collects fees on various securities market
transactions. In recent years, these collections have exceeded the agency’s budget by
a wide margin. Legislation passed by the 107th Congress (H.R. 1088, P.L. 107-123.)
reduced these fees.
In 2001, Congress approved a total operating level of $437.9 million for the
SEC, an increase of $15.1 million over FY2001. Of the total, $109.5 million was
to come from fees collected in FY2002 and the remaining $324.4 million from
prior-year fees. As was the case in FY2001, no direct appropriations were needed –
the SEC was funded entirely by current and prior year fee collections. Under P.L.
107-206, the SEC received a supplemental appropriation of $40.2 million for
FY2002.
For FY2003, the Administration requested $466.9 million for the SEC, an
increase of 6.6% over FY2002. In the wake of Enron and other corporate accounting
scandals, there was broad support in Congress for a much larger increase in the
SEC’s budget.28 P.L. 107-204, the Sarbanes-Oxley Act, authorized appropriations
of $776.0 million. The Senate Appropriations Committee approved $750.5 million,
60% more than requested. The SEC will have difficulty carrying out the Sarbanes-
Oxley provisions on FY2002 funding levels, according to experts.
The State Justice Institute (SJI). The Institute is a private, non-profit
corporation that makes grants to state courts and conducts other activities to further
the development of judicial administration in state courts throughout the United
28 For more information on the SEC’s role in issues of corporate financial integrity, see
RS21257, Auditing and Accounting Regulation: Key SEC Powers, by Gary Shorter; and
RS20707, Auditor Independence: The SEC’s 2000 Rulemaking, by Mark Jickling.

CRS-51
States. The Senate Appropriations Committee recommended $3.1 million for SJI’s
FY2003 funding level, a $100,000 increase over the FY2002 appropriation. The
committee’s recommendation was the first positive official development for SJI in
the FY2003 appropriations process where, prior to that point, continued federal
funding for SJI looked uncertain at best. Although the Institute had requested an
appropriation of $13.55 million for FY2003, the President had proposed nothing for
SJI in his FY2003 budget, in accord with congressional language, in a FY2002
conference committee report, stating an intent that federal funding for the Institute
not go beyond FY2002. (Under the terms of its enabling legislation, SJI is authorized
to present its request directly to Congress, apart from the President’s budget.)
In the previous annual appropriations cycle, Congress scaled back the Institute’s
funding significantly, approving $3.0 million for FY2002, instead of $6.835 million
and $6.2 million approved earlier by the House and Senate respectively. (The
Institute’s FY2001 appropriation had been $6.835 million.) The action to reduce SJI
funding occurred at the conference committee stage. In their report, conferees stated
that the $3.0 million appropriated for the SJI was “available for fiscal year 2002
only”and that the conferees did not recommend continued federal support for the
Institute beyond FY2002. “The termination of funding for this program,” the report
explained, “does not necessarily mean the dissolution of the Institute.” The conferees
encouraged the Institute to solicit private donations and resources from State and
local agencies.29 No additional information explaining the decision to end federal
funding for SJI after FY2002 was provided in the conference report.
In requesting an increased FY2003 appropriation of $13.55 million, the
chairman of SJI’s board of directors said the Institute is mindful of the FY2002
conference report language expressing the intent to end federal funding for SJI after
FY2002. In a letter to Congress, however, he maintained there is “a continuing need
for the assistance that only SJI can provide to our nation’s courts and to the people
who rely on them for justice.” He pointed to “new burdens that continue to fall on
state courts—including the challenges of coping with new technology, the surge of
people appearing in court without lawyers, and the myriad requirements being
imposed by Congress and state legislatures,” which he said have created “greater
demands than ever” for SJI grant projects.30
29 U.S. Congress, Conference Committee, Making Appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies for the Fiscal Year
Ending September 30, 2002, and for Other Purposes
, report to accompany H.R. 2500, 107th
Cong, 1st sess., H.Rept. 107-278 (Washington: GPO, 2001), p. 167.
30 Robert A. Miller, Chairman, Board of Directors, State Justice Institute, letter to Hon.
Frank R. Wolf, Chairman, Subcommittee on Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies, Committee on Appropriations, U.S. House of
Representatives, Feb. 4, 2002. The SJI Board chairman said that efforts to solicit private
donations from state and local agencies, as well as from foundations, had not been
promising. SJI, he said, had been told that it was “very unlikely that any foundation would
give money to another grant-giver to give to other organizations that the foundation could
have funded directly. In addition, very few private grantors have demonstrated an interest
in court-related projects.” Apart from the unlikelihood of receiving funding support from
these other sources, the principal reason that SJI was turning again to the federal government
(continued...)

CRS-52
Separate from the appropriations process, Congress recently approved
legislation, H.R. 2048, solely concerned with the State Justice Institute. The bill,
which the Senate approved without amendment, was signed by the President on May
20, 2002–P.L. 107-179). It requires the Attorney General to submit to the House and
Senate Judiciary Committees a report regarding the effectiveness of SJI by October
1, 2002.
Office of the U.S. Trade Representative (USTR). USTR is the chief
trade negotiator for the United States and is located in the Executive Office of the
President (EOP). It is responsible for developing and coordinating U.S. international
trade and direct investment policies. The President’s FY2003 request was $32.3
million, $2.2 million above the amount ($30.1 million) approved by Congress in
FY2002. The Senate Appropriations Committee bill provides $30.8 million to USTR,
approximately $1.5 million under the President’s request. This figure represents the
FY2002 funding level ($30.1 million) plus a 4.1% pay increase for Federal
employees.
U.S. International Trade Commission (ITC). ITC is an independent,
quasi-judicial agency that advises the President and 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. As a matter of policy, its budget request is submitted to Congress
by the President without revision. For FY2003, ITC requested $54 million (excluding
full funding of Federal retiree costs), an approximately $2.6 million increase over the
FY2002 request ($51.4 million). The Senate Appropriations Committee recommends
$54.6 million. The increase will be used to fund a mandatory 4.6% pay increase, to
fund several information technology projects to increase public access to information,
to improve electronic transaction capability, and to develop more accurate trade
information for affected constituents.
U.S. Commission on International Religious Freedom. The
Commission, established in P.L. 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. No additional funds were appropriated for FY2000 or FY2001.
Congress passed the requested amount of $3 million for FY2002. The
Administration’s FY2003 request and Senate Committee recommendation is for $3
million.
30 (...continued)
for funding, he said, “is that we continue to believe that there is a substantial federal interest
in assisting state courts through SJI.” Ibid.

CRS-53
Title V. Other Related Agencies
(millions of dollars)
Senate
FY2001 FY2002 FY2003
House
Bill
Department or Agency
Enacted Enacted Request
Bill
S. 2778
Maritime Administration
219.1
224.7
207.1
225.2
Small Business Administration
857.6
888.5
783.0
788.5
Legal Services Corporation
329.3
329.3
329.3
329.4
Equal Employment Opportunity
Commission (EEOC)
303.2
311.7
308.8
317.2
Commission on Civil Rights
8.9
9.1
9.1
9.1
Federal Communications
Commission (FCC)
29.3a
26.3a
20.1a
0.0a
Federal Maritime Commission
15.5
16.5
17.4
16.5
Federal Trade Commissionb
0.0
0.0
18.6
9.1
Securities and Exchange
Commission (SEC)c
421.9
458.6
466.9
750.5
State Justice Institute
6.8
3.0
13.6 d
3.1
U.S. Commission on International
Religious Freedom
-.-
3.0
3.0
3.0
Other
1.9e
15.5
21.4
10.1
Total: Related Agencies
2,196.5
2,286.2
2,184.7
2,461.7
a For FY2001, Congress approved $229.5 million in overall funding resources for the FCC, consisting
of a direct appropriation of $29.3 million and $200.1 million in offsetting regulatory fee
collections. For FY2002, Congress enacted $245.1 million for FY2002, consisting of a direct
appropriation of $26.3 million and $218.8 million in offsetting collections. For FY2003, the
President requested $268.3 million in overall funding resources, consisting of a direct
appropriation of $20.1 million and $248.2 million in offsetting fee collections. The Senate
Appropriations Committee recommends that no FY2003 funding be derived from a direct
appropriation, but that $247 million be derived from fee collections.
b The FTC is fully funded by the collection of pre-merger filing fees.
c The SEC is fully funded by transaction fees and securities registration fees.
d Under the terms of its enabling legislation, the State Justice Institute is authorized to present its
budget request directly to Congress. For FY2003, the Institute requested $13.6 million–as
distinguished from the President, who has requested no funding for SJI.
e Other includes agencies receiving appropriations of less than $2.0 million in FY2002. 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, the Commission on Ocean Policy, and the Congressional/Executive
Commission on China, the National Veterans Business Development Corp, the Pacific Charter
Commission, and the U.S. Canada Alaska Rail Commission.

CRS-54
Related Legislation
H.R. 2048 (Coble)
Requires the Attorney General to submit by October 2, 2002 to House and
Senate Judiciary Committees a report regarding the effectiveness of the State Justice
Institute. Introduced June 5, 2001; referred to the House Judiciary Committee.
Reported by Judiciary Committee, August 2, 2001. Agreed to by voice vote of
House, under suspension of the rules, Sept. 5, 2001. Received in the Senate, Sept.
6, 2001; referred to the Judiciary Committee. Reported by the Judiciary Committee,
without amendment, September 13, 2001. Passed Senate without amendment by
unanimous consent, May 7, 2002. Presented to President, May 8, 2002.
P.L. 107-
179, May 20, 2002.
H.R. 518 (Regula et al.)
Amends the Trade Act of 1974 to revise the injury threshold the International
Trade Commission must consider to determine the risk of increased imports to a
domestic industry producing like or directly competitive articles in escape clause
(Sec.201) actions. Introduced February 7, 2001; referred to House Ways and Means
Committee.
H.R. 1988 (English et al.); S. 979 (Durbin et al.)
Amends the Trade Act of 1974 to revise the injury threshold the International
Trade Commission must consider to determine the risk of increased imports to a
domestic industry producing like or directly competitive articles in escape clause
(Sec.201) actions. Amends the Tariff Act of 1930 to revise various factors that the
Commission must consider in making material injury determinations in
countervailing duty and antidumping duty proceedings. H.R. 1988 introduced May
24, 2001; referred to House Ways and Means Committee. S. 979 introduced May 26,
2001; referred to Senate Finance Committee.
S. 422 (Wellstone); H.R. 837 (Oberstar et al.)
Directs the International Trade Commission to consider U.S. produced taconite
pellets to be like or directly competitive with semifinished steel slab for purposes of:
(1) Section 201 injury determinations, and (2) antidumping or countervailing duty
determinations. S. 422 introduced March 1, 2001; referred to Senate Finance
Committee. H.R. 837 introduced March 7, 2001; referred to House Ways and Means
Committee.
S. 187 (Snowe et al.); H.R. 1782 (Manzullo et al.)
Small Business Export Enhancement Act of 2001 - Amends the Trade Act of
1974 to establish in the Office of the United States Trade Representative (USTR) the
position of Assistant USTR for Small Business to promote the trade interests of small
businesses, remove foreign trade barriers that impede small business exporters, and
enforce existing trade agreements beneficial to small businesses. S. 187 introduced
January 25, 2001; referred to the Senate Budget and Senate Governmental Affairs
Committee. H.R. 1782 introduced May 9, 2001; referred to House Committee on
Ways and Means.

CRS-55
S. 714 (Snowe et al.)
Expresses the sense of Congress that the U.S. Trade Representative should
pursue the establishment of a small business advocate at the World Trade
Organization (WTO) to safeguard the interests of small firms and represent those
interests in trade negotiations involving the WTO. Introduced April 5, 2001; referred
to the Senate Finance Committee.
S. 19 (Daschle et al.)
Protecting Civil Rights for All Americans Act. Would authorize $400 million
for the Legal Services Corporation for FY2002. Introduced January 22, 2001;
referred to S. Judiciary Committee.

CRS-56
Appendix. Appropriations Funding for Departments
of Commerce, Justice, State, the Judiciary, and
Related Agencies – FY2001, FY2002, and the
FY2003 Request
(millions of dollars)
Title I. Department of Justice
Senate
FY2001
FY2002
FY2003
House
Bill
Department or Agency
Enacted Enacted
Request
Bill
S. 2778
Office of Justice Programs
4,657.5
4,944.4
3,116.7
5,942.8
Legal Activities
3,143.4
3,539.7
3,060.8
2,992.3
Interagency Law Enforcement
325.1
338.6
362.1
347.1
Federal Bureau of
Investigation (FBI)
3,245.1
4,269.9
4,203.8
4,203.8
Drug Enforcement
Administration (DEA)
1,360.1
1,481.8
1,545.9
1,530.5
Immigration and
Naturalization Service (INS)
3,252.0
4,049.3
4,032.4
4,030.7
Federal Prison System
4,306.4
4,625.6
4,480.4
4,586.9
Other
739.7
454.8
1,998.2
2,146.0
Total: Justice Department
21,029.5 23,704.0 22,800.3
25,780.0
Title II. Department of Commerce and Related Agencies
Senate
FY2001
FY2002
FY2003
House
Bill
Department or Agency
Enacted Enacted Request
Bill
S. 2778
Departmental Management
55.8
62.6
70.9
62.1
Bureau of the Census
432.7
490.8
705.3
496.8
Economic and Statistical
Analysis
53.6
62.5
73.2
63.8
International Trade
Administration
333.7
344.5
363.7
353.2
Bureau of Export
Administration
64.7
70.6
100.2
98.5
Minority Business
Development Agency
27.2
28.4
28.9
28.6
National Oceanic and
Atmospheric Administration
3,040.8
3,258.8
3,130.6
3,345.9
Patent and Trademark Officea
(1,037.0) (1,127.5) (1,304.4)
(1,145.6)
Technology Administration
8.1
8.2
7.9
7.9
National Institute of Standards
and Technology
597.0
680.8
563.1
692.5

CRS-57
Senate
FY2001
FY2002
FY2003
House
Bill
Department or Agency
Enacted Enacted Request
Bill
S. 2778
National Telecommunications
and Information
Administration
100.2
81.3
60.3
81.7
Economic Development

Administration
438.9
365.6
348.0
366.2
Subtotal: Commerce
Department

5,152.8
5,739.0
5,552.2
5,876.7
Office of the U.S. Trade
Representative
29.5
30.1
32.3
30.8
International Trade
Commission
48.0
51.4
54.0
54.9
Subtotal: Related Agencies
77.4
81.5
86.3
85.7
Total: Dept. of Commerce
and Related Agencies

5,230.2
5,820.5
5,638.5
5,962.1
Title III. Judiciary
Senate
FY2001 FY2002 FY2003
House
Bill
Department or Agency
Enacted Enacted Request
Bill
S. 2778
Supreme Court — salaries and
expenses
37.5
40.0
46.3
44.4
Supreme Court — building and
grounds
7.5
67.5
53.6
53.3
U.S. Court of Appeals for the
Federal Circuit
17.9
19.3
21.9
20.1
U.S. Court of International Trade
12.4
13.1
13.8
13.5
Courts of Appeals, District
Courts, other judicial services —
salaries and expenses
3,352.9
3,591.1
4,014.1
3,814.2
Vaccine Injury Act Trust Fund
2.6
2.7
2.8
2.8
Defender Services
434.0
500.7
588.7
531.8
Fees of Jurors and
Commissioners
59.4
48.1
57.8
54.6
Court Security
199.1
278.2
298.2
290.4
Administrative Office of the U.S.
Courts
58.2
64.5
66.9
64.7
Federal Judicial Center
18.7
19.7
21.9
20.2
Retirement Funds
35.7
37.0
35.3
35.3
U.S. Sentencing Commission
9.9
11.6
13.2
11.8
General Provisions – Judges’ Pay
Raise
8.8
8.6
7.0
8.0
Total: Judiciary
4,254.8
4,707.2
5,241.6
4,965.2

CRS-58
Title IV. Department of State and International Broadcasting
Senate
FY2001 FY2002 FY2003
House
Bill
Department or Agency
Enacted Enacted Request
Bill
S. 2778
Administration of Foreign Affairs
4,777.2
5,549.2
5,886.7
5,674.3
International Organizations and
Conferences
1,713.1
1,694.1
1,617.4
1,516.8
International Commissions
56.1
60.5
67.3
61.1
Related Appropriations
54.4
57.7
60.5
75.6
Subtotal: State Departmentc
6,600.8
7,361.5
7,631.9
7,417.8
International Broadcasting
440.5
498.2
507.0
480.2
Total: State Department, and
International Broadcasting

7,041.3
7,859.7
8,138.9
7,898.0
Title V. Other Related Agencies
Senate
FY2001 FY2002 FY2003
House
Bill
Department or Agency
Enacted Enacted Request
Bill
S. 2778
Maritime Administration
219.1
224.7
207.1
225.2
Small Business Administration
857.6
888.5
783.0
788.5
Legal Services Corporation
329.3
329.3
329.3
329.4
Equal Employment Opportunity
Commission (EEOC)
303.2
311.7
308.8
317.2
Commission on Civil Rights
8.9
9.1
9.1.
9.1
Federal Communications
Commission (FCC)
29.3d
26.3d
20.1d
0.0d
Federal Maritime Commission
15.5
16.5
17.4
16.5
Federal Trade Commissione
0.0
0.0
18.6
9.1
Securities and Exchange
Commission (SEC)f
421.9
458.6
466.9
750.5
State Justice Institute
6.8
3.0
13.6 g
3.1
U.S. Commission on International
Religious Freedom
-.-
3.0
3.0
3.0
Other
1.9h
15.5
21.4
10.1
Total: Related Agencies
2,196.5
2,286.2
2,184.7
2,461.7

CRS-59
Title VI. General Provisions
Senate
FY2001
FY2002
FY2003
House
Bill
Department or Agency
Enacted Enacted
Request
Bill
S. 2778
Section 604
0.0



Title VII. Rescissions
Senate
FY2001
FY2002
FY2003
House
Bill
Department or Agency
Enacted
Enacted
Request
Bill
S. 2778
Department of Justice
Working capital fund
0.0
0.0
0.0
0.0
Legal Activities
0.0
0.0
0.0
0.0
Asset forfeiture fund
0.0
-40.0
0.0
0.0
Federal Bureau of

Investigation
0.0
0.0
0.0
0.0
Information sharing
0.0
0.0
0.0
0.0
Drug Enforcement
Administration

0.0
0.0
0.0
Drug diversion fund
8.0
0.0
0.0
0.0
Immigration and
Naturalization Service
0.0
0.0
0.0
0.0
Immigration
emergency fund
0.0
0.0
0.0
0.0
Department of Commerce,
Departmental Management
-114.8
-5.2
-96.9
0.0
Department of State and
Related Agencies
0.0
0.0
0.0
0.0
Contributions for
International
Peacekeeping
activities
0.0
0.0
0.0
0.0
Broadcasting Board of
Governors
0.0
0.0
0.0
0.0
International broadcasting
operations
0.0
0.0
0.0
0.0
Maritime Administration
0.0
0.0
0.0
0.0
Maritime guaranteed
loan (Title XI
program)
7.6
0.0
0.0
0.0
ship construction
0.0
-4.4
0.0
0.0
Small Business
Administration
0.0
0.0
0.0
0.0

CRS-60
Senate
FY2001
FY2002
FY2003
House
Bill
Department or Agency
Enacted
Enacted
Request
Bill
S. 2778
Business Loans Program
Account
0.0
-5.5
0.0
0.0
Securities and Exch.
Commission
0.0
-50.0
0.0
0.0
Total: Rescissions
-130.4
-105.1
-96.9
0.0
Title IX.
Senate
FY2001
FY2002
FY2003
House
Bill
Department or Agency
Enacted
Enacted
Request
Bill
S. 2778
Wildlife Conservation and
Restoration Planning

50.0
0.0
0.0
0.0
Total Appropriation Funding, Titles I-IX, FY2001-FY2003
Request
Senate
FY2001
FY2002
FY2003
House
Bill
Department or Agency
Enacted Enacted Request
Bill
S. 2778
GRAND TOTAL:
39,786.7 44,272.5 43,907.1
47,067.0
Source: U.S. House of Representatives. Committee on Appropriation.
Note: Details may not add to totals due to rounding. 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 Securities and Exchange
Commission. Information on such fees are contained in the background and issues sections of
this report. Data for FY2002 include Emergency Response Funds from the supplemental
appropriation P.L. 107-117).
a The 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. The
prior-year carryover funds count against the FY2003 total appropriation for the Dept. of
Commerce. The Administration requested $100 million in prior-year carryover funds for
FY2003. The Senate Appropriations Committee recommends $282.3 million in prior-year
carryover funds.
b As of October 1, 1999 both USIA and ACDA were consolidated into the Department of State.
International Broadcasting remains an independent agency.
c In addition to appropriations, State has authority to spend certain collected fees from machine
readable visas, expedited export fees, etc. For FY2001, this amount equals $469.4 million; the
estimated amount for such fees for FY2002 is $542.7 million. The President’s FY2003 request
includes use of $744.4 million in collected fees.

CRS-61
d For FY2001, Congress approved $229.5 million in overall funding resources for the FCC, consisting
of a direct appropriation of $29.3 million and $200.1 million in offsetting regulatory fee
collections. For FY2002, Congress enacted $245.1 million for FY2002, consisting of a direct
appropriation of $26.3 million and $218.8 million in offsetting collections. For FY2003, the
President requested $268.3 million in overall funding resources, consisting of a direct
appropriation of $20.1 million and $248.2 million in offsetting fee collections. The Senate
Appropriations Committee recommends that no FY2003 funding be derived from a direct
appropriation, but that $247 million be derived from fee collections.
e The FTC is fully funded by the collection of pre-merger filing fees.
f The SEC is fully funded by transaction fees and securities registration fees.
g Under the terms of its enabling legislation, the State Justice Institute is authorized to present its
budget request directly to Congress. For FY2003, the Institute requested $13.6 million—as
distinguished from the President, who has requested no funding for SJI.
h Other includes agencies receiving appropriations of less than $2.0 million in FY2002. 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, the Commission on Ocean Policy, and the Congressional/Executive
Commission on China, the National Veterans Business Development Corp, the Pacific Charter
Commission, and the U.S. Canada Alaska Rail Commission.